This chapter presents the text of a lecture on legal orders in Europe given at the British Academy's 2008 Law Lecture. This text suggests that developments in European and international law make it increasingly hard to sustain the view that a single system of law operates within each sovereign territory. It explains that in Europe, different legal orders seem to coexist, in relation to the same issues, within the same legal space; and questions constantly arise about which law is to (...) prevail. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Spiritual Experience and Psychopathology”Francis G. Lu (bio), David Lukoff (bio), and Robert P. Turner (bio)Jackson and Fulford have written an impor-tant paper which addresses an area of increasing interest in the United States—the relationship between religious/spiritual experiences and psychopathology. Using primarily the Present State Examination as the diagnostic framework, the authors describe in rich clinical detail three patients where certain phenomena lead to a possible diagnosis (...) of schizophrenia. However, the patients’ outcomes were uniformly positive—how can this be? The authors argue persuasively for the importance of a contextual assessment “in which psychotic phenomena themselves are embedded in the values and beliefs of the person concerned.” In this commentary, we will first present innovations in the DSM-IV relevant to cultural and religious/spiritual issues, which complement the authors’ conclusions, and then comment upon the paper from this perspective.In the DSM-IV Introduction (1994), a section entitled “Ethnic and Cultural Considerations” provides a rationale for innovations in DSM-IV that better enables its use with culturally diverse individuals: “A clinician who is unfamiliar with the nuances of an individual’s cultural frame of references may incorrectly judge as psychopathology those normal variations in behavior, belief, or experience that are particular to the individual’s culture. For example, certain religious practices or beliefs (e.g., hearing or seeing a deceased relative during bereavement) may be misdiagnosed as manifestations of a Psychotic Disorder” (xxiv). In the introduction, three types of information are cited: 1) sections entitled “Age, Gender and Cultural Considerations” in the text of ninety diagnostic categories discuss clinical variations due to these factors; 2) an Outline for Cultural Formulation designed to assist the clinician in systematically evaluating and reporting the impact of the individual’s cultural context; and 3) a Glossary of Culture-Bound Syndromes. These innovations, based on recommendations of the NIMH Workgroup on Culture, Diagnosis and Care to the Task Force on DSM-IV, are described in extensive detail in an important recent book (Mezzich, Kleinman, Fabrega, and Parron 1996).As an example of the importance of the Age, Gender, and Cultural Consideration section relevant to religious and spiritual experiences, consider the section in the text describing schizophrenia, where the following appears: “Clinicians assessing the symptoms of Schizophrenia in socioeconomic or cultural situations that are different from their own must take cultural differences into account. Ideas that may appear to be delusional in one culture (e.g., sorcery and witchcraft) may be commonly held in another. In some cultures, visual or auditory hallucinations with a [End Page 75] religious content may be a normal part of religious experience (e.g., seeing the Virgin Mary or hearing God’s voice)” (281). Secondly, in the analogous section of the text describing Brief Psychotic Disorder, the following appears: “It is important to distinguish symptoms of Brief Psychotic Disorder from culturally sanctioned response patterns. For example, in some religious ceremonies, an individual may report hearing voices, but these do not generally persist and are not perceived as abnormal by most members of the person’s community” (303).The Outline for Cultural Formulation provides the clinician a concise tool to specify the following information concerning the cultural context that is relevant to clinical care: cultural identity of the individual, cultural explanations of the individual’s illness, cultural factors related to psychosocial environment and levels of functioning, cultural elements of the relationship between the individual and the clinician, and overall cultural assessment for diagnosis and care. Religion is explicitly mentioned in the third section so as to encourage the assessment of “the role of religion... in providing emotional, instrumental, and information support” (1994, 844). This outline for cultural formulation is more fully explicated in a recent chapter by Lu, Lim, and Mezzich (1995).A major innovation in DSM-IV relevant to this topic is the new diagnostic category entitled Religious or Spiritual Problem defined as follows: “This category can be used when the focus of clinical attention is a religious or spiritual problem. Examples include distressing experiences that involve loss or questioning of faith, problems associated with conversion to a new faith, or questioning of spiritual values that may not necessarily be related to an organized... (shrink)

The information required for perception may be available in the energy arrays that stimulate sensory organs but in a form not directly suitable for the planning and execution of the organism's actions in the environment. The requisite form of information is obtained, with no loss of adequate perception, by representation of sensory stimuli in frames of reference determined by internal control signals producing actions. This process seems evolutionarily advantageous but makes perception essentially non-direct, regardless of the degree of intra- or (...) inter-modal sensory integration. (shrink)

This is the first critical edition since the nineteenth century of Bacon's principal philosophical work in English, The Twoo Bookes of Francis Bacon. Of the proficience and advancement of Learning, divine and humane - traditionally known as The Advancement of Learning.

