This chapter contains sections titled: The Positivist Era, 1890s to 1930s: Eclecticism and Specific Intent The Legal Process Era, 1938–69: Purposive Interpretation Post–Legal Process Theories: 1969–Present References.

In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, (...) innovated through close commentary on the text (a characteristic sometimes wrongly considered a humanist innovation). Assuming that these texts were fully consistent, largely lacking a sense of historical distance, they “found” the CIC’s dictum on a given question by weaving many passages that seemed to address it partially into a complex logical fabric, and eliminated apparent internal conceptual disparities in the same way. 2But from the fifteenth century such humanists as Lorenzo Valla (1407–57) and Angelo Politiano (1454–94) applied humanist critical methods to the CIC and ridiculed the methods of the civilians. In the early sixteenth century the work of Guillaume Budé (1468–1540), Andrea Alciato (1492–1550), and Ulrich Zasius (1461–1535) intensified the crisis in legal interpretation. Budé, the [End Page 21] period’s leading French humanist, was the first humanist to publish an exhaustive study of Justinian’s Digest, while the Milanese jurist Alciato and the German jurist Zasius were among the first humanist-trained Roman lawyers to tackle the CIC. Across the century’s first three decades these humanists debated each other and other jurists, including the eminent Orléans professor of Roman law, Pierre de l’Estoile (1480–1537), best known to scholars as the teacher of a youthful law student named Jean Calvin. 3 We consider here a debate between Budé, Alciato, and Estoile, which also involved Nicolas Duchemin, Estoile’s student and partisan, and Calvin himself, who made his first appearance in print by contributing a preface to the work of his friend Duchemin. Though often referred to in Calvin scholarship, the debate has never been thoroughly explored. 4 [End Page 22]Unlike some recent studies of interpretation in the Renaissance, this study focuses on each interpreter’s practice, rather than his explicit methodological pronouncements alone, on what Wittgenstein calls a writer’s “language game”—here the meaning of each interpreter’s statements in the context of his interpretive practices. Indeed we shall view this debate as a clash of three “forms of life,” since the three protagonists could not agree as to what rules to follow to determine the meaning of a particular expression. 5In the passage in question, Lex Nec quicquam, §Ubi decretum, from the Digest section On the Duties of the Proconsul and Legate (D.1.16.9.1), the third century Imperial jurist Ulpian, declares:Ubi decretum necessarium est per libellum id expedire proconsul non poterit: Omnia enim quaecunque causae cognitionem desiderant per libellum non possunt expediri. (Where a decretum [decree] is required, the proconsul will not be able to dispose of the matter per libellum. All matters whatsoever requiring causae cognitio [judicial investigation] cannot be disposed of per libellum.)In unravelling the meaning of such key terms as decretum and libellus, the interpreters applied assumptions and practices rooted in both the humanist and [End Page 23] scholastic traditions—sometimes the same individual applied both. The debate presents the issue of interpretation apart from that of textual recovery, for no participant claimed any passage involved had been corrupted or offered a significant variant. Had they possessed the Mommsen edition of the CIC (albeit without necessarily understanding its principles of construction), each would have faced little added difficulty.I. Guillaume Budé on §Ubi decretumGuillaume Budé sparked the debate with his comments on the passage in the first part of his famous study of Justinian’s Digest, the Annotationes in quattuor & viginti Pandectarum libros (1508). He argued that the term libellus as used in the passage meant a supplicatory petition addressed to the Emperor. The matters involved could include both controversial cases, for which the Emperor would rely on the judgment of his council, and uncontested matters in which Emperors acted by their own “liberality or beneficence.” Budé confined himself to the... (shrink)

If patriotism can thus be seen as an incentive or as an instigation even in such a recondite science as epistemology, how much more readily can it be seen to perform such functions in other studies more immediately or inextricably bound up with communal human life? I pass over instances that occur to me—for instance, the Victorian Jesuit, Father Hopkins, declaring that every good poem written by an Englishman was a blow struck for England--and profit instead, if I may, by (...) the presence among us of Edward Said. I do not know, and it is none of my business to know, what passport Said presents at the international frontier. But it is surely common knowledge among us that he has deep and feelingful and intimate allegiances to the state of Lebanon. Who of us has failed to connect this with his books Orientalism and The Question of Palestine? The point is that, having made this connection, none of us thinks the worse of Said. On the contrary, we recognize that he has a special stake in such topics and therefore speaks on them with a special authority. Unless I am mistaken, that stake and that authority are, in a perhaps extended sense, patriotic. And whatever our speculative objections to the idea and the principle of patriotism, in practice we recognize it and we honour it.What I am questioning, it will now be plain, is the principle of "disinterest." "The disinterested pursuit of knowledge"—it is what in our distinct disciplines all of us have paid lip-service to, and perhaps more than lip-service. But when we come right down to it, is it what we believe? The honest patriot declares an interest; and if we are wise, we take note of the declaration, making allowances and reserving doubts accordingly. But what are we to make of the scholar who declares no interest, who claims implicitly to be truly disinterested. Can we believe him? And if we cannot, what guidance do we have as to what reservations to make, what doubts to entertain? I am of one mind with my Marxist colleagues who, from a political position very far from mine, warn us to be especially suspicious of the scholar who claims to have no axe to grind. We, all of us, have axes to grind; the crucial distinction is between those who know this about themselves and those who don't.Let me make myself clear. When I urge that the terms "patriotism" and "patriotic" be reinstated in our discourse, and particularly in those forms of our discourse that may be called "interpretation," I do not imply that patriotism is a nobler, a more elevated instigation than sundry others, mostly ideological, of which we are more aware. The point is precisely that of these others we are aware because we share a vocabulary which acknowledges them, whereas "patriotic" has been banished from our vocabulary, and so the reality which the word represents is left out of our calculations. Let me admit for the sake of argument what I do not in fact believe-- that patriotism is a concept and a sentiment so besmirched by the unholy uses made of it that, if mankind is to survive, patriotism will have to be eradicated. Even if that were the case, it remains true that patriotic interest and incitement are very far from having been eradicated from the world that we in fact inhabit, and try to interpret, here and now; and if we try to work within a vocabulary that pretends otherwise, we condemn ourselves to producing interpretations that are drastically partial and perhaps disastrously misleading. The point is not whether patriotism is a good thing or a bad thing but simply that it is; it exists, as powerful factor which we all in our hearts acknowledge even as our vocabulary refuses to. And when we speak in this context of "the world," we certainly include in that world ourselves, who offer to interpret it. Every one of our interpretations is coloured by the fact that we, the several interpreters, are British or American, French or Italian or Russian or whatever. If we think otherwise, we deceive ourselves; and yet where, in any of our currently acceptable vocabularies, determined as all of them are by the glib rationalism of the Enlightenment, do we find that momentous fact about ourselves acknowledged? Where is it acknowledged, for instance, in the vocabulary of feminism that "woman," as conceived by an American writing about Italians, cannot help but be significantly different from "woman" as conceived by an Italian looking at Americans? Or again, an Italian woman may well, we must suppose, be an Italian patriot; but where, in the current vocabulary of feminists, is that dimension of her "woman-ness" allowed for? Let it be acknowledged only so as to be deplored; but let it in any event be acknowledged. At the moment, it isn't.Donald A. Davie, the distinguished poet, is Andrew W. Mellon Professor of the Humanities at Vanderbilt University and honorary fellow of Saint Catharine's College, Cambridge and of Trinity College, Dublin. He has edited The New Oxford Book of Christian Verse, and his Collected Poems 1950-1970 appeared in 1972. His latest publications are Dissentient Voice and These the Companions; Recollections. (shrink)

As in many parts of the world, Islam in Southern Philippines is generally seen as subjecting women to unfair treatment. The concept of gender justice is thought to be non-existent. Among the minority populations in the region are the Tausug of Sulu who practice an Islam that is heavily influenced by their pre-Islamic traditions, popularly known in the community as Adat or customary laws. This study, conducted from January to June 2004, documents and analyzes the influence of the traditional (...) Islamic practices of the Tausug in relation to women's rights and gender justice in marriage, divorce, polygamy, custody of children, inheritance, property rights and leadership; and makes recommendations regarding some reform initiatives that could improve the status of women and the general issue of gender justice in the Muslim communities in southern Philippines. The study found no violation of women's rights in the Tausug Islamic community and that gender justice actually exists. The Tausug believe that because of their strong and dynamic traditions, their practice or interpretation of Islam is more liberal and accommodating. Generally, compared with other Islamic communities in the area, the human rights situation of the women in Sulu is much better. Women were found to be enjoying considerable freedoms, including access to public office and other leadership positions. One could argue, therefore, that the Tausug community is a good example of an Islamic community where women's rights are respected and gender justice prevails. What remains to be done is to sustain this favorable environment and to safeguard it from certain sectors of the Islamic society and male chauvinists bent on undermining gender justice in the area. (shrink)

