The inductive problem of extending the sequence 1, 3, 5, 7, is solved when these numbers are the ratios of the incremental distances fallen in successive unit times. The controlling fact is Galileo’s assumption that these ratios are invariant under a change of the unit of time. It admits few laws and only one is compatible with the two-numbered initial sequence 1, 3.

Galileo's refutation of the speed-distance law of fall in his Two New Sciences is routinely dismissed as a moment of confused argumentation. We urge that Galileo's argument correctly identified why the speed-distance law is untenable, failing only in its very last step. Using an ingenious combination of scaling and self-similarity arguments, Galileo found correctly that bodies, falling from rest according to this law, fall all distances in equal times. What he failed to recognize in the last step is (...) that this time is infinite, the result of an exponential dependence of distance on time. Instead, Galileo conflated it with the other motion that satisfies this ‘equal time’ property, instantaneous motion. (shrink)

Beginning with an overview of Galileo's earliest work on free fall, the paper examines the relationship between experiment and theory in his study of motion in the period immediately before and after 1604. The possible role of experiment is assessed in relation to the manuscript evidence and by means of reconstructed experiments.

The ArgumentWe present a number of findings concerning Galileo's major discoveries which question both the methods and the results of dating his achievements by common historiographic criteria. The dating of Galileo's discoveries is, however, not our primary concern. This paper is intended to contribute to a critical reexamination of the notion of discovery from the point of view of historical epistemology. We claim that the puzzling course of Galileo's discoveries is not an exceptional comedy of errors but rather illustrates the (...) normal way in which scientific progress is achieved. We argue that scientific knowledge generally develops not as a sequence of independent discoveries accumulating to a new body of knowledge but rather as a network of interdependent activities which only as a whole makes the individual steps understandable as meaningful “discoveries.”. (shrink)

we present a number of findings concerning galileo's major discoveries which question both the methods and the results of dating his achievements by common historiographic criteria. the dating of galileo's discoveries is, however, not our primary concern. this paper is intended to contribute to a critical reexamination of the notion of discovery from the point of view of historical epistemology. we claim that the puzzling course of galileo's discoveries is not an exceptional comedy of errors but rather illustrates the normal (...) way in which scientific progress is achieved. we argue that scientific knowledge generally develops not as a sequence of independent discoveries accumulating to a new body of knowledge but rather as a network of interdependent activities which only as a whole makes the individual steps understandable as meaningful “discoveries.”. (shrink)

The purpose of this study is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries into the law of free falling motion, and their importance in the history of science. Because there is no consensus on the use of the terms “abstraction” and “idealization” in the literature, it is necessary to distinguish between them at the outset. This paper will argue for the importance of abstraction and idealization in physics and the theories and (...) laws of physics constructed with abduction from observations and that these theoretical laws of physics should be tested with deduction and induction thorough quasi-idealized entities rather than empirical results in the everyday world. Galileo’s work is linked to thought experiments in natural science. Galileo, using thought experiments based on idealization, persuaded others that what had been proven true for a ball on an inclined plane would be equally true for a ball falling through a vacuum. (shrink)

The relevance of Marx’s theory of value and his ‘law of the tendency of the rate of profit to fall’ to the analysis of the financial crisis of 2007–8 and the ensuing global slump is affirmed. The hypertrophic growth of unproductive constant capital, including the wages of ‘socially necessary’ unproductive labour and tax revenues, is identified as an important manifestation of an historical-structural crisis of capitalism, alongside the increasing weight of fictitious capital and the proliferation of fictitious profits in (...) the lead-up to the financial crisis. These phenomena have obscured the deepest roots of the global slump in the long-term profitability problems of productive capital – that is, in a crisis of surplus-value production. With these considerations taken into account, a better empirical assessment of trends in the composition of capital becomes possible, and with it a more accurate understanding of the impact of the ongoing displacement of living labour from production on the average rate of profit and the future of US and global capitalism. (shrink)

