This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for women‘s inequality in employment is (...) found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

This paper compares and evaluates two forms of dissent: civil disobedience — protests by citizens against the laws or actions of their government; and whistleblowing — disclosure by employees of illegal, immoral or questionable practices by their employees. Each is identified, the conceptual issues are distinguished from strategic and normative ones and parallel moral questions posed. Should one first dissent within prescribed channels before going outside them? Should one act publicly or is withholding one's identity permissible or desirable? What is (...) the basis and limits for one's loyalty to one's country or employer, and how can transgressing these limits be morally justified? (shrink)

In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has (...) allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient. (shrink)

This book explores how the Hebraic and classical traditions forming our Western heritage combined from about 300 BCE to 300 CE. James Arieti investigates the principal causes of the merger in the common model of God that developed in the Greek philosophical schools, along with its ethical implications, and the shared portrayal in biblical, rabbinic, and postclassical literature of the compassionate warm character that we recognize as a mentsh.

Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need (...) to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover. (shrink)

Thomas Hobbes’s Leviathan is well known for presenting a political philosophy based on a mechanistic account of human beings that offers the pain–pleasure response (or the peace–fear response) as a basis on which to make political choices. Although it has been subjected to countless treatments over the centuries, its account of civil religion in Part 3, “Of a Christian Commonwealth”, based on a highly original reading of the Bible, is deserving of further examination. Following an overview of a long line (...) of pagan and later monotheistic Christian and Muslim thinkers who advance the position that religion is a way of civilizing or uniting the masses, including Thucydides, Cicero, Augustine, Ibn Sina (Avicenna), Ibn Rushd (Averroes) and Pomponazzi, amongst others, I argue that Hobbes turns this notion on its head by arguing that religion can cause the de-civilizing of the masses, and indeed can foment civil war, leading him to the solution of separating belief from practice, with the former a solely private matter and the latter the exclusive purview of the state. In its Hobbesian schema, this great divorce of belief and practice – rather than a call for tolerance or pluralism – is sacrifice that is necessary in order to create the religious homogeneity required to sustain the body politic in the form of the great Leviathan. (shrink)

This study of the comparative ethics of war seeks to open a discussion about whether there are universal standards in the ideologies of warfare between the major religious traditions of the world. The project looks at the ideology of war in the major Asian religious traditions. Does our exploration of the ethics of war in Asian civilizations have any bearing on the pressing questions of armed conflict today? It has become clear that Islamic ethics and law contain sophisticated concepts (...) of both just war (jus ad bellum) and just warfare (jus in bello) . The contributions of this work explore the central issues of just war in non-Western religious traditions. This new approach will be of interest to scholars of religion and war studies. (shrink)

The aim of this paper is to offer a comparative survey of Bacon's theory and practice of natural history and of civil history, particularly centered on their relationship to natural philosophy and human philosophy. I will try to show that the obvious differences concerning their subject matter encompass a number of less obvious methodological and philosophical assumptions which reveal a significant practical and con ceptual convergence of the two fields. Causes or axioms are prescribed as the theoretical end-products of (...) natural history, whereas precepts are envisaged as the speculative outcomes derived from perfect civil history. In spite of this difference, causes and precepts are thought to enable effective action in order to change the state of nature and of man, respectively. For that reason a number of common patterns are to be found in Bacon's theory and practice of natural and civil history. (shrink)

The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to its (...) old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

The purpose of this investigation is to define the central issues of the current and future relations between the Western and Chinese civilizations through the evaluation of the myths and realities of these relations. The methodology is based on an interdisciplinary big-picture view of the world scene, driven by the global economy and civilization with an attempt to compare both civilizations according to key criteria. Among the findings are: Today China has become a “robot” of the West. Due to its (...) old culture and ability to invent important civilizational tools, China is becoming an independent developer of its own economic power, and it is very probable that it will surpass its master sooner or later. Due to its transformation to a global civilization, Western civilization has lost its Christian values and adopted new ones based on business. It is probable that the economic success of China will lead to a clash between civilizations, both grasping for access to the strategic resources. Practical implication: Society should elaborate the path to the development of wise civilization driven by a new political system, ecoism.Social implication: It is probable that if the “1%” won’t self-correct its misbehavior, a social revolution by the “99%” cannot be excluded from the current calendar ofWestern civilization. Originality: This investigation, by providing the interdisciplinary and civilizational approach, expands the scope of the traditional relevant approach. (shrink)

