This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on (...) the efforts of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islam: Religion, History, and CivilizationZain AliIslam: Religion, History, and Civilization. By Seyyed Hossein Nasr. San Francisco: Harper San Francisco, 2003. Pp. 224. Paper $9.71."Islam," writes Seyyed Hossein Nasr, "is like a vast tapestry," and in his book Islam: Religion, History, and Civilization he aims to survey the masterpiece that is Islam. The present work is part of a trilogy including Ideal and Realities of Islam (...) and The Heart of Islam. Nasr states that the common theme in the trilogy "is the universalist perspective and respect for other religions" (p. xxiv). In addition, Nasr clarifies that his approach, as with all of his Islamic writings, is to write from an Islamic perspective, which he terms "traditional Islam" (p. xxiii). Nasr stands opposed to either the secular modernist or fundamentalist perspectives, both of which he regards as forms of extremism.This book, initially published as part of Our Religions, edited by A. Sharma, is significantly revised and includes a new introduction and bibliography. It can best be described as a primer on Islam, consisting of eight chapters that focus on a variety of pertinent themes.Chapter 1 deals with the self-understanding of Islam and the Islamic world. Islam, Nasr notes, sees itself as a return to the primordial faith of humanity, a faith that affirms the unity and oneness of God. This chapter also presents an overview [End Page 495] of the various ethnic and cultural groupings within the Muslim world, and charts the spread and demographic growth of Islam.Chapter 2 introduces the notion of al-din, an Arabic term that corresponds closely to the word "religion." Nasr contrasts the two words, where religion means "to bind" while al-din means "debt" (p. 25). Thus, religion, as framed by Islam, involves the notion of debt, in particular humanity's debt to the Divine. The chapter also discusses the significance of the Qur'an and Muhammad as the messenger of God.Chapter 3 begins with an exposition of the nature of Divinity, which is at the heart of Islamic doctrine. As Nasr explains, the Divine is understood as being "at once the Absolute, the Infinite, and the Perfect Good" (p. 59). The remainder of the chapter deals with various Islamic doctrines and beliefs, including prophecy and revelation, human nature, the Qura'nic view of men and women, and eschatology.Chapter 4 deals with the content, codification, and schools of Shariah, the Divine Law of Islam. There is also an interesting discussion of Sufism, which Nasr claims "is like the heart of the body of Islam" (p. 81). Controversially, Nasr claims that "the spread of Islam outside of the Arab and Persian worlds up to the present day has been mostly through Sufism" (p. 87).Chapter 5 delves into the central pillars of Islam, which accompany the belief in God and in Muhammad as the messenger of God. The pillars are salah (canonical prayer), sawn (fasting), hajj (pilgrimage), and zakah (religious tax or charity). Associated with these pillars is the notion of jihad, and here Nasr writes, "jihad... is usually mistranslated into English as 'holy war,' but literally means 'exertion' or 'effort' in the path of God" (p. 91). Also covered are the topics of family, ethics, and economic and political institutions.Chapter 6 presents the historical evolution of Islam beginning with the migration of Muhammad to Medina, and the events leading to the divide between Sunnis and Shiites.Chapter 7 discusses the early Islamic community, who found themselves in the "throes of disputes over such issues as whether human beings are saved by faith or works, whether there is freewill or determinism, and questions concerning the sacred text as the Word of God" (p. 154). Nasr then explores the various schools of theology and philosophy that arose in order to address these questions of faith.Chapter 8, the final chapter of the book, attempts to evaluate the place of Islam in the contemporary world. Nasr concludes by noting that despite the challenges of secular modernism and fundamentalism the vast majority of Muslims remain committed to the truth of Islam, and bear witness to the Oneness of God and the Oneness of humanity.The one quibble... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islam: Religion, History, and CivilizationZain AliIslam: Religion, History, and Civilization. By Seyyed Hossein Nasr. San Francisco: Harper San Francisco, 2003. Pp. 224. Paper $9.71."Islam," writes Seyyed Hossein Nasr, "is like a vast tapestry," and in his book Islam: Religion, History, and Civilization he aims to survey the masterpiece that is Islam. The present work is part of a trilogy including Ideal and Realities of Islam (...) and The Heart of Islam. Nasr states that the common theme in the trilogy "is the universalist perspective and respect for other religions" (p. xxiv). In addition, Nasr clarifies that his approach, as with all of his Islamic writings, is to write from an Islamic perspective, which he terms "traditional Islam" (p. xxiii). Nasr stands opposed to either the secular modernist or fundamentalist perspectives, both of which he regards as forms of extremism.This book, initially published as part of Our Religions, edited by A. Sharma, is significantly revised and includes a new introduction and bibliography. It can best be described as a primer on Islam, consisting of eight chapters that focus on a variety of pertinent themes.Chapter 1 deals with the self-understanding of Islam and the Islamic world. Islam, Nasr notes, sees itself as a return to the primordial faith of humanity, a faith that affirms the unity and oneness of God. This chapter also presents an overview [End Page 495] of the various ethnic and cultural groupings within the Muslim world, and charts the spread and demographic growth of Islam.Chapter 2 introduces the notion of al-din, an Arabic term that corresponds closely to the word "religion." Nasr contrasts the two words, where religion means "to bind" while al-din means "debt" (p. 25). Thus, religion, as framed by Islam, involves the notion of debt, in particular humanity's debt to the Divine. The chapter also discusses the significance of the Qur'an and Muhammad as the messenger of God.Chapter 3 begins with an exposition of the nature of Divinity, which is at the heart of Islamic doctrine. As Nasr explains, the Divine is understood as being "at once the Absolute, the Infinite, and the Perfect Good" (p. 59). The remainder of the chapter deals with various Islamic doctrines and beliefs, including prophecy and revelation, human nature, the Qura'nic view of men and women, and eschatology.Chapter 4 deals with the content, codification, and schools of Shariah, the Divine Law of Islam. There is also an interesting discussion of Sufism, which Nasr claims "is like the heart of the body of Islam" (p. 81). Controversially, Nasr claims that "the spread of Islam outside of the Arab and Persian worlds up to the present day has been mostly through Sufism" (p. 87).Chapter 5 delves into the central pillars of Islam, which accompany the belief in God and in Muhammad as the messenger of God. The pillars are salah (canonical prayer), sawn (fasting), hajj (pilgrimage), and zakah (religious tax or charity). Associated with these pillars is the notion of jihad, and here Nasr writes, "jihad... is usually mistranslated into English as 'holy war,' but literally means 'exertion' or 'effort' in the path of God" (p. 91). Also covered are the topics of family, ethics, and economic and political institutions.Chapter 6 presents the historical evolution of Islam beginning with the migration of Muhammad to Medina, and the events leading to the divide between Sunnis and Shiites.Chapter 7 discusses the early Islamic community, who found themselves in the "throes of disputes over such issues as whether human beings are saved by faith or works, whether there is freewill or determinism, and questions concerning the sacred text as the Word of God" (p. 154). Nasr then explores the various schools of theology and philosophy that arose in order to address these questions of faith.Chapter 8, the final chapter of the book, attempts to evaluate the place of Islam in the contemporary world. Nasr concludes by noting that despite the challenges of secular modernism and fundamentalism the vast majority of Muslims remain committed to the truth of Islam, and bear witness to the Oneness of God and the Oneness of humanity.The one quibble... (shrink)

This book has been defined around three important issues: the first sheds light on how people, in various philosophical, religious, and political contexts, understand the natural environment, and how the relationship between the environment and the body is perceived; the second focuses on the perceptions that a particular natural environment is good or bad for human health and examines the reasons behind such characterizations ; the third examines the promotion, in history, of specific practices to take advantage of the health (...) benefits, or avoid the harm, caused by certain environments and also efforts made to change environments supposed to be harmful to human health. The feeling and/or the observation that the natural environment can have effects on human health have been, and are still commonly shared throughout the world. This led us to raise the issue of the links observed and believed to exist between human beings and the natural environment in a broad chronological and geographical framework. In this investigation, we bring the reader from ancient and late imperial China to the medieval Arab world up to medieval, modern, and contemporary Europe. This book does not examine these relationships through the prism of the knowledge of our modern contemporary European experience, which, still too often, leads to the feeling of totally different worlds. Rather, it questions protagonists who, in different times and in different places, have reflected, on their own terms, on the links between environment and health and tries to obtain a better understanding of why these links took the form they did in these precise contexts. This book targets an academic readership as well as an “informed audience”, for whom present issues of environment and health can be nourished by the reflections of the past. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that she wrote (...) for Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

The purpose of this article is to identify how modern Russia can build good relationships between multiple Russian religions and the state. At present there are many obstacles standing in the way of achieving this goal. The article includes a great many statistics, and discusses political, social, and religious views of the issue.The working Russian Constitution provides major legal provisions for democratic relationships between religions and the state. The law “On Freedom of Conscience and Religious Associations” (1997) clarified (...) constitutional provisions. It should not forgotten that Russia is a secular state claiming to respect all religions. No doubt the supremacy of Orthodoxy in Russia after 1721 and the extreme atheism that arose in the Soviet Union after 1917 influenced people’s minds greatly. While the countries in Western Europe were moving from religiosity to secularism, Russia was developing the other way around. But while respecting all religions, Russia should not forget to be mindful of extremism. Religious associations themselves are likewise uneasy about the danger presented by certain mystic, neo-pagan, and destructive sects. The author argues that the best compromise between religions and the modern Russian state canonly be achieved on the basis of equality and freedom. (shrink)

How do we deal with difference personally, interpersonally, nationally? Can we weave a cohesive social fabric in a religiously plural society without suppressing differences? This collection of significant essays suggests that to truly honour differences in matters of faith and religion we must publicly exercise and celebrate them. The secular/sacred, public/private divisions long considered sacred in the West need to be dismantled if Canada (or any nation state) is to develop a genuine mosaic that embraces fundamental differences (...) instead of a melting pot that marginalizes. An ethics of difference starts with a recognition of difference, not as deviance or deficit that threatens but as otherness to connect with, cherish, and celebrate. The book begins with the suggestion that our inability to come to terms with social plurality is not fundamentally the fault of religious differences, and that a public/private split inadequately deals with matters of basic difference. It then explores how encouraging people to live out their respective faiths may open new possibilities for respectful, honourable, and just negotiations of contemporary dilemmas arising out of the multicultural fabric of Canadian life. Towards an Ethics of Community introduces readers to some of the most challenging and divisive dilemmas we face in this increasingly pluralistic, postmodern world — issues such as family and domestic violence, Aboriginal rights, homosexuality and public policy, and female genital mutilation. This is a book truly global in scope and significance. (shrink)

Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making in (...) countries belonging to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Religion, the Globalization of War, and Restorative JusticeNathan TierneyAs the pace of globalization increases, the world's religions find themselves in a perilous dilemma that they have yet to resolve in either practical or conceptual terms. On the one hand, the globalization of markets exerts a powerful pressure toward consumerist and materialist values, which undermine and undercut religious perspectives and sensibilities. On the other hand, the globalization of war (...) heightens the intensity of these religious perspectives and sensibilities, and distorts them in the direction of violence and religious extremism. This dilemma plays itself out in different ways in the developed and developing world, but, as the term "globalization" indicates, it is a problem for all of us. Governments, in developing countries especially, often find themselves forced to choose between one horn of the dilemma or the other, with often disastrous results as they take one or the other side in a "West versus the rest" scenario. In the long run, the only viable solution is one that addresses both horns of the dilemma at the same time, and this is possible only if, in turn, religions themselves become truly global. This will require a large-scale and focused cooperative effort in which the religions of the world actively and jointly engage with both problems, working with governments, NGOs, religious communities, and interfaith groups to harmonize religious life with economics and to promote a culture of peace and justice.Because "globalization" is a familiar term in relation to markets, I'll begin by clarifying what I mean by the globalization of war. There are two main aspects to this phenomenon. First, the term refers to a specific transformation in the nature, purposes, and conditions of warfare brought about by the forces of globalization. By globalization I mean the growing trend of the world's cultural, economic, and political forces to bypass national borders and operate on a world scale. This process creates new possibilities for both integration and conflict. When that conflict passes beyond the possibility of diplomatic negotiation, we have the conditions for globalized war. Globalized war is not necessarily world war. It can be relatively local in its sphere of combat; for example, the U.S. invasion of Afghanistan was a collective response to a worldwide threat of terrorism. What makes it a globalized war, as distinct from international war, is the global nature of the forces that produced it and [End Page 79] are affected by it. Globalized war in this sense has come only lately onto the scene, but its scale and impact is likely to grow in the coming century.The second aspect of the globalization of war is the tendency of conflict to mutate beyond the interests and concerns of nation-states and be taken up by broader civilizational units, even if they were not originally a response to global pressures. The most likely trajectory for this mutation has been well described by Samuel P. Huntington in his influential article "The Clash of Civilizations" (1993) and his book-length treatment of the same subject (1997). Huntington argues that the fault lines of conflict will not be primarily ideological or economic but cultural, where "cultural" is to be understood at its broadest level—the level of civilizations. He divides the world into seven or eight competing civilizations: Western, Sinic, Japanese, Hindu, Islamic, Orthodox, Latin American, and possibly African. Societies sharing cultural affinities will cooperate with one another, and the attempt by the West to universalize its dominant version of consumer capitalism and liberal democracy will be resisted in an increasingly determined way—eventually to the point of outright war: "the next world war, if there is one, will be a war between civilizations."1In Huntington's analysis, then, the globalization of war refers to a coming clash of civilizations. He believes that religion will play a central role in this clash as the focal point of civilizations: "Civilizations are differentiated from each other by history, language, culture tradition and, most important, religion."2 While Western civilization has experienced several decades of decline and decay, in both its cultural unity and its sense of identity, other civilizations have grown both in economic terms and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 445-446 [Access article in PDF] G. Felicitas Munzel. Kant's Conception of Moral Character: The "Critical" Link of Morality, Anthropology, and Reflective Judgment. Chicago: University of Chicago Press, 1999. Pp. xxii + 378. Cloth, $53.00. Paper, $24.00. Given the recent trend in Kant scholarship to seek a kinder, more caring philosopher behind the familiar rules and imperatives, a study focusing on the (...) place of "character" in Kant's thought is a timely contribution to a growing body of work. Indeed, G. Felicitas Munzel intends to go where no Kantian has gone before and show not only that Kant has a conception of character, but that it is "rich" (1) and "unique in the history of philosophy" (5). Considering his "corpus as a whole" (6), she sets out to demonstrate the "systematic importance" of the concept for Kant's thought (1) and reveal "a richer sense of familiar notions of his moral philosophy than is generally appreciated" (11).From the outset, however, high hopes prove hard to sustain. In Chapter 1, Munzel's exegetical efforts to link "character" with Denkungsart ("conduct of thought") and Gesinnung ("comportment of mind"), either delineate only familiar elements of Kant's thought or attribute to him views which philosopher and non-philosopher alike could hardly deny: in Kant's "rich" conception, character involves clear thinking and perfection, and is an "accomplished state" (67) presupposing sound reasoning and the capacity to think. In what becomes the dominant theme of the study, Munzel concludes that, for Kant, character is an activity in which the objective moral law is realized in subjects acting on maxims and from firm principles.In Chapter 2 the reader is subsequently led across a familiar terrain of causality, desire, and feeling, to learn that Kant is disinclined to inclination, but very much inclined to reason (71-2); and that character has a foot in both the empirical and intelligible orders of causality (74). The same goes for desire (95ff.) and aesthetic capacity (126ff.), where the "moral form" of character represents the union of reason and nature. A [End Page 445] similar story continues in Chapter 3 where Munzel considers Kant's view of religion and hopes to cast "new light" (142) upon and foster "fresh appreciation" (182) for "radical evil." Again, the reader spots comforting landmarks along the way and emerges into a world unchanged: for Kant, Munzel concludes, human conflict is a manifestation of evil with its roots in human nature; virtue involves progress or advance; and a well-established character brings inner and outer peace to human life (134-6).In the remainder of the book Munzel turns to the "structure and cultivation of character." Chapter 4 focuses on orientation, reflective principles, conscience, and discourse where, rambling through the Kantian landscape, one learns that common sense is a source of principles (198ff); maxims should be steadfastly adopted (208-9); and that morally upright persons should know their duty (210), tell the truth (246), and develop their capacities to the full (249). By this stage, that "character must be made subjectively rational" (252) has become a mantra, but lest the point remain unclear, Munzel expounds a metaphor (from Mendelssohn's Morgenstunden) of a traveler on life's journey, in order to emphasize that moral character involves being rational, competent, and accountable for one's actions (191ff.).In the final chapter, pedagogy becomes the main focus. It is a practice, Munzel contends, which determines the conditions under which character is formed (260). Mixed in the appropriate fashion, its elements combine to make "cultivation of moral judgment" the "essence of moral character" (259). Again, Munzel connects character to well-known Kantian doctrines, linking pedagogy to self-mastery (292) and a community of civic-minded citizens (258) in which the good of one promotes the well-being of all (288). In the world according to Kant, reason "grafts" virtue onto the stuff of nature to create an organic unity as—in Munzel's favorite metaphor (see 335-45... (shrink)

The late twentieth and early twenty-first centuries have seen the rise of a new phenomenon - online ordination. It can be accepted that much of this burgeoning industry is a financial scam, but is that the whole story? The very existence of online ordination raises questions. Why do people feel the need for a “minister” to officiate at weddings? If they are sufficiently estranged from the religious sphere that no bona fide minister of religion will marry them, and if (...) secular alternatives are readily available, why make use of this service? This article presents an overview and typology of online ordination services and places them in the context of the development of religion in contemporary society, and the development of society itself. (shrink)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing the expression of (...) thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...) by explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (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 the beginning was the word, or grunt, or groan, or signal of some sort. This, however, hardly qualifies as an information revolution, at least in any standard technological sense. Nature is replete with meaningful signs, and we must imagine that our early ancestors noticed natural patterns that helped to determine when to sow and when to reap, which animal tracks to follow, what to eat, and so forth. Spoken words at first must have been meaningful in some similar (...) sense. But in time the word became flesh (corpus) and dwelt among us, as "inscription" (literally, to put into writing) inaugurated the dawn of human history. This did not happen instantly. One place to enter the story is with clay tokens to represent trade transactions that in time became accounting tablets and, then, the world's first literature (Enmerkar and the Lord of Aratta, The Epic of Gilgamesh, etc.) and codes of law (The Codes of Ur-Nammu, Lipit-Ishtar, Hammurabi, and so forth.) This event happened around the north shore of the Persian Gulf sometime in the 4th millennium BCE and was enshrouded in mystery as the role of the scribe trained in the art of inscribing and deciphering signs belonged to the priest (Deibert 1997). With the sanction of religion, writing gave birth to "civility" (literally, life in the city) and defined the line between "history" and "pre-history," the latter being a term designating everything that happened before. There is little doubt that the invention of writing was significant and that it deserves recognition as the first revolution in the history of information. Life as we live it today would have been impossible otherwise. Innovations in writing technologies happened with significant effects, but at various points in the history of information, changes in technology were so dramatic that they reshaped the course of human history in radical ways. The revolution in printing is well-studied; the invention of the printing press and movable type (c.. (shrink)