In lieu of an abstract, here is a brief excerpt of the content:Marsilio Ficino’s Critique of the Lucretian AlternativeJames G. SnyderIntroductionMarsilio Ficino is perhaps most widely remembered by historians of philosophy today as a fifteenth-century Platonist and Hermeticist who advocated the soul’s flight from the sordid world of matter and body. Ficino’s major contributions to philosophy include his Latin translations of Plato and Plotinus, as well as his voluminous and encyclopedic Platonic Theology, where he argues that the immortal soul occupies (...) a privileged midpoint between God and inchoate prime matter. It therefore comes as a surprise to learn that Ficino, for a time in his early twenties, was drawn to the Roman poet Lucretius, who believed that most people are plagued by the superstitions of religiously-minded fable mongers. During this time Ficino composed a short commentary on Lucretius’ didactic Epicurean poem, On the Nature of Things. In 1417 one of the last surviving manuscript copies of this poem was found in a German monastery by the humanist Poggio Bracciolini after several centuries of dormancy.1 Also, in an early treatise on pleasure, Ficino [End Page 165] argues that the Epicurean emphasis on pleasure as the removal of pain is superior to the crass and vulgar hedonism of Aristippus.2 In time, however, Ficino developed into the Platonist that historians of philosophy are more familiar with today. He turned his back on Lucretius, destroyed his commentary on him, and he became a rigid opponent of those philosophers who, as Plato describes them in his Sophist, “insist that only what offers tangible contact is, since they define being as the same as body.”3Despite the fact that Ficino ultimately rejected Lucretius, and in a letter to the poet Angelo Poliziano claimed to have “followed the divine Plato from my youth,” it appears that he was never able to successfully put the Epicurean poet completely out of his mind.4 The specter of Lucretius—that is, the specter of a potent and fully-articulated materialism and what it entails—casts a long shadow across the eighteen books of Ficino’s Platonic Theology. This work, which was printed in 1482 and remains his most extensive philosophical treatise, gives the impression that Ficino considered Lucretius a relevant and un-eliminated alternative to his own mature philosophical vision. The Lucretian alternative, as it will here be called, aspires to show that anything that exists is a composite of matter and void alone, and that there is no need to countenance the existence of some ghostly third constituent, such as soul, in order to explain adequately the phenomena of nature or consciousness.5 Ficino’s Platonic Theology argues for a profoundly different metaphysical picture of the nature of things. There Ficino wanted to demonstrate the essential immortality of the soul, and to further clarify the best way that it can, as he puts it, “cast off the bonds of our terrestrial chains” so that it may “fly unhindered to the ethereal abode.”6 However, in order for Ficino to accomplish this, he first had to show that the Lucretian alternative is not a living hypothesis, but a dead one. Refuting Lucretius, therefore, is central to the polemical aims and aspirations of this [End Page 166] work, and it is to this end that Ficino addresses several chapters to refuting the materialism of the “vulgar” and “impious” Epicurean poet and philosopher. The Lucretian alternative also explains in part why Ficino discusses, sometimes at great length, the nature of matter and body, especially in the early books of his Platonic Theology. The core argument that Ficino brings against the Lucretian alternative is that its materialist ontology is at best incomplete, and that something else—some ghostly incorporeal principle— is in fact necessary in order to adequately explain the nature of things.Both the Renaissance recovery of On the Nature of Things, and the subsequent role that it played in the advancement of early modern philosophy and science, are familiar to historians of philosophy today.7 Ficino’s fifteenth-century critique of Lucretius, however, is not. Nearly half a century ago Paul Oskar Kristeller noted that in the 1450s Ficino came under the influence of Lucretius, and he further speculated that “a trace... (shrink)

