Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation arising from (...) our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and misguided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theoretically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any particular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open! (shrink)

Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign does not have any inherent meaning, and its meaning (...) can only exist in the relationship with other signs or sign systems. In other words, a legal term only denotes in a particular temporal and spatial context. Through this study, we conclude four propositions about a legal term as a sign: first, the connection of a legal term with a legal concept is relatively arbitrary; second, the meaning of a legal term exists in a sign system; third, a legal term can be subject to multiple interpretations; fourth, the defining of a legal term may be affected by other sign systems. (shrink)

Quite different from translation for general purposes, transplanted legal discourse is often unmatchable to the target discourse community. In reality, exact equivalence could not be found in terms of translation in legal transplant, which means the major task of translation in legal transplant is to solve lacunae, discursive gaps between the source text and the target text. In legal translation, a lacuna seems to constitute a factor of untranslatability. This paper, based on a study of four cases, argues that equivalence (...) can be achieved within the proposed Translational Triangle. The sociosemiotic approach is adopted in this study to explore the complexity in legal translation, and provide insights into legal translation, both theoretically and practically. (shrink)

It is widely held in translation studies that translation proper is not merely a process of linguistic transfer but also of cultural transfer. But how cultural transfer is effected or whether it can be effected is not at all clear. The study begins with a critical analysis of the problems relating to law translation in general and translating the common law into Chinese in particular. It then examines the nature of cultural transfer in law translation with special reference to the (...) translation of common law terminology. The study purports to set out the framework for legal translation as cultural transfer, in particular, for translating the common law into Chinese in Hong Kong. It argues that successful transfer of the legal culture of foreign laws always requires the adjustment of translating language and the employment of metalanguage. (shrink)

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...) This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process. (shrink)

While a much investigated concept because of its importance in shaping human discourse, modality has still not been given an agreed understanding. Using authentic Chinese court judgments in Hong Kong, this paper aims to unravel the complexity of modality as exemplified in its usage in the legal domain. It examines formal, semantic, and functional approaches to modality, showing their weaknesses in identifying and explaining modality in legal discourse. It proposes a socio-semiotic approach as an alternative for giving us a better (...) understanding of modality in respect of its meaning and function in our language as a sign system. (shrink)

The paper explores Pascal’s idea according to which the teachings of the Church assume the hiddenness of God, and, hence, there is nothing surprising in the fact of the occurrence of nonresistant nonbelief. In order to show it the paper invokes the doctrines of the Incarnation, the Church as the Body of Christ, and the Original Sin. The first one indicates that there could be greater than nonbelief obstacle in forming interpersonal bonds with God, namely the ontological chasm between him (...) and human persons. The assumption of the human nature by the Son of God could be seen as a cure for this problem. The doctrine of the Church shows it as an end in itself, and in order for the Church to have meaning and to exist there has to be nonbelief in the world. Finally, the dogma of the Original Sin shows that there is no category of purely nonresistant nonbelief. The paper also addresses Schellenberg’s “accommodationist strategy” from the perspective of the Christian theology and in the last part it investigates what should be the influence of the fact of the hiddenness on theology’s take on the divine revelation. (shrink)

Augustine and Anselm form a common tradition in mediæval thought about angelic sin, a tradition rooted in patristic thought and centred on their attempts to give a philosophically coherent account of moral choice. Augustine concentrates on the reasons and causes of angelic sin, especially in reference to free will; Anselm adopts Augustine’s analysis and extends it to issues about the rationality of sinful choice. Each takes Lucifer’s primal sin to be the paradigm case. Lucifer, undistracted by bodily desires and unencumbered (...) by history, committed the first moral misdeed in an entirely good universe newly created by an entirely good God. The challenge is to give a philosophical account that permits us to understand how the best and brightest of all angels nevertheless made a sinful choice in such uniformly positive circumstances. (shrink)

