This chapter contains sections titled: Analogy and the Principle of Justice The Logical Form of Analogical Inference Limitations of Analogical Reasoning Challenges to Traditional Theory Analogical Reasoning and Normative Legal Theory References.

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions (...) of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

"The Austin of the Jurisprudence of Administrative Law" This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner (...) of Harvard Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588. Ernst Freund [1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States. (shrink)

In Dialogues, Deleuze contrasts French and Anglo-American literatures, arguing that the French are tied to hierarchies, origins, manifestos and personal disputes, whereas the English and Americans discover a line of flight that escapes hierarchies, and abandons questions of origins, schools and personal alliances, instead discovering a collective process of ongoing invention, without beginning or determinate end. Deleuze especially appreciates American writers, and above all Herman Melville. What ultimately distinguishes American from English literature is its pragmatic, democratic commitment to sympathy and (...) camaraderie on the open road. For Deleuze, the American literary line of flight is toward the West, but this orientation reflects his almost exclusive focus on writers of European origins. If one turns to Chinese-American literature, the questions of a literary geography become more complex. Through an examination of works by Maxine Hong Kingston and Tao Lin, some of these complexities are detailed. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as (...) the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that (...) American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Method in Ancient PhilosophyDavid K. GliddenJyl Gentzler, editor. Method in Ancient Philosophy. Oxford: Clarendon Press, 1998. Pp. viii + 398. Cloth, $72.00.The fifteen papers in this collection constitute revisions of conference proceedings and reflect the varied interests of participants. The ensemble exhibits a thoroughly modern methodology. Whatever and however various ancient methods of philosophy may have been, in Anglo-American scholarship it is standard practice to first address (...) established scholarly interpretations as the primary entry point to critical discussionóoften displacing antiquity with a critical vocabulary of philosophical modernity. Scholars may come to understand each other better, but at the risk of asking the wrong questions or sacrificing ancient texts themselves as mere means of producing papers.Most scholars are progressives. They believe philosophy has advanced past the comparatively primitive wisdom of antiquity, and so such scholars feel perfectly entitled to make better sense of ancient texts, by patiently explaining what the ancients would have meant had they only been able to get it right. There are, of course, exceptions. And some papers in this collection suggest deeper faith in our philosophic fathers. So, the battle between the ancients and the moderns is joined once more, between those who would adorn their papers with footnotes for their peers and those who would attempt more anthropological an inquiry into ancient philosophic practices.Ian Mueller and Robert Bolton each address the same passage in Plato's Phaedo, both beginning with an article from Vlastos, first published in 1969. Mueller thoughtfully explores three different yet related accounts of what we might call scientific method in explaining Plato's views on natural change. Bolton wonders whether scholars are asking the wrong questions. Patricia Curd attempts a progressivist account of Eleatic thought, notwithstanding her recognition of the paucity of ancient sources. Complete with elaborately numbered sentences, Gail Fine focuses primarily on Burnyeat (1976) on Plato on Protagoras. Constance Meinwald presents a rather near-sighted account of two passages in the Philebus that employ the peras-apeiron distinction, with a view toward Plato's allegedly modernist mathematization of understanding. Lesley Brown revisits five pages of the Sophist that were hotly debated in the 1960s. With charity and elegance, she offers several plausible solutions to puzzles posed by previous scholars. Sometimes time smoothes over differences.A. A. Long's essay on Plato's presentation of Socrates in the Theaetetus might appear more philosophically anthropological. Yet Long reveals progressive sympathies, suggesting that Plato dispatches Socrates in the Theaetetus, so as to prepare the way for a more rigorously academic form of philosophizing, such as that exhibited in the Sophist. [End Page 111] In this way, Long speculates, Plato abandoned practical ethics for the academic life of research, so familiar to university professors and conference participants. It might be hard to square such speculation with Plato's Laws and the reception of Plato's writings among his own contemporaries. Still, Socrates' shifting role in Plato's dialogues is well worth pondering.By comparison, T. H. Irwin's contribution is wonderfully old-fashioned. His paper addresses the background knowledge to be presumed by ancient readers of Plato's dialogues and how that knowledge is artfully put to use in Plato's depiction of Socrates' reflections on the unity of virtue. By speculating on Plato's relation to his ancient readers, Irwin displaces many modernist preoccupations, though not without himself falling victim to that peculiar scholarly obsession of dating Plato's dialogues by their doctrines.With characteristic conservatism, Gisela Striker cautions scholars not to over-read Aristotle's Prior Analytics. While that extraordinary work may have deep implications for the history of formal logic, it probably was instead intended to be part of a general account of argument. In a similar vein, Charlotte Witt attempts to rescue Aristotle from scholars who would delimit Aristotle's multifarious uses of the "for the sake of" explanation, which altogether pervade his metaphysics, physics, biology and ethics. Yet, Witt soon finds herself competing in a contest over interpretive distinctions, a sport that will certainly never capture Aristotle's own authorial intentions.Facing another mass of scholarship, in this case on Aristotle's dialectic, C. D. C. Reeve sensibly attempts to... (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that (...) American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns. (shrink)