Privacy is one of our most essential values, but popular understanding of it lags far behind the heat the concept generates. It's easy to understand why. The concept itself has shifted in U.S. law from autonomy, to property, to confidentiality. Further, with a host of cultural differences as to how privacy is understood globally and in different religions, and with nonstop technological advancements, its significance is continually evolving. Leslie P. and John G. Francis draw upon their extensive expertise in (...) law, philosophy, political science, regulatory policy, and bioethics to parse privacy's meaning in the modern age. This book will inform, appease, and alert readers to what is at stake when privacy is breached. (shrink)

This paper is a comparison of some of the central ontological claims on the nature of prime matter of the Renaissance Platonist Marsilio Ficino, and the nature of space of Frane Petrić, the sixteenth century Platonist from the town of Cres. In it I argue that there are two respects in which the natural philosophies of both Platonists resemble one another, especially when it comes to the ontological status of the most basic substrate of the material world. First, both Ficino (...) and Petrić argue for the basic existence of matter and space. Second, both philosophers attribute an “ontological priority” to matter and space over what are seen as the fleeting qualities of the material world. (shrink)

Cet article est une comparaison de certaines affirmations ontologiques sur la nature de la matière première chez le platonicien de la Renaissance Marsilio Ficino et sur la nature de l’espace chez Frane Petrić, platonicien du XVIème siècle issu de la ville de Cres. J’y soutiens que les philosophies naturelles des deux platoniciens se ressemblent à deux égards, notamment en ce qui concerne le statut ontologique du substrat le plus fondamental du monde matériel. D’abord, Ficino comme Petrić soutiennent l’existence fondamentale de (...) la matière et de l’espace. Deuxièmement, les deux philosophes attribuent la « priorité ontologique » à la matière et à l’espace sur ce qui est considéré comme qualités éphémères du monde materiel. (shrink)

Ovaj članak je usporedba nekih od centralnih ontoloških stavova o naravi prve materije renesansnog platonista Marsilia Ficina te naravi prostora Frane Petrića, platonista 16. stoljeća iz grada Cresa. U njemu tvrdim da postoje dva aspekta u kojima prirodne filozofije oba platonista nalikuju jedna drugoj, naročito po pitanju ontološkog statusa najtemeljnijeg supstrata materijalnog svijeta. Kao prvo, i Ficino i Petrić se zalažu za temeljnu egzistenciju materije i prostora. Kao drugo, oba filozofa pridaju »ontološki prioritet« materiji i prostoru nad onim što se (...) smatra da su prolazne kvalitete materijalnog svijeta. (shrink)

Dieser Artikel ist ein Vergleich einiger der signifikanten ontologischen Behauptungen über die Natur der ersten Materie des renaissancistischen Platonikers Marsilio Ficino und über das Gepräge des Raums Frane Petrićs, eines aus der Stadt Cres stammenden Platonikers des 16. Jahrhunderts. Darin vertrete ich die Ansicht, es bestünden zwei Hinsichten, in denen die natürlichen Philosophien beider Platoniker einander ähnelten, speziell in puncto ontologischer Sachlage des grundlegendsten Substrats der materiellen Welt. Zuallererst treten sowohl Ficino wie auch Petrić für eine fundamentale Existenz der Materie (...) und des Raums ein. Zweitens messen die beiden Philosophen der Materie und dem Raum eine „ontologische Priorität“ zu über die als flüchtig erachteten Qualitäten der materiellen Welt. (shrink)

Although Leibniz characterised himself in the “New Essays” as a “Platonic” as opposed to a “Democritean” philosopher, his intellectual relationship with the most famous of the Renaissance Neoplatonists, Marsilio Ficino, has received little attention. Here we review what can be thus far established regarding Leibniz’s acquaintance with portions of Ficino’s Opera omnia of 1576. We compare Ficino’s disenchantment with the atomistic materialism of Lucretius, which he had favoured in his youth, and his turn to Platonism for inspiration, with Leibniz’s own (...) reported disenchantment with Gassendi’s Epicurean atomism and his invention of a vitalistic monadology that, despite Leibniz’s reservations regarding Ficinian magic, resembles Ficinian nature philosophy in number of striking respects. (shrink)

Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, (...) despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease. (shrink)