Title III of the Americans with Disabilities Act (ADA) grants people with disabilities access to public accommodations, including the offices of medical providers, equal to that enjoyed by persons without disabilities. The Department of Justice (DOJ) has unequivocally declared that the law requires effective communication between the medical provider and the Deaf patient. Because most medical providers are not fluent in sign language, the DOJ has recognized that effective communication calls for the use of appropriate auxiliary aids, including sign (...) language interpreters. The final decision on what to offer the Deaf patient is the doctor's, and under current DOJ regulations, the doctor does not have to consult with the patient or give "primary consideration" to the patient's choice of auxiliary aid as long as what the doctor offers results in effective communication. However, given the great variation in people's communication styles and skills, a standard, one-size-fits-all auxiliary aid would fail to achieve effective communication in many cases, harming not only that Deaf patient, but also the medical provider, who would be potentially liable for violating the ADA as well as hamstrung in getting accurate information for purposes of diagnosis and treatment. Moreover, most doctors are not savvy about Deafness and Deaf culture. Thus, the best way to ensure effective communication would be to require the medical provider to ask the Deaf patient for his or her choice of auxiliary aid and to give "primary consideration" to the patient's expressed choice of auxiliary aid. Such an approach is required under Title II of the ADA, which makes it mandatory for state and local governments to consult with people with disabilities and give "primary consideration" to the patient's choice of auxiliary aid. Given that there is no difference between a public doctor and a private doctor that would justify the two different approaches and that cost is not a factor, since under either title, a medical provider cannot pass on the costs to the person with a disability, the DOJ should revise its interpretation of Title III in order to bring in into line with its interpretation of Title II. To fail to do so would operate to frustrate both the letter and the spirit of the ADA. Until the DOJ brings the titles into line, the courts should decline to give controlling weight to the DOJ's interpretation of Title III. (shrink)

In this book, I will discuss three main topics: the roots and aims of scientific knowledge, scientific knowledge in society, and science and values I understand scientific knowledge as being a planned and continuous production of the general and common knowledge of scientific communities. I begin my discussion with a brief analysis of the main differences between sciences, on the one hand, and everyday experience, philosophies, religions, and ideologies, on the other. I define the concept of science as a set (...) of family resemblances (in Wittgenstein's sense). The sciences can be distinguished along three lines, in terms of the difference between empirical and non-empirical sciences, differences in degrees of theoretical and methodological structure among individual sciences and scientific disciplines. Scientific knowledge is based upon some grounds, paradigmatic knowledge bases. Scientific knowledge is founded on a unified paradigmatic knowledge base. The latter includes fundamental theories, basic facts, generally accepted empirical regularities (laws), scientific research methods, scientific explanations, and established relations to other sciences. Scientific knowledge in general is defined well in classical terms by the definition that knowledge is a true and rationally-justified belief. In this connection, scientific truth is relative, depending on the given paradigmatic knowledge base and on the precision and accessibility of the measurements and observations involved. In the book's first part, I consider the production and testing of scientific hypotheses, scientific explanations, the structure of scientific theories, and the problem of scientific realism. I consider explanation an integral part of a wider nexus of heuristic and theoretical activities in science like giving reasons, understanding, clarification, and founding. Continuous production of scientific explanations is a necessary condition for the systematic reproduction of scientific knowledge. Accordingly, it does not suffice to describe them in terms of the logical structure of the arguments on which they are based, but rather, scientific explanations ought to be given complete with an epistemic and pragmatic context of the explanation. I consider especially deductive-nomological, inductive-statistical, dispositional, teleological-functional, and genetic explanations. I emphasize the ever-increasing importance of explanations by analogy and by model. Orthogonal to these distinctions lies the distinction between causal and epistemic explanation. Epistemic explanations relate scientific discoveries to epistemic progress, and causal explanations are these epistemic explanations that relate scientific discoveries to reality too. Causal explanations inform us that certain changes occur in the world as agents of other changes, or rather, that certain changes are real consequences of other changes. Thus, by having explanations of causes, we can intervene in the world to induce by design certain changes in some course of phenomena. I consider scientific theories as logically and epistemically ordered wholeness of scientific knowledge in a realm of research that enables us to construct useful models of reality. After the discussion of different 'statement' views on theories and different interpretations of the theory-experience relation, I introduce the 'model' theoretical (non-statement) views on theories, especially the structural theory of science. The model views on theories transcend the realism-antirealism dualism by introducing models between theory and reality. Therefore, the question of scientific realism is not merely whether and, if so, which element(s), of scientific theories represent reality, but rather which conditions suffice to infer from a theory that one of its models truly expresses reality. In other words, under which conditions do models of a theory represent models of reality? Generally, models are just as much images of reality in a theory as they are images of a theory in reality. The actual problem of scientific realism doesn't originate in the observable-unobservable distinction (even if this distinction is otherwise theoretically loaded), but rather in ontological quandaries, of the sort especially encountered in modern physical theories such as quantum mechanics, relativity theory, and cosmological theories, although they are known to arise in other sciences as well. Scientific theories may be real, even if they describe nothing about the world. However, such theories can be given this status only if their formal, mathematical postulates exhibit some formal homology between reality and mathematical forms. The very fact that it is possible to describe reality with the help of mathematics even in cases, where every (representational, conceptual) language and thought fall short, would indicate that even mathematics itself is, in some sense, a part of reality, although 'outside' of the empirical world. It follows we have to distinguish the non-empirical reality and the empirical world. Formal objectivity and non-arbitrariness of theories do not emerge from either our language or thoughts, or from the world of facts, causes, and effects, but rather from non-empirical reality, which frames the world as some kind of objective transcendental condition for the possibility of the existence of the world, thoughts, and language. In the second part of the book, I consider the incorporation of scientific work and scientific knowledge into modern society and its relations to values and ethics. Production of scientific knowledge goes on as a parallel distributed process of a special kind of social (shared) cognition. The central part of this cognition is the presentation of parts of the world by scientific (theoretical) models which are warranted by the shared and public practice of justification, and in reflective acting in the world as it would. I consider various formal concepts of collective propositional knowledge (distributed, mutual, common knowledge). Scientific knowledge is an achievement to be ascribed to a scientific community or, indirectly, to all those who apply or expand it, rather than to individuals per se. It presents the continuous and partially planned production of non-trivial common knowledge of the research communities in modern societies. However, besides common knowledge, shared dispositional knowledge (knowledge how of scientific teams) and shared knowledge by acquiring (knowledge of fundamental similarities and differences in scientific teams) are parts of the real body of scientific knowledge. Scientific common knowledge implies the projection into idealized universal knowledge of all real or potentially rational and well-informed individuals. The respect of scientific knowledge thus presents the norm of rationality. Science as the intensively shared and socially distributed kind of cognition enters into modern society as a special kind of work (general work), as a productive force (social invention drive), and as a form of capital (human, social, cultural, informational, etc.). However any of these categories can adequately represent the socio-economical role of science in modern societies, and we are still waiting for a more adequate general concept that would theoretically cover the 'scientification' of modern societies. My thesis is that the most important general effect of scientification is (and will be) the growth of social processes that structurally resemble parallel distributed shared social cognition of science, and not so much the rise of the use of scientific knowledge and scientifically based information in all kinds of production. Scientification of modern societies inevitably includes a much stronger need for moral and social responsibility of scientists for their work and its effects in their local society and the global world. This need comes in contradiction with the quite large accepted idea (and even the 'norm') on value-free research. I discuss to some degree different arguments for the absence of non-epistemic values and ethical reasoning from science and find them non-convincing. The sound idea of value-free research lies in the need for the absence of categorical value statements from scientific explanations and theoretical deductions. Values and ethical judgment have, and sometimes they even have to play an important role in another part of research and its application in science or outside it. Not the value-loudness of research is a danger for science but its blind, non-reflective use. It leads to the ideologization and politicization of science. A similar danger lies in the purely value-neutrality of research. It leads to the instrumentalization of science to the technical or bureaucratic means for 'any' aims. (shrink)

This collection of previously published essays attempts to rescue the classical orthodoxy of Milton's theology from the oft-repeated charge of Arianism. With the discovery of Milton's theological essay Christian Discourses in 1823, scholars concluded that Milton's theological orthodoxy was questionable; he was suspected of the heresy of Arianism. Paradise Lost was then reinterpreted in the light of this widely accepted charge. This interpretation has lasted for over 100 years. Beginning in the 1950's, and quite independently, the authors of these (...) essays published papers attempting to show that the charge of Arianism was a misinterpretation: which conclusion, at the same time, required a reinterpretation of Paradise Lost. The issues to be resolved centered around the role of Christology in the trinity, and whether or not Milton subordinated the second person of the trinity in an unacceptable and heretical way. In order to restore Milton to the tradition of Orthodoxy, the authors were called upon to investigate the theological and philosophical vocabulary surrounding the language of essence, substance, person, and hypostaseis; [[sic]] and to analyze their philosophical relevance including the meaning of ousia as developed by Aristotle and the Stoics. It was also necessary to investigate the history of Christian thought, including both Reformation and Renaissance orthodoxy and the relationships of Milton to such traditions. They thereby traced Milton's orthodoxy back to Tertullian, to the orthodoxy of the creed of Nicea and its long dispute over Homoousia, as well as to a pre-Nicean orthodoxy. They found in pre-Nicean orthodoxy a doctrine of subordination which is not Arian and with which Milton is quite compatible. In view of Milton's role as the poet of the Logos, they investigated the Logos concept in Platonic and Neo-Platonic sources-noting the continuity, but also the differences, between Milton and such Neo-Platonism. They also distinguish Milton from the antitrinitarians among his contemporaries. One major section is devoted to the relationship of the Son to God; and another, to the relationship of the Son to man and the Universe: for not only did the authors need to establish the proper relationship within the Godhead, but they needed, as well, to escape the inclination toward pantheism. Finally the authors are able to reinterpret Paradise Lost in the light of Milton as a non-Arian, suggesting that his poetic solution of the problems of his age allowed him to reconcile orthodox dogma with poetic drama. Although the authors do not attempt here to reply to the responses which have already appeared to these articles since they were originally published, it is clear they have discovered a new Milton who deserves a voice. This collection will be a significant aid to students of literature and intellectual history in making a case for the Milton or orthodoxy available in a single volume.--H. A. D. (shrink)