How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on (...) the “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. (shrink)

The advent of the intelligence age has injected new elements into the development of literature. The synergic modification of Anglo-American traumatic narrative literature by artificial intelligence technology and interactive design psychology will produce new possibilities in literary creation. First, by studying natural language processing technology, this study proposes a modification language model based on the double-layered recurrent neural network algorithm and constructs an intelligent language modification system based on the improved LM model. The results show that the performance of the (...) proposed model is excellent; only about 30% of the respondents like AAL literature; the lack of common cultural background, appreciation difficulties, and language barriers have become the main reasons for the decline of reading willingness of AAL literature. Finally, AI technology and ID psychology are used to modify a famous TN work respectively and synergically, and the modified work is appreciated by respondents to collect their comments. The results corroborate that 62% of the respondents like original articles, but their likability scores have decreased for individually modified work by AI or ID psychology. In comparison, under the synergic modification efforts of AI and ID psychology, the popularity of the modified work has increased slightly, with 65% of the respondents showing a likability to read. Therefore, it is concluded that literary modification by single ID psychology or AI technology will reduce the reading threshold by trading off the literary value of the original work. The core of literary creation depends on human intelligence, and AI might still not be able to generate high-standard literary works independently because human minds and thoughts cannot be controlled and predicted by machines. The research results provide new ideas and improvement directions for the field of AI-assisted writing. (shrink)

My presentation deals with developments and transformations of the concept of the transcendental within Anglo-American analytical philosophy. According to Kant – the “founding father” of transcendental philosophy – the methodical domain of the transcendental is to denote and to expose the a priori epistemic structureof human mind and cognition (perception, experience, knowledge), as well as to provide a priori foundations for normative ethics. Analytical philosophy has adopted the term of the transcendental, mostly within sceptical argumentations or for sceptical refutations. What (...) is the methodological function of the transcendental in these debates, in the context of philosophical scepticism? My contribution tries to show that the notion of the transcendental becomes concave in analytical contexts. It might be appropriate to refute scepticism, but in these analytical contexts it’s not possible to deduct epistemic structures (e.g. categories,epistemic schemes) of experience and knowledge or to bridge the gap to foundations in ethics – one of the core goals in Kantian transcendental philosophy. What is the importance in transcendental analysis and reflection or is this term obsolete all together nowadays? My paper tries to discuss and mediate between various positions and ideas. (shrink)

The present paper, adopting some of the tools offered by Cognitive Linguistics, namely the mechanisms of conceptual metaphor and metonymy, is a qualitative study of a sociolinguistic nature. Its overall purpose is an attempt at exhibiting a paradigm shift in the representation of women in Anglo-American proverbs. Combining the potential of the cross-fertilisation between Cognitive Linguistics and paremiological studies, the study appertains to the sense-threads embedded in the figurative language of proverbs, with the main focus on a cognitive semantic analysis (...) of selected Anglo-American paremias directed towards women and animals. The main goal of the research is the juxtaposition of the meaning coded in two proverbs of traditional status, as representatives of a larger group of paremiological units (i.e. A woman, a cat, and a chimney should never leave the house; A whistling girl and a crowing hen always come to no good end), reflecting the deep-rooted gender-biased ideology in patriarchal Anglo-American society, with the content of the selected anti-proverb (i.e. The early bird gets up to serve his wife breakfast in bed) and a contemporary proverb (i.e. A woman without a man is like a fish without a bicycle), serving as sample evidence of the heralds of a paradigm shift in the issue of gender stereotyping stored in paremiological wisdom. The paper shows that the motivation behind the use of the analysed proverbs is to be accounted for by reference to the mechanism of metaphor-metonymy interaction, while the rise of new gender-related proverbs can be regarded as a sign of socio-cultural changes. Specifically, through the medium of modern paremiology, asymmetrical representation of male and female gender, coupled with traditional masculine and feminine characteristics as well as social roles, appears if not endangered then, at least, to be taking a promising path. (shrink)

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

This collection of thirteen essays, when viewed together, offers a unique perspective on the history of American philosophy. It illuminates for the first time in book form, how thirteen major American philosophical thinkers viewed a problem of special interest in the American philosophical tradition: the relationship between experience and reflection. Written by well-known authorities on the figure about which he or she writes, the essays are arranged chronologically to highlight the changes and developments in thought from Puritanism to Pragmatism to (...) Process Philosophy. While Doctrine and Experience will be of particular interest to specialists in American Philosophy, there is also much to offer anyone interested in the intellectual and cultural history of the United States. In order of appearance, the essays are: "Jonathan Edwards and the Great Awakening" by John E. Smith "Heart and Head: The Mind of Thomas Jefferson" by Andrew J. Reck"Emerson and the American Future" by Robert C. Pollock"Chauncey Wright and the Pragmatists" by Edward Madden"Charles S. Peirce: Action Through Thought – The Ethics of Experience" by Vincent G. Potter"Life Is in the Transitions’: Radical Empiricism and Contemporary Concerns" by John J. McDermott"John Dewey and the Metaphysics of American Democracy" by Ralph W. Sleeper"Individualization and Unification in Sartre and Dewey" by Thelma Z. Levine"Josiah Royce: Anticipator of European Existentialism and Phenomenology" by Jacqueline Ann K. Kegley"The Transcendence of Materialism and Idealism in American Thought" by John Lachs"C. I. Lewis and the Pragmatic Tradition in American Philosophy" by Sandra Rosenthal"The Social Philosophy of George Herbert Mead" by David Miller"Existence as Transaction: A Whiteheadian Study of Causality" by Elizabeth Kraus. (shrink)