The issue of gender is one of the important indicators for understanding religious interpretations at the individual and social levels. One of the responsible institutions in shaping the gender approach in Turkey are the Faculty of Theologies. The majority of the students who are studying in theology faculties and who will take part in the religious services of the society after completing their education are women. It is clear that the religion and gender understanding of female students of theology (...) faculties will have various levels of influence on the religious and social life of women and men in society, now and in the future. This article, which is studied with a qualitative research method, focuses on the religious and gender understanding of female students of theology faculty. The most basic conclusion reached in this article; the female students of the faculty of theology do not have a homogeneous understanding of religion and gender, they have traditional and modern approaches together. The students are mentally inconsistent and indecisive about many issues related to gender.Summary: Gender perceptions are One of the areas that have changed rapidly with the modernization processes. The issues concerning gender and religion recently have become a matter which is the subject of intense debate in Turkey. Theology faculties also take part as a party to the debates and tensions about gender and religion. This study focuses on the gender and religious understanding of the female students of the Faculty of Theology and to examine the intellectual and material factors that nurture them. The scope of the study was limited to Dicle University Theology Faculty female students. The data of the study was obtained by the qualitative research method. In this article, which takes the religion and gender understanding of female students of Theology Faculty as the main problem; the ontological value of women, the authority of men over women, the paid work and management of women in the public, the change of the Shari'ah provisions on gender with social change, the beating of women and the themes formed in this context are examined.The religious and social status of women in Muslim societies was not shaped by the Qur'an or practices of the Prophet, but by the discourse created by hadith narrations and the influence of economic and political conditions. The development of this discourse was also influenced by the image of the ‘seductive’ Eve and the patriarchal culture of Mesopotamia, which were inherited from the Jewish and Christian tradition.Women's social position within the traditional society structure was legitimized by religious traditions, some of which date back to pre-Islamic times, and by the contribution of the rising jurisprudence and ascetic movements in the historical process and has resisted change for centuries.Nearly all of the female students of the Faculty of theology consider that there is no difference between men and women ontologically in the context of the value that Allah gives to both sexes.According to them, the physical and emotional naivety of women cannot be interpreted as the ontological worthlessness of women or as their lack of intellect and religion.About half of female students think the final decision in the family should not always be in the male.According to them The Prophet's practices on this subject are a very important example. In some cases, he consulted his wives and followed their suggestions. Therefore, narrations that trivialize the thoughts and demands of women in the family have cultural and not religious influences.All female students think that women can work outside the home on a paid basis. Moreover, according to the vast majority of female students, women can be managers in the public sector. The students who are in this view think that the narrations stating that the woman cannot be a manager in the public can be ignored for reasonable reasons. About one-third of female students think that the Shari'a provisions in Islamic law regarding women and family may be able to changed with new jurisprudence, while one-third think that some of them may be able to changed with the change of social conditions. Another view shared by nearly a third of students is that Sharia provisions on gender will not be changed over time. Nearly two-thirds of the female students in the research sample do not approve of beating women under any circumstances. A third of female students think that a woman can be beaten if she disobeys her husband. Some of them are confused about how to interpret the verse about the beating of women.It is unthinkable that the Faculties of Theology, which cannot be an actor of religious social change, stay away from the wind of change of a rapidly modernizing society. The rapid flow of time of change on the one hand, and the absence of a tradition or strategy of the Faculties of Theology on the other, resulted in the Faculties of Theology becoming the object of social change in many contexts. This situation made the Faculty of Theology's understanding of religion hybrid, fragmented and unstable between traditional and modern approaches and quite open to the effect of political conjuncture. In this context, although the understanding of gender in theological faculties is not at the same level in all, it can be said that traditional understandings are in the form of a softened form in favor of modernity.The students of the Faculty of Theology at Dicle University are mostly grown up in the Eastern and Southeastern Anatolia regions and are generally members of the lower-middle societies. In most of the female students who come from a social structure where the social status of women is quite low and girls are regarded as worthless compared to boys, an awareness be formed about the social position of women during the education of the Faculty of Theology. Through the study of the Faculty of theology, female students realize that religion is not responsible for the otherized position of women, but for religionized traditions. Two main factors determining the gender understanding of women students of the Faculty of theology can be mentioned. These can be roughly categorized as the main sources of religion and their interpretation by denominations, as well as the socio-cultural habitats of the students and their individual experiences. On the subject of gender, there is a tension between verse, Hadith and their interpretations made by sects and the values and norms of modernity internalized by female students. At Dicle University Faculty of Theology, it is not possible to talk about a learning system and intellectual accumulation that would allow to overcome this tension. This causes mental and emotional bifurcation in female students and leads them to become caught up in a vortex between religious and social reality on many issues. An important consequence of this is the lack of updated religious norms to guide them in many issues that have emerged as an alternative to religious beliefs and practices in the context of gender and have become established values and have common practices in modern life, and have led them to modern secular tendencies and this leads to an internal secularization. The lack of updated religious norms to guide female students in many subjects that are widely practiced in Modern life leads them to modern secular tendencies, which lead to an insider secularization. The fact that female students are mostly traditional in discourse but modern in action on gender and religion makes this situation testable. (shrink)

The latest discussions about civil society have been reconsidering the globalization processes, and the theoretical discourse has been broadened to include the notion of the global civil society. The notion and the practice of a civil society are being globalized in a way that reflects the empirical processes of inter-connecting societies and of shaping a world society. From the normative-mobilizing perspective, civil society activists and theoreticians stress the need to defend the world society from the global (...) threat of a nuclear war, environmental catastrophes, crime and violence, domination of world powers over the fate of individual countries and societies, i.e. the need to oppose the tendency of “power policy” on the world level, and to defend the autonomy of the society as one compatible primarily with the expansion of policies based on the rule of law worldwide, and incompatible with the policy of force, state reasons, and domination of world power-centers. The globalization processes result in a conflicting and/or assimilative crossing of civilizations and cultures, as well as controversial tendencies of, on one hand, attempts for the introduction of international political institutions and the adoption of international conventions for human rights’ protection, for the defense of democratic values, for combating terrorism and segregation on various grounds, thus leading to a global standardization of the human-rights culture and of democratic political and legal order, and on the other, of rising xenophobia, particularization and ethno nationalism, civil wars, ecological threats, global terrorism, threat of hunger problem, nuclear war, new disease, etc. Contemporary victory of liberal and democratic values is the positive reach, but followed by the contested issue of sovereignty, urban decay, racism, ethnic cleansing, xenophobia, failing political legitimacy , and followed at the world scale by: global injustice, poverty, environmental dangers, mass and deadly diseases, oppression of minority groups, relentless growth of population, political and economic power great asymmetries, terrorism at the global scale, threat of a nuclear disaster, etc. Global civil society has three dimensions: 1) empirical phenomena of globalized social relations, interconnections, 2) mobilizing, formative force of the project/vision, and 3) social actors at the global/transnational level. The anti-globalization movement is an effort to counter perceive negative aspects of the current process of globalization. Although adherents of the movement often work in concert, the movement itself is heterogeneous and includes diverse, sometimes opposing, understandings of this process, alternative visions, strategies and tactics. Thus, more nuanced terms include anti-capitalist/anti-corporate alternative globalization. Participants may use the positive terms such as ‘global justice’ or ‘fair trade movement’; or ‘Global Justice and Solidarity Movement’; or ‘Movement of Movements’; or simply ‘The Movement’; or ‘anticorporatist capitalism movement’. Generally speaking, anti-globalization movement is not so much an opposition to globalization as such than an opposition to the particular way it is taking place – like neoliberal process of globalization. In that sense, many representatives of the Movement prefer to be called altermondialism. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the (...) natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Spinoza, Liberalism, and the Question of Jewish Identity by Steven B. SmithSteven NadlerSteven B. Smith. Spinoza, Liberalism, and the Question of Jewish Identity. New Haven: Yale University Press, 1997. Pp. xvii + 270. Cloth, $30.00.Steven B. Smith’s aim in this elegant, well-written book is to restore Spinoza to his important and rightful place in the history of political and religious thought. At the heart of the book (...) is a discussion of the central themes of the Theological-Political Treatise, with a good deal of attention given both to Spinoza’s other writings and to other political thinkers such as Machiavelli and Hobbes, as well as to the immediate historical situation in the mid-seventeenth-century Dutch Republic. But this is more than just a commentary on a work that for a long time has largely (and unjustly) been ignored by philosophers. Smith has a full appreciation of the radical nature of the Treatise, and uses it to bring out what is peculiarly fascinating about Spinoza’s religious and political ideas.According to Smith, it was Spinoza who first made the “Jewish Question”—the problem of how the Jews, after centuries of separation and ghettoization, can be granted admission to, and even assimilation into, the modern polity—central to reflection on the “theological-political problem,” that is, the problem of the place and role of religion in the state. Smith sees Spinoza’s solution to both problems in the process of secularization. Jews must, in order to become an integrated part of modern society, shed their ancient, traditional identity; Judaism has to be transformed from “an authoritative body of revealed law into what today would be called a modern secular identity” (xiii). The allegiance of Jews must be transferred from the Law to laws, from a life of halakhic (or Jewish legal) ritual to a life focussed on nonsectarian, civil and social duties. Particularism—and this would be true of all historical religious identities that will, ideally, be absorbed into the modern state—must be exchanged for universalism.Smith shows how Spinoza’s thinking on the Jewish question is intimately bound up with his particular political philosophy. He argues, in fact, that the Treatise represents the “first and most profound expression of the Jewish-liberal symbiosis that has survived to the present.” For the kind of polity that will make Jewish emancipation possible and foster the emergence of a modern, secular, nonparticularistic Jewish identity is the democratic, liberal state. But if liberalism, through its offer of toleration and participation, nourishes modern Judaism, it is no less true, Smith claims, that it has taken its own sustenance from Jewish traditions. Rabbinic Judaism, with its emphasis on law, has long served as a model for classical liberal thought.Spinoza himself is, in Smith’s eyes (although Smith is certainly not the first to suggest this) the “prototype” of the modern emancipated Jew, liberated from (and even critical of) religious tradition and authority. He is, in other words, the first “secular Jew.” Amsterdam, meanwhile, with its linked traditions of toleration and commerce, is the prototype of the modern, liberal society, one that both offers the conditions for Jewish emancipation and is ever vigilant against interference from ambitious religious authorities. Smith does not really take note of the fact that Dutch society in the Golden Age, with its rigid system of regent families controlling the all-important municipal governments, was far from democratic. And it seems to me misleading to speak of Spinoza as a “secular Jew.” Spinoza seems to have liberated himself—with a [End Page 321] little help from his congregation’s rabbis—not only from an orthodox conformity to Jewish traditions, but from any sense of Jewish identity whatsoever. Perhaps it might be more accurate to call Spinoza the “first secular citizen.”One of the more contentious claims of Smith’s book is his insistence that Spinoza’s Treatise contains an esoteric dimension, an intentionally hidden doctrine that only the most careful readers could ascertain. Part of the defense of this Straussian model is the identification of “deliberate contradictions” in the text. I, for one, do not see any esoteric doctrines in the Treatise; nor... (shrink)

_Making Sense of Tantric Buddhism_ fundamentally rethinks the nature of the transgressive theories and practices of the Buddhist Tantric traditions, challenging the notion that the Tantras were "marginal" or primitive and situating them instead--both ideologically and institutionally--within larger trends in mainstream Buddhist and Indian culture. Critically surveying prior scholarship, Wedemeyer exposes the fallacies of attributing Tantric transgression to either the passions of lusty monks, primitive tribal rites, or slavish imitation of Saiva traditions. Through comparative analysis of modern historical narratives--that (...) depict Tantrism as a degenerate form of Buddhism, a primal religious undercurrent, or medieval ritualism--he likewise demonstrates these to be stock patterns in the European historical imagination. Through close analysis of primary sources, Wedemeyer reveals the lived world of Tantric Buddhism as largely continuous with the Indian religious mainstream and deploys contemporary methods of semiotic and structural analysis to make sense of its seemingly repellent and immoral injunctions. Innovative, semiological readings of the influential _Guhyasamaja Tantra_ underscore the text's overriding concern with purity, pollution, and transcendent insight--issues shared by all Indic religions--and a large-scale, quantitative study of Tantric literature shows its radical antinomianism to be a highly managed ritual observance restricted to a sacerdotal elite. These insights into Tantric scripture and ritual clarify the continuities between South Asian Tantrism and broader currents in Indian religion, illustrating how thoroughly these "radical" communities were integrated into the intellectual, institutional, and social structures of South Asian Buddhism. (shrink)