The paper explores Pascal’s idea according to which the teachings of the Church assume the hiddenness of God, and, hence, there is nothing surprising in the fact of the occurrence of nonresistant nonbelief. In order to show it the paper invokes the doctrines of the Incarnation, the Church as the Body of Christ, and the Original Sin. The first one indicates that there could be greater than nonbelief obstacle in forming interpersonal bonds with God, namely the ontological chasm between him (...) and human persons. The assumption of the human nature by the Son of God could be seen as a cure for this problem. The doctrine of the Church shows it as an end in itself, and in order for the Church to have meaning and to exist there has to be nonbelief in the world. Finally, the dogma of the Original Sin shows that there is no category of purely nonresistant nonbelief. The paper also addresses Schellenberg’s “accommodationist strategy” from the perspective of the Christian theology and in the last part it investigates what should be the influence of the fact of the hiddenness on theology’s take on the divine revelation. (shrink)

[1] In twelve quite demanding chapters, outstanding scholars provide an overall view of the key issues of Scotus’s philosophical thought. To this a very concise introduction is added, concerning the life and works of John Duns (very good, especially the survey of works and the information on critical editions etc.). Throughout the book, I find the information clear and the difficult topics well explained. Moreover, the volume gives a quick entrance to the vast literature. Among the topics discussed are: ‘Metaphysics’ (...) (Peter King), ‘Universals and Individuation’ (Timothy Noone), ‘Modal Theory’ (Calvin Normore), ‘Natural Theology’ (James Ross & Todd Bates), ‘Philosophy of Mind’ (Richard Cross), ‘Cognition’ (Robert Pasnau), ‘Moral Dispositions’ (Bonnie Kent). What strikes the eye is the absence of important theological subjects: Trinity, Christology, sin and grace, to name a few. Since the cover text promises that ‘the essays in this volume systematically survey the full range of Scotus’ thought’, this omission is remarkable. It stems, I guess, from the strict philosophical scope of the series of the Cambridge Companions, but such a limitation should have been recognised explicitly: this companion provides, in fact, an introduction to John Duns’s philosophy—i.e., philosophy in our modern sense. Of course, this separation of philosophical from theological thought is not from Scotus. Most of his innovative ‘philosophical’ ideas are developed in a profoundly theological context! (shrink)

stance, Scotus adopts Anselm’s notion of a ‘(pure) perfection’ and elevates it to a fundamental principle of his metaphysics. Again, he distills Anselm’s Ontological Argument into something like its original Monologion components, and then treats each component part of the argument with a rigor and attention to detail far beyond anything Anselm suggested. In the case of Anselm’s so-called ‘two-wills’ theory, however, Scotus’s revisions are so extensive that they amount to a rejection of Anselm’s account, even though Scotus retains some (...) of Anselm’s terminology. I’ll begin by looking at Anselm’s initial presentation of the two-wills theory in his De casu diaboli (§1), and his later refinements of that account in his De concordia (§2). I’ll then look at Scotus’s deployment, revision, and rejection of Anselm’s theory in his three discussions of angelic sin: Lect. 2 d. 6 q. 2 (§3), Ord. 2 d. 6 q. 2 (§4), and Rep. 2 d. 6 q. 2 (§5). This will be followed by a brief look at whether Scotus’s theory of the self-regulating will is an adequate replacement for Anselm’s account (§6). (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and (...) striking insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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The Doctrine of Original Sin seems to require that human nature has literally undergone a change from its prelapsarian to its postlapsarian condition.It is not clear that this claim makes sense. How can human nature, the feature(s) in virtue of which human beings are what they are, change in time? (Think of the parallel claim about √2.) I consider three medieval attempts to resolve this problem: (1) Augustine’s two theories about shared human nature; (2) Anselm’s proposal that original sin is (...) an individual deficiency; (3) the “biological” proposal suggested by Odo of Cambrai and developed by Pseudo-Joscelin. (shrink)