The clearly recognized innovation in Galileo’s work on free fall has been a stimulus and a challenge for the history and philosophy of science. This article will analyze the experimental and theoretical aspects of Galileo’s work on free fall. It draws on several authors’ results to justify the claim that the research model established by Galileo remains valid today (Sections 2 and 3). The article draws this parallel with current science by focusing on Galileo’s method, way of considering (...) scientific instruments, and practice of confrontation between theory and experiments. The Galilean mode of investigation can be interpreted from a variety of possible philosophical perspectives: Section 3 examines how relevant the so-called constructivist and conventionalist perspectives are to analysis of Galileo’s innovations. Section 4 discusses Galileo’s contribution to the mathematization of science and the Platonic character of his thought. Finally, the article attempts to show that Galileo’s Platonism also involves experiments, as he conceives them. Keywords: Inclined Plane. Mathematics. Platonism. (shrink)

In the ten years following the publication of Galileo Galilei's Discorsi e dimostrazioni matematiche intorno a due nuove scienze , the new science of motion was intensely debated in Italy, France and northern Europe. Although Galileo's theories were interpreted and reworked in a variety of ways, it is possible to identify some crucial issues on which the attention of natural philosophers converged, namely the possibility of complementing Galileo's theory of natural acceleration with a physical explanation of gravity; the legitimacy of (...) Galileo's methods of proof and of his theory of the composition of continuous magnitudes; and the adequacy of the experimental evidence in favor of his theory.Through his published works and his correspondence, Marin Mersenne contributed in a significant way to each of these discussions. In the following, I shall provide a sketch of Mersenne's multiple engagement with the new science of motion, while trying to account for his growing skepticism concerning Galileo's law of free fall. Whereas in the 1630s, Mersenne still firmly believed in the validity of this law and tried to devise experimental and mathematical proofs in its favor, in the 1640s he developed serious doubts regarding the possibility of constructing an exact science of motion. As we shall see, Mersenne's evolving attitude sheds an interesting light on his views concerning the relation between physics and mathematics.---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ----------------------------------------------------. (shrink)

This article analyzes the evolution of Mersenne's views concerning the validity of Galileo's theory of acceleration. After publishing, in 1634, a treatise designed to present empirical evidence in favor of Galileo's odd-number law, Mersenne developed over the years the feeling that only the elaboration of a physical proof could provide sufficient confirmation of its validity. In the present article, I try to show that at the center of Mersenne's worries stood Galileo's assumption that a falling body had to pass in (...) its acceleration through infinite degrees of speed. His extensive discussions with, or his reading of, Descartes, Gassendi, Baliani, Fabri, Cazre, Deschamps, Le Tenneur, Huygens, and Torricelli led Mersenne to believe that the hypothesis of a passage through infinite degrees of speed was incompatible with any mechanistic explanation of free fall. (shrink)

Since the collapse of the bubble economy at the beginning of the 1990s, Japan has been in secular stagnation. Despite the stagnant economic conditions, the rate of profit has been rising, not falling. The coexistence of the rise in profitability and prolonged economic stagnation is a manifestation of the fundamental contradiction of present-day Japanese capitalism. Marx’s law of the tendency of the rate of profit to fall (LTRPF) provides a consistent explanation regarding the paradoxical situation in Japan characterised not (...) by a falling but a rising rate of profit. Meanwhile, this paper discusses the Monopoly Capitalism school, which has studied capitalist behaviour concerning productive investment and changes in the form of capitalist competition at the monopoly stage of capitalism. While the school’s negation of the LTRPF is unacceptable, their notions may provide useful explanations as to why the rate of profit has risen under secular stagnation in Japan. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

This chapter investigates the prospects for an important position that falls under the "mere patterns" approach: what, for reasons that will emerge, the author calls"Humean reductionism" about laws of nature, a view championed perhaps most prominently by David Lewis. He reviews some of the most interesting arguments against this position from the literature, and adds some of his own that, he thinks, are more effective. The chapter considers how the best system account (BSA) would apply to the Newtonian particle world. (...) The BSA has been challenged in a wide variety of ways: it violates certain intuitions; It makes a hash out of the connection between laws on the one hand, and counterfactuals, explanation, and induction on the other. The author thinks that the problem he has raised‐challenging though he hopes it is, is really an occasion for the Humean reductionist to sharpen his position still further. (shrink)