How far can we construct a framework within which to compare different traditions of philosophy and science across civilizations? The first problem lies with the terms “philosophy” and “science” themselves, for they carry particular associations in Western thought, some of which contribute to the mistaken view that they are uniquely Western activities. This brief article refutes that view, examining how we can compare the philosophical and scientific achievements of different cultures, and further challenging the sharp positivist dichotomy between “science” and (...) “philosophy” that stems from equating the former with facts, the latter with values. (shrink)

How far can we construct a framework within which to compare different traditions of philosophy and science across civilizations? The first problem lies with the terms “philosophy” and “science” themselves, for they carry particular associations in Western thought, some of which contribute to the mistaken view that they are uniquely Western activities. This brief article refutes that view, examining how we can compare the philosophical and scientific achievements of different cultures, and further challenging the sharp positivist dichotomy between “science” and (...) “philosophy” that stems from equating the former with facts, the latter with values. (shrink)

Comparative philosophy is a relatively new field of study, research, achievement in understanding and teaching. The purpose of this work is to help clarify the nature of comparative philosophy; to survey views about the kinds of standards that may be used as bases for comparisons; and the propose an hypothesis comparing pervasive traits of the philosophies of Western, Indian, and Chinese civilizations.

Civilization, Modernity, and Critique provides the first comprehensive, cutting edge engagement with the work of one of the most foundational figures in civilizational analysis: Johann P. Arnason. In order to do justice to Arnason's seminal and wide-ranging contributions to sociology, social theory and history, it brings together distinguished scholars from a variety of disciplinary backgrounds and geographical contexts. Through a critical, interdisciplinary dialogue, it offers an enrichment and expansion of the methodological, theoretical, and applicative scope of civilizational analysis, by addressing (...) some of the most complex and pressing problems of contemporary global society. A unique and timely contribution to the ongoing task of advancing the project of a critical theory of society, this volume will appeal to scholars of sociology and social theory with interests in historical sociology, critical theory and civilizational analysis. (shrink)

The time when Guerras civiles de Granada was written produced a long process of assimilation and acculturation for the moriscos. The occurrences in this process mark the narrative tone of each part of the work, which is, more than a mere reflection of the epoch, an appeal to the contemporaries for consideration of the moriscos’ cause. The first part hints at the same direction as El Abencerraje and the second, Libros plúmbeos.

This book is a textbook designed for teaching a new subfield in political science: the emerging field of "comparative political theory". It is the first such textbook. As taught in American universities, political theory has been traditionally confined to the history of Western political thought from Plato and Aristotle to Hegel and Nietzsche. The editor believes strongly that this limitation is no longer tenable in our globalizing age when different cultures and civilizations are increasingly communicating and interacting with each (...) other. The text focuses on three areas: Islamic civilization, Indian civilization, and Far Eastern civilizations. In each area the text offers an introduction followed by readings dealing with ancient or classical teachings as well as modern and contemporary theoretical developments. In making these selections, the editor has been ably assisted by experts in the respective fields (Roxanne Euben, Anthony Parel, and Theodore deBary). The text is meant mainly for undergraduate classes but can be consulted with benefit also by more advanced students as well as by the general reading public. (shrink)

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make (...) progress on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of (...) comparative politics, constitutional law, and East European studies. (shrink)

Hailing from the American South, I was a slow student, awakened by Plato in high school and introduced to philosophy in college. Alienated from analytic trivia and minutia, I did graduate work in Greek philosophy at Syracuse University. My first academic job at Memphis State University involved me in the Southern Civil Rights Movement; my second at the Wisconsin State University-Stevens Point involved me in the environmental movement and inspired me to create first environmental ethics and then, in collaboration with (...) Roger Ames, comparative environmental philosophy. In the face of unprecedented challenges, such as global climate change, academic philosophy must abandon its preoccupation with arcane puzzles and its studied intellectual isolation and work collaboratively with the natural and social sciences if it is to survive in the competitive and accountable academic climate of the twenty-first century. (shrink)

Is it possible to compare civilizations one with another? Is it possible, in other words, to construct some neutral and objective framework in terms of which we could establish in what respects one civilization might deserve to be ranked more highly than its competitors? Morality will surely provide one axis of such a framework (and we note in passing that believers in Islam might quite reasonably claim that their fellow-believers are characteristically more moral than are many in the West). Criteria (...) such as material well-being will need to play a role, too, as also will happiness or pleasure (and again we note that it is not clear a priori that there is more happiness in the West than there is in other civilizations). But even happiness (pace some proponents of the utilitarian philosophy) comes in different types, and to count in the civilization stakes the happiness involved would presumably need to be of the right kind. We explore what this might mean in terms of the idea of a self-chosen life plan. (shrink)