_Making Sense of Tantric Buddhism_ fundamentally rethinks the nature of the transgressive theories and practices of the Buddhist Tantric traditions, challenging the notion that the Tantras were "marginal" or primitive and situating them instead -- both ideologically and institutionally -- within larger trends in mainstream Buddhist and Indian culture. Critically surveying prior scholarship, Wedemeyer exposes the fallacies of attributing Tantric transgression to either the passions of lusty monks, primitive tribal rites, or slavish imitation of Saiva traditions. Through comparative analysis (...) of modern historical narratives -- that depict Tantrism as a degenerate form of Buddhism, a primal religious undercurrent, or medieval ritualism -- he likewise demonstrates these to be stock patterns in the European historical imagination. Through close analysis of primary sources, Wedemeyer reveals the lived world of Tantric Buddhism as largely continuous with the Indian religious mainstream and deploys contemporary methods of semiotic and structural analysis to make sense of its seemingly repellent and immoral injunctions. Innovative, semiological readings of the influential _Guhyasamaja Tantra_ underscore the text's overriding concern with purity, pollution, and transcendent insight -- issues shared by all Indic religions -- and a large-scale, quantitative study of Tantric literature shows its radical antinomianism to be a highly managed ritual observance restricted to a sacerdotal elite. These insights into Tantric scripture and ritual clarify the continuities between South Asian Tantrism and broader currents in Indian religion, illustrating how thoroughly these "radical" communities were integrated into the intellectual, institutional, and social structures of South Asian Buddhism. (shrink)

This article rejects the claim that human beings are religious by nature. This rejection is controversial. It is always said by catholic and protestant philosophers and theologians that human beings are religious by nature. Schleiermacher holds that the feeling of absolute dependence does not define religion, but it is the defining characteristic that makes a certain phenomenon a religiousone. This defining characteristic is borrowed from christian faith in the one God the creator. I raise two questions: 1. how does (...) Schleiermacher judge non-monotheistic religions in which the feeling of absolute dependence is vague 2. how does he judge non-believers who reject religion? As far as the first question is concerned Schleiermacher broadens his conception of religion in such a way that non-monotheistic religions are included. In fact he says that such people should become religious in the sense of having a pure feeling of absolute dependence. Factually, they have not. That is why in my opinion the feeling of absolute dependence is too limited to serve as a general denominator for religions. With regard to the second question Schleiermacher calls the relatedness of the sensible consciousness to the higher self-consciousness, the feeling of absolute dependence, the consummating point of the self-consciousness. In other words: unbelief is a disturbance in the development of the person. If one holds that view, those who are indifferent to religion cannot be equal partners in public discussion. The generic view of religion does not do justice to the unbeliever. He or she is considered as a prodigal son or daughter. Can these two objections of the generic conception of religion be met? Wilfred Cantwell Smith and Paul Tillich can meet the first one. They enlarge the defining characteristic of religion and consider it as faith or ultimate concern. My second objection can hardly be met. Tillich and John Smith tried by means of the conception of ‘quasi-religion’. I have my reservations and agree, that in Tillich and in John Smith secular worldviews are reduced to a form of wrong religiosity or are labelled as nihilism. A generic view of religion is of little or no use for public debate in the contemporary secular culture. With Schleiermacher I hold that religion is an irreducible given and not merely a coincidence. In the interest of a peaceful coexistence in a pluralistic society one needs to seek a generic element to which all people can agree. That generic element is worldview. I mean worldview as an anthropological category. It expresses the integrating and unifying character of our experience. All people have such a worldview as human beings. What worldview – marxism, humanism or a fragmented general worldview – they actually have is a contingent matter. When I substitute the claim that worldview is generic for the generic conception of religion, I do not mean that it is a matter of indifference as to whether one has a religious or a secular worldview. That is why, finally, something needs to be said about further justification of religion. Following Schleiermacher this does not consist of proofs of God or of historical arguments. It concerns the explication of the rationality of faith experience. For a peaceful coexistence between people with different worldviews, mutual dialogue is indispensable. (shrink)

Cope, Michael Currently in the United States there are 22 bills in 11 states making it easier for people to demand exemptions to generally applicable laws by allowing lawsuits challenging laws or policy that someone says substantially burdens their religious belief. Inherent in these laws is the proposition that people who hold religious views are entitled to make others conform to those views and that those who do not confirm are not entitled to equal treatment with others.

After the death of Prophet Muhammad (p.b.u.h), one of the most significant debated topics of Muslims was the institution of caliphate. This institution caused crucial argumentations through the ages from Abu Bakr to Abd-al-Majid who was the hundreth khalifa. Some prominent issues in that regard as follows: How khalifa comes to power, who becomes khalifa, whether he is descended from Quraysh or not, which kind of traits khalifa should have, and how khalifa should behave in certain circumstances. While these arguments (...) were going on, caliphate was maintained based on the reign under some certain dynasties’ responsibilities after the Rashidun (rightly guided) Caliphs. Umayyads, Abbasids and Ottoman Dynasties were the most well-known ones of these dynasties. Throughout history, even though caliphate passed in one another’s hands among aforementioned dynasties, none of them did attempt to abolish this position. However, Turkish Muslims who became defeated with European occupation of non-western territories decided to abolish caliphate for the sake of modernization activities within the period of transition from imperialism to nation state. This decision brought about a trauma, which was much more critical than former argumentation around the position in Muslim world. Many congresses were organized in Islamic world in order to recover from this trauma. While this kind of quests were continuing, Muhammad Hamīdullah proposed “High Caliphate Council” in relation to rearrangement of caliphate in accordance with the conditions of Islamic countries. This proposal offers an applicable model to today’s modern nation states by establishing unity among them and leaving aside their conflicts and differences. This proposal offers a resolution of much-discussed matters of the position within the limits of principals. It also draws attention by showing a possibility of Islamic union in contemporary Islamic thought. Summary: The matters of who undertakes the management of societies, how rulers come to power and in what manners the rulers maintain the management have been discussed throughout history. It is seen that rulers adopted kingdom as regime before the period of the Prophet Muhammad (p.b.u.h). There was also two-person management. The discussions about this matter were also seen around khalifas who were the rulers of Muslims after the death of Prophet Muhammad (p.b.u.h). Some debated issues in that regards as follows: Who becomes khalifa, how he is elected, which traits he should possess, and so on. Caliphate continued its existence despite the discussions until the first quarter of the 14th Hijra era. Abolition of caliphate was a trauma for Muslims undoubtedly. From Anatolia to Egypt and from India to the Balkans, many attempts were carried out to recover from this trauma. However, this matter was oversimplified in the conditions of that period since it became a topic which was hushed over in just congresses and conventions. One of the people who wrote on this topic, which maintains its vitality even today was Muhammad Hamīdullah. He was an important Islamic scholar, a lawyer and a historian in Indian geography. Hamīdullah did deal caliphate by indicating its history broadly. The distinctive feature of Hamīdullah from others who wrote on this topic is that he also presented a considerable offer to solve the matter. In this sense, Hamīdullah experienced the trauma in his own life as all muslims did it with the abolition of caliphate. Hence he mentioned this matter in his writings in the mood of care and dignity of a scientist and also in feeling of a heartbroken muslim. Hamīdullah made clear that the method of election of the ruler differed throughout history. Indeed, the verses of Holy Qur’ān, the applications of the Prophet Muhammad (p.b.u.h) and the differences of Four Great Chaliphs on coming to power testified this claim. According to Hamīdullah, it is quite normal that the method of regime can vary according to the conditions of societies. He recommended acting based on timeless rules rather than the changes that vary according to conditions and places. He also stated that the regime which Islam approves is a combination of kingdom and democracy in his lines dealing with methods of regime. To him, kingdom is the method of regime of empire. Empire is the regime in which various nationalities live together with all their differences and interact with one another intensely and in which the rulers rule over wide borders. On the other hand, Islamic world lost its edges of empire, changed its regime and divided to nation states after the decline of the Ottoman Empire and Mughal Empire which were established by Muslims. On the contrary, westerners attempted to establish a head empire several times after building nation states in Europe. Some of them are UN, NATO, EU, to name but a few. In our opinion, in the transition process of Muslim rulers from empire to nation state, Hamīdullah made an offer to accomodate Islamic law in state law, Islamic politic and administrative principles in politics and administration practices, Islamic education system in education system, and principles of Islamic economics in economic decisions of government using the Prophet Muhammed’s life as a base. He also explained to Muslims that the method of regime can be changed and the essential matter is to apply Islamic management principles in such a new situation. He played a role in clearing the way for Muslims by indicating that the method of Islamic regime can be changed according to conditions but the principles of Islam are unalterable. To the writer of these lines, Hamīdullah intimates that it is not so true to stick to the form of the process in Muslim territories in which a compulsory transition from the empires or multinational social structures to the nation state structures have been experienced for the last two ages. However, the first matter to dwell on should be whether the ruler of the government behaves in accoradance with the principles of Islam or not. To Hamīdullah, the second matter is that even though Muslim countries had to enter in the process of becoming nation states, Muslims should make an effort to establish supra-state associations as required by Islam. In this respect, Hamīdullah’s proposal is “High Caliphate Council”. This council is a considerable offer presented to Muslim countries in the age when a universal caliphate is not possible and Muslims head towards a unified state form all over the world. Today, this offer recommends countries of which great majority is Muslims and in which Muslims are minority to meet on a common ground rather than conflict because of differences among them. The High Caliphate Council is an institute consists of presidents or hereditary administrators as leading and regular members and so it avoids regional competition. It is established by Muslim presidents who shares the chair alternately. Based on this, all Muslim presidents play a role altogether in this council without need to be Sunni, Shia, or from Quraysh. The High Caliphate Council is a reflection of a dream, which started a century and half a century ago but is required more today. It is also a reflection of the discourse of “Islamic Union” in Contemporary Islamic Thought. The Caliphate Council and International Islamic Legists’ Association, which is the first practical step of the council can be seen as the theory of a new world order based on the unity principle of Islam. Hamīdullah does not consider this order not only in the range of belief but also with the aim of institutionalizing ‘ijmā (consensus of Islamic legists) and qiyās(legal analogy). He stated that International Islamic Legists’ Association, which is a scientific institution could not be established beforetime by Muslims spread on three continents due to lacking of communication among them. However, thanks to today’s possibilities, the establishment of such association is easier today. Hamīdullah found dynamic solutions such these two institutions for the realization of caliphate, which is a religious necessity. He marked an era for Muslims in the period of time when they are on a quest. (shrink)