In "The Law of Peoples" John Rawls casts his proposals as an argument against what he calls "political realism." Here, I contend that a certain version of "Christian political realism" survives Rawls's polemic against political realism sans phrase and that Rawls overstates his case against political realism writ large. Specifically, I argue that Rawls's dismissal of "empirical political realism" is underdetermined by the evidence he marshals in support of the dismissal and that his rejection of "normative political realism" is in (...) tension with his own normative concessions to political reality as expressed in "The Law of Peoples." That is, I contend that Rawls, himself, needs some form of political realism to render persuasive the full range of normative claims constituting the argument of that work. (shrink)

This article examines two views about the capitalism that lies at the heart of modern industrial society. We owe to Marx and Piketty two large-scale, hugely important, but very different studies of the nature of modern industrial capitalism. In Capital, Marx provides a complex analysis of the anatomy of modern industrial capitalism, which he regards not as stable but rather as over time unstable and tending toward internal collapse on several grounds, of which the most important is apparently the so-called (...) tendency of the falling rate of profit. The falling rate of profit supposedly threatens its continued existence. Piketty criticizes the latter view in the context of his theory of contemporary capitalism. The article suggests, first, that Marx's view of the falling rate of interest is empirically implausible but Piketty's rival claim is empirically plausible. Second, a successful transition from capitalism to communism on Marxian grounds is unlikely in practice. And finally, despite Marx's intentions, it is unlikely to realize itself in practice, and is in this respect a traditional theory. (shrink)

The most perplexing aspect of Galileo's work in physics is without doubt the sharp distinction one can draw between his essentially dynamic studies in such juvenilia as De Motu and the consciously kinematical approach of his later output—particularly the Two New Sciences. Whether one chooses to call this a shift from the “why” of motion to the “how”, or, as I should prefer, a shift from dynamics to kinematics, there can be no denying its existence. The Galileo who wrote that (...) “The present does not seem to be the proper time to investigate the cause of the acceleration of natural motion …” is, on the face of it, a very different man from the one who had earlier written almost an entire treatise on precisely this topic. (shrink)

Cutler et.al. declare themselves opposed to the epistemological privileging of any level of discourse, but prefer, instead, to engage in discursive analyses of specific problems. Nevertheless, their critique of specific laws of tendency in Marx's texts - concentratlon and centralisation of capital, the falling rate of profit, etc. - relies almost exclusively on a single epistemological argument: there can be no such 'thing' as a law of tendency.

The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...) of the threat of litigation equate with the reality of the prospect of liability? Although the NHS research governance framework suggests that primary responsibility for the conduct of the trial is with the researcher this does not mean that REC members will be immune from actions in tort where research subjects suffer harm in the conduct of a research project approved by their NHS REC. This paper focuses upon the prospect for liability in the law of tort of NHS RECs and their members. While in practice the vast majority of such claims are unlikely to be successful members of RECs may incur resultant legal costs as a consequence of involvement in proposed litigation. It is submitted that the scope of indemnity provision provided to RECs and their members should be precisely determined, otherwise there is a real prospect that the risk of malpractice litigation may deter individuals from serving on such committees. (shrink)

As controversial as Lockean interpretation relating to the ideas of the law of nature and natural rights has always been, few would dispute the inextricable connection between them in the context of John Locke's thought. The historical development of natural rights language out of the natural law tradition is mirrored to a certain extent in the order within and between Locke's own writings. Locke intimates a persuasive account of the concurrent univocal property of God and the human being in the (...) particular human being herself. The particular human being is the property of God and herself in the very same sense of the word "property", i.e. the product of workmanship or labor. Both slavery and suicide fall foul of Locke's doctrine of the law of nature and natural rights: slavery is a violation of self‐ownership, and suicide is as direct a violation of divine ownership as one can imagine. (shrink)

Human rights law does not appear to enjoy as high a level of compliance as the laws of war, yet is institutionalized to a greater degree. This Article argues that the reason for this difference is related to the strategic structure of international law. The laws of war are governed by a regime of reciprocity, which can produce selfenforcing patterns of behavior, whereas the human rights regime attempts to produce public goods and is thus subject to collective action problems. The (...) more elaborate human rights institutions are designed to overcome these problems but fall prey to second-order collective action problems. The simple laws of war institutions have been successful because they can exploit the logic of reciprocity. The Article also suggests that limits on military reprisals are in tension with self-enforcement of the laws of war. The U.S. conflict with Al Qaeda is discussed. (shrink)