The Civil Economy approach, as developed by Italian economists Luigino Bruni and Stefano Zamagni, aims at introducing reciprocity into the economy as a humanizing factor. Despite being presented as an innovative perspective, the CE approach shares many characteristics with the German model of Social Market Economy. The present paper compares both approaches, showing that they in fact share a normative basis and similar aims but address them from diverse points of view; namely, CE addresses them from a virtue ethics perspective (...) and SME from an institutional ethics one. This leads them to stress different aspects and to focus on diverse problems. Therefore, CE would not constitute an alternative to SME but a complement. Thus, a combination of both approaches should allow each to take advantage of their respective strengths and lead to a better result in terms of the common good. (shrink)

A reconstruction of the history of the wording civil society and of the curious twist in its usage and meaning, highlighting why the term had an important role in Continental political thinking and was ignored until comparatively recently in Anglo-Saxon political discourse.

Constructing Global Enemies asks how and why specific interpretations of international terrorism and drug abuse have become hegemonic at the global level. The book analyses the international discourses on terrorism and drug prohibition and compares efforts to counter both, not only from a contemporary but also from a historical perspective. Utilising poststructuralist theory of the relationship between hegemony and identity, Herschinger argues that hegemony is much more than just the dominance of a single country in international life; rather it is (...) the emergence of a hegemonic order that can best be understood as the production of a new collective identity. Offering an in-depth discussion of the methodology of discourse analysis, the book explores how such hegemonies emerge and persist in the field of security. This serves to explain the widespread disagreement regarding the fight against international terrorism as well as the successful suppression of counter-hegemonic projects in the field of international drug prohibition. Constructing Global Enemies will be of interest to students and scholars of international relations and security studies." from paperback back cover. (shrink)

Respect for human dignity and the common good in democratic regimes cannot be sustained by reason alone. Citizen faith commitments endorsing both of these values are necessary. However, negotiating in practice the relationship between civic values and religious morality is extremely challenging in a democracy. As a contribution to greater balance in these matters, Ingram argues that the capacity of religion to promote democratic reform in a way that respects fair procedures (rule of law) must extend beyond the liberal principle (...) of tolerance. It must extend to recognizing the republican principle of non-domination. Ingram provides a thorough comparative analysis of the situations in Indonesia, Lithuania, and Peru to support his argument. (shrink)

Violent conflict between individuals and groups was as common in the ancient world as it has been in more recent history. Detested in theory, it nevertheless became as frequent as war between sovereign states. The importance of such ‘_stasis_’ was recognised by political thinkers of the time, especially Thucydides and Aristotle, both of whom tried to analyse its causes. Violence, Civil Strife and Revolution in the Classical City, first published in 1982, gives a conspectus of _stasis_ in the societies of (...) Greek antiquity, and traces the development of civil strife as city-states grew in political, social and economic sophistication. Aristocratic rivalry, tensions between rich and poor, imperialism and constitutional crisis are all discussed, while special consideration is given to the attitudes of the participants and the theoretical explanations offered at the time. In conclusion, civil strife in the ancient world is compared to more recent conflicts, both domestic and international. (shrink)

To say Early Confucians advocated the possession of a sense of shame as a means to moral virtue underestimates the tact and forethought they used successfully to mold natural dispositions to experience shame into a system of self, familial, and social governance. Shame represents an adaptive system of emotion, cognition, perception, and behavior in social primates for measurement of social rank. Early Confucians understood the utility of the shame system for promotion of cooperation, and they build and deploy cultural modules (...) – e.g., rituals, titles, punishments – with this in mind. These policies result in subtle alterations to components of the evolved shame system that are detectable in data form contemporary cross-cultural psychology that show that populations in the Confucian diaspora have a unique shame profile compared to Western and non-Western populations. The status of Confucian diaspora populations as outliers in the context of shame is partially explained by appeal to the cultural transmission and historical endurance of relevant Early Confucian cultural modules. (shrink)