This article aims at examining the limits of change in the field of worship through a study on the origins of the ḥukm[religious ruling] of Shawwāl fasting that is widely practiced in the different parts of Muslim world. The study, firstly, deals with the evolution of the ḥukm of Shawwāl fasting chronologically among four sunnī schools of law, then analyzes the solitary reports on the topic. It concludes that in Mālikīand Ḥanefīschools, the ḥukm of this specific worship changed within the (...) limits of karāha [reprehensibility], ibāha [permissibility], and nadb [recommendation]. This ḥukm was constructed based on solitary reports which later became a paradigmatic source of religious legitimacy in the Ḥanbalīschool beginning with the eponymous Imām and in the Shāfiʿīlong after the founding authorities. It also claims that it is strongly probable that the solitary reports on the topic go back to a deduced opinion in the age of companions, but then reached to a form of prophetic solitary report in the corpus of hadīth reports. Ultimately, this specific worship that has restricted number of fasting was established with the paradigmatic effect of the approach to solitary reports as the only authentic way of transmitting the sunna, even though it is at odds with the fact that this worship had not been implemented in the first two centuries after hijra, i.e. contrary to the established practice [ʿamal]. Summary: The issue of change of rulings in Islamic law comes up frequently on various occasions, and an increasing number of academic studies are trying to determine the characteristics and limits of this change in numerous books, articles and papers. These studies mostly seem to focus on bringing together the arguments that can be compiled under the title of ‘the flexibility of Islamic law in response to the challenges of modernity’. Although the change of rulings in Islamic law is an undeniable fact, reading it only from the lens of the change in Islamic law depending on the requirements of time is an inadequate reading. The change of rulings in Islamic law has different motives; and the change of time, more precisely the change of custom, is only one of them.On the other hand, another issue that comes up in relation to the change of rulings is the claim that this change can only take place in terms of the rulings regulating the interpersonal relations, i.e. muʿāmalāt. In fact, this claim relies on the abovementioned approach that limits the change in Islamic law with the change of custom. Hence, because other two main areas of Islamic law, worships (ʿibādāt) and punishments (ʿuqūbāt) are not open to change through custom, their rulings will not change at all. This article will try to reveal that the change in rulings might reside in a sort of another change emerged in relation to the sources of these rulings, which is a neglected point. Thus, by exposing that the field of worships which is mostly considered as a closed area for change in rulings is actually open to it, this article will examine the limits of this change.For this analysis, the article deals with the fasting of six days in the month of Shawwāl as an example, which is widely practiced in various parts of the Islamic world. The main evidence on which this fasting is based on is a report transmitted in the considerably authentic hadith sources of Ahl al-Sunnah, which reads as follows “Whoever fasts the Ramaḍān and adds six days from Shawwāl, will get reward of the entire year”. This fasting, which is the subject of a great agreement on its ruling as recommended (mustaḥāb) practice today, was actually regarded as reprehensible (makrūh) by the two great eponymous jurists of the first two schools of law in the second Hijrī century, namely Mālik b. Anas and Abū Ḥanīfa. In his al-Muwaṭṭaʾ,Mālik clearly expresses that he did not recognize any scholar who keeps this fast, and that no [authentic] report has reached him on this. The fact that both Mālik b. Anas and Abū Ḥanīfa declared an opinion on the subject shows that this practice started to appear in the first half of the second ḥijrī century as a practice or as a solitary report (khabar al-wāḥid). However, both imāms have stated that such a specific worship would be makrūh. In spite of these very sharp expressions, the schools of law, which were founded by the followers of these two eponymous scholars, abandoned their views and widely accepted Shawwāl fasting as mustaḥāb. This article examines why this sharp change occurred in a worship in the schools of law and in which way it took place.Accordingly, the fundamental motive in this change is a paradigmatic transformation in understanding and identifying the sunna as a source of normativity. Although an agreement was formed on the validity of solitary reports as a source of knowledge in the second ḥijrī century, it was not yet accepted that these narrations are identical to sunna as a source of normativity. For that reason, both Abū Ḥanīfa and Mālik did not hesitate to reject any solitary report that contradicted a stronger evidence. However, as a result of the extraordinary efforts of Ahl al-Ḥadīth, the epistemic value of solitary reports has reached to an authority equating them to the sunna with a very rapid acceleration as of the end of the second century and throughout the third century. This situation led later scholars of schools to abandon the views of the eponymous scholars of these schools on certain topics in favor of certain solitary reports. This was also the process for the change in Shawwāl fasting.This thesis will be put under two headings, a section that tries to determine the periods and processes for the Sunnī schools of law in considering this fasting as mustaḥāb; and another section that provides an evaluation of transmitted reports in relation to the Shawwāl fasting. Accordingly, in the Mālikī and Ḥanafī schools, due to the effect of the reports, the ruling of Shawwāl fasting has been transformed from makrūh into the mustaḥāb as a result of the interpretational activities that started in the fourth ḥijrī century. Shawwāl fasting was accepted as mustaḥāb in the Shāfiʿī school, although there was no transmitted opinion on the subject from the founding imāms, in the fifth ḥijrī century; and in the Ḥanbalī school directly by the founding imām Aḥmad b. Ḥanbal, whose main aim was to follow a concept of religion that puts the transmitted reports at the center. When the reports on the subject are examined, it demonstrates that the mustaḥāb ruling is mainly rooted in a report by Saʿd b. Saʿīd transmitted in the famous hadīth compilations including Muslim’s Ṣaḥīḥ.Yet, this report was criticized in its both chain and text. Combining the facts that the same report with the same chain was also transmitted as the words of the companion in some sources and the verse that declares good deed will be rewarded ten times higher than what it deserves will make the following explanation a valid one: As Mālik put it such a fasting practice was commonly unknown to the Muslim society in the first two centuries after the ḥijra. Sometime after the death of the Prophet, an inference was made probably by a companion(s) as that it would be a good deed if someone who fasted an entire month already and got used to the fasting to fast six more days in order to get a reward of fasting for the entire year according to the verse that rewards good deeds with ten times higher. Since it is a recommended practice in essence, i.e. fasting for the sake of Allah, this inference transformed into a report and easily passed through the filters of hadīth scholars who are linked to a sort of piety promoting worships among people. After the solitary reports gained an authority to the extent that they can rarely be challenged, the followers of later schools of law preferred to get in a process of re-interpreting the opinions of their imāms in order either to reconcile them with the content of report, or at least to show why these imāms actually spoke against this fasting. Eventually, the later scholars of madhhab decided for the standard opinion of the madhhab depending on the reports in favor of the Shawwāl fasting rather than following their eponymous imāms. (shrink)

The emphasis that the modernity gives to disengagement and beginning leads one to think that the modernity itself is in fact a culture that initiares crisis. Even if there is no initial crisis, it can be created through the ambivalent nature of modernity. Behind the concept of crisis lies the notion that history is a continuous process or movement that opens the door to nihilistic understanding which stems from the idea of contemporary life and thought alienation through the pessimistic (...) meaning of the word. There is a dialectical relationship between the ideas of modernity and progress, and the decadence, and the main theme of Nietzsche's philosophical career. Since the death of Hegel, who made the idea of crisis plausible, everything is nothing but a counter-movement not only in Germany, but also in Europe. The first of these counter-movements is romanticism with its objection to the mind which is liberated from the bonds of tradition. The main thesis of the present article is, between reactiveness of romanticism -on the surface- and the modernity; from one side romanticism's consuming modernity, which is its mirror image, while at the same time feeding from it and modernity's manipulating the ideas developed against it and monopolizing them thanks to its ambivalent nature. For this purpose, following an an anti-enlightenment thinker Nietzsche's, anti-romantic footsteps which at the same time feeds from the romantic heritage, an attempt will be made to analyze the relationship between modernity and romanticism. Another goal of this article is to allow a comparison of how the intellectual development in the West finds its response on the modernization process of our country by probing how the modernization experience of early period Islamist's who experienced this process in a feeling of "backwardness" and with a wounded consciousness and anxiety has led to a shallow romantic worldview. SummaryRomance and romanticism are the main topics of this article. Romanticism is a period, whereas romance is a spiritual attitude not limited to this period, therefore, even today it’s existence is felt. In other words, it is not specific to the Germans. This term is often used to correspond to certain aspects of European intellectual life in the late eighteenth and early nineteenth centuries, for instance between 1790 and 1850. In its extremely diverse definitions, the most "romantic" definition in our opinion, belongs to Novalis: “I'm romanticizing by giving a high meaning to ordinary things, a mysterious reputation to the ordinary, the honor of the unknown to the known, an infinite look to the finite.” The rejection of existing social reality, the experience of loss, the melancholic longing and the search for loss are the main components of the romantic motive. This study is based on the argument that there is a dialectical relation between romanticism and modernity, which is known as an opposing movement against enlightenment thought. The intellectual feature, which contains the opposite of modernity itself, makes this argument plausible. In addition, the view of modernity as a crisis culture due to the emphasis on disengament and beginnings offers us the possibility to establish a relationship between modernity, which accepts itself as decadence, and romance. Behind the concept of crisis lies the idea that history is a continuous process or movement opening the door to the nihilist understanding in which modern life and thought are alienated in a pessimistic sense. Thus, Allan Megill defines historicism as a prerequisite for nihilism. According to the author, Prophets of Extremity, if the history has no direction to be changed, maintained or lost when wandering in history, it also cannot have a "crisis". The suggestion of "God is dead" is the most concise expression of this crisis. In this crisis state of nihilism, it is a completely forlorn condition of living in the present. Today, which is in the absolute forlorn state; the savior declares his belief that he is devoid of all sorts of features, things that let us reconcile with the current situation of things. In the face of this situation, when people see that the present becomes completely forlorn, they move in two opposite directions with a desire to regenerate culturally: They either have to go back to the past or head for the future. However, every attempt to determine what the future or the past posess will require them to be real, belonging to the present. This will return us to the forlorn state. Nietzsche embraces both opposing sides, but does not attempts choose between them. This is the place where Nietzsche dictates that today is corrupt taking a radical attitude against romanticism fed by the notion of crisis. The fact that modernity has given up its critique of reason, which is revealed by its dialectic, had a great influence on Nietzsche's putting distance between himself and romantics. That is to say, in response to enlightened thought, although romantics speak of unity, apparently, they could not prevent emergence of emotion against mind, local against the universal, individual against social, in other words, the emergence of the second values, which they believed that these were belittled and despised by Enlightenment. Therefore, romantics seem like they could not save themselves from being caught in the web of dialectics in the account they entered that is based on the subject-object distinction in cartesian thought. It is because modernity acts with the consciousness that the life is established on the occurrence and decadence. Based on this, we can say that decadence is inevitable. This decadence (distortion) from the outside may be through movements developed against it, or experienced within itself (even if no one attempts to destroy it). Modernity, with the awareness that it cannot escape from the decadence, wants to arbitrate itself by turning this decadence in its favor by manipulating it. In other words, the modernity dramatizes the feeling of crisis considering itself decadence and the seemingly contradictory ideas of avant-garde and decadence become almost synonymous. It must be the reason why Nietzsche identifies modernity with decadence Modernity manages to put the decadence in its body at the center of attraction by producing self-opposing movements, monopolizing and manipulating. In short, both romanticism and avant-garde movements are the movements that are emerged not against modernity but from itself. Just like an apple worm, they both consume modernity and feed on it. They act as a mirror. Although they seem to criticize, as movements that have emerged from it, they allow the modernity to complete and correct the deficiencies. As a result of this, we can say that romantic critical movements are developed against the world and are shaped by modernity, beginning with the idea of enlightenment, and moved forward in the track of modernity.While romanticism developed in the West as opposed to modernity, in Ottoman-Turkish thought, it was seen as the rhetoric of retardation and regretting of backwardness from civilization. It is inevitable that the experience of modernization in a sense of backwardness, with a wounded consciousness and urgency, will open up space for romance. In our modernization adventure starting with Tanzimat, it is a fact that there has not been a drastic reckoning due to Enlightenment on an intellectual basis, industrialization on an economic basis, programs of revolutionary and nationalist formations on a political basis. Therefore, in Turkish thought, it is not possible to talk about a critical tradition developed against modern paradigm. The status of being audience to what was being experienced in Europe, resulting from superiority was transformed into grudge due to the defeats in the military field. Due to the decadence experienced in the present, inability to find the solution to the problems of its age, melancholic state of mind because of being stuck in the golden age experienced in the past, in the case of a preference, led to a romantic world view because of the appeal of its simplicity to imitate what was once lived in the past. Thus, it is very natural that the direction of Namık Kemal, the cult personality of Islamist-Turkish thought, is towards the past even when talking about progress and civilization. Seeing the 19th century Europe as a re-implementation of ideas and institutions that are actually Islamic, Namık Kemal, in our opinion, showed us a clear example of a typical Islamist romanticism and an example of occidentalist approach regarding that the West learned the civilization from Muslims. In fact, the exact equivalent of this approach displayed in Turkish cogito without even knowing that it is romantic, emerging in the personality of Namık Kemal and in the feeling of backwardness,with a hectic and injured consciousness, is kitschization. So much so that, the state of being kitsch also explains the current situation of Islamic geography which is far from creating a tradition for at least a century, and it clearly tells the usual romantic end. (shrink)