The film's rousing opening is a unifying creation myth every Wakandan child surely knows by heart. The characters in Black Panther are not contemplating justice from behind a veil of ignorance, nor applying ideal principles of justice to govern a nascent Wakandan society. Different approaches to achieving justice given that injustice has already happened vie for our consideration. The case for restitutive justice at the museum is pretty strong, but Eric Killmonger does a poor job of it: like his brief (...) reign as king, his corrective justice begets further injustice. Killmonger is not the only character in Black Panther for whom retribution as corrective justice resonates. In Black Panther, T'Challa, Killmonger, and Nakia offer radically different visions for Wakanda after injustice, visions for our hero – and for us – to reckon with. Killmonger insists on what T'Challa wants to ignore, that the people within Wakanda's borders exist in relation to the people outside them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The King and the Crowd: Divine Right and Popular Sovereignty in the French Revolution Robert G. Hamerton-Kelly Stanford University We French cannot really think about politics or philosophy or literature without remembering that all this— politics, philosophy, literature—began, in the modem world, under the sign of a crime. A crime was committed in France in 1793. They killed a good and entirely likable king who was the (...) incarnation of legitimacy. We cannot not remember that this crime was horrible... When we speak about writing, the accent is on what is necessarily criminal in writing. (Jean-François Lyotard, "Discussion Lyotard-Rorty" 583; quoted in Dunn 165) The condemnation ofthe king is at the crux ofour contemporary history. It symbolizes the secularization of our history and the disincarnation of the Christian God. (Albert Camus, The Rebel 120; quoted in Dunn 140) Susan Dunn makes a well-documented case that the death of Louis XVI was unconsciously understood, especially by the Jacobins, as a human sacrifice that was necessary for the founding of the republic. "Louis must die because the patrie must live," said Robespierre at the king's trial, and the representative Carra considered Louis "the source of corruption and servitude... the fatal talisman ofall our ills" whose death would cause the people to be "regenerated in morality and virtue" (Dunn 15-37). The king was a monster and the source ofall the ills, and his death 68Robert G. Hamerton-Kelly had the power to alleviate those ills and regenerate the nation. This image of the king as sacrificial victim persisted throughout the first half of the nineteenth century in French literature and politics, sometimes assimilating itself to the image of Jesus Christ who died for the sins of the world. Legitimist writers like Joseph de Maistre saw his death precisely in this light as a great Christian sacrifice that would do France and the world good (Dunn 28-37). The king as a sacred monster whose life causes all ill and whose death brings healing is the classic figure of the scapegoat or sacrificial victim identified by René Girard. Susan Dunn recognizes this but because she does not know Girard's mimetic theory she is not able to explain the significance of the scapegoat king. Her work is, indeed, as Conor Cruise O'Brien says in the foreword, a work ofdemonstration rather than argument, of evidence rather than interpretation. I offer a mimetic interpretation ofthe Jacobin claim that the death ofthe king was the human sacrifice that founded the republic, and an argument that a universally operative generative mechanism forged the historical events of the revolution.1 There is no essential difference between the sovereignty ofthe king and the sovereignty of the people. In both cases sovereignty arises from a metaphorical contract that threatens death to anyone who violates it. The royal metaphors are organic while the revolutionary metaphors are legal and rational, but they all express the sacrificial structure ofpolitical power. Revolutionary democracy imports the fiction ofrationality to obscure its sacrificial structure. The desire ofthe general will for contractual equality is a transformation of mimetic desire in search of a victim around which the bad violence ofmimetic rivalry can coalesce into the good violence of sacred order. Sovereignty, therefore, is structurally single and simple; it is violence transformed through the sacred into the powers oforder. Max Weber understood this in general ifnot in its particulars when he defined sovereignty as the monopoly of the means of violence within a single territory.2 1 Mimetic theory was discovered by René Girard. I have given an account of my understanding of it in 7Ae Gospel and the Sacred 129-52. The idea of a mechanism universally operative in human history isjustified in the emerging discipline ofevolutionary psychology. Such mechanisms are the result ofthe interaction ofgenetic and environmental factors in the process of evolution (see Robert Wright). 