The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems satisfactory as it stands. This paper proposes that relative plausibility theory be modified in two substantial ways. The first is by defining its key concept of plausibility, hitherto treated as primitive, by generalising the standard axioms of probability. The second is by complementing the descriptive component of the theory with a normative decision (...) theory adapted to legal process. Because this version of decision theory is based on plausibilities rather than probabilities, it generates plausibilistic expectations as outputs. Because these outputs are comparable, they function as relative plausibilities. Hence the resulting framework is an extension of relative plausibility theory, but it retains deep ties to legal probabilism, through the proposed definition of plausibility, and to Bayesian decision theory, through the normative use of decision theory. (shrink)

The “fallacy of negative evidence” in historical scholarship is well exemplified by the assumption that In agro dominico, John XXII's bull condemning the errors of Meister Eckhart, was published only in the ecclesiastical province of Cologne. Scholarship on the subject has taken the limited publication of In agro dominico for granted on the grounds that nothing has been known to show that the bull was sent elsewhere. Seeing “nobody on the road,” some experts have even been able (...) to see wording in papal legislation that normal eyesight cannot find, namely, an explicit statement limiting the publication of the bull against Eckhart to the city, diocese, and province of Cologne. Were it true that John XXII restricted the publication of In agro dominico, then it might follow, as some recent scholars have maintained, that John wished to minimize the significance of Eckhart's trial and its outcome. But is it true? (shrink)

This chapter contains sections titled: The Benthamite Legacy The Regulation of Proof The “New” Evidence Scholarship Future Directions of the Law of Evidence References.

In lieu of an abstract, here is a brief excerpt of the content:A New Direction for Comparative Studies of Buddhists and Christians:Evidence from Nāgārjuna and John of the CrossAbraham Vélez de CeaIs Nāgārjuna's emptiness a means to point out the inadequacy of logic and concepts to express the nature of the Ultimate Reality? Similarly, are John of the Cross's concepts of nothingness and emptiness examples of the apophatic path to God? In sum, is emptiness in Nāgārjuna and John of (...) the Cross comparable to the Christian via negativa and the apophatic path to God?If you answered yes to any of these questions, I believe you might be interested in reading this article carefully. You are not alone; in fact most if not all previous discussions of Nāgārjuna and John of the Cross in the field of Buddhist-Christian studies have assumed an affirmative answer to the former questions. The comparisons of D.T. Suzuki, Thomas Merton, and the Kyoto school between the Christian God and Buddhist emptiness, as well as the comparisons of members of the Masao Abe–John Cobb group, have greatly contributed to this apophatic interpretation of emptiness. The enormous contributions of D. T. Suzuki, Thomas Merton, the Kyoto school, and the Abe-Cobb group to the field of Buddhist-Christian studies cannot be sufficiently praised and appreciated. However, the future of Buddhist-Christian studies and Buddhist-Christian dialogue requires a new comparative direction, a shift from comparative theory to comparative praxis, from doctrinal comparisons to more ethical and spiritually relevant comparisons.This new direction provides Buddhist-Christian studies with a more practical orientation necessary for the urgent needs of our planet as well as for the needs of a growing number of members of different religions with pluralist attitudes. By pluralist attitudes, I do not mean a relativistic standpoint, but rather an attitude of intellectual humbleness and dialogical openness toward other religions. That humble and dialogical openness seeks neither to proselytize nor to create a new religion. Rather, the objective is to build bridges of understanding and solidarity among religious communities and to be personally enriched by the contributions of all religions.In order to justify the need for this new and more practically oriented comparative [End Page 139] direction, it is imperative to review previous scholarship in the field of Buddhist-Christian studies. A comprehensive analysis of all past scholarship would be too ambitious a goal for the purpose of this article. Thus, in the first part of this article I limit myself to reviewing those questionable hermeneutical tendencies that I have identified in former Buddhist-Christian discussions of John of the Cross and Nāgārjuna. In the second part, I continue the justification of this new direction for Buddhist-Christian studies by providing a specific example, namely, a comparison of the instrumental ethical function of emptiness in Nāgārjuna and John of the Cross.Hermeneutical Tendencies in Previous Buddhist-Christian Studies of John of the Cross and NāgārjunaHermeneutical Tendencies in Comparisons of John of the Cross and BuddhismIn the case of John of the Cross, I have identified three questionable hermeneutical tendencies. The first one is to exaggerate the similarity between John of the Cross and Buddhism. Take, for example, what Thomas Merton—whose pioneering work on Buddhist-Christian dialogue deserves careful study—said in 1968: "Frankly, I would say that Zen is nothing but John of the Cross without the Christian vocabulary" (quoted in Nugent 1996: 53). This comparison suggests that the teachings of Zen and John of the Cross are virtually identical, neglecting important differences between them.Similarly, Christopher Nugent compares John's experience of one's own true self to the experience of Buddha-nature, and describes satori as a fusion of all and nothing, and the coincidence of opposites. For Nugent, John of the Cross is not only a Zen master, but also "more Taoist than dualist" (1996: 62–64). These comparisons of John of the Cross to Zen and Taoism concepts fail to bring justice to his ideas. John of the Cross cannot be categorized a nondualist because he maintains a clear distinction between God and creatures. Similarly, from an ethical... (shrink)