According to Malebranche’s occasionalism, all cases of causation in the world are due to the action of God’s will. These actions are divided into "particular volitions" and "general volitions". There has been sharp disagreement in the secondary literature concerning the nature of general volitions, for Malebranche. One side claims that general volitions are volitions of wide scope which cover a multiplicity of potential situations. The other side claims that general volitions are specific but fall under the scope of broader (...) laws of nature. I draw on the quantifier apparatus of modern predicate logic to highlight the differences between the two views, which I refer to as the Universality view and the Regularity view respectively. I also outline a third ‘Hybrid’ view that borrows elements of each. I conclude that there is a fundamental ambiguity in Malebranche’s account of general volitions which prevents any one account from fully fitting with Malebranche’s remarks. (shrink)

The central problem of the article is the paradox in the history of Newton’s mechanics: prominent researchers of the genesis of the Principia did not believe Newton’s words about the origin of the idea of universal gravity. They did not believe that he could have come up with this idea as early as 1666, considering circular orbits, and believed that Newton invented the story of the falling apple. The article proposes a “subjunctive” scenario leading to the law of universal gravity (...) and feasible at the level of Galileo’s knowledge and skills in 1611. The basis for such a scenario is the description of a thought experiment in Newton’s manuscript “The System of the World”, preceding the creation of Principia. The proposed reconstruction helps to consider and clarify the concept of “modern physics”, the birth of which was the main event of the Scientific Revolution of the XVI–XVII centuries. The traditional understanding reduces the essence of modern physics to a reliance on experience and on the language of mathematics. Such a definition, however, is not sufficient. The geometry of Euclid and the physics of Archimedes were mathematically perfect, and their axioms were based on objective experience. Despite the importance of the tools of mathematics and experiment, the key innovation of modern physics has become the belief in the hidden fundamental laws of the Universe and in the right of the researcher to invent invisible, “illogical”, “absurd” concepts and postulates, experimentally verifiable only together with the theory based on them. This postulate of fundamental cognitive optimism combines bold ingenuity with a humble need for empirical verification. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal scholars from (...) embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

This review essay on John Rawls’s The Law of Peoples focuses on two of its more contentious claims. The first is that international economic justice is secured by a principle of assistance and that a principle of distributive justice will in fact have “unacceptable” results. The other is that certain non-liberal societies, or peoples, fall within the limits of international toleration. The essay evaluates and critiques these claims from a liberal cosmopolitan perspective.

We show that the so-called Multiple-Computations Theorem in cognitive science and philosophy of mind challenges Landauer’s Principle in physics. Since the orthodox wisdom in statistical physics is that Landauer’s Principle is implied by, or is the mechanical equivalent of, the Second Law of thermodynamics, our argument shows that the Multiple-Computations Theorem challenges the universal validity of the Second Law of thermodynamics itself. We construct two examples of computations carried out by one and the same dynamical process with respect to which (...) Landauer’s principle implies contradictory predictions concerning the entropy increase. Our two examples are based on a weak version of the Multiple-Computations Theorem, which is quite uncontroversial, and therefore they amount to a clear refutation of the universal validity of Landauer’s Principle. We consider some responses to this argument that do not attempt to single out one computation over the others, and we show that they do not work. We further consider ways out of the argument by externalist approaches supporting the computational theory of the mind who propose that the interaction of a computing system with the environment is enough to select a single computation over the others. We show on physical grounds that this approach fails too. We then reverse the direction of our challenge and formulate a dilemma for supporters of the computational theory of the mind: they must reject the causal closure of physic; or else they must accept on a priori grounds that Landauer’s Principle and the Second Law of thermodynamics are not universally valid. Finally, we present our version of a type–type mind-brain identity theory called Flat Physicalism, which is based on the paradigm case of statistical mechanics, and we show that it circumvents the challenge from Landauer’s Principle and the Multiple-Computations Theorem and does not fall prey to our dilemma. (shrink)