2 The precise quotation from Weber is as follows: "The state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a The King and the Crowd69 The transition from royal to popular sovereignty is a transformation of the basic pattern of victim and group. The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 347-350 [Access article in PDF] Book Review The Sin of Knowledge: Ancient Themes and Modern Variations, The Sin of Knowledge: Ancient Themes and Modern Variations, by Theodore Ziolkowski; xvi & 222 pp. Princeton: Princeton University Press, $29.95. After thirty-five years of teaching and administrating at Princeton University, dozens of books, and innumerable articles, the eminent Germanist Theodore Ziolkowski has turned his attention to a (...) theme appropriate for someone so immersed in the intellectual life: the sorrow and grief that accompany human knowledge. Although Ziolkowski has made great contributions in standard studies of genre (notably the elegy and the twentieth-century novel) and authors (Mann, Hesse, and Broch), he became especially well known for his theorization and implementation of thematic studies, ranging from the sublime--fictionalizations of the life of Jesus--to the humorous--talking animals in literature. The figures whom Ziolkowski has selected for analysis of the sin of knowledge are Adam, Prometheus, and Faust, each of whom he views through both an ancient and a modern lens.All three of these mythic heroes violate "divine prohibitions against the new knowledge" (p. 69). Less heroically, all of these myths treat women misogynistically. Generally, Ziolkowski sees each of these stories as having emerged in a time of crisis, when new opportunities presented humanity with knowledge both alluring and disruptive. Because these are highly elastic myths, able to provide meaning in a variety of contexts, they have all mutated in modern times. Adam's Fall comes to represent the human transition from innocence to consciousness, Prometheus becomes a symbol for socialism's promise, and Faust turns into a representative of the American way of life.Looking at the ancient legend of Adam, Ziolkowski notes that sexuality and wisdom are linked in many of the oldest texts in humanity's recorded history. The emphasis on knowledge, however, is especially strong in the Hebrew myth. While many Near Eastern traditions have stories with similarities to the Biblical account of Adam and Eve, only Hebrew mythology has the Tree of Knowledge. For Ziolkowski, the fact that this story was probably set down during the reign of King Solomon explains this emphasis on knowledge. Because the Age of Solomon was a time of unparalleled wealth and power for the Hebrews, [End Page 347] Ziolkowski argues that the tale of Adam and Eve is the kind of myth "produced by cultures that have reached a certain level of sophistication... and look back with a degree of nostalgia at an imagined simpler, happier existence" (p. 23). According to Ziolkowski, knowledge becomes a sin for the Hebrews as they come to terms with the limitations of everything that their knowledge has brought them even at the height of their power and glory.In the modern era, Ziolkowski continues, the story of Adam has become secularized, representing the transition of humanity from a state of innocence to one of consciousness. He finds references to the Fall in Voltaire's Candide, Kleist's The Broken Pitcher, E. T. A. Hoffmann's The Golden Pot, Melville's Billy Budd, and Hesse's Demian. The overall trend of these representations of the rise of consciousness has been increasingly negative, culminating in sentiments like those expressed by the East German author Günter Kunter, who argues that "our whole present misery and all the problems of industrial civilization" can be linked to "the moment when man used the first firestone as a tool, the Fall" (p. 107). As Ziolkowski concludes: "Two centuries of secularization have brought the modern Adam to a depressing end" (p. 108).Citing Nietzsche, who compared Prometheus to Adam (and Pandora to Eve), Ziolkowski looks first at Hesiod's depiction of Prometheus as a trickster and then to Aeschylus' hero. Unlike the authors of the story of Adam and Eve, though, Aeschylus depicts Prometheus' claim to divine knowledge in a positive light: "Rather than a humankind declining from a glorious golden age to the present deplorable iron age, Aeschylus sees humanity progressing by means of knowledge--the crafts, arts, and sciences--from blindness and ignorance... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 49-77 [Access article in PDF] The Time of the King Gift and Exchange in Zorrilla's Don Juan Tenorio Joan Ramon Resina There is something paradoxical about José Zorrilla's revision of the Don Juan legend, a certain contradiction between the play's structure and the logic of the action. The character of the protagonist, the form and implications of Don Juan's salvation, the strategies and temporality of (...) seduction, even the play's generic status--all come under the law of self-cancellation. And so does the historical time in which the play is set: the time of absolute monarchy. The proportionality between terrestrial and eschatological time, organic to the play's Golden Age precursor, 1 is strangely neutralized in Zorrilla's work through an expanding temporality without equivalent in the afterlife; and the same is true of the king's dramatic role through his removal from the scene, which he regulates nonetheless as deus ex machina of the social edifice.A nineteenth-century reader, Francesc Pi i Margall, remarked that "Zorrilla hace a Don Juan escéptico o creyente según lo van exigiendo las peripecias de su drama, y merced a esa indeterminación del carácter, le pone repetidamente en contradicción consigo mismo" (Zorrilla makes Don Juan a skeptic or a believer depending on the drama's events, and by virtue of this indeterminacy, he brings his character repeatedly into contradiction with himself) [204]. This indeterminacy affects not only the libertine's relation to religion but also the doctrinal coherence of the play, which has been the object of debate [see Mazzeo; Abrams; Wang; Romero]. Others, curiously, detect a contradiction between the play's sound theological conception and the author, who "quizá no sabe apenas nada de teología" (perhaps knows next to nothing about theology) [Alberich 16]. Yet not only Don Juan's piety but also his seductions appear self-annulling. For Luis Fernández Cifuentes, Zorrilla's most original and thus most revealing decision is "presentar el acto de seducción engañosa en el momento mismo en que deja de serlo: la carta con que comienza el drama participa de una tradición que también cancela. En el curso de la obra, es y no es un instrumento de seducción; sin cambiar de palabras, es