Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in (...) Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

The book intends to interpret how different religions articulate their territories and manage the relationship with other religions, understanding systems and multiple everyday spaces, in a dynamic that is not only a component of contemporary reality, but is central to living it. The underlying thesis is that religion is the great geopolitical issue of our time, but an interpretation is only possible in terms of religious plurality and how ideas, symbolism, subjectivities and practices are incorporated in the daily life (...) of those who share the religious times and spaces, producing territorial identities and imaginary concrete cartographies as world projects. The volume has articles that focus on the religious space being gestated, expanded, contracted, celebrated or represented as a foundation for common life, as well as inter-religious conflicts arising in a world of diverse and differential coexistence. It is not a debate about classical geopolitics, but how geopolitical relations cross cultural-religious experience. (shrink)

Was Sabellius really a Libyan? Examining contemporary sources and ancient historiography on one of the most enigmatic heretics in the history of dogmas, the article shows that the Libyan origin of Sabellius is unlikely, and that it is an exaggeration to claim that Libya was a Sabellian home in the third century. Eusebius of Caesarea is probably guilty of having identified the adversaries of Dionysius of Alexandria located in Ptolemais as disciples of Sabellius, and the testimony of Origen on the (...) theology of the identification between the Father and Christ is too abstract to deduce that this theology was as widely diffused in the East as it has previously been held. (shrink)

This paper has a double purpose: firstly, to assess the importance of seiðr magic rituals and of its practitioners within the social and mythological framework of Old norse-icelandic Literature. Secondly, by means of the analysis of certain scenes in The Saga of Gísli Súrsson, i aim to demonstrate that the inclusion of magic-religious motifs in the Sagas of icelanders has a triple objective: to provide a model to help understand apparently inexplicable phenomena, to intensify the tragic tone of the plot (...) and finally to depict those involved in the performance of seiðr in a very negative light. (shrink)

Almost all religions contain a code of morality, and in spite of the factthat there are moral codes and philosophies that do not rely upon anyreligion, it has been traditionally argued that there are at least threeimportant ways in which morality needs religion: the goal of the morallife is unreachable without religious practice, religion is necessary toprovide moral motivation, and religion provides morality with itsfoundation and justification. These three ways in which morality may (...) needreligion are independent, but I argue that there are conceptual connectionsamong the standard arguments for them. I identify reasons for resistance tothe idea that morality needs religion and then turn to arguments for each ofthe three ways in which morality may need religion. All three are related toclassic forms of the moral argument for the existence of God. I conclude bycomparing classic Divine Command Theory with my Divine Motivation Theory andargue that the latter has advantages over the former in the way it providesa theological foundation for ethics. (shrink)

In this article, I look at recent developments in the field of the Philosophy of the relationship between morality, understood in a realist manner, and the primary object of religious belief in the monotheistic religions, God. Some contemporary solutions to the Euthyphro dilemma and versions of moral arguments for the existence of God are discussed.

Este artículo trata sobre el filósofo chileno Jenaro Abasolo. Se expone en él, primeramente, la producción literaria de Abasolo y la nula receptividad que su obra tuvo en los círculos intelectuales de su tiempo, aludiendo, a la vez, al concepto central de su filosofía, es decir, la idea de personalidad. Luego, y más extensamente, se presentan las consideraciones de Abasolo respecto de algunas de las problemáticas sociales y económicas discutidas en los inicios de la República, abordando temas como la moral, (...) la religión, el fin social y la libertad. This artick is a treatise on the Chilean philosopher Jenaro Abasólo. Vrimarilj, it exposes Abasólo, his literary production, and the complete lack of attention that his oeuvre recieved from the intellectual áreles of his period. It alludes, at the same time, to the central concept of his philosophy, Le., the idea of personality. Later and more extensively, it presents Abasolo’s considerations regarding social and economic issues discussed at the beginning of the Republic, addressing topics such as morality, religión, social order and freedom. (shrink)