Hobbes’s account of the individual’s right to resist sovereign authority is nuanced. His allowance for cases in which a sovereign’s command falls outside the terms of the social contract, despite recent reappraisals, cannot rescue him from the accusation that his system is contradictory. It has been suggested that some Hobbesian rights can be transferred whilst others are quarantined, or that it is the institution of law, rather than the particular commands of the sovereign, which Hobbes ultimately upholds. By reconsidering Hobbes’s (...) concept of sovereignty alongside his theory of natural law, I argue that his system remains in tension with itself. Hobbes’s prioritisation of sovereign judgement over that of the individual, when combined with the principles he retains from the natural law tradition, renders his theory of resistance irreconcilable with his position on sovereignty. (shrink)

Despite advances in feminism, the "law of the father" remains the dominant model of Western psychological and cultural analysis, and the law of the mother continues to exist as an underdeveloped and marginal concept. In her radical rereading of the Greek myth, _Oresteia_, Amber Jacobs hopes to rectify the occlusion of the mother and reinforce her role as an active agent in the laws that determine and reinforce our cultural organization. According to Greek myth, Metis, Athena's mother, was Zeus's first (...) wife. Zeus swallowed Metis to prevent her from bearing children who would overthrow him. Nevertheless, Metis bore Zeus a child-Athena-who sprang forth fully formed from his head. In Aeschylus's _Oresteia_, Athena's motherless status functions as a crucial justification for absolving Orestes of the crime of matricide. In his defense of Orestes, Zeus argues that the father is more important than the mother, using Athena's "motherless" birth as an example. Conducting a close reading of critical works on Aeschylus's text, Jacobs reveals that psychoanalytic theorists have unwittingly reproduced the denial of Metis in their own critiques. This repression, which can be found in the work of Sigmund Freud and Melanie Klein as well as in the work of more contemporary theorists such as André Green and Luce Irigaray, has resulted in both an incomplete analysis of Oresteia and an inability to account for the fantasies and unconscious processes that fall outside the oedipal/patricidal paradigm. By bringing the story of Athena's mother, Metis, to the forefront, Jacobs challenges the primacy of the Oedipus myth in Western culture and psychoanalysis and introduces a bold new theory of matricide and maternal law. She finds that the Metis myth exists in cryptic forms within Aeschylus's text, uncovering what she terms the "latent content of the Oresteian myth," and argues that the occlusion of the law of the mother is proof of the patriarchal structures underlying our contemporary social and psychic realities. Jacobs's work not only provides new insight into the Oresteian trilogy but also advances a postpatriarchal model of the symbolic order that has strong ramifications for psychoanalysis, feminism, and theories of representation, as well as for clinical practice and epistemology. (shrink)