It is sometimes taken for granted that Grotius included a short restatement of his doctrine of the free sea in his famous Introduction to the Jurisprudence of Holland . This impression is incorrect, since Grotius merely restates a dictum of the Roman lawyer Marcianus and, in doing so, only deals with the condition of the sea according to private law. In Mare liberum, however, he employs Marcian's idea of the sea as a res communis in a different (...) fashion. This article is concentrating on the use of arguments taken from private law in a debate on issues of public law in the light of the exceptions to Marcian's doctrine as formulated by medieval lawyers, which have culminated in the doctrine that states can indeed exercise authority over the sea. It is contended that Grotius had to argue along the same line by using arguments from private law in order to effectively refute that doctrine. (shrink)

In Anglo‐American Postmodernity I call attention to recent intellectual shifts in epistemology (from foundationalism to holism), philosophy of language (from reference to use), and metaphysics (from reductionism to nonreductionism), and pursue the consequences of these changes for science, theology, and ethics. Wesley Robbins criticizes the book for making overly optimistic claims for the intellectual status of theology; Philip Clayton criticizes it for giving up the quest for general standards of rational progress. Both criticisms miss the mark in not taking (...) on the account of rationality that I have developed from resources in the work of Alasdair MacIntyre. (shrink)

This essay reflects on Anglo-American literary representations of Italian culture from the perspective of postcolonial theory. Throughout history, many national and cultural entities have defined themselves in relation to foreign and “exotic” civilizations; this equally applies to “the exotic within Europe.” Through a discussion of the works of writers as various as E.M. Forster (The Story of a Panic, 1903), Frances Mayes (Under the Tuscan Sun, 1997), and Elizabeth Gilbert (Eat, Pray, Love, 2006), the essay describes a tradition that celebrates (...) Italy as an authentic cultural experience and at the same time “orientalises” such a tradition by depicting it as a destabilizing threat and challenge to the “rational mind,” allegedly represented by Anglo-American culture. The essay attempts to disclose the degree of “imagined identity” that emerges from an on-going productive dialogue with the “other within oneself.”. (shrink)

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism (...) into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science. (shrink)

In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental English trust doctrines. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the core of trust law. Irreducible settlor power (...) over beneficiaries and the strong protection of beneficiaries from creditors under spendthrift trusts were two strikingly original American creations, which flowed from these basic doctrinal choices. The changes made to American trust doctrine yield a paradox for the legal, social and economic historian, namely that republican America ended up with a more dynastic property law, more wedded to dead hand control and more hostile to commercial creditors, than did aristocratic England with its unreformed system of common law and equity rooted in the feudal property system. The American abandonment of free alienability of beneficial interests and the corresponding reduction of the beneficiary’s powers over trust assets may have been rooted in the volatility of credit in America and the desire of the wealthy to escape from the pressures of the market, though disparities between jurisdictions remain to be explained. (shrink)

This article focuses on the anxiety about whether God loves one or not. In the author's nearly 30-year ministry, this pastoral difficulty continues to perplex and afflict. While the presenting problem is what in theological parlance is 'a lack of assurance', a side difficulty is the poor and incorrect doctrine of God often associated with this. A Baylor University Study in 2006 characterises the kind of God that different groups of Americans believe in. While the phrase 'a lack of (...) assurance' is a part of dogmatic parlance, and has fallen out of use, the feeling of not belonging to God can be overwhelming for people. This feeling may be overwhelming. This makes it a pastoral issue. This article suggests a pastoral response to this issue and a proposal for a clarification in the nature and character of God using the therapeutic theology of 19th-century Scottish minister-theologian John McLeod Campbell. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level (...) of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law Dictionary, Oxford (...) Large Dictionary of Law, Chinese-English Glossary of Terms of Laws and Regulations of People’s Republic of China and English-Chinese Dictionary of Anglo-American Law to analyze the roles of law dictionaries on the standardization of the translated Chinese legal terms. (shrink)

The fundamental requirement of Anglo-American criminal law is that crime must consist of the concurrence of a guilty mind—a mens rea—with a guilty act—an actus reus. And yet, the criminal law is shot through with discordant lumps of strict liability—crimes for which no mens rea is required. Ignoring the conventional normative objections to this aberration, I distinguish two different types of strict criminal liability: the type that arose at common law and the type associated with the public welfare offenses that (...) are the product of twentieth and twenty-first century legislation. Using famous cases as exemplars, I analyze the two types of strict liability, and then examine the purposes served and incentives created by subjecting individuals to strict liability. I conclude that common law strict liability is rational in that it advances the purposes of the criminal law, while the public welfare offenses are at best pointless and at worst counterproductive. I suggest that in this respect the common law contains more wisdom than the results of the legislative process. (shrink)