Este artículo trata sobre el filósofo chileno Jenaro Abasolo. Se expone en él, primeramente, la producción literaria de Abasolo y la nula receptividad que su obra tuvo en los círculos intelectuales de su tiempo, aludiendo, a la vez, al concepto central de su filosofía, es decir, la idea de personalidad. Luego, y más extensamente, se presentan las consideraciones de Abasolo respecto de algunas de las problemáticas sociales y económicas discutidas en los inicios de la República, abordando temas como la moral, (...) la religión, el fin social y la libertad. This artick is a treatise on the Chilean philosopher Jenaro Abasólo. Vrimarilj, it exposes Abasólo, his literary production, and the complete lack of attention that his oeuvre recieved from the intellectual áreles of his period. It alludes, at the same time, to the central concept of his philosophy, Le., the idea of personality. Later and more extensively, it presents Abasolo’s considerations regarding social and economic issues discussed at the beginning of the Republic, addressing topics such as morality, religión, social order and freedom. (shrink)

The present article investigates how psychological theories of morality approach the relation between morality and religion, debating the role religion plays in human moral development in contemporary societies. Firstly, we critically discuss how the major approaches of morality in psychological theory and research view human moral conduct and moral reasoning. Secondly, we appraise cultural psychology conceptualizations of morality, depicting how they fit religion in a relativist approach on what is moral. Thirdly, capitalizing on (...) the findings of cross-cultural research regarding the relation between morality and religion, we debate and present a pilot study on directions in researching the relation between religion and a psychological approach of morality. (shrink)

A number of important religious views entail that the ontological and epistemic relations between religion and morality are tighter than most secular thinkers suppose. We will focus on three theistic metaethical accounts of moral phenomena and moral knowledge: natural law theories, divine command theories, and divine will theories. These three types of accounts are among the most dominant in the philosophical literature on theistic ethics in contemporary anglophone philosophy, perhaps owing to their connection to major Western religions such (...) as Christianity, Islam, and Judaism. It is important to note, however, that they hardly exhaust the conceptual space. Intellectual traditions of other religions such as Hinduism, Buddhism, Sikhism, traditional Chinese religions, and African religions raise distinct philosophical questions about and offer a host of alternative views on the relationship between religion and morality (Jeffrey 2019). We close by offering a few such examples, though it is outside the scope of this chapter to provide a comprehensive survey of available views. (shrink)

Challenged by moral nihilism we have three options: some sort of “Protagorean” conventionalism, a transcendentally rooted version of “naturalism” originally identified by Plato and fleshed out by Augustine, and a “virtual” morality cynically marketed as objective. Conventionalism, however, fails to ground obligation, which could thus be justified only by “Augustine's” alternative, which he developed from its original in three ways: by proposing a personal first principle, thus emphasising respect for every individual; by deepening our awareness of evil in reinforcing (...) the notion of “crime” by that of “sin” against the nature and consequent commands of a personal God; and by locating us in no timeless sphere of pure rationality but in our particular historical space. Religion (so understood) and moral obligation stand or fall together. (shrink)

Belief in the ultimacy and distinctiveness of ethical principles has been challenged in many ways to-day. The advance of science, especially in the fields of psychology and anthropology, has provided the relativist and the sceptic with many new weapons to put in their armoury; and the positivist has launched a very subtle attack. The present state of society, both in the internal affairs of the peoples of the world and in their inter-relations, has brought many moral principles into contempt. But (...) there have also been notable advances, especially where more self-effacing virtue is concerned. Philosophers have also rebutted the attacks of the sceptic with peculiar incisiveness and vigour; indeed we know better to-day than at any other time just what we must hold if the objectivity of ethics is to be maintained. How the battle is going is by no means easy to determine. But there is one corner of the field, and that the one from which the most powerful attack of all may be delivered, which the upholder of the ultimacy of moral truths has left almost wholly undefended, so lightly does he estimate the danger from that quarter. That is the religious one. Account has been taken of the arguments of the sociologist and the Freudian psychologist, but it has been assumed, with astonishing naïveté, that religion is an ally to be wholly relied upon. But morality and religion have often been in conflict, and they seem to be so as much as ever to-day. For some of the most powerful forces in our religious life, and those which are in some ways most attuned to our needs, seem to be wholly inimical to the moral life. It is with this aspect of the vast problem of morality and religion that we can best concern ourselves in a course with the general title of “Moral and Political Conflicts of Our Time.”. (shrink)