a la vez falsa y verdadera... " (to present the act of deceitful seduction at the very moment in which it stops being deceitful: the letter with which the play starts participates in a tradition which it also cancels. Throughout the play the letter is and is not a tool of seduction; its words are at once true and false...) [83]. In the same line of structural contradictions must be included the play's temporality, which runs counter to the causal logic of the action. As Gustavo Pérez Firmat points out: "In Juan's verses normal temporal and causal sequence collapses, for future events are always catching up and outstripping the present, as if time were circular and past, present, and future travelled the circle at different speeds" [7]. Even the play's representativeness as a privileged [End Page 49] instance of Spanish romanticism has been flatly denied in light of its inconsistencies with the patterns of that movement [Gies, "José Zorrilla"]. 2 But perhaps the most telling contradiction is the one between the play's undiminished popularity for almost a century and its author's sedulous efforts to undermine its prestige. 3Author's second thoughts? A repentant artist in ascetic revulsion against mundane acclaim? It seems reasonable to assume a link between the play's popularity and the contradictions to which it gives expression. Thus, taking at face value the tired notion that Don Juan presents a fundamentally Spanish profile, 4 I will inquire whether the play's manifest contradictions are culturally efficient. 5 To this end, I will need to consider a possible incongruity between nineteenth-century forms of consciousness and the objective historical conditions. Joaquín Casalduero already pointed out a discrepancy between historical changes and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Bonhoeffer and King: Their Legacies and Import for Christian Social ThoughtCharles W. ChristianBonhoeffer and King: Their Legacies and Import for Christian Social Thought Edited by Willis Jenkins and Jennifer M. McBride Minneapolis: Fortress Press, 2010. 304 pp. $25.00Countless books have been written about Dietrich Bonhoeffer and Martin Luther King Jr., assessing their individual leadership in the areas of social justice and theology in the twentieth (...) century. Relatively few works have brought these two individuals together in comparative analysis. This book, edited by Willis [End Page 216] Jenkins (assistant professor of social ethics at Yale Divinity School) and Jennifer M. McBride (visiting lecturer at Candler Divinity School), seeks to do that; it brings together a wide array of scholars in the fields of ethics, theology, pastoral ministry, political theory, African American studies, and feminist theology.As McBride points out in her introduction, the “significant differences in their historic, sociopolitical contexts” can present challenges in comparing the work of these two men and in seeking to contemporize them (8). However, the thought and life of both martyrs “demand[s] action”; in other words, the “thought” of both Bonhoeffer and King remains incomplete without “courageous, constructive, redemptive social engagement” (3). It is in this spirit that the book unfolds.The book is divided into four parts. The first four chapters compose part 1 (titled “Critical Distance”), which takes a broader look at the legacies, key concepts, and limitations or critiques of the thought of Bonhoeffer and King. For example, the second chapter by Stephen R. Haynes (“King and Bonhoeffer as Protestant Saints”) reminds us of the perils of the larger-than-life legacies of both these individuals. When noteworthy persons become personalities or cultural heroes, key aspects of their legacies can be minimized or overlooked. This is particularly important in contemporary American settings where politicians and commentators tend to reduce the legacies of both Bonhoeffer and King to fit their own political agendas.Part 2 pays specific attention to the influence of Bonhoeffer and King on matters related to social justice, such as poverty, racism, and violence. Among the notable contributions in this section is the chapter by Craig J. Slane that deals with the “unexpected turn toward violence” (112) for Bonhoeffer during his involvement in the plot to assassinate Hitler during World War II. Part 3 looks at the ways in which the lives and teaching (and especially preaching, in King’s life in particular) of Bonhoeffer and King are instruments of social redemption. In addition to noting the influence of Niebuhr’s emphasis on social sin and social redemption on King’s preaching and leadership, it points out that both Bonhoeffer and King were deeply influenced by the economic and social upheavals of their time; their preaching, teaching, and writing sought to address, in concrete ways, the racial, economic, and political realities of their contexts. In part 4, “Peacemaking,” four authors highlight the contributions King and Bonhoeffer have made to peacemaking and the influence these contributions continue to have. They discuss both men’s commitment to nonviolence and pacifism and the particular challenges this commitment created for them (especially for Bonhoeffer, given his participation in a plot to overthrow Hitler).The essays in this book do not present these two martyrs as unblemished. The book contains rich discussions that honestly assess their personal struggles [End Page 217] of conscience as well as their contextual struggles with such issues as the role of women. Furthermore, the reader will find a solid introduction to the lives and thought of both men while at the same time sitting in on a diverse conversation about how their influential interpretations of the Christian faith can continue to be fleshed out. May this kind of conversation (and action) continue!Charles W. ChristianMount Vernon Nazarene UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