The aim of this dissertation is to present a systematic account of F. H. Bradley's philosophy in so far as it is relevant to an understanding of his conception of the nature and criterion of truth. I argue that, for Bradley, the nature of truth is the identity of thought with reality given in immediate experience. There is no absolute separation between thought and its object. Bradley therefore rejects both the correspondence theory and epistemological realism. Thought is not just a (...) mirror which reflects an independently existing reality. ;Concerning the criterion of truth, I argue that his criterion for our ordinary and scientific beliefs is practice, and the criterion for philosophical positions is a kind of coherence based on the doctrine of relative truth. For Bradley, some positions are truer than others, and the best philosophy is a comprehensive system which contains the truth of all different positions. ;Bradley does not accept the coherence theory of justification as it is understood today, since it is based on the standard account of negation and the doctrine of absolute truth. Bradley has a different approach to negation and inconsistency, according to which there are no absolutely inconsistent beliefs. Further, he insists that truth is not absolute but "relative," a matter of degree. All philosophical positions contain some truth, and none is completely false. The truth in philosophy is a position which accounts for the whole of reality and includes all apparently inconsistent positions within it. ;I explain Bradley's place in the history of philosophy and show his connections with the British empiricist tradition. I believe one of Bradley's central concerns is to explain the nature and criterion of truth in philosophy within the constraints of empiricism. I also contrast Bradley's positions on important issues with those of philosophers in the Anglo-American analytic tradition, such as Russell, Moore, Ayer, Tarski, Quine, Churchland, Lehrer and Campbell. I argue that most recent commentators on Bradley overlook the importance of understanding his philosophy as a system constructed according to the doctrine of relative truth. (shrink)

American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery (...) of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. (shrink)

This study examined differences in the values patterns of business students from Anglo-American and Far Eastern country clusters using Allport et al.'s (1970) Study of Values. Differences were noted on five of the six attitudes; Theoretical, Economic, Political, Social, and Religious. Next, using multiple comparison method the value patterns of newly arrived Far Eastern students and Far Eastern students who had spent considerable time in the U.S. were compared for changes in value patterns that may be attributable to their stay (...) and study in the United States. Differences were found in terms of five of the six evaluative attitudes between the two groups. Value pattern of Far Eastern students who had lived and studied in the U.S. for a considerable period of time was also compared with that of Anglo-American students to examine the degree of convergence in their value systems. Findings of this study suggest that as a result of frequent and sustained cross-cultural contacts in another cultural environment, the value profile of individuals tend to get modified, so as to include the values preferred and desired in the new social environment. (shrink)

In this essay, we demonstrate that in addition to the Revised Standard Version and its revisions as part of the linear emergence of the Tyndale–King James Version tradition in the 20th and 21st centuries, there are also alternative revisions and retranslations of the King James Version (KJV) of 1611 as literal or word-for-word translations, which emerge as divergent branches. The revisions of the American Standard Version (ASV) (1901) emerged in the following branches, namely the New American Standard (...) Bible (NASB) and its revisions, The Amplified Bible (AB) and its revisions, as well as The Living Bible, Paraphrased and its retranslation, the New Living Translation (NLT). Then there are revisions that emerged as alternatives to the Revised Standard Version (1946–1952/1971) by reverting to the King James Revised (Blayney) Edition (1769) as their incipient text rather than the ASV, namely The Modern King James Version (MKJV) (and similar revisions), The New King James Version (NKJV) and the New Cambridge Paragraph Bible. Finally, there are retranslations within the Tyndale–King James Version tradition, namely the Contemporary English Version (CEV), and the Common English Bible (CEB). The diversity reflects the search for individual identity to satisfy particular reader expectations in an age of digital-media interpretive culture featuring broad universal values.Contribution: Instead of viewing the revisions and retranslations within the Tyndale–King James Version tradition since the second half of the 20th century as new and independent, it is demonstrated that the various branches and their versions rather continue the emergence of the pre-20th century translation complex within this tradition to satisfy particular reader expectations. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...) to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted (...) in the light of the jurisprudence of the Court shows that they are not in accordance with the jurisprudence of the European Court of Human Rights and the solutions are therefore suggested. The aim of the article is to systematically analyse the Lithuanian legal acts regulating issues of abortion and to identify the existing problems and provide suggestions as to how to solve those problems with the help of the jurisprudence of the European Court of Human Rights in abortion cases. Analysis of the Lithuanian legal acts reveals that the existing legal regulation and practice is confusing and ambiguous. Abortion questions are regulated in Lithuania by means of secondary legislation, namely by order of the Health Minister which is more than 15 years old, and the classification of diseases dangerous to woman’s health and life is based on international classification that is invalid. The order is not in reconciled with the Lithuanian criminal law. Some other ambiguities and problems are identified in the article. Abortion on a woman’s request in Lithuania is possible by the end of the 12 week of pregnancy and during the entire pregnancy, if it causes danger to woman’s health and life. The Lithuanian legislator requires that both conditions – danger to woman’s health and life – are met in order to terminate pregnancy what is unnecessary and sometimes even confusing. The author suggests providing two separate bases for abortion – danger to woman’s life or health. Foetus problems – if a foetus is irreversibly damaged or suffering from an incurable life-threatening disease, it is not a separate basis for abortion in Lithuania, however those abnormalities of the foetus are related to the health and life of a pregnant woman. In the opinion of the author, looking into the practice of the other EU countries, it is better to provide a separate ground for abortion because of abnormalities of the foetus. The basic problem in Lithuania that is similar in Poland and in Ireland is that there is no clear procedure in case a pregnant woman is not satisfied with the decision of the medical commission regarding the question of her abortion or if the opinion of members of the commission is diverse – no time guidance or appeal institution is provided. (shrink)