This collection of previously published essays attempts to rescue the classical orthodoxy of Milton's theology from the oft-repeated charge of Arianism. With the discovery of Milton's theological essay Christian Discourses in 1823, scholars concluded that Milton's theological orthodoxy was questionable; he was suspected of the heresy of Arianism. Paradise Lost was then reinterpreted in the light of this widely accepted charge. This interpretation has lasted for over 100 years. Beginning in the 1950's, and quite independently, the authors of these (...) essays published papers attempting to show that the charge of Arianism was a misinterpretation: which conclusion, at the same time, required a reinterpretation of Paradise Lost. The issues to be resolved centered around the role of Christology in the trinity, and whether or not Milton subordinated the second person of the trinity in an unacceptable and heretical way. In order to restore Milton to the tradition of Orthodoxy, the authors were called upon to investigate the theological and philosophical vocabulary surrounding the language of essence, substance, person, and hypostaseis; [[sic]] and to analyze their philosophical relevance including the meaning of ousia as developed by Aristotle and the Stoics. It was also necessary to investigate the history of Christian thought, including both Reformation and Renaissance orthodoxy and the relationships of Milton to such traditions. They thereby traced Milton's orthodoxy back to Tertullian, to the orthodoxy of the creed of Nicea and its long dispute over Homoousia, as well as to a pre-Nicean orthodoxy. They found in pre-Nicean orthodoxy a doctrine of subordination which is not Arian and with which Milton is quite compatible. In view of Milton's role as the poet of the Logos, they investigated the Logos concept in Platonic and Neo-Platonic sources-noting the continuity, but also the differences, between Milton and such Neo-Platonism. They also distinguish Milton from the antitrinitarians among his contemporaries. One major section is devoted to the relationship of the Son to God; and another, to the relationship of the Son to man and the Universe: for not only did the authors need to establish the proper relationship within the Godhead, but they needed, as well, to escape the inclination toward pantheism. Finally the authors are able to reinterpret Paradise Lost in the light of Milton as a non-Arian, suggesting that his poetic solution of the problems of his age allowed him to reconcile orthodox dogma with poetic drama. Although the authors do not attempt here to reply to the responses which have already appeared to these articles since they were originally published, it is clear they have discovered a new Milton who deserves a voice. This collection will be a significant aid to students of literature and intellectual history in making a case for the Milton or orthodoxy available in a single volume.--H. A. D. (shrink)

Since its founding in 1943, Medievalia et Humanistica has won worldwide recognition as the first scholarly publication in America to devote itself entirely to medieval and Renaissance studies. Since 1970, a new series, sponsored by the Modern Language Association of America and edited by an international board of distinguished scholars and critics, has published interdisciplinary articles. In yearly hardbound volumes, the new series publishes significant scholarship, criticism, and reviews treating all facets of medieval and Renaissance (...) culture: history, art, literature, music, science, law, economics, and philosophy. (shrink)

Sophists’ apologia. -/- Sophists were the first paid teachers ever. These ancient Greek enlighteners taught wisdom. Protagoras, Antiphon, Prodicus, Hippias, Lykophron are most famous ones. Sophists views and concerns made a unified encyclopedic system aimed at teaching common wisdom, virtue, management and public speaking. Of the contemporary “enlighters”, Deil Carnegy’s educational work seems to be the most similar to sophism. Sophists were the first intellectuals – their trade was to sell knowledge. They introduced a new type of teacher-student relationship (...) – the mutually beneficial communication on equal terms. They taught pupils how to think independently and how to persuade others, which was inseparably connected with the rise of democracy in the most advanced Greek polices. Sophists were the first to proclaim that all people are naturally equal. They put forward the idea of natural rights and social contract, working out the fundamentals of the present-day law. In addition, they developed the basics of philology, psychology, logic, and gave a scientific explanation to the origins of religions. They embodied definite positive ideals of their epoch. Sophistry flourished in the second half of the Vth through he first third of the IVth centuries B. C. The period coincides with the heyday of the entire Greek history – the so called Greek Miracle epoch. Sophists expressed some present-day concepts of Ancient Greek ideology and mentality, characteristic of its Golden Age times. The Ancient Athens of the times of Periclus were similar to the Florence of Renaissance as to the type of social structure. That is why (?) the art of eloquence (public speaking) was highly respected in Florence. The two cities had a lot of features of the present-day capitalist society, which was due to their role as the main centres of industry of their “worlds-economies”. During the subsequent Hellenic period, the Old Order was restored, based on the feudal rent recipients’ rule. The degradation of society resulted in the decline of sophistry. Sophistry represents the highest point in the evolution of Greek philosophy. It is also the most prominent school as to the novelty of its ideas. That was owing to the common propensity for innovation typical of Periclus’ Golden Age, which in its turn resulted from the establishment of the individualistic and rationalistic thinking similar to present-day mentality. Among other aspects, close attention was paid to ethnic issues; some humanistic ideas such as Master and Servant ethics and Enlightment as the primary condition of man’s freedom, received scientific grounding. The genre of philosophical dialogue was developed, as well as the rationalistic scientific gnoceology, aimed at consistently opposing any religion. Dialectics, the most outstanding achievement of the Antiquity, was also worked out by the sophists. Zeno of Helleas was one of the sophists. Democrites’ ideas were, too, quite close to dialectics. Socrates’ contemporaries regarded him ironically, as shown, for example, in the Aristophanes’ comedy “Clouds”. Nevertheless, this scholar can still be referred to as a sophist, although of somewhat weird personality. Socrates’ popularity, which came later, should be attributed to the fact that he was the first philosopher ever to have been sentenced and executed by law, rather than to any valuable scientific contributions. Sophistry as such, rather than Socrates, marks the line between pre-Socratic and post- Socratic schools. Plato, with the exception of his latest works, is considered to belong to the same philosophical school. Specifically, there are valid reasons to believe that he was paid fees by his disciples. In Plato’s Dialogues, all points of view will be proven and then disproved, so that an integral philosophical system is hard to observe. Plato’s “Idealism” is but one of the many possible theories. His ideal philosophy is a high-minded argument of wise men. As late as towards the end of his life, Plato betrayed the ideals of sophistry, turning into the world’s first proponent of totalitarianism. Sophistry is Greek classical literature. Later on, philosophy, as well as the entire Greek civilization, started to fall into decline. Over 500 subsequent years, Hellenistic-Roman scholars never came up with anything novel. The entire process of antique philosophical evolution can be subdivided into the following six stages: Phoenician (IX–VIIth centuries B. C.), archaic (VIth – the first half of IVth century B. C., classic (the epoch of sophistry: the second half of the Vth through the first decades of the IIIrd centuries B. C.), late antique (middle of the IIIrd – first decades of the VI th centuries B.C.) The fact that early in the VIth century B. C. sophistry was rejected in Athens, has a lot to do with the consequences of their defeat in Peloponnesian war, a social catastrophe. Ever since, the prevalent part of the criticism of sophistry is a criticism of sophists’ immoral ways of life and personalities, rather than the essentials of their philosophy. For instance, Aristotle’s criticism primarily concerns their pragmatism and tendency to make a profit out of teaching. However, Aristotle himself taught his disciples along similar lines, showing them how to “be able to prove both opposites”. It was Aristotle who summed up sophists’ century-long elaborations. The traditional modern interpretation of sophists as shown in Plato’s dialogues appears to be groundless. The truth of the matter is that Plato regards sophists as more serious philosophers than Socrates was. It becomes especially clear in the dialogue titled “Protagoras”, which shows the latter as gaining an undoubted victory over Socrates. Generally speaking, Plato’s works never regard sophists as weak or worthless opponents. A common opinion as to the essence of sophists’, in particular, Protagoras’s philosophy, has hitherto not been worked out. Many researchers renounce the very existence of any specific philosophical position in sophistry. The term “relativism” itself now has a bad name. However, it should be borne in mind that Protagoras doctrine emerged as a result of an attempt to get out of the ontological dead-end to which the entire Greek natural philosophy had come. To this purpose, he employed Anaxagoras’s idea about everything comprising everything, whereupon he built his physical-ontological theory, and Zeno of Helleas’s concept that all objects are such and different at the same time in the same respect. According to Protagoras’s philosophy, every object does not only seem, but is different from every other object, including human beings. Therefore, every person is his or her own measure of all other entities. The objective reality is the Ego’s relations with the outer world. Every object’s essence is defined through its interaction with ourselves. Nothing remains stagnant – every existence already contains non-existence, and vice-versa. However, the relativity of being is not to be regarded as absolute. That means, that relatively stable and therefore relatively cognizable entities do exist, among them the words we say. Doubt is not considered absolute by relativists either, which differentiates them from skeptics and agnostics. They dare to believe. Uncertainty is Godly – here, Protagoras becomes very close to the concept of apathetic theology. Gorgius shared Protagoras’s views and tried to prove them applying the same method as Zeno applied when upholding Parmenidis’s philosophy. He argued that if one accepts the opposite point of view and agrees that nothing can exist and not exist at the same time, one is bound to come to an the absurd conclusion that nothing is cognizable and nothing exists. To prove that there is a universal contradiction within the Existence itself, Protagoras and his followers in their turn put forward a number of special logical arguments, called rules of contraries, or sophisms. The most well-known of them is the Euathle’s sophism, which proves that an object can be such and different at the same time in the same respect. Generally speaking, all relationships of any entity are extraneous. The idea that all entities, including concepts, exist and do not exist at the same time, was also accepted by Plato. It should be stressed, that Plato’s philosophy as a whole is relativists’ greatest achievement. In his dispute against relativism, Aristotle put forward the main concepts of his ontology: the existence falls into the existence in possibility and the existence in reality, or substance and accidence – the ever changing “sublunary” world and the stable world of divine heavenly bodies. This division made his system self-contradictory to the point of absurd. Aristotle quite realized, that the direct disproof of relativism is hardly possible, which fact makes his criticism a mere tautology. It is very indicative in this respect that materialists, idealists and even skeptical agnostics applied the same arguments do disprove relativism. That demonstrates that the inner contradiction between any forms of “absolutism” and relativism is the most fundamental philosophical problem. Relativist ideas were repeatedly renewed throughout history, provided the social conditions were favourable. In variations, the concepts were advanced by Tzuan Tsi and ancient Chinese sophists, apostle Paul, Nicolas of Cusa, Galileo, Rene Descartes, G. Berkley, D. Hume, Ch. S. Pierce, E. Mach, A. Bogdanov, F. de Saussure, N. Bore, P. Feuerabend, U. Quain and others. However, no consistent relativist ontological system was developed after Protagoras. Meanwhile, a valid relativist theory could provide a clue to a fuller and more adequate general physical concept of the world, and to a deeper understanding of quantum mechanics. -/- Relativism as an ontological system of beliefs. -/- The relativist principle of relativity of all that exists is fundamental for the entire system of philosophy. Absolutely everything exists, but, at the same time, no existence is absolute. Anything is possible, but those entities only exist for us with which we interact this way or another, i. e., reality is interaction, “I interact – hence, I exist”. However, an overly close relationship between entities leads to non-existence – in other words, there is a certain existential optimum. For all of us, information, or perceptible heterogeneities, is real. Each of us is the center of a definite system of interactions with the world. If God is an endless Possibility, then the World is but the man’s dialogue with God. However, the ties that bind us with the world are of some definite kind, which predetermines our reality. The principle of relativity constrains itself, as any relativity is relative. On the one hand, that calls forth the Evil – caused by our own weakness. On the other hand, it makes our world relatively stable and cognizable. Generally speaking, the world is what we are. Everybody has an own Universe, but since people are fairly similar, our universes can be regarded as one Universe with common laws and regulations. It is possible for us to change the degree of objects’ existence in relation to ourselves and one another. It is equally important, though, to remain ourselves (keep following our “warrior’s path”). Since everything exists and no existence is absolute, the process of cognition should involve a criticism of everything but never a complete rebuttal of anything. The criterion of verity for any theory then is in its capacity to build itself upon a bigger number of diverse statements than in any other theory. Theoretically, all philosophies should ideally be complementary. The question of what in fact happened is meaningless unless we specify the “we”, the “where” and the “when”. The past can only exist as part of the present. When we change, our past undergoes corresponding qualitative objective changes, all of which are irreversible. The contemporary physics regards all objects of the Universe as existing for one another, which results in absurd conclusions. In fact, only what we interact with, exists. The so called “speed of light in vacuum” c is the maximum speed of direct interaction and direct exchange of signals. Specifically, at the oncoming speed c with a significant blue parallax the gamma-quantum is unable to interact with the matter. When this speed is reached, the gravitational mass of objects in relation to one another becomes equal to zero (imaginary), whereas their inertial mass equals infinity. Further acceleration will bring us into an entirely different Universe. That means that the Universe is an open system, which fact destroys all present-day cosmological models. Anything is possible in this world. Our reality is magic. Every bit of space contains a potentially limitless number of bits of other, however virtual, universes, as well as an infinite number of particles, which are still virtual for us (as postulated by quantum mechanics). In other words, there exists an infinity of different realities. With all the above in mind, the different levels of entities’ existence, in particular, of Life and Reason, should be taken into consideration. For example, to which extent a live system exists in relation to the inanimate forms of being is very indefinite, as what life is has to be determined by living creatures. An even greater compass of levels of existence can be brought about through interaction – that is the core idea of Godel’s theorem. As a result, the range of forms of existence tends towards infinity – the evolution of matter through super-intelligence will bring us up to God’s heights. A more generalized mathematical model of the physical world, including a universal operator of the co-existence of objects, can be developed based on the above considerations. The bonds between objects become weaker owing to 1) a high speed, 2) acceleration, 3) rotation, 4) strong gravity, 5) strong fields of other kinds, 6) the difference of levels of existence , 7) phase shifts. Yet, there always is an existential optimum. Such mathematical model is to operate certain non-transitive algebras. Relativist ontology assumes that the notion of “temperature” is relative, thus making it possible to ignore the Second Law of Thermodynamics. In its turn, that will allow for phase shifts. A perpetual motion machine of the second type will become a reality. Rotation could presumably be used to increase inertial and decrease gravitational mass, slowing down the time. An experimental research could shed light on the mentioned effects. (shrink)

Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and (...) the public about the proper role of public health and the distinctions, for example, between public health and clinical care, and public health and health promotion.In this article I will attempt to characterize the main points of contention as well as offer my own views regarding the proper scope of public health. Greater clarity and consensus on the meaning of public health are likely to lead to more efficient and effective public health interventions as well as increased public and political support for public health activities. (shrink)

Public health is a dynamic field. Outbreaks of new diseases, as well as changing patterns of population growth, economic development, and lifestyle trends all may threaten public health and thus demand a public health response. As the practice of public health evolves, there is an ongoing need to reassess its scientific, ethical, legal, and social underpinnings. Such a reappraisal must consider the disagreement among public health officials, public health scholars, elected officials, and (...) the public about the proper role of public health and the distinctions, for example, between public health and clinical care, and public health and health promotion.In this article I will attempt to characterize the main points of contention as well as offer my own views regarding the proper scope of public health. Greater clarity and consensus on the meaning of public health are likely to lead to more efficient and effective public health interventions as well as increased public and political support for public health activities. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for (...) a correct deliberative outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

This collection represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought, including the relationship between the rule of law and public opinion; law and popular prejudices or manipulated tastes; Bentham's methodology versus Hart's; sovereignty and codification; and the language of natural rights. Drawing on original manuscripts and volumes in The Collected (...) Works of Jeremy Bentham, the chapters combine philosophical and historical approaches and offer new and more faithful interpretations of Bentham's legal philosophy and its development. As a coherent whole, the book challenges the dominant understandings of Bentham among legal philosophers and rescues him from some famous mischaracterizations. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original (...) scholarly contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

The democratic principle in its extreme form is the assertation that the mere fact of free birth is alone sufficient to constitute a claim to all offices. It is never the claim of a majority to rule, but it is the demand that every one, whether rich or poor, high- or low-born, shall be equally represented in the constitution. This is what Aristotle calls the principle of numerical equality.-from "Chapter VI: Democracy"One of the most renowned classical scholars of the (...) turn of the 20th century here offers a lucid and highly readable overview of a difficult and little understood aspect of Greek history: its public law, not just how it was structured but how it behaved in action. This 1896 book-perfect for university students, amateur historians, and readers of the history of the law-covers the full range of Greek legal development, from the origin of the city-state and the beginnings of the Greek monarchy to the social and political institutions of the far-flung Greek civilization to the rise of federalism and its long-term historical impact on the cultures that came after.British classical scholar A.H.J. GREENIDGE was a lecturer in ancient history at Brasenose College, Oxford. He is also the author of Roman Public and Private Law (1894), Legal Procedure in Cicero's Time (1901), and Roman Public Life (1901), among many other works of ancient history. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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This comprehensive educational history of public schools in Hawai'i shows and analyzes how dominant cultural and educational policy have affected the education experiences of Native Hawaiians. Drawing on institutional theory as a scholarly lens, the authors focus on four historical cases representing over 150 years of contact with the West. They carefully link historical events, significant people, educational policy, and law to cultural and social consequences for Native Hawaiian children and youth. The authors argue that since the early (...) 1800s, educational policy in Hawai'i emphasizing efficiency has resulted in institutional structures that have degenerated Hawaiian culture, self-image, and sovereignty. Native Hawaiians have often been denied equal access to quality schools and resulting increased economic and social status. These policies were often overtly, or covertly, racist and reflected wider cultural views prevalent across the United States regarding the assimilation of groups into the American mainstream culture. The case of education in Hawai'i is used to initiate a broader discussion of similar historical trends in assimilating children of different backgrounds into the American system of education. The scholarly analysis presented in this book draws out historical, political, cultural, and organizational implications that can be employed to understand other Native and non-Native contexts. Given the increasing cultural diversity of the United States and the perceived failure of the American educational system in light of these changes, this book provides an exceptionally appropriate starting point to begin a discussion about past, present, and future schooling for our nation's children. Because it is written and comes from a Native perspective, the value of the "insider" view is illuminated. This underlying reminder of the Native eye is woven throughout the book in _Ha'awina No'ono'o_--the sharing of thoughts from the Native Hawaiian author. With its primary focus on the education of native groups, this book is an extraordinary and useful work for scholars, thoughtful practitioners, policymakers, and those interested in Hawai'i, Hawaiian education, and educational policy and theory. (shrink)

Combining her expertise in legal theory and her judicial practice in criminal law in a Court of Appeal, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with (...) judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works, Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.-Back cover. (shrink)

Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems, not only of inadequate protection of free speech, but also correlative failure to take seriously (...) the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia. (shrink)