We evaluate people all the time for a wide variety of activities. We blame them for miscalculations, uninspired art, and committing crimes. We praise them for detailed brushwork, a superb pass, and their acts of kindness. We accomplish things, from solving crosswords to mastering guitar solos. We bungle our endeavors, whether this is letting a friend down or burning dinner. Sometimes these deeds are morally significant, but many times they are not. Simply Responsible defends the radical proposal that the blameworthy (...) artist is responsible in just the same way that the blameworthy thief is. We can be responsible for all kinds of different activities, from lip-synching to long division, from murders to meringues, but the relation involved, what author Matt King calls the basic responsibility relation, is the same in every case. We are responsible for the things we do first, then blameworthy or praiseworthy for having done them in light of whether they're good or bad, according to a variety of standards. Why is this a radical proposal? Firstly, because so much of the contemporary literature on moral responsibility has moralized its nature. According to most accounts, moral responsibility is either a special species of responsibility or else depends on moralized capacities. In contrast, King argues that we get a more complete and unifying picture of responsible agency from a more general theory of responsibility. Secondly, the proposal is radical due to its drastic simplicity. King foregoes many of the complications that feature in other accounts of responsibility, arguing that we can make do with less demanding theoretical elements. (shrink)

Bioethics needs an expanded moral vision. It is now time for bioethics to take full account of the problems of health disparities and structural injustice that are made newly urgent by the COVID-19 pandemic and the effects of climate change. Nancy M. P. King, Gail E. Henderson, and Larry R. Churchill make the case for a more social understanding and application of justice, a deeper humility in assessing expertise in bioethics consulting, a broader and more relevant research agenda, and (...) greater appreciation of the profound health implications of global warming. (shrink)