Feminist jurisprudence is less a body of thought than a family of different perspectives or frameworks used to analyze the actual, and the desirable, relationship between law and gender. These frameworks are not mutually exclusive. Theorists work across their permeable boundaries, which cannot fully discipline the various modes of analysis in this maturing field. They provide a necessary, simplifying structure, however, for managing common themes and important points of divergence.

pAt various junctures in its history, Buddhist thought has adapted in inventive ways to accommodate important ideological features of the new cultural spheres with which it came into contact. The concept of “skill-in-means” (upāya-kauśalya) played an important role in most of these syncretistic developments by facilitating critical reflexivity, doctrinal flexibility, and expositional creativity. It is surprising that a principle that has favored crosscultural dialogue, co-integration, and hybridization throughout Buddhism’s history should elicit little interest amongst contemporary philosophers wishing to syncretize Anglo-American (...) philosophy with precisely those Indian (and Indo-Tibetan) Buddhist philosophical traditions in which skill-in-means qua meta-doctrine features most prominently, that is, the various traditions falling under the broad banner of Madhyamaka. In this paper, I argue that failure to give due consideration to skill-in-means in “fusion philosophy” methodology and hermeneutics is expressive of lingering metaphilosophical parochialism in what ought to be--and may yet become--a more reflective and cosmopolitan field of research. I further argue that paying heed to skill-in-means makes it clear that, if “fusion” with Madhyamaka philosophical traditions really is the goal, then philosophers engaged in this project will have to expand their metaphilosophical horizons such as to respect and accommodate these traditions’ irreducibly therapeutic orientation./p. (shrink)

The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense contradicts the (...) fundamental principles of criminal responsibility in that it authorizes violation of rights of innocent bystanders. By allowing the mountain climbers to override the property rights of the cabin owner, the defense effectively forbids the cabin owner to use force in response—a different rule would perpetuate violence. This outcome is at odds with the basic criminal law doctrines. There is no general duty to rescue in Anglo-American law. Yet, by forbidding the cabin owner to use force, the defense of necessity essentially imposes on him the duty to forego his interests in favor of those of the mountain climbers. The paper explores the origins and boundaries of the defense of necessity. It argues that the existing public and private theories of necessity are unsatisfactory and concludes that a viable theory of necessity should be able to explain why it is sometimes permissible to override individual rights of citizens without their consent or fault. (shrink)

A renewed search for legal certainty is a reaction to the preponderance of judge made law, which has been in turn prompted by the democratic deficit of the EU and the impact of Anglo-American law. The problem is that the search is oblivious to both systematic interpretation and the need of re-systematization of law. The paper defines systematic interpretation, relates the definition to standard French and German conceptions, indicates the room for systematic interpretation in Anglo-American laws, and states prima (...) facie reasons for a re-systematization of law as a prerequisite of systematic interpretation. The problem cannot be appreciated outside its proper context. It is a disregard for causation and evaluation. Hence the paper outlines Aristotle’s understanding of causation and evaluation in his presentation of phronesis, reconsiders continental European legal thought in the light of Aristotle’s presentation, and offers policy-oriented jurisprudence as a remedy to the deficit of evaluation and causation in European legal thought. A solution to the problem offers a typology of criteria and clarifies positive and fundamental legal concepts, positive and fundamental criteria of systematization, and the place of criteria in knowledge of law. The usefulness of the criteria is demonstrated by a common approach to the systematization of law and an alternative diagnosis of a defect of systematization diagnosed by an authority in history and philosophy of law rather than legal theory. (shrink)

This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and (...) Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime. (shrink)