This book provides a richly interdisciplinary assessment of the thought and work of Bryan Norton, one of most innovative and influential environmental philosophers of the past thirty years. In landmark works such as Toward Unity Among Environmentalists and Sustainability: A Philosophy of Adaptive Ecosystem Management, Norton charted a new and highly productive course for an applied environmental philosophy, one fully engaged with the natural and social sciences as well as the management professions. A Sustainable Philosophy gathers together a distinguished (...) group of scholars and professionals from a wide array of fields to engage Norton’s work and its legacy for our shared environmental future. A study in the power of intellectual legacy and the real-world influence of philosophy, the book will be of great interest scholars and students in environmental philosophy, public policy and management, and environmental and sustainability studies. By considering the value and impact of Norton’s body of work it will also chart a course for the next generation of pragmatic environmental philosophers and sustainability scholars grappling with questions of environmental value, knowledge, and practice in a rapidly changing world. (shrink)

"The largest Ebola outbreak to date—first detected in December 2013 and still ongoing as of April 2015—has cast new light on the shortfalls of international public health systems.1 As in previous health crises, scrutiny has reemerged over the pharmaceutical industry’s ability and willingness to innovate new medicines for underserved disease areas. The public debate has intensified following revelations that promising drug candidates to treat Ebola had gone undeveloped despite compelling preclinical results.2 This lack of development is especially troubling (...) because it occurred after a recently implemented U.S. incentive scheme—the Food and Drug Administration’s (FDA) tropical disease priority review voucher program—designed to counteract exactly this problem. Taking Ebola as a case in point, it is useful to examine the short history and ongoing refinement of this voucher program, since it represents one of the most significant legislative efforts to systematically address the relative absence of com- mercial rewards for drugs targeting tropical diseases. This analysis evaluates the voucher program’s effectiveness for both stimulating private sector innovation and achieving positive health impacts among populations most severely burdened by tropical diseases. It then proposes specific recommendations for how law- makers can improve the program’s legislation to better achieve these objectives. ". (shrink)

Objectives To investigate empirically the motivations for not consenting to DNA biobanking in a Swedish population-based study and to discuss the implications. Design Structured questionnaires and semistructured interviews. Setting A longitudinal epidemiological project (PART) ongoing since 1998 in Stockholm, Sweden. The DNA-collection wave took place during 2006–7. Participants 903 individuals completed the questionnaire (participation rate 36%) and 23 were interviewed. All individuals had participated in both non-genetic waves of the project, but refused to contribute saliva samples during the DNA-collection (...) wave. Main outcome measures Motivations behind refusing to consent to DNA biobanking, with subsequent focus on participants' explanations regarding this unwillingness. Results Public refusal to consent to DNA biobanking, as revealed by the questionnaire, was mainly explained by a lack of personal relevance of DNA contribution and feelings of discomfort related to the DNA being used for purposes other than the respective study. Interviews of individuals representing the second motivation, revealed a significant mistrust of DNA biobank studies. The underlying beliefs and attitudes were associated with concerns about integrity, privacy, suspiciousness and insecurity. However, most interviewees were supportive of genetic research per se and interpreted their mistrust in the light of distressing environmental influences. Conclusion The results suggest a need for guidelines on benefit sharing, as well as trustworthy and stable measures to maintain privacy, as a means for increasing personal relevance and trust among potential participants in genetic research. Measures taken from biobanks seem insufficient in maintaining and increasing trust, suggesting that broader societal measures should be taken. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:William James, A Pluralistic Universe. A New Philosophical ReadingRichard A. S. Hall William James, A Pluralistic Universe. A New Philosophical Reading. Ed. H. G. Callaway. Newcastle, U.K.: Cambridge Scholars Publishing, 2008.In 1907 William James was invited to give the Hibbert Lectures at Manchester College, Oxford. Initially he was reluctant to do so since he feared undertaking them would divert him from developing rigorously and systematically some (...) metaphysical ideas of his own that had preoccupied him for some time. [End Page 130]In the end, however, he relented and in the spring of 1908 gave the lectures which were subsequently published as A Pluralistic Universe.As it happened, though, in the course of these lectures James presented some of those metaphysical ideas, though in a popular and informal style appropriate to lecturing. Later on he did get down to working out a systematic metaphysics in proper academic style, but the project was cut short by his untimely death in 1910. The incomplete Some Problems of Philosophy,posthumously published in 1911, recapitulates some major themes of A Pluralistic Universe.When James addressed his Oxford audience, the time was ripe for the advancement of his own brand of metaphysical pluralism and radical empiricism in opposition to the still-regnant forms of monistic idealism as represented by Bradley, Green, and Royce. The hegemony in the philosophical world long enjoyed by idealism was beginning to break up—something noted by James in his first lecture—due in no small part to the very ideas aired in his lectures and the then newly emerging schools of pragmatism and realism. The period between 1914 and 1918 not only rings the death knell of European imperialism but also, significantly, marks the watershed between nineteenth-and twentieth-century philosophy.The argument of A Pluralistic Universerevolves around the Parmenidean conundrum of the one-and-the-many. It is the solution to this problem that was the main bone of contention between James and absolute idealists like F. H. Bradley, T. H. Green, and Josiah Royce. For them, the world in reality is but one thing, though appearing illusorily as many, with a pervasive unity throughout—it is a "block-universe," to use James's expression for it; for James, by contrast, the world is irreducibly many things whose unities are partial and shifting. The gravamen of James's objections to absolute idealism was its monism, though he objected no less strenuously to other ideas associated with it: its doctrine of internal relations; its determinism; and, in particular, its deprecation of experience in favor of concepts (what James condemns as "vicious intellectualism"). James proposed, against this monolithic idealism, the alternative hypothesis of metaphysical pluralism. Here he affirmed the reality of external relations (particularly conjunctions) among things and the continuities within experience, thereby making his empiricism "radical." He approached experience phenomenologically, finding it, not concepts, to be constitutive of reality, the value of concepts being more practical than theoretical. He conceived of the universe as being open-ended, where human agency can make a difference for the better.A subtext of A Pluralistic Universeis James's advocacy of something like [End Page 131]traditional theism in contradistinction to the pantheism of absolute idealism. He rightly notes that the Absolute is not the God of Christianity. He believes that his pluralistic ontology allows for, and the religious experiences of people abundantly attest to, the existence of a personal God, albeit a finite one, with whom communion and commerce is possible. At a deeper, psychological level, though, A Pluralistic Universeis an expression of James's own desire to feel "at home" in the universe, a desire, I should add, that he shares with many protagonists of classic American fiction, and which is perhaps intensified by the experience of inhabiting and accommodating one's self to the relatively unfamiliar New World. He complains about the "foreignness" of the Absolute in objective idealism and of that sovereign God, in traditional theisms, subsisting beyond all human influence or effects.Howard Callaway's recent edition of James's Hibbert Lectures joins the Harvard edition of them, with a foreword by Richard J. Bernstein, as an indispensable volume of James's... (shrink)

This symposium issue of the Journal of Law, Medicine & Ethics indicates that interest in public health law in the United States is enjoying a renaissance. The focus of the articles reflects this renaissance, as they explore the state of public health law in various contexts within the United States. Additionally, all but one of the symposium authors plies his or her trade at a university, institution, or government agency in the United States. My task (...) here is different: I focus on public health law within the context of international relations.Analyzing public health law with an international perspective proves no easy assignment. Examining the role of public health law in the proverbial global village takes the analysis out of the familiar territory of law operating within a single sovereign state. The analysis could take two forms. One could compare different national systems of public health law on specific issues. Such a comparative law approach would be interested in, for example, how the public health laws of the United States and South Africa differ in connection with regulating tobacco consumption. (shrink)

This symposium issue of the Journal of Law, Medicine & Ethics indicates that interest in public health law in the United States is enjoying a renaissance. The focus of the articles reflects this renaissance, as they explore the state of public health law in various contexts within the United States. Additionally, all but one of the symposium authors plies his or her trade at a university, institution, or government agency in the United States. My task (...) here is different: I focus on public health law within the context of international relations.Analyzing public health law with an international perspective proves no easy assignment. Examining the role of public health law in the proverbial global village takes the analysis out of the familiar territory of law operating within a single sovereign state. The analysis could take two forms. One could compare different national systems of public health law on specific issues. Such a comparative law approach would be interested in, for example, how the public health laws of the United States and South Africa differ in connection with regulating tobacco consumption. (shrink)

The quality of doctoral-level biochemistry (N=139), botany (N=83), cellular/molecular biology (N=89), microbiology (N=134), physiology (N=101), and zoology (N=70) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: (1) program size; (2) characteristics of graduates; (3) reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); (4) university library size; (5) research support; and (6) publication records. Chapter I discusses prior (...) attempts to assess quality in graduate education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the biochemistry, botany, cellular/molecular biology, microbiology, physiology, and zoology programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that cellular/molecular biology programs had, on the average, the largest number of faculty and that students in cellular/molecular biology, biology, biochemistry, microbiology, and physiology received a relatively high fraction of financial support. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

Kant’s theory of evil, presented most fully in his Religion within the Boundaries of Mere Reason, has been consistently misinterpreted since he first presented it. As a result, readers have taken it to be a mess of inconsistencies and eccentricities and so have tried to mine it for an insight or two, dismissed it altogether, or sought to explain how Kant could have gone so wrong. In this work, I provide an interpretation of Kant’s theory of evil that renders (...) it consistent and plausible. The main problem Kant tries to solve with his theory of evil is the problem of willful immorality: how can someone who sees her moral obligations as overridingly authoritative willingly (and so culpably) transgress them? Kant’s answer is that we do so by indulging various “moral fantasies” – ways of reconceiving the moral law or one’s status in relation to it. By entertaining, e.g., the fantasy that one is exempt from the moral law’s commands (“the exceptionalist fantasy”), or that one cannot live up to them (“despondency”), or that one need only to live up to society’s standards rather than moral demands (“the adequacy fantasy”) – one persuades oneself that the duty the moral law demands one to perform is only optional. Moral fantasies appeal only because of the presence, in everyone, of the “propensity to evil,” which makes the moral law’s commands seem less authoritative, thereby strengthening one’s sensuous desires. As a result, moral fantasies thereby diminish the urgency of moral obligations, and so tempt us to entertain them. Scholars of Kant have missed this explanation of wickedness because they have restricted their attention to the Religion, a work whose gnomic statements on evil are difficult to interpret when isolated from the larger context of Kant’s thinking. Assaying Kant’s thinking on immorality from the mid-1780s to the late 1790s shows that Kant’s main concern with evil was not so much its nature, but its very possibility. Evaluating the Religion in this context reveals it to be a fruitful resource for explaining the moral psychology of immorality, a problem we still deal with today, and that is possibly. (shrink)