Response-dependence theories have historically been very popular in aesthetics, and aesthetic response-dependence has motivated response-dependence in ethics. This chapter closely examines the prospects for such theories. It breaks this category down into dispositional and fittingness strands of response-dependence, corresponding to descriptive and normative ideal observer theories. It argues that the latter have advantages over the former but are not themselves without issue. Special attention is paid to the relationship between hedonism and response-dependence. The chapter also introduces two aesthetic properties that (...) lead to wrong kinds of reasons problems for aesthetic response-dependence: insightfulness and the capacity to change one’s perspective. These properties do not have obvious parallels in the ethical domain, and so present an obstacle for response-dependence even in aesthetics. The chapter ends by examining replies on behalf of the response-dependence theorist, ultimately suggesting that a restricted form of response-dependence is the most promising way forward for fans of such theories. (shrink)

The mass killings, large-scale gang rape and large-scale expulsion of the Rohingyas from Myanmar constitute one of the most repugnant world events in recent years. This article addresses the question of whether armed humanitarian intervention would have been morally permissible to protect the Rohingyas. It approaches the question from the perspective of the jus ad bellum criteria of just war theory. This approach does not yield a definitive answer because knowing whether certain jus ad bellum conditions might have been satisfied (...) is difficult to judge without detailed knowledge of military intelligence assessments. Nevertheless, I argue that there was just cause for intervention according to both liberal and communitarian perspectives; that legitimate authority in the form of United Nations Security Council authorization would not have been morally necessary; that it is doubtful whether permissible intervention would have required humanitarian intent; that in late August 2017, intervention might well have been a last resort, but that morally relevant facts suggest intervention might have been disproportionate and lacked a reasonable chance of success, such that, all things considered, it would have perhaps been impermissible. -/- (Free access via third external link). (shrink)

Megastable chaotic systems are somehow the newest in the family of special chaotic systems. In this paper, a new megastable two-dimensional system is proposed. In this system, coexisting attractors are in some islands, interestingly covered by megalimit cycles. The introduced two-dimensional system has no defined equilibrium point. However, it seems that the origin plays the role of an unstable equilibrium point. Therefore, the attractors are determined as hidden attractors. Adding a forcing term to the system, we can obtain chaotic solutions (...) and coexisting strange attractors. Moreover, the effect of three different values of the forcing term’s amplitude is studied. The dynamical properties of the designed system are investigated using attractor plots, bifurcation diagrams, and Lyapunov Exponents diagram. Phase portraits of the novel megastable oscillator are presented by FPGA design. Xilinx system generator block diagrams of the proposed system and trigonometric functions are also presented. (shrink)

Though the word "atonement" does not appear in King Lear, the concept is present, along with related ones, like sin, justice, redemption, and sacrifice. Like other plays, Lear alludes to various atonement theories, setting them in dramatic conflict or cooperation and subjecting some to critique. Besides revealing the inadequacy of models based on payment or punishment, the play reinterprets the sacrificial theory of atonement by presenting sacrifice (especially that of Cordelia) as gracious and redemptive self-offering, not as a punishment (...) or payment that satisfies anger or offended honor. Though the play’s religious references, including to Christ, are pervasive, ultimately atonement takes place at a human level, in the healing of relationships and inner maladies. Yet such atonement involves what may be called “ethical transcendence,” a transcendence consisting not in an ascent beyond the human condition, but rather in the offering of oneself in relationship and service to others. (shrink)

Cheating through the use of illegal performance enhancements (such as doping) is a persistent problem in sport. It has been suggested that one response to this problem is to separate sport into two parallel leagues. One league would resemble sport as it is currently practised ? i.e. with restrictions on use of particular enhancements ? and the other would not possess these restrictions, allowing those that wish to use currently illegal enhancements to do so. In this paper I articulate the (...) ?two leagues? proposal further and subject it to critical scrutiny. The proposal fails. It does so by failing to address conceptual confusion regarding enhancement use in sport; by replicating in the new league the current problems associated with enhancement-based cheating; and by creating new problems. In an attempt to revive it I describe other possible justifications for the proposal, based on its promotion of personal autonomy, and rights-based justifications. These fail, with the exception of a group right claiming provision of the enhanced league as a participatory good. I conclude that this latter use of the proposal is the only sensible one, but it nevertheless faces significant obstacles. (shrink)