The medieval doctrine of God as first known presents a privileged moment in a tradition of classical metaphysics that runs from Plato to Levinas. The presentcontribution analyzes two versions of this doctrine formulated by Bonaventure († 1274) and Henry of Ghent († 1293). In reaction to the preceding discussion inParis, they advance a doctrine of God as first known that distinguishes the relative priority of God within the first known transcendental concepts from the absolutepriority of God over (...) these. Although their two-staged doctrines of God as first known structurally agree, they vary in their strategical embedding. Underlying this variation is a transformation of the concept of reality that abstracts actuality as a standard and criterion to the determination of the first known. As such, thisconcept of reality gives rise to the very idea of neutral existence against which Levinas objects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"What Is Philosophy?"The Status of World Philosophy in the ProfessionRobert C. SolomonThe question "What is philosophy?" is both one of the most virtuously self-effacing and one of the most obnoxious that philosophers today tend to ask. It is virtuously self-effacing insofar as it questions, with some misgivings, its own behavior, the worth of the questions it asks, and the significance of the enterprise itself. It is obnoxious when it (...) refuses to question its own behavior but instead takes that same behavior as the exclusive standard to delegitimize any other activity that dares to call itself "philosophy." Thus, for most of this century, Anglo-American and most European philosophers have simply ignored the rich philosophical traditions of Africa, Asia, Latin and Native America, and the rest of the world. Some leading African American and African European philosophers have dismissed "ethnophilosophy" as "not philosophy," presumably to protect their own analytic credentials. Universities as far flung as Singapore, Sierra Leone, and New Delhi have prided themselves on their fidelity to Oxbridge philosophy. It seems that the globalization of free market economics goes with the globalization of one brief moment in philosophy, with similarly devastating effects on local cultures and the rich varieties of human experience.Philosophy might be thought of as made up of two components: critical thinking and passionate vision. But "critical thinking" does not necessarily imply the hermeneutics of suspicion, skepticism, or intellectual paranoia—all too often the trademarks of the bright young professional philosopher. One can be "critical," that is, reflective, while at the same time be committed, even devoted, to an idea or a way of thinking. The emphasis on passionate vision, however, is just as essential, and any philosophy that doesn't include both components just isn't worthy of the name. Without passionate vision, we get that utterly eviscerated focus on forms of argumentation—philosophia minimalia—devoid of "empirical" content (that is to say, content) and, as far as most people are concerned, devoid of any interest. Without critical reflection, we get gullibility and the worst of New Age philosophy, accepting of any kind of nonsense, just because it stirs the passions. But simply to assume that philosophy must be as rigorously self-questioning as modern European and Anglo-American philosophy is a subtle form of ethnic chauvinism. It eliminates from the realm of philosophy not only African ethnophilosophy and Latin and Native American and South Pacific mythology but a good deal of the philosophy of religion, the basis (for better or worse) of the development of Western philosophy over much of the past two thousand years. [End Page 100]I have just withdrawn from a recent dispute, in a respectable and supposedly eclectic philosophy journal, in which my worst fears in this regard were rather bluntly confirmed. I had made the point mentioned above—rather matter-of-factly, I thought—that if (analytic) philosophy dismisses or ignores modes of thinking that are not obviously self-critical and are presented poetically instead of by way of positions to be argued for, then a good deal of the world's philosophy, including a good deal of Western philosophy, would be left out of the arena. The journal's board reacted indignantly, to put it mildly, to the suggestion that anything should count as "philosophy" that was not sufficiently self-critical in just this sense. But what about the millennium or so of religious philosophy in the West? Does anyone believe that thinkers like Anselm, or Alvin Plantiga for that matter, are seriously skeptical of the truth of Christianity, as they go through their admittedly brilliant argumentative routines? For that matter, to what extent is the emphasis on logical form and argument subjected to scrutiny in contemporary analytic philosophy? (As one of the foremost practitioners of that art commented, "Metaphilosophy makes me sick.")Some of the hostility to world philosophy, to be sure, turns on the conflict between philosophy and religion, which may have its origins in ancient and medieval philosophy but emerges full-blown with the Enlightenment and its campaign against "superstition." But many people and a good many cultures do not distinguish between philosophy and religion. If we consider the word "philosophy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"What Is Philosophy?"The Status of World Philosophy in the ProfessionRobert C. SolomonThe question "What is philosophy?" is both one of the most virtuously self-effacing and one of the most obnoxious that philosophers today tend to ask. It is virtuously self-effacing insofar as it questions, with some misgivings, its own behavior, the worth of the questions it asks, and the significance of the enterprise itself. It is obnoxious when it (...) refuses to question its own behavior but instead takes that same behavior as the exclusive standard to delegitimize any other activity that dares to call itself "philosophy." Thus, for most of this century, Anglo-American and most European philosophers have simply ignored the rich philosophical traditions of Africa, Asia, Latin and Native America, and the rest of the world. Some leading African American and African European philosophers have dismissed "ethnophilosophy" as "not philosophy," presumably to protect their own analytic credentials. Universities as far flung as Singapore, Sierra Leone, and New Delhi have prided themselves on their fidelity to Oxbridge philosophy. It seems that the globalization of free market economics goes with the globalization of one brief moment in philosophy, with similarly devastating effects on local cultures and the rich varieties of human experience.Philosophy might be thought of as made up of two components: critical thinking and passionate vision. But "critical thinking" does not necessarily imply the hermeneutics of suspicion, skepticism, or intellectual paranoia—all too often the trademarks of the bright young professional philosopher. One can be "critical," that is, reflective, while at the same time be committed, even devoted, to an idea or a way of thinking. The emphasis on passionate vision, however, is just as essential, and any philosophy that doesn't include both components just isn't worthy of the name. Without passionate vision, we get that utterly eviscerated focus on forms of argumentation—philosophia minimalia—devoid of "empirical" content (that is to say, content) and, as far as most people are concerned, devoid of any interest. Without critical reflection, we get gullibility and the worst of New Age philosophy, accepting of any kind of nonsense, just because it stirs the passions. But simply to assume that philosophy must be as rigorously self-questioning as modern European and Anglo-American philosophy is a subtle form of ethnic chauvinism. It eliminates from the realm of philosophy not only African ethnophilosophy and Latin and Native American and South Pacific mythology but a good deal of the philosophy of religion, the basis (for better or worse) of the development of Western philosophy over much of the past two thousand years. [End Page 100]I have just withdrawn from a recent dispute, in a respectable and supposedly eclectic philosophy journal, in which my worst fears in this regard were rather bluntly confirmed. I had made the point mentioned above—rather matter-of-factly, I thought—that if (analytic) philosophy dismisses or ignores modes of thinking that are not obviously self-critical and are presented poetically instead of by way of positions to be argued for, then a good deal of the world's philosophy, including a good deal of Western philosophy, would be left out of the arena. The journal's board reacted indignantly, to put it mildly, to the suggestion that anything should count as "philosophy" that was not sufficiently self-critical in just this sense. But what about the millennium or so of religious philosophy in the West? Does anyone believe that thinkers like Anselm, or Alvin Plantiga for that matter, are seriously skeptical of the truth of Christianity, as they go through their admittedly brilliant argumentative routines? For that matter, to what extent is the emphasis on logical form and argument subjected to scrutiny in contemporary analytic philosophy? (As one of the foremost practitioners of that art commented, "Metaphilosophy makes me sick.")Some of the hostility to world philosophy, to be sure, turns on the conflict between philosophy and religion, which may have its origins in ancient and medieval philosophy but emerges full-blown with the Enlightenment and its campaign against "superstition." But many people and a good many cultures do not distinguish between philosophy and religion. If we consider the word "philosophy... (shrink)