Although Thomas More’s description of the Utopians’ ‘Epicurean’ position in philosophy nominally coincides with Erasmus’s defence of the Philosophia Christi, More shows no concern for the arguments Erasmus gave in support of this view. Taking its starting point from Erasmus’s depreciations of the body and More’s intellectual as well as physical preoccupations with the bodily sphere, this article presents the theme of the human body and its moral and religious significance as a test case for comparing Erasmus and More. The (...) treatises both men wrote on Christ’s suffering in the Garden of Gethsemane confirm that both authors dealt with the notion of the body in contrasting ways: Erasmus shows a tendency to address the moral-psychological question of mentally conquering the worldly self, whilst More highlights the way in which ordinary facts and physical things may carry spiritual and religious meaning. Paradoxically, Erasmus consistently applied his spiritualized ideal of man to this-worldly moral and social concerns, whereas More focused on the physical domain out of a religious interest in transcendent truths. In line with Giulia Sissa’s thesis, our hypothesis is that More ostensibly appropriated an Erasmian type of idealism in Utopia, but, contrary to Erasmus himself, focused on the exterior form of a virtuous society, rather than on its moral and spiritual preconditions. While Erasmus advocated a mental transformation towards reason, More’s Utopia envisioned what might come of this. (shrink)

Kant approaches the problem of moral evil by recalling the general Critical doctrine that the free moral acts of human agents express a noumenal, timeless, choice, which is made once for all and is the ground of all temporal moral choices. The limitations of speculative reason in the sphere of religion are emphasised by Kant when he admits the existence of totally incomprehensible ‘holy mysteries’ in religion. Kant holds that every ecclesiastical faith, which is founded in some historical (...) revelation, is perhaps a means to bringing about the moral church; but such faiths must wither away, for claims to revelation are incompatible with universality. Kant is totally opposed to any devotional exercises to God, except as a means to cultivating the moral disposition; or to any characterisation of God in anthropomorphic terms, as a tyrant or ruler with an arbitrary will. (shrink)

The publication in 1957 of the Wolfenden Report occasioned a celebrated controversy in which profound theoretical issues concerning the relation between law and morality, and the legal enforcement of morality were discussed. The principal disputants were Lord Justice Devlin and Professor H. L. A. Hart. It is by now well known that the main recommendation of the Wolfenden Report was the reform of the criminal law so that homosexual behaviour in private between consenting male adults should no longer (...) be a criminal offence. As homosexual behaviour in Christendom was at the outset punishable in the ecclesiastical courts, and subsequently, with the demise of the ecclesiastical courts, in the secular courts, the Wolfenden recommendation on homosexuality marked a major departure from the prevailing state of affairs in which the precepts of Christian morality, especially relating to sexual morals, were at first enforced by the ecclesiastical courts, and then by the secular courts. (shrink)

Donald Broom argues that morality and the central components of religion are of great value, and presents two central ideas. He asserts that morality has a biological foundation and has evolved as a consequence of natural selection, and that religions are essentially the structures supporting morality. Many philosophers and theologians write about morality and its origins without reference to biological processes such as evolution. Likewise, biologists discuss phenomena of importance to human morality and (...) class='Hi'>religion without taking account of the thoughts of others on these subjects. (shrink)

The article fits into the debate regarding space, time and nature in dialogue with the world lived by subjects that build up themselves or are built as mythological heroes, source of speech and spacial concrete practices. It's a poorly explored field in Geography that recently approaches to the cultural dynamic debate, to the symbolic field and also to their spacialization processes. The aim is to discuss the possibility of understanding in the present time about the space organization processes related to (...) the society's previous moments, in a space/time dialectics which articulate the present and past times in a complex and non linear way. Methodologically, starting from a literature review about the theme, the present study was linked to the field and documental research about migration to the vicinal ways of Transamazônica Highway (BR-230 Highway), the creation of the "Centro Espírita União do Vegetal", a religion that arises in the Amazon and set up its headquarters in Brasília and the construction of Brasilia as a modern metropolis without a past. The conclusion points at the possibility of space/time nexuses linking the Myth of Nature to the Creation of Heroes, constantly appropriated and with new meanings, in order to support speeches and new actions dialectically throughout the Brazilian contemporaneous space. (shrink)