Aristophanes' last two surviving plays, Assemblywomen and Wealth, have long been regarded as something of an enigma. The changes in structure – the diminution in the role of the chorus, the disappearance of the parabasis, etc. –, as well as the shift of interest away from the immediacies of current politics towards broader social themes, can reasonably be interpreted as an early stage of the process that ultimately transformed Old Comedy into New, even if it is unlikely ever to be (...) finally agreed whether Aristophanes was leading or following this trend. The decline in freshness, in verbal agility, in sparkle of wit, in theatrical inventiveness, which is perceptible in the earlier play and very marked in the later, may be put down to advancing years and diminishing inspiration. Such an explanation squares with the evidence of a marked decline in Aristophanes' productivity towards the end of his life. Whereas in the first seven years of his career he seems to have produced, or had produced for him, not less than ten plays, and in the years 420–405 approximately another eighteen, the twenty years or so that followed Frogs yielded a further eleven at the very most unless some titles have been completely lost; and since it is not likely that after the outstanding success of Frogs, and the public recognition that followed it, Aristophanes would have experienced any difficulty in securing a chorus, the explanation can only be that he was writing less. But the truly puzzling feature of the two late plays we possess is the apparent sea-change in the author's social orientation. In his fifth-century plays, from Acharnians toFrogs, as has been shown by de Ste Croix, Aristophanes reveals himself as one who instinctively speaks the language and thinks the thoughts of the well-to-do, even if at the same time he can laugh with the common man at ostentatious and useless wealth in the shape of Pyrilampes' peacocks, Leogoras' pheasants or the sultan-like garments of an Athenian imperial official – as one who was happy for the Demos to be sovereign so long as it was willing to be guided by the advice of its' betters', the καλоί тε κáγоθоί of Knights 738 or Frogs 727–9, and to leave them in the quiet enjoyment of their property. At first sight in Assemblywomen and Wealth this seems to have changed almost diametrically. (shrink)

For over four decades, the topic of Chief Executive Officer (CEO) compensation has attracted considerable attention from the fields of economics, finance, management, public policy, law, and business ethics. As scholarly interest in CEO pay has increased, so has public concern about the ethics of high CEO pay. Despite growing interest and pressure among the public and government to reduce CEO pay, it has continued to increase. Using a multi-method design incorporating a pilot study, two online (...) experiments, and an event study, we investigate the impact of CEO pay on consumer purchase intent and find that this negative relationship is magnified under conditions of brand crisis. We also find that the negative interaction of high CEO pay and brand crisis on purchase intent is more negative when the brand has strong equity. Finally, when the CEO is awarded high pay while the firm they manage is undergoing a brand crisis, consumers lose trust in the firm’s brand which reduces consumer purchase intent. This research provides insight on how governance decisions can impact consumer perceptions of corporate brands and consumer behavior, with implications for public policy leaders, boards of directors, CEOs, and Chief Marketing Officers regarding how to manage and message CEO pay. (shrink)

These lectures of Heidegger on Hegel’s Phenomenology were given in the winter semester 1930–1931 in Freiburg. This was only a few years after the publication of Being and Time and Kant and the Problem of Metaphysics; much of the language harks back to those works. The lectures predate by twelve years the essay “Hegel’s Concept of Experience” and by about twenty-seven years the discussions of Hegel in Identity and Difference and “Hegel and the Greeks.” As is the case with Heidegger’s (...) course lectures, these are easier reading than the essays and books. It would be unfortunate, however, if their greater length and comparative clarity were to give them a special prominence among Heidegger’s views on Hegel, since the later treatments are more sophisticated. (shrink)

Since literary historian Robert Bone published his seminal essay ‘Richard Wright and the Chicago Renaissance’ in 1986, scholars have created new cartographies of previously unexplored terrain in American cultural history. The earliest studies focused on literature, but more recently attention has turned to other disciplines, including visual arts. Recent publication of The Muse in Bronzeville: African American Creative Expression in Chicago, 1932–1950 (2011) by Robert Bone and Richard A. Courage promises to decisively broaden scholarly understandings of the (...) scope and significance of Chicago-centred cultural production during the Great Depression and post-war years. Of particular relevance to contemporary studies of new media art is the manner in which then-emergent ideas and practices – centring on racialized subject matter, elite and mass audiences, traditional and new mediums of expression, private vs public sponsorship, and passive vs active reception of art objects – converged to create new paradigms and possibilities for visual artists to reshape consciousness in a period of institutional collapse and change. Chicago’s New Negro artists of the 1930s and 1940s, like their counterparts in 1920s Harlem, sought to reframe perceptions of African American life, to re-present the black subject as something other than an object of contempt or amusement beneath the privileged gaze of the white viewer. Just as these artists sought to revise perceptions of racial reality, examination of the wide range of actual images they created and the mediums and styles they explored revises reductive notions about creative expression in this period, which often portray a mere subordination of art to propaganda and an embrace of representational aesthetics and simplistic narratives in a fruitless detour in the evolution from modernism to postmodernism. On the contrary, Andrew Hemingway notes the range of stylistic experiment and characterizes so-called ‘social art’ as ‘a hybrid and unstable mode [which] had to carry the imperative to be an art equal in formal achievement to both the great art of the past and the modern tradition … [and] to suggest a political orientation without becoming overt revolutionary propaganda’ (2002).New media theorist Oliver Grau observes thatIn many quarters, virtual reality is viewed as a totally new phenomenon… but it did not make its first appearance with the technical invention of computer-aided virtual realities. On the contrary, virtual reality forms part of the core of the relationship of humans to images… grounded in art traditions that have receivedscant attention up to now.(2004)In the midst of another period of change, of transformed and transforming ideas and practices in the arts, we have much to learn from the attempts of Chicago’s New (Media) Negro artists to create ‘art for the people’, to immerse broad audiences in such accessible media as mural painting, photography and graphic arts. (shrink)

The quality of doctoral-level chemistry (N=145), computer science (N=58), geoscience (N=91), mathematics (N=115), physics (N=123), and statistics/biostatistics (N=64) programs at United States universities was assessed, using 16 measures. These measures focused on variables related to: program size; characteristics of graduates; reputational factors (scholarly quality of faculty, effectiveness of programs in educating research scholars/scientists, improvement in program quality during the last 5 years); university library size; research support; and publication records. Chapter I discusses prior attempts to assess quality in graduate (...) education, development of the study plans, and the selection of disciplines and programs to be evaluated. Chapter II discusses the methodology used, focusing on each of the assessment measures. Chapters III to VIII present, respectively, findings from the analyses of the chemistry, computer science, geoscience, mathematics, physics, and statistics/biostatistics programs. Chapter IX includes a summary of results, correlations among measures, several additional analyses, and suggestions for future studies. Among the findings reported are those indicating that mathematics programs had, on the average, the largest number of faculty (N=33) in December 1980 followed closely by physics (N=28) and chemistry (N=23), and that 80 percent of computer science students had job commitments by graduation. (Survey instruments and supporting documentation are included in appendices.) (JN). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 233-244 [Access article in PDF] Joseph Butler on Forgiveness: A Presupposed Theory of Emotion Paul A. Newberry "I forgive him as far as humanity can forgive. I would do him no injury." Mrs. Dale in Anthony Trollope's The Last Chronicle of Barset, 1867. In the recent philosophical literature on forgiveness, a topic of great concern is the proper characterization of forgiveness (...) or, said in another way, the proper definition of forgiveness. Forgiveness has been defined in a multitude of ways: among others, as the overcoming of resentment, the overcoming of moral hatred, as a speech act, and as forbearance. Of these definitions the one that enjoys anything close to a kind of consensus is that forgiveness is the overcoming of resentment. This position, with various qualifications and stipulations, is held by numerous philosophers, among them R. S. Downie, Kathleen Dean Moore, A. C. Ewing, Martin Hughes, and Jeffrie Murphy. 1 The progenitor of this view is widely acknowledged to be Joseph Butler, who wrote sermons on both resentment and forgiveness nearly three hundred years ago. 2In this paper I will demonstrate that the attribution of this definition of forgiveness to Butler is in error: he did not define forgiveness as the overcoming of resentment but rather as the checking of revenge, or forbearance. Aside from the goal of setting the historical record straight, I have a broader and more important purpose in this essay. One sees that such an interpretation of Butler must provoke two questions. First, why did Butler define forgiveness only in terms of how one is to act, therefore paying no attention, apparently, to how one feels? Second, how do Murphy and the others incorrectly attribute this view to Butler? [End Page 233] I contend that these answers can be addressed if we take a close look at the role of emotions and theories of emotion in the definitions offered by Butler and Murphy (as representative of the group). I will attempt to establish that Butler's definition of forgiveness as the checking of revenge presupposes a feeling theory of emotions which is distinct from and in conflict with--in many ways pertinent to forgiveness--the cognitive theory of emotions presupposed by Murphy's definition. If I am successful in showing this claim to be plausible, then I will also have demonstrated that more attention needs to be paid to theories of emotion underlying work on forgiveness. But since the misinterpretation of Butler is widespread among contemporary writers on forgiveness and not peculiar to Murphy, my claim is a gesture toward what I take to be a problem greater than mere misinterpretation. Given the fact that a feeling theory of emotions was the predominant theory among philosophers in Butler's day until the end of the nineteenth century and that cognitive theory is currently a dominant philosophical theory, I fear that what has happened is that modern commentators on Butler are unaware that they are imposing their own presupposed theories of emotion onto a text from an earlier historical period.The plan of the paper is first to show by careful exegesis how Butler characterizes forgiveness and then, after a brief sketch of the difference between feeling theory and cognitive theory, to demonstrate how Butler's definition presupposes the former and Murphy's the latter. I will conclude with a few remarks about the import of these findings.Joseph Butler's treatment of forgiveness is found in a collection of his sermons first published as Fifteen Sermons in 1726. 3 Included in this collection are two sermons of primary importance to the topic of forgiveness: a sermon on resentment (Sermon VIII) and a subsequent sermon on forgiveness (Sermon IX). An understanding of Butler's definition of forgiveness properly begins with his sermon on resentment in which he distinguishes between two different kinds of resentment. One kind he calls "hasty and sudden" resentment, the other "settled and deliberate" resentment. 4 Hasty and sudden resentment is generally (and naturally) the result of sudden hurt or violence. 5... (shrink)