There is a remarkable difference between that which Anglo-American legal philosophers more or less unanimously regard as their subject matter and that which prominent Continental writers have emphasized as one of the main topics for jurisprudential discussion. The latter have often directed their attention to something quite specific: not law or the aforementioned law-related phenomena, but the study of law, or legal scholarship. In particular, Continental writers have been interested in legal scholarship as it is characteristically produced by law teachers. (...) Some phrases that may be used to describe this type of scholarship are “doctrinal legal scholarship”, “legal dogmatics”, and “legal science in a narrow a sense”. This paper explains why Anglo-American theorists should keep their minds open to the idea that jurisprudence may take the doctrinal study of law as its subject matter. It also attempts to explain what doctrinal legal scholarship is, and thus engages in precisely the type of jurisprudential inquiry that it is out to promote. (shrink)

In Spain, the introduction of the new Diploma in Nursing in 1977 saw the role of nurses shifting from that of medical assistants with technical skills to being independent members of the healthcare team with specific responsibility for providing professional nursing care. Here, we analyse the evolution of the nursing profession in Spain following the transfer of nurse education to universities, doing so through interviews with the first generation of academic tutors. This was a qualitative study using the method of (...) analytic induction and based on the principles of grounded theory. Participants were selected by means of theoretical sampling and then underwent in‐depth interviews. Steps were taken to ensure the credibility, transferability, dependability and confirmability of data. The main conclusion of the analysis is that there is a gap between a theoretical framework borrowed from the Anglo‐American context and a nursing practice that, in Spain, has traditionally prioritised the application of technical procedures, a role akin to that of a medical assistant. It is argued that a key factor underlying the way in which nursing in Spain has evolved in recent decades is the lack of conceptual clarity regarding what the role of the professional nurse might actually entail in practice. (shrink)

These original essays offer evidence that a growing number of Anglo-American philosophers are finding in the classical discussion of God's existence and nature fertile sources for critical reflection on issues in the philosophy of religion. Nelson Pike challenges Aquinas' claim that God is not responsible for evil and shows how the rejection of this claim bears on the problem of evil. Richard Swinburne defends the classical Christian understanding of heaven and hell, arguing that it is both philosophically plausible and compatible (...) with the Christian conception of God's goodness. Philip Quinn proposes a defensible version of the classical assertion that God's conserving a creature in existence is tantamount to his continuously creating that creature. Thomas Flint and Alfred Freddoso present an analysis of omnipotence which they claim to be both philosophically adequate and consonant with the orthodox Christian belief that God is both omnipotent and incapable of sinning. James Ross's main purpose is to dislodge the assumption that God's power is properly and adequately thought of as the power to cause (or bring about or actualize) states of affairs. Clement Dore reinterprets and defends Descartes' often maligned Fifth Meditation argument for God's existence. Finally, Mark Jordan explicates the metaphysical foundations of Aquinas' doctrine of divine names. (shrink)