Does Civilization Need Religion? sets out from the fact that religion's inability to make its ethical and social resources available for the solution of the moral problems of modern civilization is one, and the neglected one, of the two chief causes responsible for its debilitated condition. It is convinced that if Christian idealists are to make religion socially effective they will be forced to detach themselves from the dominant secular desires of the nations as well as (...) from the greed of economic groups. It aims to show that though neither the orthodox nor the modern wing of the Christian Church seems capable of initiating a genuine revival which will evolve a morality capable of challenging and maintaining itself against the dominant desires of modern civilization's needs, there are resources in the Christian religion which make it the inevitable basis of any spiritual regeneration of Western civilization. Does Civilization Need Religion? maintains that the task of redeeming Western society rests in a peculiar sense upon Christianity, which has reduced the eternal conflict between self-assertion and self-denial to the paradox of self-assertion through self-denial and made the Cross the symbol of life's highest achievement. It is persuaded that the idea of a potent but yet suffering divine ideal which is defeated by the world but gains its victory in the defeat must continue to remain basic in any morally creative worldview. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, (...) André Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

The article defines the nature of the Russian war against Ukraine in the context of social and state transformations of the 20th — 21st centuries. It is emphasized that this is a war of different worlds, mentalities, worldviews, ways of life, values, etc., which has been going on for many centuries in various forms (direct and mediated, open and veiled, hot and cold). The role of the religious-legal factor in the Russian war against Ukraine at various stages of Ukrainian (...) state formation (periods of the Ukrainian People’s Republic, Soviet, modern) is revealed. It is emphasized that it was during the time of the Ukrainian People’s Republic that the legal basis for the organization of the Ukrainian Local Orthodox Church, confessional differentiation and the establishment of freedom of conscience and interconfessional tolerance in Ukrainian society was created. Emphasized attention is paid to the fact that in the Soviet period, the Russian war against Ukraine continued in a new, veiled, hidden, invisible (at first glance) form with the active use of the religious factor. The results of this period have been determined, namely: rampant militant/ scientific atheism, radical extermination, Russification of Ukrainian Orthodoxy, liquidation of the Ukrainian Autocephalous Orthodox Church and the Ukrainian Greek Catholic Church, etc. Special attention is paid to the Soviet secular/political religion (Marxism-Leninism) as a key basis for the implementation of an aggressive policy regarding the historical memory and cultural identity of the Ukrainian people and a manipulative tool for the destruction of Ukrainian history, culture, worldview, nation, state and law in the information, hybrid, total, full-scale and other Russia’s wars against Ukraine. The article substantiates that improved legislation with an effective legal mechanism for its implementation, a strong civil society with developed institutions, including the institution of religion (church), adequate guarantees of religious rights and freedoms are important factors in ensuring state, national, religious security and victory of Ukraine (at the current stage) in the war waged against it by the Russian Federation. (shrink)

This paper considers the relationship between women, religion and the Australian state via an examination of federal anti-discrimination law. Much of the social research into religion-state relations over the last ten years, particularly with the rise of neo-liberalism, demonstrates that religious groups and ideas are actively involved in public debate, policy formation and implementation. While this has been examined by some scholars in social policy, particularly education, there has been little research on the relationship between women’s (...) rights and post-secular politics. This essay will address this gap by firstly locating women’s rights in the context of global forms of neo-liberalism and specifically by examining Australian federal anti-discrimination legislation, which seeks to protect religious freedom by allowing religious groups general exemption from adhering to non-discriminatory employment and training protocols. It is argued via evidence, that such exemptions are premised on the treatment of women as other to masculine norms. (shrink)

The article considers Jürgen Habermas's views on the relationship between postmetaphysical philosophy and religion. It outlines Habermas's shift from his earlier, apparently dismissive attitude towards religion to his presently more receptive stance. This more receptive stance is evident in his recent emphasis on critical engagement with the semantic contents of religion and may be characterized by two interrelated theses: the view that religious contributions should be included in political deliberations in the informally organized public spheres of (...) class='Hi'>contemporary democracies, though translated into a secular language for the purposes of legislation and formal decision making and the view that postmetaphysical philosophy should seek to salvage the semantic contents of religious traditions in order to supply the evocative images, exemplary figures, and inspirational narratives it needs for its social and political projects. With regard to, it argues that the translation requirement impairs the political autonomy of religious believers and other metaphysically inclined citizens, suggesting that this difficulty could be alleviated by making a distinction between epistemologically authoritarian and non-authoritarian religious beliefs. With regard to, it argues that the salvaging operation is not as straightforward as Habermas seems to suppose and that social and political philosophy may not be able to tap the semantic power of religious traditions without relying on metaphysical assumptions; it concludes that, here, too, a distinction between authoritarian and non-authoritarian approaches to knowledge and validity may be useful. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Otherwise than Laïcité? Toward an Agonistic Secularism in LevinasMark Cauchi (bio)Levinas and SecularismAlong with the so-called “return of the religious” in contemporary Western philosophy and politics, there has been a renewed effort in recent years to rethink secularism, the political doctrine of the separation of religion and politics.1 It would not be difficult to show that Emmanuel Levinas has been a substantial force in the resurgence of (...) interest in religion among philosophers, but his impact on thinking about secularism is less evident. Part of the reason for this uncertainty, and part of the reason it is not taken up by scholars, is doubtless the fact that Levinas’s conception of secularism is difficult to discern.2 Although he often discusses religion, politics, and even their relationship, he rarely addresses the question of secularism directly. He certainly uses the term laïcité, and, especially in Difficult Freedom, often discusses both the place of Judaism in secular society and what he calls the “Christian atmosphere” of modernity, but he never articulates, either here or elsewhere, a complete account of the concept.In addition to the paucity of Levinas’s writings on secularism, a further difficulty is that what Levinas does say about secularism can often seem contradictory and unclear. Consider, for example, his view [End Page 187] of the most basic issue of secularism: the separation of church and state. Is such a separation wholly compatible with Levinas’s thinking? On the one hand, Levinas is unambiguous about his endorsement of the separation. He writes in “How Is Judaism Possible?” (1959) that the separation “is the citadel that protects us [French Jews] against injustice,” and therefore that “we must beware of tampering with it.” And yet, as he will immediately add, the “luminous and incontestable formula” separating church and state must be given “its best content,” as if in its common understanding it does not possess its best meaning (DF 245). This specific double move, where he simultaneously endorses and criticizes the separation of church and state, is indicative of Levinas’s more general attitude from the 1950s onward toward the whole of the standard liberal conception of secularism.What I mean by the latter conception will be fleshed out in the following sections, but it can be defined now, in a preliminary fashion, as the entire liberal enterprise of creating a culturally neutral state and public sphere for the sake of protecting the rights and liberties of the individual citizen. Because the individual citizen is defined as possessing the right to, or liberty of, thought, expression, and association—all of which together, in effect, produce freedom of religion, whether explicitly proclaimed or not—the state and public sphere must be constituted in particular ways to guarantee these liberties; in particular, they must be culturally neutralized so that any citizen, from whichever cultural background, can participate in public institutions without bias and thus without the violation of their liberties. Such neutralization is achieved by the reciprocal move wherein participants in these institutions—that is to say, individual citizens—are not allowed to bring their cultural frameworks with them into the constitutions and operations of these institutions, leading to the so-called privatization of religion.Because Levinas criticizes this model of secularism while seeming to endorse some notion of it, what I would like to do in this essay is to determine what is precisely Levinas’s criticism of secularism and, in addition, what a “Levinasian secularism” might be. My central contention will be that the latter (Levinasian secularism) is not equivalent [End Page 188] to the former (his stated views about secularism). The reason for this discrepancy is that Levinas critiques standard liberal secularism on the basis of his more general philosophy of ethical alterity, but then reinstates liberal secularism (or an unspecified version of it) as the best way to protect institutionally ethical alterity. This double movement raises the question, how can ethical alterity at once be consistent and inconsistent with liberal secularism? The question is naturally related to the much-discussed one about the relation of ethics and politics in Levinas’s thinking. Levinas’s approach to the latter relation is consistently... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feeding Tiger, Finding GodScience, Religion, and "the Better Story" in Life of PiGregory Stephens (bio)Yann Martel's Life of Pi is an allegorical castaway story about a sixteen-year-old Indian polytheist who survives 227 days on a lifeboat with a Bengal tiger. Martel frames this postmodern variant on the Noah's ark tale as "a story that will make you believe in God" (viii). But these words are neither Martel's, nor (...) those of the semifictional "Martel-like" narrator one encounters in the "Author's Note" (Innes 25). Rather, they are voiced by Mr. Adirubasamy, an elderly Indian man whom the Canadian quasi-author meets at a coffee house in Pondicherry. The virtual author, like the real Martel, is the author of two failed books, and looking for a capital-S "Story."1 Yet after tracking down the primary narrator of the novel (Pi Patel) in Toronto, reading his diaries of his Pacific Ocean ordeal, and listening to taped interviews with Pi, the quasi-author agreed with Mr. Adirubasamy that "this was, indeed, a story to make you believe in God" (x).That apparently "evangelical premise" could awaken resistance among readers who take this "explicit but deceptive statement" too literally (Ishmael). As one reviewer notes, "Martel's statement is likely to have the opposite effect on his reader, provoking a determined counter-reaction not to succumb to a didactic religious agenda."2 Although the novel has its didactic moments, most reviewers seem to have taken a measured view of the author's "religious agenda." In interviews, Martel notes that he comes from a secular background in Quebec. There are no indications that writing this book represented a Damascus conversion experience for him. Life of Pi is not a conversion narrative perse, but it is in part an ascent narrative (a journey toward enlightenment) that also contains elements of descent narratives.3 As a secular writer with sympathies for the religious imagination, Martel can pitch his revisioning of comparative religion to readers who have what Salman Rushdie once called a "God-shaped hole" in their heart.4 These "implied readers" (Iser) would have a hunger for some of the animating power of faith, if not a capacity for blind commitment to dogmatic faith itself.Reviewing Life of Pi for the Nation, Charlotte Innes describes it as "a religious book that makes sense to a nonreligious person" (25). In similar fashion, the Pequod argues that Martel's book "achieves something more quietly spectacular" than a literal conversion, or a restoring of one's faith in God: "it makes the reader want to believe in God. Martel gives the reader the democratic choice: the desire to believe rather than the belief itself" (Ishmael).Those responses of the secular left contrast sharply with the responses of my first-year students at the University of the West Indies, to whom I have twice taught Life of Pi. For students from a fundamentalist background, it is a challenge to buy into a narrative [End Page 41] that proclaims a God that transcends the imaginations of most believers in the three faiths in which the young Pi has been trained (Hinduism, Christianity, and Islam). In analyzing the theme of finding God, I position the text at a midway point between two different kinds of reception: secular readers for whom the notion of religious belief is at best metaphorical, and religious readers who may resist the narrative's conceit that the true God exists outside the confines of institutional religion.Life of Pi is suffused by a pervasive liminality.5 The teenaged Pi is in motion between continents, between faiths, and between childhood and adulthood, which means that the novel is also a bildungsroman.6 I here focus above all on the text's and Pi's location in the contested space between believers and nonbelievers, and on the novel's attempted mediation between those seeming binary opposites. I ask two perhaps paradoxical questions: In what ways would this be seen by the nonreligious as a religious book with appeal? Put differently, to what degree and in what ways might this text actually give secular readers a desire to believe, even if it does... (shrink)