In what respects is Western civilization superior or inferior to its rivals? In raising this question we are addressing a particularly strong form of the problem of relativism. For in order to compare civilizations one with another we would need to be in possession of a framework that is neutral and objective, a framework based on principles of evaluation which would be acceptable, in principle, to all human beings. Morality will surely provide one axis of such a framework (and we (...) note in passing that believers in Islam might quite reasonably claim that their fellow-believers are characteristically more moral than are many in the West). Criteria such as material wellbeing, too, will need to play a role, as also will happiness or pleasure (and again we note that it is not clear a priori that there is more happiness in the West than there is among the citizens of other civilizations). Since, however, these axes of evaluation do not run in tandem, we cannot expect to be able to formulate some single criterion which would enable us to rank civilizations in a simple unilinear order. Even happiness (pace some proponents of the utilitarian philosophy) comes in different types, and to count in the civilization stakes the happiness involved would presumably need to be of the right kind. Thus it is not clear that happiness derived from, say, taking drugs or torturing small animals is going to be able to count in favor of a civilization as much as, say, happiness derived from reading poetry or planting corn. Hence, for these and other reasons, we will have to deal with a multidimensional framework, in which some civilizations may excel along some axes but do badly on others. A further problem turns on the fact that there is no such relation as better than. Rather, when A is better than B then this is always in some respect C. Yet even when we compare one thing with another in some given respect we are not always dealing with a simple linear order. This is because the relation ‘being better than in respect C’ is not in every case transitive.. (shrink)

Comparing the Gandhian idea of civil disobedience to those of Rawls and other modern thinkers, Haksar here demonstrates the relevance of Gandhi's thought to contemporary society and politics.

Civilizational analysis is increasingly being used to capture the plurality of routes to and through the modern world order. However, the concept of civilization betrays a colonial legacy, namely, a denial that colonized peoples possessed the creative ability to cultivate their own subjecthoods. This denial was especially acute when it came to enslaved Africans in the New World whose bodies were imagined to be deracinated and deculturated. This article proposes that civilizational analysis has yet to fully address this legacy and, (...) to clarify the stakes at play, compares and contrasts the historical sociology of CLR James with the mytho-poetics of Derek Walcott. Both authors, in different ways, have attempted to endow that quintessentially un-civilizable body – the New World slave – with subjecthood. From this discussion, the article makes the case for developing a ‘poetics of slavery’ that could help to address the colonial strictures still residual in the concept of civilization. (shrink)

Civil status, and particularly birth certificates, rather than identity papers, are the legal basis of identification in France. Its nineteenth-century history presents a complex picture, which cannot be reduced to a process of increasing state control. Far from implementing ambitious registration projects, French liberal administration left information scattered and scarce as compared to European standards. It had to find a balance between the need to provide open information in order to minimize uncertainty in social and economic relationships, and the protection (...) of personal and family honour and reputation. Citizens' agency and consent have been determinant in this process, whose traces are still visible in contemporary France. (shrink)

I HEARTILY accept the motto, “That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. (...) The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. This American government,—what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed on, even impose on themselves, for their own advantage. It is excellent, we must all allow. Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The character inherent in the Ameri-. (shrink)

We argue that analyses of civil religious ideologies in civil rights contention must include the interplay of both movement and countermovement ideologies and must recognize the ways in which such discourse amplifies conflict as well as serves as a basis for unity. Based on in-depth interviews, archival research, and content analysis of civil religious language, this article examines how priestly and prophetic civil religious discourses, and the infusion of Black power ideologies, provided significant and dynamic resources for both movement and (...) countermovement ideologies during periods of civil rights contention in Cairo, Illinois, especially from 1969 to 1972. We compare the ways in which Cairo’s civil rights leaders mobilized prophetic versions of civil religion, and concomitantly, how white countermovement organizations used a priestly civil religion. On the prophetic side the themes of “equality,” “freedom,” “justice,” and the “right to revolt” against worldly socio-political arrangements were employed. On the priestly side, the theme of “law” and “order” was played up, with a secondary theme that connected religious acquiescence to worldly power with God’s will. The former rhetoric saw calls for economic and employment integration within God’s will and the nation’s destiny. The latter rhetoric contrasted civil rights claims as essentially “un-American.”. (shrink)

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated (...) by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above. (shrink)

Civil society is one of the most used - and abused - concepts in current political thinking. In this important collection of essays, the concept is subjected to rigorous analysis by an international team of contributors, all of whom seek to encourage the historical and comparative understanding of political thought. The volume is divided into two parts: the first section analyses the meaning of civil society in different theoretical traditions of Western philosophy. In the second section, contributors consider the (...) theoretical and practical contexts in which the notion of civil society has been invoked in Asia, Africa and Latin America. These essays demonstrate how an influential Western idea like civil society is itself altered and innovatively modified by the specific contexts of intellectual and practical life in the societies of the South. (shrink)