The question of when and how the basic concepts that characterize modern science arose in Western Europe has long been central to the history of science. This book examines the transition from Renaissance engineering and philosophy of nature to classical mechanics oriented on the central concept of velocity. For this new edition, the authors include a new discussion of the doctrine of proportions, an analysis of the role of traditional statics in the construction of Descartes' impact rules, and go deeper (...) into the debate between Descartes and Hobbes on the explanation of refraction. They also provide significant new material on the early development of Galileo's work on mechanics and the law of fall. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Matter and Mathematics: An Essentialist Account of the Laws of Nature by Andrew YOUNANDominic V. CassellaYOUNAN, Andrew. Matter and Mathematics: An Essentialist Account of the Laws of Nature. Washington, D.C.: The Catholic University of America Press, 2023. xii + 228 pp. Cloth, $75.00Andrew Younan’s work situates itself between two opposing philosophical accounts of the laws of nature. In one corner, there are the Humeans (or Nominalists); in the (...) other, the Anti-Humeans (or Platonists). The goal of the book is to find an explanation for the orderliness of the natural world that avoids falling into the difficulties of the two opposing philosophies. For example, the Humeans treat “events” as fundamental, and the laws of nature follow from these “events.” For the Humeans, reality is essentially random, with any order being something of our own contrivance. Whereas for the Anti-Humeans, the laws of nature are fundamental and are treated as causing events, turning the effect of necessity into the cause of material [End Page 166] characteristics. Looking to Aristotle and Thomas Aquinas, Younan proposes the recovery of a third option, the Essentialist position. This Essentialist position understands substances, that is, individual beings, as fundamental and all else (for example, events and laws of nature) follow from these individual beings. The thesis of the book, generally understood, is that Essentialism evades the critiques that the Humeans and Anti-Humeans put against one another while retaining what is right in each approach.The book is divided into two parts. The book’s first part deals with general objections and replies and is divided into three chapters. Chapters 1 and 2 address the two opposing accounts of nature mentioned, while chapter 3 argues for the benefits of recovering an Essentialist position. Chapter 1 examines the objection that Aristotelian natural philosophy is incompatible with modern science, an objection raised by Descartes. Chapter 2 addresses the objections of the Humeans, namely, that natural philosophy and, with it, causality and induction have been debunked. Chapter 3 looks at the fathers of quantum theory, specifically Heisenberg, and argues that a return to Aristotle’s understanding of nature would benefit the modern scientific project. The book’s second part is an argument for the Essentialist position and is divided into three chapters. Chapters 4 and 5 are the foundation for chapter 6. Chapter 4 is an abstractive account of mathematics, differing from Descartes and his conceptions, which draws on the texts of Aristotle and Aquinas’s Division and Methods. Chapter 5 situates necessity and its role in Aristotelian natural philosophy. Chapter 6 is the author’s attempt at defining what it is to be a law of nature.Younan argues that adopting an essentialist understanding of nature in a system where all knowledge begins in the senses has three significant “payoffs.” The first is that it avoids governance language, that is, it avoids making laws themselves causes of necessity; the second is that it avoids the assertion of a priori knowledge; the third is that it understands individual things as the fundamental primitives in nature, restoring the substance to its proper place as the thing that “stands under” accidental being.The book is concluded with an appendix that explores and rearticulates Thomas Aquinas’s fifth way under the consideration of everything the author had argued for in the book’s main text. Taking as established by the rest of the book that necessity and teleology go hand in hand, Younan argues for a creator God who establishes a universe freely but within certain parameters that follow upon being itself. Younan concludes, with Thomas Aquinas, that laws of nature are “ordinances of reason” that must come from a rational mind. To be as consistent as they are, the laws of nature must be promulgated by God, and they are discoverable within the nature of matter itself.Younan’s book often engages its interlocutors on the big-picture scale, frequently giving generalizations and not going into details to avoid getting bogged down in the weeds. The author is very aware of what he is doing. [End Page 167] It is appropriate since engaging the multiheaded hydra of the schools of thought that Younan... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.4 (2002) 619-637 [Access article in PDF] Maimonides and the Rise and Fall of the Sabians:Explaining Mosaic Laws and the Limits of Scholarship Jonathan Elukin The Koran mentions the Sabi'un three times (II 6-2, V 69, XXII 17). "Believers, Jews, Christians, and Sabi'un—whoever believes in Allah and the Last Day and does what is right—shall be rewarded by their Lord; they have (...) nothing to fear or to regret." This language is repeated in the second citation. The third appearance is slightly different: "As for true believers, the Jews, the Sabi'un, the Christians, the Magians, and the pagans, Allah will judge them on the Day of Resurrection. He bears witness to all things." 1 Early Islamic commentators often disagreed on the identity of the Sabi'un, and the confusion continued throughout the medieval Islamic period. 2 The term Sabi'un was applied by some early Koranic commentators to the survivors of an ancient Jewish-Christian sect, the Elchasites in southern Iraq. 3 One minority group of ethnic Arab "pagans" with a hellenized elite in Harran, in Arabia, also took the Koranic name Sabian in the third/ninth century to claim the status of a "people of the book" and therefore avoid persecution. It is this group that some later Muslims identified as Sabi'. 4 The scholarly consensus now suggests that [End Page 619] the term Sabian refers to some kind of Gnostic identity that can encompass "the disciples of Judeo-Christian baptizing sects... and, on the other, Harranian astrolators, the last representatives of decadent Greco-Roman paganism." 5The mysterious Sabians would play a key role in attempts by early modern European scholars to understand the origins of the Mosaic legislation. It was through Maimonides, the great twelfth-century Jewish scholar, that the Sabians were transmitted to Christian scholars. By the seventeenth century, the Sabians of Maimonides's Guide for the Perplexed had become a fixture in how scholars understood or at least debated the history of the origins of Mosaic law. Increasingly perceived as a diffuse paganism rather than a specific ethnic identity or subsumed by the more tangible reality of Egypt, Sabianism drifted to the margins of scholarship by the end of the Enlightenment. During the nineteenth century the Sabians became superfluous to scholarly efforts to understand the origins of Israelite monotheism. This study is an attempt to understand the growth of the enthusiasm for the Sabians by early modern scholars and then its precipitous decline. In a large degree it was the nature of the evidence itself regarding the Sabians that shaped and ultimately undermined the survival of the Sabians in European thinking. Still, both Christian and Jewish scholars well into the twentieth century lived with the ghosts of the Sabians as they sought to explain otherwise mysterious Mosaic commandments.In the Guide Maimonides argued that the sacrificial system legislated by Moses was an example of God's mercy. It would have been impossible for the Israelites to abandon suddenly the style of idolatrous worship learned in Egypt, and so Moses crafted the sacrificial system gradually to replace false gods with the true God. Maimonides still needed to explain the particular details and reasons for the sacrifices and the other ritual laws. 6 To that end he claimed to have read various texts, particularly the so-called Nabataen Agriculture, which purported to describe Abraham's education among and flight from the Sabians as well as a summary of the practices of the Sabians. 7 (The Sabians had made one brief appearance before Maimonides's discussion in the Guide; the tenth-century Karaite Jew, Qirqisani, declared in his Kitab al anwar, "the modern Christian philosophers assert that the laws of the Torah were given to the Children of Israel only because of God's wrath; and that they [Israel] have chosen these laws for themselves only on account of their resemblance to the laws of the Sabians, which was due to the fact that they became... (shrink)