Current debates on ‘the postsecular’ focus on the alleged new visibility of religion in the public sphere. They overcome earlier neglect or indifference toward religion by acknowledging its importance and cast doubt on traditional binaries between ‘secular’ and ‘religious’. How should systematic theology take up the challenge of these debates? Is ‘the postsecular’ a chance to reconsider religion beyond modernist critiques or should one be critical of too easy celebrations of ‘the return of religion’? As (...) an introduction to a special issue on this theme, this article argues that theology should take it as a chance for new dialogues with unexpected allies, opponents, and critics. This calls for an attitude of openness and a willingness to think anew, without losing one’s roots in a specific orientation. Theology’s contribution can be rethinking core notions from the theory of religions, asking for the specific perspective that religion may introduce and the constructive reinterpretation of – partly forgotten – symbols of religions. After discussing the state of the art in debates on ‘the postsecular’ in the first article, the other contributions of this special issue take up these theological tasks in dialogue with thinkers like Richard Kearney, Jean-Luc Nancy, and Paul Ricoeur. (shrink)

I analyze Hegel’s conception of nationality in order to make clear how he conceives the precise relation between the state and religion. This analysis also allows me to draw conclusions about whether Hegel can be considered racist or Eurocentric. My project involves understanding nationality as Hegel presents it in the anthropology: viz., as a form of spirit immersed in nature and closely related to geography. The geographical features of a nation’s land are reflected in its national religion; (...) its nation-state is a positive expression of this national religion; national religion further functions to reconcile a nation to the particular positive character of its nation-state. Yet as nation-states clash and collapse in history (i.e. the state proper), an absolute (non-national) religion emerges which reconciles its adherents not to the positive form of a certain nation-state, but to the state proper, i.e. the course of world history: this is “Christianity.” Christianity is not a national religion, tied to a certain part of the natural world, but, oddly, it does emerge with a certain peculiar ‘nation’: the “Germans.” Contrary to appearances, the “Germans” for Hegel are necessarily not a nation or race in the traditional sense, because as the vehicle for the absolute religion, their ‘nationality’ is not a form of spirit immersed in nature. Instead, the “Germans” (the apex of history) are beyond race and nationality. Any representation of the “Germans” as exclusively white or European, by Hegel or anyone else, is thus false: the “German” and “Christian” spirit is really just the modern spirit, which is necessarily trans-racial and trans-national. (shrink)