This symposium issue of the Journal of Law, Medicine & Ethics is about public health law, not health-care law. There is a difference. Most scholarly writing has examined the rich and textured field of health-care law or law and medicine. This field revolves around several broad themes related to the health-care system: delivery, financing, and research and innovation.In studying health-care delivery, scholars have examined everything from the physician/patient relationship to systems of care. In studying financing, scholars have (...) examined theories of competition and justice to ensure cost-efficient access to care. And in studying research and innovation, scholars have studied everything from human subject protection to intellectual property. (shrink)

This symposium issue of the Journal of Law, Medicine & Ethics is about public health law, not health-care law. There is a difference. Most scholarly writing has examined the rich and textured field of health-care law or law and medicine. This field revolves around several broad themes related to the health-care system: delivery, financing, and research and innovation.In studying health-care delivery, scholars have examined everything from the physician/patient relationship to systems of care. In studying financing, scholars have (...) examined theories of competition and justice to ensure cost-efficient access to care. And in studying research and innovation, scholars have studied everything from human subject protection to intellectual property. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better (...) understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (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)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been attributed (...) to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars (...) everywhere on the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars (...) everywhere on the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

This book seeks to build bridges between neuroscience and social science empirical researchers and theorists working around the world, integrating perspectives from both fields, separating real from spurious divides between them and delineating new challenges for future investigation. Since its inception in the early 2000s, multilevel social neuroscience has dramatically reshaped our understanding of the affective and cultural dimensions of neurocognition. Thanks to its explanatory pluralism, this field has moved beyond long standing dichotomies and reductionisms, offering a neurobiological perspective (...) on topics classically monopolized by non-scientific traditions, such as consciousness, subjectivity, and intersubjectivity. Moreover, it has forged new paths for dialogue with disciplines which directly address societal dynamics, such as economics, law, education, public policy making and sociology. At the same time, beyond internal changes in the field of neuroscience, new problems emerge in the dialogue with other disciplines. Neuroscience and Social Science - The Missing Link puts together contributions by experts interested in the convergences, divergences, and controversies across these fields. The volume presents empirical studies on the interplay between relevant levels of inquiry (neural, psychological, social), chapters rooted in specific scholarly traditions (neuroscience, sociology, philosophy of science, public policy making), as well as proposals of new theoretical foundations to enhance the rapprochement in question. By putting neuroscientists and social scientists face to face, the book promotes new reflections on this much needed marriage while opening opportunities for social neuroscience to plunge from the laboratory into the core of social life. This transdisciplinary approach makes Neuroscience and Social Science - The Missing Link an important resource for students, teachers, and researchers interested in the social dimension of human mind working in different fields, such as social neuroscience, social sciences, cognitive science, psychology, behavioral science, linguistics, and philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Imagining Karma, Ethical Transformation in Amerindian, Buddhist, and Greek RebirthA. L. HermanImagining Karma, Ethical Transformation in Amerindian, Buddhist, and Greek Rebirth. By Gananath Obeyesekere. Berkeley: University of California Press, 2002. 448 pp.Gananath Obeyesekere, professor emeritus of anthropology at Princeton University, is probably one of the world's greatest living anthropologists. The proof of that assertion lies in this his latest work on comparative anthropology, a study of the concept (...) and practice of rebirth—"reincarnation" as he calls it—from ancient Greece and India to modern West Africa, Melanesia, and North America. In what follows let me briefly set forth what I understand his central thesis to be, the evidence for it, and the conclusions to be drawn from it. I will end with two very modest problems connected with this altogether intriguing and brilliant investigation into the doctrine of rebirth.As a modified structural anthropologist, Gananath Obeyesekere rejects the rationalist model structuralism of Claude Levi-Strauss. He follows instead the lead of two of his empiricist predecessors, Max Weber and Fernand Braudel, pointing out that structures, types, or models "are constructions of scholars, not universals waiting to be discovered" (p. 351). Consequently, as this book aptly proves, Obeyesekere's own "imagined" models are based on parole data following the actual language of the cultures being studied.Obeyesekere thus begins his book with an elementary rebirth structure based on such parole. He refers to this primitive, first structure as "rebirth eschatology," which entails the rebirth of a deceased's soul into the body of a newborn relative of the deceased but without any determining ethical component as found in the more sophisticated and complex "karmic eschatologies." Such ethically neutral kin group rebirths are found among certain small-scale societies in West Africa, the Trobriand Islands, the Northwest American coast tribes, and the Inuits (Eskimos). Obeyesekere [End Page 303] draws extensively on field studies of these groups to bolster his conclusions about them. This simple rebirth eschatology is non-Indic in origin, Obeyesekere claims, since no evidence of influences have been found between these practitioners of rebirth eschatology and work relating to the Indic religions (Hinduism and Buddhism). The entry of the soul into postdeath life, either in this world or the world of the ancestors, depends not at all, consequently, on one's this-worldly behavior such that "morality does not affect the fate of the soul after death" (p. 74).Obeyesekere turns next to the "transformation" of this rebirth eschatology. It occurs with the introduction of the concept of ethicization, "the processes whereby morally right or wrong action becomes a religiously right or wrong action that in turn affects a person's destiny after death" (p. 75). It is Obeyesekere's contention that when ethicization is systematically introduced into any rebirth eschatology the latter must logically transform itself into a so-called "karmic eschatology." In other words, this second topological model or conceptual structure, karmic eschatology, the new ethicized rebirth eschatology, says that the otherworld for the dead is not simply a way station for departed souls waiting to be reborn, but rather that otherworld is now a place of retribution and punishment. Kinship affiliation alone no longer determines who goes where after death but moral action does. My own guess is that rebirth eschatology was introduced to answer the question of why the grandchild resembles the deceased grandparent. Karmic eschatology, on the other hand, was probably introduced to solve a more complex and sophisticated puzzle: Why is it, if there really is justice in the universe, that the wicked never get appropriately punished and the good never get sufficiently rewarded? At this stage of transformation, the law of karma, or some other principle of universal justice, now says that everyone gets what's coming to them, either in this life or the next, and that rebirth is necessary to make that principle of justice workable.1 In arguing that "rebirth cannot be divorced from ethics; it looks as if it is generated from ethics" (p. 82), Obeyesekere would seem to concur that karmic eschatology was introduced to answer the question: Why do the wicked seem to prosper and the good appear to suffer?Following... (shrink)

Extraterrestrial Altruism examines a basic assumption of the Search for Extraterrestrial Intelligence (SETI): that extraterrestrials will be transmitting messages to us for our benefit. This question of whether extraterrestrials will be altruistic has become increasingly important in recent years as SETI scientists have begun contemplating transmissions from Earth to make contact. Technological civilizations that transmit signals for the benefit of others, but with no immediate gain for themselves, certainly seem to be altruistic. But does this make biological sense? Should we (...) expect altruism to evolve throughout the cosmos, or is this only wishful thinking? Is it dangerous to send messages to other worlds, as Stephen Hawking has suggested, or might humankind benefit from an exchange with intelligence elsewhere in the galaxy? Would extraterrestrial societies be based on different ethical principles, or would we see commonalities with Earthly notions of morality? Extraterrestrial Altruism explores these and related questions about the motivations of civilizations beyond Earth, providing new insights that are critical for SETI. Chapters are authored by leading scholars from diverse disciplines—anthropology, astronomy, biology, chemistry, computer science, cosmology, engineering, history of science, law, philosophy, psychology, public policy, and sociology. The book is carefully edited by Douglas Vakoch, Director of Interstellar Message Composition at the SETI Institute and professor of clinical psychology at the California Institute of Integral Studies. The Foreword is by Frank Drake. This interdisciplinary book will benefit everybody trying to understand whether evolution and ethics are unique to Earth, or whether they are built into the fabric of the universe. (shrink)

Experiential evidence shows that pain is associated with common meanings. These include a meaning of threat or danger, which is experienced as immediately distressing or unpleasant; cognitive meanings, which are focused on the long-term consequences of having chronic pain; and existential meanings such as hopelessness, which are more about the person with chronic pain than the pain itself. This interdisciplinary book - the second in the three-volume Meanings of Pain series edited by Dr Simon van Rysewyk - aims to better (...) understand pain by describing experiences of pain and the meanings these experiences hold for the people living through them. The lived experiences of pain described here involve various types of chronic pain, including spinal pain, labour pain, rheumatic pain, diabetic peripheral neuropathic pain, fibromyalgia, complex regional pain syndrome, endometriosis-associated pain, and cancer-related pain. Two chapters provide narrative descriptions of pain, recounted and interpreted by people with pain. Language is important to understanding the meaning of pain since it is the primary tool human beings use to manipulate meaning. As discussed in the book, linguistic meaning may hold clues to understanding some pain-related experiences, including the stigmatisation of people with pain, the dynamics of patient-clinician communication, and other issues, such as relationships between pain, public policy and the law, and attempts to develop a taxonomy of pain that is meaningful for patients. Clinical implications are described in each chapter. This book is intended for people with pain, their family members or caregivers, clinicians, researchers, advocates, and policy makers. (shrink)

Human genomics is a translational field spanning research, clinical care, public health, and direct-to-consumer testing. However, law differs across these domains on issues including liability, consent, promoting quality of analysis and interpretation, and safeguarding privacy. Genomic activities crossing domains can thus encounter confusion and conflicts among these approaches. This paper suggests how to resolve these conflicts while protecting the rights and interests of individuals sequenced. Translational genomics requires this more translational approach to law.