In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...) to a Nietzschean ground zero for normative values—shares Finnis’s concern with ordering affairs in a way that will realise humanity’s great potential. In presenting enchanted worlds and evolved characters as an antidote to all that is drab and pointless, Bowie has something to tell his audience about how human beings can thrive. Likewise, natural law holds that a legal system should include certain content that guides people towards a life of “flourishing”. Bowie and Finnis look to the past, plundering it for inspiration and using it as fuel to boost humankind forward. The analogy of Natural Law and Natural Rights and Bowie’s magpie-like relationship to various popular music traditions ultimately reveals that natural law theory is not merely an objective and unchanging edict to be followed without question, but a legacy that is to be recreated by those who carry it into the future. Law’s instruments of critique must not forget these transformative qualities. (shrink)

Many libertarians are familiar with the system of private law that prevailed in Iceland during the Free Commonwealth period (930 1262). Market mechanisms, rather than a governmental monopoly of power, provided the incentives to cooperate and maintain order.

The last year, June 1992 through September 1993, has seen a great deal of ferment with respect to access to and financing of health care in the United States. The elections of 1992 portend dramatic changes in the American health care system, and vigorous debate regarding both expansion of access to health care and transformation of the health care financing system is taking place at the federal and the state levels. In fact, however, the time period covered here produced remarkably (...) few changes in the law, particularly at the federal level. The one piece of Medicare and Medicaid legislation passed by Congress in the fall of 1992, H.R. 11, was vetoed by President Bush immediately after the election. The Omnibus Budget Reconciliation Act of 1993 contained a host of minor adjustments to the Medicare and the Medicaid programs, but only the Medicaid asset transfer provisions and extensions to the self-referral provisions of the fraud and abuse laws, discussed below, are of import to us. (shrink)

The last year, June 1992 through September 1993, has seen a great deal of ferment with respect to access to and financing of health care in the United States. The elections of 1992 portend dramatic changes in the American health care system, and vigorous debate regarding both expansion of access to health care and transformation of the health care financing system is taking place at the federal and the state levels. In fact, however, the time period covered here produced remarkably (...) few changes in the law, particularly at the federal level. The one piece of Medicare and Medicaid legislation passed by Congress in the fall of 1992, H.R. 11, was vetoed by President Bush immediately after the election. The Omnibus Budget Reconciliation Act of 1993 contained a host of minor adjustments to the Medicare and the Medicaid programs, but only the Medicaid asset transfer provisions and extensions to the self-referral provisions of the fraud and abuse laws, discussed below, are of import to us. (shrink)