Salafism is one of the most important issues of the last few centuries. There are intense discussions on the issues related to Salafism, its emergence, how it was first used by whom and in what sense. Discussions about Salafism are sometimes experienced in relation to whether this concept corresponds to a mentality or to a sect, and sometimes this phenomenon is brought up in relation to a number of important names that have taken place in the history of (...) Islamic thought. Ibn Taymiyya (d. 728/1328) emerges as the most frequently mentioned name in this context. Therefore, in this article, we have examined how Salafism/Salafiyya concept is used in the works of Ibn Taymiyya who is accepted as the theorist and the most powerful representative of Salafism. We have discussed the issue in a comprehensive manner by including the concept of Salaf, which is one of the most used concepts of Ibn Taymiyya. When we consider Ibn Taymiyya's use of the concepts of Salaf and Salafiyya, the concept of Salaf is seen to be used much more than the concept of Salafiyya. Thus, the concept of Salaf in the thought of Ibn Taymiyya refers to the Islamic society that lived in the early centuries and the conception of religion revealed by this society. The concept of Salafiyya, however, appears to have been used in a way that reflects a mentality and a way of thinking rather than a particular school or sect.Summary: Sects are human made structures that emerged with the institutionalization of differentiations in the conception of religion. The production of systematic theology and fiqh, the formation of its own literature, its dissemination and dissociation from other systems of thought are the most important turning points for the emergence of sects. One of the most important variables that determine the formation process of sects is the mentality of sect. It is known that the sects come into the realm of existence when the mindsets with the implicit reference system become visible. Therefore, there is a mentality on which every sect is based, but not every mentality has come to the point of being a sect. While some mentalities have influenced different sects in different shades, some of them have been confronted with only one sect.In fact, Salafism is one of the ways of thinking which is a mindset and it is a subject of important debates about whether it is a sect. Although the use of salafiyya is seen in the literature in the past, the fact that Salafism felt its existence as a kind of religion or mentality was realized in the 18th and 19th centuries. It is also known that the discussions about the definition of Salafism have started since these periods. From the second half of the 20th century, Salafism began to take a place in the agenda of both the Islamic world and the West. This has naturally led to efforts to define Salafism. Thus, Salafism is subjected to attempts to identify and associate with structures, such as denomination, ideology, religious understanding and mentality. In this direction, it is seen that Salafism is tried to be defined by establishing close link with the structures, such as Ahl al-Sunnah, Ahl-i Hadith, Hanbalism and Wahhabism or by reducing them directly to one of these structures. Thus, Salafism is sometimes backed up to the early stages of Islamic thought and sometimes associated with multilayered structures, such as the Ahl al-Sunnah, which embodies many political-mythic and fiqh structures.In line with the efforts of defining Salafism, it is also seen that many names that have had a say in classical Islamic thought or have been mentioned in modern times have been brought to the agenda. In addition to the names, such as Ahmad ibn Hanbal, Ibn Taymiyya, Ibn Qayyim al-Jawziyya, the names of Emir al-Saneyani, Muhammad ibn Abd al-Wahhab, Muhammad al-Shawkani, Shaykh Abdulaziz ibn Baz and Muhammad Nasir al-din al-Albani are frequently mentioned in this process. It should be noted that there is a special place of Ibn Taymiyya among these names. Ibn Taymiyya took the place of both in history of Islamic thought and Ahl al-Hadith-Hanbalite tradition and made a name for himself in the context of many subjects. It is claimed that Ibn Taymiyya, who was the theorist of the Hanbalite conception of religion, and the missionary of the New Hanbalism, was also the founding figure and the most important representative of Salafism. In modern times, most of those who declare ideas about Salafism place Ibn Taymiyya at the center of Salafism and present him as the founding name of this mentality. However, the question of what kind of relationship between the mentality called Salafism and Ibn Taymiyya's world of thought and religion is not the subject of academic studies. However, the works of Ibn Taymiyya, who is an author of a very velocity, should be analyzed from this point of view and all kinds of words about Ibn Taymiyya-Salafism relationship should be left behind this effort. Our study, which aims to fulfill this gap, was designed to explain topics, such as whether the concept of salafiyya was used in the works of Ibn Taymiyya, whether and how the past was used, and the extent to which the meaning attributed to the salafiyya coincided with the current Salafism. Understanding of the concept of the salafiyya in the works of Ibn Taymiyya depends on the explanation of how the term salaf was derived and used by Ibn Taymiyya. When the works of Ibn Taymiyya are scanned, it is seen that he used the word salaf much more than the word salafiyya. In fact, the word of salafiyya, which Ibn Taymiyya has rarely included, has been placed in some places in a way that refers to the meaning field of the word salaf. When we consider the use of the word salaf in the works of Ibn Taymiyya, we first see the generations who lived in the early historical periods of Islamic thought and the conception of religion which these generations have revealed. Other names that have taken place in the history of Islamic thought have similar opinions about the generation of the predecessors and the religious understanding of this generation. In other words, according to the general opinion of the predecessor, especially the first three centuries came to mind. However, it is seen that Ibn Taymiyya made some attempts to periodize both the generation of the predecessors and to define the understanding of religion of this generation. Nevertheless, Ibn Taymiyya could not provide a clear picture on this issue, and he occasionally contradicted his findings regarding his involvement in the predecessor generation. Nevertheless, he generally adopted generalizations and an attitude to limit the meaning of the predecessor to the first generations. The word salafiyya, which Ibn Taymiyya placed on the meaning of the word salaf, is used less compared to the word salaf and is given in more complete terms. This indicates that the main factor that influenced Ibn Taymiyya's salafi thought was salaf, not salafiyya as a systematic structure. These findings make it necessary to reconsider the claims of Salafism being a sect and it is being represented at the time of Ibn Taymiyya. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of (...) Seville in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s political environment: religion; gender; and the rise of a neo-liberal state. The (...) volatility of these issues is undisputed; they require a mere spark to ignite. The standard legal response to this challenge is to seek shelter behind a formidable ‘wall of separation’ between state and religion, even if this implies turning a blind eye to the concerns of religious women — especially those caught in the uncoordinated web of secular and religious marriage bonds. I will advance a different approach. By placing these once-ignored agents at the centre of analysis, this article explores the idea of permitting a degree of regulated interaction between religious and secular sources of identity and obligation, so long as the baseline of citizenship-guaranteed rights remains firmly in place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Love of Country and Love of God: The Political Uses of Religion in MachiavelliBenedetto Fontana*This paper will discuss the place of religion in Machiavelli’s thought. 1 The traditional and generally accepted interpretation presents Machiavelli’s religion as a belief system whose value is determined by its functional utility to the state. In this he is said to resemble Cicero, 2 Montesquieu, 3 and Tocqueville, 4 (...) among others. This view is based on the proposition—one that is now fundamental to a modern understanding of Machiavelli—that his political theory develops a politics without moral, theological, and religious foundations (what Benedetto Croce 5 calls the “autonomy of politics” and Sheldon Wolin 6 the “autonomy of political theory”). Students of Machiavelli who ascribe to him an instrumentalist theory of religion rest their interpretation on this conception of politics: a distinction is established between religion viewed as religio, and religion conceived as fides, where the former is used to develop and cement social bonds and the latter is a faith based on a transcendent “truth.”A reading of the texts shows that Machiavelli discusses various kinds of religion. He refers, for example, to multiple forms of Christianity, such as “primitive” [End Page 639] or original Christianity, 7 official, medieval Christianity, the ecclesiastical principality of the papacy, as well as to ancient Judaism, 8 paganism, and to Islam. 9 However, it is possible to discern in Machiavelli two principal or distinctive types. One is based on the opposition Machiavelli sees between the religion of the Romans (which instills virtù) and the religion of the post-classical and post-Roman Christian world (which teaches humility and passivity). The other is prophetic religion, in which Machiavelli contrasts the prophet armed to the prophet unarmed. Thus, we have prophetic religion and non-prophetic religion; the former is either armed or unarmed, and the latter is either immanent (natural) or transcendent. 10Machiavelli’s stress on the importance of virtù (whether of the prince or of the people) suggests that religion is not simply religio—that is, a political technique to rule and to control the masses. Rather, it presupposes a concern for a moral fides which, though certainly not transcendent, is nevertheless necessary to the construction of a political order based on virtù. His concern with civil and military virtue links the armed prophetic religion with that of the ancient Romans, such that ancient Judaism, Islam, and a reformed Christianity (a kind of Lutheranism ante litteram) all stand opposed to primitive and post-classical Christianity.Machiavelli anticipates in theory the national, anti-papal, and anti-imperial movements that were later realized in history by the Lutheran and Calvinist Reformations. He attempts to infuse the corrupt and decadent Christian conception of the world with a new, innovating spirit, one opposed to the prevailing medieval and scholastic conception of the world. In the past Christian philosophers and thinkers revised the classical notions of virtus and arete, transforming them into Christian concepts of value. Machiavelli attempts a similar “transvaluation of values” (Nietzsche), but for different ends and in a different direction: he reinterprets the Christian religion in order to assimilate it into his conception of virtù and his vision of a vivere civile.In the first part of this paper the relation Machiavelli establishes between “speaking with God” and the founding and/or reforming of states is explored. Parallels between Christian and pre-Christian (pagan and biblical) rulers reveal a basic ambiguity in Machiavelli’s belief that religion—that is, the claim of having spoken with God—is necessary to effective rule. In the second part [End Page 640] Machiavelli’s teaching (“new ways and methods”) is compared to Christ’s message of the “good news.” The contrast between the two is presented in terms of an opposition between different “ways of living,” each with its specific moral claims and political consequences. The opposition is not, the section argues, between logos and kratos, ethos and kratos, but rather between diverse ways of understanding logos and ethos. The final section argues that Machiavelli uses biblical, pagan, and Christian forms of religious symbols and metaphors in order to reevaluate the concepts of patria and amore. In so doing... (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Based on two presentations during a February 2020 South African academic visit at the University of Pretoria and the University of Johannesburg, in this contribution, the authors of this article engage with one of the bestselling recent volumes in philosophy, Martin Hägglund’s This Life: Why Mortality Makes Us Free (here, the 2020 edition; initial publication date, 2019). In this book, Hägglund propagates ideas akin to those promoted within secular humanism. Whilst on the one hand this article elaborates the shortcomings (...) of Hägglund’s criticism of religion, on the other hand it also strives for an empathetic reading of his secular humanist philosophy. The authors place this conversation within the post-secular religio-cultural climate currently rising internationally, along with some further contextualising remarks. The most important part of this article is the last section (‘Pitting some theological voices…’) in which the authors engage Hägglund’s main arguments theologically, which elaborate on the finitude of human life all the whilst denying it a prospect of immortality. The debate in this section procceeds along the lines of religious thought of Emmanuel Falque, Ebenhard Jüngel and Dewi Zephania Phillips, with a view to reconcile the radical awareness of finitude and temporality of human life, characteristic for modern discourse(s), with the religious language practices sustaining belief in eternal life. Contribution: This article engages with how Martin Hägglund’s This Life: Why Mortality Makes Us Free does not fairly convey aspects of the sense of secularism, and can additionally on the senses of finitude and temporality be improved by insights from Emmanuel Falque, Ebenhard Jüngel and Dewi Zephania Phillips. (shrink)

Dietrich Bonhoeffer and Knud Ejler Løgstrup were WWII contemporaries: Lutheran theologians and religious figures in their respective German and Danish communities; both active in the anti-Nazi resistance. Being involved in the resistance, Bonhoeffer and Løgstrup were required to rethink what it meant to be ethical, in particular in relation to disclosure and the telling of truth, in a situation of war. In this paper, we consider the grounds on which both Løgstrup and Bonhoeffer acted, their belief in a duty or (...) requirement to resist, in light of the more general problem presented by resistance as action undertaken in a state of exception. We investigate the distinction between the normativity of ordinary or stable time, and action required in a state of exception, using the specific example of truth-telling as a normative demand and its conflict with the exceptional imperative to lie. The example of truth-telling raises important questions about the role of agency and phronetic judgment in a state of exception. In order to determine a foundation for such judgment, we turn to the framework adapted by both Bonhoeffer and Løgstrup to ground their requirement to lie: Luther’s concept of three estates. We consider how their respective concepts of mandates and laws of life/sovereign expressions of life both illuminate and highlight the more general problem of the relation between norm and exceptional action. (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

Writing in the cosmopolitan metropolis of Baghdad, Alfarabi (870-950) is unique in the history of premodern political philosophy for his extensive discussion of the nation, or Umma in Arabic. The term Umma may be traced back to the Qur'ān and signifies, then and now, both the Islamic religious community as a whole and the various ethnic nations of which that community is composed, such as the Turks, Persians, and Arabs. Examining Alfarabi's political writings as well as parts of his logical (...) commentaries, his book on music, and other treatises, Alexander Orwin contends that the connections and tensions between ethnic and religious Ummas explored by Alfarabi in his time persist today in the ongoing political and cultural disputes among the various nationalities within Islam. According to Orwin, Alfarabi strove to recast the Islamic Umma as a community in both a religious and cultural sense, encompassing art and poetry as well as law and piety. By proposing to acknowledge and accommodate diverse Ummas rather than ignoring or suppressing them, Alfarabi anticipated the contemporary concept of "Islamic civilization," which emphasizes culture at least as much as religion. Enlisting language experts, jurists, theologians, artists, and rulers in his philosophic enterprise, Alfarabi argued for a new Umma that would be less rigid and more creative than the Muslim community as it has often been understood, and therefore less inclined to force disparate ethnic and religious communities into a single mold. Redefining the Muslim Community demonstrates how Alfarabi's judicious combination of cultural pluralism, religious flexibility, and political prudence could provide a blueprint for reducing communal strife in a region that continues to be plagued by it today. (shrink)

Dietrich Bonhoeffer and Knud Ejler Løgstrup were WWII contemporaries: Lutheran theologians and religious figures in their respective German and Danish communities; both active in the anti-Nazi resistance. Being involved in the resistance, Bonhoeffer and Løgstrup were required to rethink what it meant to be ethical, in particular in relation to disclosure and the telling of truth, in a situation of war. In this paper, we consider the grounds on which both Løgstrup and Bonhoeffer acted, their belief in a duty or (...) requirement to resist, in light of the more general problem presented by resistance as action undertaken in a state of exception. We investigate the distinction between the normativity of ordinary or stable time, and action required in a state of exception, using the specific example of truth-telling as a normative demand and its conflict with the exceptional imperative to lie. The example of truth-telling raises important questions about the role of agency and phronetic judgment in a state of exception. In order to determine a foundation for such judgment, we turn to the framework adapted by both Bonhoeffer and Løgstrup to ground their requirement to lie: Luther’s concept of three estates. We consider how their respective concepts of mandates and laws of life/sovereign expressions of life both illuminate and highlight the more general problem of the relation between norm and exceptional action. (shrink)