What makes for a good education? What does one need to count as well-educated? Knowledge, to be sure. But knowledge is easily forgotten, and today's knowledge may be obsolete tomorrow. Skills, particularly in critical thinking, are crucial as well. But absent the right motivation, graduates may fail to put their skills to good use. In this book, Nathan King argues that intellectual virtues-traits like curiosity, intellectual humility, honesty, intellectual courage, and open-mindedness-are central to any education worthy of the name. (...) Further, such virtues are crucial to our functioning well in everyday life, in areas as diverse as personal relationships, responsible citizenship, civil discourse, and personal success. Our struggles in these areas often result from a failure to think virtuously. Drawing upon recent work in philosophy and psychology, King paints a portrait of virtuous intellectual character-and of the vices such a character opposes. Filled with examples and applications, this book introduces readers to the intellectual virtues: what they are, why they matter, and how we can grow in them. (shrink)

Hegel’s famous criticism of Laozi in his Lectures on the History of Philosophy, has been a center of controversy in comparative philosophy. It is often regarded as an example of the unfair treatment of Chinese philosophy by its Western counterpart, that the West is measuring the East according to its own standard, imposing on the latter its understanding of what philosophy should be, passing judgment on China that it has no mature philosophy, or, if it has, that it is still (...) in an unsophisticated, primitive stage. However, there has been little serious and detailed discussion about Hegel’s argument in this important and representative document in the dialogue between Western and Chinese philosophy. Most of the .. (shrink)

In this article, I consider the permissibility of forming defensive alliances, which is a neglected topic in the contemporary literature on the ethics of war and peace. Drawing on the jus ad bellum criterion of proportionality in just war theory, I argue that if permissible defensive force requires that its expected harms must be counterbalanced by its expected goods, then, permissible defensive alliance formation seems to also require that its expected harms must be counterbalanced by its expected goods, as the (...) latter can result in much the same consequences as the former. Moreover, due to the incommensurability of values in play when making proportionality judgments, I argue for a value pluralist understanding of the criterion. On this view, defensive alliance formation is proportionate if the expected gains in certain values (goods) intuitively justify the expected losses in others (harms) when compared to the alternative expected value trade-offs of not allying. To explore the implications of my theoretical claims I consider them in relation to John Mearsheimer’s influential account of the causes of the Russo-Ukrainian War. On this account, the West’s strategy to assimilate Ukraine and Ukraine’s pursuit of NATO membership post-annexation of Crimea were disproportionate because the expected harms were unjustified when compared to the alternative expected goods and harms of forgoing Ukrainian membership of NATO. This does not imply that Russia’s aggression is just, but it does imply that the West and Ukraine are partially responsible for the war and that they acted impermissibly in attempting to expand/join NATO. (shrink)

The permanent struggle for optimisation can be seen as one of the most significant cultural principles of contemporary Western societies: the demand for improved performance and efficiency as well as the pursuit of self-improvement are con-sidered necessary in order to keep pace with an accelerated, competitive modern-ity. This affects not only work and education, but also family life, parent–child relationships and intimate relationships in respect to the body and the self, in regard to the public as well as the private (...) realm. Bringing together contributions from renowned scholars from the fields of sociology, psychology and psycho-analysis, this book explores the impacts of optimisation on culture and psyche, examining the contradictions and limitations of optimisation, in conjunction with the effects of social transformations on individuals and shifts in regard to the meaning of ‘pathology’ and ‘normality’. (shrink)

By exploring which Fathers interested Newman most and when, using both published and archive material, Benjamin J. King demonstrates the influence of the..

The metabolic requirements of differentiated neurons are significantly different from that of neuronal precursor and neural stem cells. While a re‐programming of metabolism is tightly coupled to the neuronal differentiation process, whether shifts in mitochondrial mass, glycolysis, and oxidative phosphorylation are required (or merely consequential) in differentiation is not yet certain. In addition to providing more energy, enhanced metabolism facilitates differentiation by supporting increased neurotransmitter signaling and underpinning epigenetic regulation of gene expression. Both epidemiological and animal studies demonstrate that micronutrients (...) (MNs) significantly influence many aspects of neonatal brain development, particularly neural migration and survival, neurite outgrowth, and process maturation. Here we review recent insights into the importance of metabolic reprogramming in neuronal differentiation, before considering evidence that micronutrient signaling may be key to regulating these processes. (shrink)