All of us had fallen from 100 stories.Falling is rarely a good thing. It is something to avoid for safety, and such avoidance, for those of us fortunate enough to be in good health, has been burned into the unconscious memory of our muscles and bones. Unless we find ourselves in high places, or on some kind of precipice, falling tends not to be on the mind. It is, most of the time, a surprise.But it is also always a possibility, (...) in part because of one of those characteristics that define the human—our upright posture. Without this trait that. (shrink)

In his essay ‘Critique of Violence’, Walter Benjamin subjects violence to a critique in order to establish the criterion for violence itself as a principle. His starting point is the distinction between law-positing and law-preserving violence. However, these are for him inseparable and subjected to the law of historical change: the history of the law is nothing but the dialectical rising and falling of legal orders. Benjamin’s analysis of legal violence and his criticism of parliamentary democracies, this article advances, should (...) be related to the critical analysis of the possibilities for alternative politics in contemporary democratic rule of law states, as those advanced by Bernard Noël, Philippe Lacoue-Labarthe, Jean-Luc Nancy and Jacques Rancière. For Benjamin, it is only law-destroying divine violence, whose principle is justice, not power, that is able to break this circle and open up a new era. Divine violence is, however, not only a provocative but also an extremely problematic, even dangerous, concept, as Jacques Derrida, among others, has claimed. This article considers, therefore, whether the concept of divine violence has any real political relevance in the contemporary era. (shrink)

Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist aims and associated measures are explained—all (...) of which look beyond conviction rates to qualitative and victim-centred outcomes of criminal justice processes. Applying these measures, I argue that strategies designed solely to increase conviction rates are more likely to work against, rather than in support of, feminist aims. The paper thus underscores the need for continued feminist engagement with rape law reform, broadly conceived, notwithstanding its acute limitations for feminist anti-violence politics. (shrink)

I extract some philosophical morals from some aspects of Lagrangian mechanics. One main moral concerns methodology: Lagrangian mechanics provides a level of description of phenomena which has been largely ignored by philosophers, since it falls between their accustomed levels---``laws of nature'' and ``models''. Another main moral concerns ontology: the ontology of Lagrangian mechanics is both more subtle and more problematic than philosophers often realize. The treatment of Lagrangian mechanics provides an introduction to the subject for philosophers, and is technically elementary. (...) In particular, it is confined to systems with a finite number of degrees of freedom, and for the most part eschews modern geometry. (shrink)

In 'Yeogi (禮記)', the Chinese scriptures of Confucianism, they recoded the solar calendar of modern viewpoints. According to the ancient document, the 24 solar terms was one of seasonal divisions in a year. The regularly change of the four seasons play an important part in the national economic project. For a national economy depended on agriculture in East Asia of ancient times, the administration to pay no regard to the change of the season was directly connected to the fall (...) of the nation. And then the legislator must enact laws to reflect the change of the season. According to the 'Wolryeong (月令)' in 'Yeogi (禮記)', there is recoded national regulations to suit with the each twelve momth. The first month of spring is the prime of the year (February). The month shows sign of new livingthings. The ruler take order to protect the first breath of spring and ought to put a ban on the military training and labor mobilization. The reasons are to safeguard the new life and not to interrupt the preparation for farming. Confucian attach value to the nature within a human’s way of life. Therefore the norm of human do correlate closely with the principle of nature. The rule of Wuju (宇宙) was not a simple concept of the natural phenomenon and Cheon (天) was not the Almighty for himself. Cheon was just the existence of virtue and moral influence in the confidence of man. And Ji (地) was the Mother of all things. In this space man had to manage the world in sympathy with the process of cheonJi (天地); Cheonsi (天時), JIri (地利), Inhwa (人和). (shrink)

The topic of laws of nature provides a kind of Rorschach test for philosophy. Some philosophers see in laws only Humean regularities; others see a kind of physical necessity; others see a necessity closer to logical necessity; others see expressions of causal powers; others see inference tickets; still others see relations between universals; ... ; and some see only a messy inkblot. We can also perform a meta-Rorschach test on the results of the first test. When van Fraassen and I (...) submit ourselves to this meta-test we both recoil with shock and horror. Where we differ is in drawing morals from this un- pleasant experience. For me the opprobrium falls mainly on the way philos- ophy is practiced. For van Fraassen, the disgrace also touches the practice, but for him the source is the rottenness of the concept of laws. (shrink)