In her highly influential 1984 study Abortion and the Politics of Motherhood, Kristin Luker speculates that opposition to legal abortion among women was likely to be strongest among those who were full-time homemakers without a college education. But despite a marked decline in that demographic group and a well-documented rise in public support for gender equality since then, the rate of support for legal abortion has remained stubbornly fixed at between fifty and fifty-five percent. This tepid (...) support has coincided with a steep decline in abortion services in rural states, and ever more sweeping restrictions on abortion being tested in the courts. Karissa Haugeberg's Women against Abortion and Katie Watson's Scarlet A both seek to address this state of affairs, albeit in markedly different ways. Haugeberg provides a historical chronicle of the motives and strategies of certain key women activists in the fight against legal abortion, with an eye toward how their concerns “came to serve as blueprints to legislators and judges who continue to craft policies and laws that erode women's right to abortion”. Katie Watson draws upon her experience as an attorney and bioethicist to write a guide “intended to encourage and equip you to engage in respectful, productive, private conversation about your experience with, and opinion of, abortion”. Though both authors reveal their support for legal abortion, both are concerned to understand the motives and goals of those who fight against it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Holly Flora’s published dissertation is a critical contribution to scholarship of the origins of the Meditationes Vitae Christi, a text strongly associated with the preaching and prayer habits of the early Franciscan order and perhaps the most representative example of the late-Medieval devotional and pictorial phenomenon often summarized as the “Vita Christi tradition.” For almost a century, art historians have invoked the MVC to explain iconographic innovations in late-Medieval (...) and Renaissance art, in particular the emergence of apocryphal images of the early life of Christ. In contrast to these earlier art-historical uses of this text, Flora advocates for a re-contextualization of the MVC. She joins scholars, in particular Isa Ragusa, who suggest that the didactic content and devotional strategies of the MVC reflect a particularly Franciscan strain of the Vita Christi, one aligned with the cura monialium , and argues that it was probably composed by a Franciscan friar for the spiritual benefit of a Poor Clare. The MVC’s distinctive emphasis on themes of virginity, silence, and enclosure support this interpretation, as do a series of interjected prompts or imperatives for the reader to visualize herself participating in poignant events that underscore the humanity of Christ and promote affective devotion. Flora sees the MVC as an attempt by a friar to reconcile the competing Franciscan notions of the vita activa and vita contemplativa in the interests of a cloistered nun under his care; the performative devotional strategies offered by the MVC would have afforded her the means to engage actively—even if only virtually—in a life of extreme poverty or to engage in charitable public giving as exemplified by the lives of Christ and the Virgin, opportunities Flora suggests were not readily available to a cloistered nun.Association of the MVC with the Poor Clares is bolstered by the manuscript that probably contains the closest witness to the original version of this text . The author’s compelling consideration of the textual, material, and pictorial content of Ms. ital. 115 supports the claim that it was made in Pisa around 1340–50 for the community of Poor Clares at the convent of San Martino. Although written on paper rather than parchment and painted in a humble watercolor technique, Ms. ital. 115 contains the lengthiest extant pictorial cycle of any version of the MVC, a characteristic that agrees with the image-centric devotional practices of medieval nuns. Flora’s comparison of those few MVC manuscripts that contain pictorial cycles of comparable length casts into relief those discrete iconographic characteristics of the Ms. ital. 115 cycle. Most telling are ubiquitous images of women that resemble Poor Clares, regular sewing companions of the Virgin, whose presence indicates the illuminators’ attentions to the interests and identities of their audience.Having established Ms. ital. 115’s Clarissan context, the remainder of the Devout Belief of the Imagination is a consideration of a Poor Clare’s interaction with the manuscript. Flora describes this experience as an intensely emotional didactic process that begins with instruction and culminates in imaginative devotional performances where Mary constitutes the main paradigm for female monastic conduct. The extensive account of the Virgin’s childhood in the Temple, for example, supplies a progressive lesson for a young nun on the virtues of discipline and devotion. The culmination of this spiritual maturation process is the extraordinary text-image structure of the Circumcision of the Christ child by his Mother. Not only does this event resonate with Franciscan typology, but as Flora demonstrates, Mary’s privileged position in sharing the suffering of Christ offers a powerful introduction to the affective devotional strategy that structures the viewer’s experience of the remainder of the manuscript. Extended pictorial sequences that follow metaphorically address the cloistered condition of a Poor Clare viewer and her particular spiritual needs. The Holy Family’s Flight into Egypt and their.. (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things (...) shameful to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Cult of Nothingness: The Philosophers and the BuddhaA. J. NicholsonRoger-Pol Droit. The Cult of Nothingness: The Philosophers and the Buddha. Translated by David Streight and Pamela Vohnson. Chapel Hill: University of North Carolina Press, 2003. Pp. xii + 263.Roger-Pol Droit's recently translated study, The Cult of Nothingness: The Philosophers and the Buddha, is not a book about Buddhism per se. Rather, it is a rich and theoretically (...) sophisticated overview of the reception of Buddhism in Europe that deserves shelf space alongside Wilhelm Halbfass' India and Europe and Raymond Schwab's The Oriental Renaissance. But while some of the figures Droit covers may be familiar from these other studies in the history of orientalism, Droit's book has its own unique narrative thread. Specifically, Droit wishes to examine the once widespread notion that Buddhism is a nihilistic religion, a religion that worships nothingness. His central thesis is that this conception of a nihilistic religion really wasn't about Buddhism at all, but "that Europe... was speaking only of herself." Droit sees in the cult of nothingness the subconscious expression of a crisis of foundations among nineteenth-century European intellectuals, as well as a "hidden laboratory for the theoretical development of European nihilism."Along the way to illustrating this thesis, Droit leads a masterful and extremely entertaining tour of the opinions of early Buddhologists and Eastward-looking philosophers, some of whom have seldom been documented elsewhere. He also provides an enormous bibliography of European writings on Buddhism from 1638 to 1890. In the eighteenth and early nineteenth centuries, the Buddha was often identified as one of many gods belonging to an inchoate and primitive world of mythical concordances. Thus, George Stanley Farber wrote in 1816 that "the primeval Buddha... is the same as Vishnu, or Shiva, or Osiris." Writers in this genre were especially fond of identifying the Buddha with the god Mercury. The sole reason, it seems, was simple linguistic confusion-the word for the planet Mercury in Sanskrit is budha, one letter short of buddha. Furthermore, the preeminent Indologist Sir William Jones posited the identity of the Norse god Woden and Buddha; this was later taken up by A. W. Schlegel in his Indische Bibliothek, and eventually influenced the publication of such unforgettable titles as Holmboe's Traces du Buddhisme en Norvège avant l'introduction du Christianisme. Jones elsewhere hinted that the Buddha might have been of Ethiopian, rather than Indian origin, and this set off another wave of speculation. To reconcile theories of a primordial god named Buddha with new evidence that the Buddha had been a man who had lived at a relatively recent date, for a short time a theory of two Buddhas emerged, first suggested by Antione Augustin Giorgi, and later taken up by Jones himself.Droit sees Hegel as the single figure most responsible for establishing the link between Buddhism and nothingness that endured in the nineteenth-century philosophical imagination. Droit painstakingly charts Hegel's changing attitudes toward Buddhism over the course of his lectures from 1822 to 1831. In spite of, or perhaps because of, Hegel's familiarity with all of the most recent secondary works on Buddhism, he had great difficulty in integrating Buddhism into his philosophical grand [End Page 577] narrative. But his most enduring interpretation of Buddhism came in 1827, when he asserted that for Buddhism, "Saintliness consists in man uniting himself with God, with nothingness, with the absolute in this destruction, in this silence.... Man must make himself nothing." Hegel did not get this idea from his contemporaries, but from an earlier stratum of writing on Buddhism, that of seventeenth- and eighteenth-century Jesuit missionaries. After this portrayal of Buddhism became prevalent in European philosophical circles, an extraordinary debate developed. The notion of a religion that worships nothingness was so contrary to common sense that it threatened the Enlightenment conviction that there existed a single, universal human nature. Jules Barthélmy Saint-Hilaire summed it up quite clearly: "In the presence of a phenomenon so curious and so deplorable... one might ask... if, in those climates where life is so horrific and nothingness is worshiped instead of God, human nature is... (shrink)