Part I: Reprinted articles -- Twenty-fourth award of Aquinas medal by the American Catholic Philosophical Association to W. Norris Clarke, SJ -- Interpersonal dialogue : key to realism -- Causality and time -- System : a new category of being -- A curious blind spot in the Anglo American tradition of antitheistic argument -- The problem of the reality and multiplicity of divine ideas in Christian neoplatonism -- Is the ethical eudaimonism of Saint Thomas too self-centered? -- Conscience and the (...) person -- Democracy, ethics, religion : an intrinsic connection -- What cannot be said in Saint Thomas's essence-existence doctrine -- Living on the edge : the human person as frontier being and microcosm -- The metaphysics of religious art : reflections on a text of Saint Thomas -- Part II: New articles -- The immediate creation of the human soul by God and some contemporary -- Challenges -- The creative imagination : unique expression of our soul-body unity -- The creative imagination as treated in western thought -- The integration of personalism and thomistic metaphysics in twenty-first-century Thomism. (shrink)

In this article, I provide a close analysis of the resolutions to God as first known in Bonaventure’s Itinerarium mentis in Deum and the Collationes in Hexaemeron. Hardly any methodological reflection has been given to the fact that there are two accounts of God as first known in each of these works. Myanalysis shows that there exists a structural similarity between the Itinerarium and the Hexaemeron with regard to their treatment of Deus primum cognitum. In both texts, Bonaventure’s doctrine (...) on God as first known exhibits a dynamic character, which I relate to the fact that both texts present a spiritual discourse dealing with the gradual transformation of the soul, in which the resolutions are embedded. Each of the two resolutions is part of a different stage of the development ofknowledge that corresponds to this transformation. (shrink)

No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications. Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by (...) it is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal. This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes. ☆ The publication of this text, in this form, may require some explanation. In what it now appears the very distant June 1989, the Max-Planck-Institut für Geschichte in Göttingen organised an International Workshop on ‘Unsocial Sociability: Modern natural Law and the 18th-Century Discourse of Politics, History and Society’. The proceedings of that Workshop were never published, even though individual contributions have piecemeal appeared since then. My own contribution consisted in a short extract from a chapter from my book Samuel Pufendorf discepolo di Hobbes. Per una reinterpretazione del giusnaturalismo moderno (Bologna, 1990), which appeared in print the following year. For this reason, I considered the separate publication of that intervention as superfluous. Rather naively I underestimated the fact that the publication of my book in Italian restricted its circulation in the Anglo-American academic circles, and even if occasionally quoted, the book would not be much read. Recently, following the solicitations of many friends to present in English part of the theses developed in that book, I had decided to have my intervention at the Göttingen Workshop finally published. After all, this had amply circulated as a manuscript and been cited by many in that form. But while I was planning to revise that manuscript, I was presented with the draft translation of the second chapter of my book done by Dr. Melissa Calaresu of Cambridge University, when she was still a graduate student. It is probably better to leave aside the story of why Melissa did that translation, but I am extremely grateful to her for having allowed me to use it as the basis for this piece, which is therefore a revised version of the second chapter of my Italian book on Hobbes. I have decided to publish it in English with some hesitation, at least for two reasons. First, because with the publication in English of only part of my book I may risk to reinforce a rather simplified interpretation of my work, and consequently of Pufendorf's thought, that his main contribution lies in his doctrine of socialitas and of the state of nature. I am instead firmly convinced that the most important parts of my own work are those that are still untranslated, that is those on the nature of moral obligation and that of moral entities, beside the comparison I make in the second part of the book between the first and the second edition of De iure. Secondly, because during the intervening years I have distanced myself from a conception of the history of philosophy understood as an internal analysis of the texts, and have become more attentive to the context in which to place philosophical texts. I have therefore developed a slight impatience towards the rather nick-picking analysis of texts, which with a certain virtuosism I performed in the book. Nonetheless, since even after so many years I do not believe that the theses I developed in that book have lost their force, I am happy for this partial translation, with some essential bibliographic updating, to appear, in the hope that such theses will be finally discussed for what they are and not on the basis of second-hand reports. I am grateful to Dario Castiglione for his precious help with the final revision of the text, and to Richard Whatmore and Brian Young for their willingness to publish this translation in their Journal. (shrink)

The topic of the sublime is making a return to contemporary discourse on aesthetics and cognition. In Sublime Understanding, Kirk Pillow makes sublimity the center of an alternative conception of aesthetic response and interpretation. He draws an aesthetics of sublimity from Kant's Critique of Judgment, bolsters it with help from Hegel, and establishes its place in a broadened conception of human understanding. He argues that sublime reflection provides a model for an interpretive response to the uncanny Other outside our conceptual (...) grasp; it advances our sense-making pursuits but eschews unified, conceptual determination. Thus "sublime understanding" is the always partial, indeterminate grasping of contextual wholes through which we make sense of the uncanny particular in both art and the lived world.The book is divided into three parts. In the first two parts, Pillow presents insightful reinterpretations of Kant's and Hegel's aesthetics. In the third part he develops his own model of an aestheticized understanding, which illuminates contemporary discussions of metaphor and interpretation, while bridging Anglo-American and continental treatments of these issues. The presentation is a model of clear and well-crafted exposition, exemplifying the practice of aesthetically reflective sublime understanding that it articulates. (shrink)