Objective Compare outcome of dogs that did and did not receive fresh frozen plasma (FFP) for treatment of pancreatitis. Design Retrospective case series between 1995 and 2005. Setting University referral hospital. Animals Seventy-four dogs were enrolled with a total of 77 Cases as 2 dogs had repeat episodes of pancreatitis. Diagnosis of pancreatitis was based on clinical signs, physical examination, and abdominal ultrasonographic examination. Interventions The medical database was searched for dogs with a diagnosis of pancreatitis. Information collected included signalment, (...) vital signs, CBC, use of FFP, length of stay, use of antimicrobials and supplemental nutrition, surgical intervention, preexisting illness, evidence of a coagulopathy and outcome. Outcome was compared between those patients that did and did not receive FFP. Measurements and Main Results Fifty-nine dogs survived to discharge. Two dogs with repeat pancreatitis survived to discharge after each episode. Thirteen dogs died and 2 were euthanized. FFP was administered to 20 dogs. Two dogs that were hospitalized for repeat pancreatitis did not receive FFP. Seven of 20 (35%) cases that received plasma died or were euthanized compared with 6 of 57 (12%) cases that did not receive plasma. Plasma administration was significantly related to outcome (P<0.001). Severity of illness scores were difficult to assign, however, dogs meeting criteria for systemic inflammatory response syndrome were not more likely to receive FFP. Other therapies included supplemental nutrition, antimicrobials, and surgical intervention, which did not affect outcome. Conclusions Mortality rate for those dogs receiving plasma was higher than those that did not. Severity of illness scores were difficult to assign; however, preexisting illness, evidence of systemic inflammatory response syndrome, and presence of a coagulopathy were not significantly different between the groups that did and did not receive FFP. No benefit for administration of FFP was noted. Additional investigation should be performed to confirm this result. 2009 Veterinary Emergency and Critical Care Society. (shrink)

Nurses in Ghana believe that training, practise, practitioner and policy reforms are required for total nursing profession reform to be effective. Their views for role reformation in the nursing profession, which is currently needed, are not only academic but also clinically relevant in the pursuit of health equity and quality nursing care. We explored and described nurses’ views on their roles in the profession using data collected from 24 professional nurses in three regional hospitals in Ghana. Using an inductive descriptive (...) qualitative design, data were gathered and analysed using a qualitative content analysis to describe the views of the nurses. Four major themes, namely practise reforms, practitioner reforms, training reforms and policy reforms have emerged in relation to role reformation in the nursing profession. Three strategic areas, practitioner attitudes, new training modalities and policy realignment, must be reviewed and remodelled for better positioning of the nursing profession before its entire role reformation. (shrink)

The last twenty years have seen a remarkable increase in scholarly work on the Presocratics: new texts have appeared, new interpretations have been advanced, and a new appreciation for the scientific and philosophical claims of the early Greek thinkers is evident.1 There has been a general broadening of the questions that have been examined: scholars have been exploring the supposed boundaries of Presocratic thought, and new work on reception history and on the transmission of texts has enriched our understanding of (...) the earliest Greek philosophers. Here, I survey some of the trends and results of the new Presocratic scholarship.2Because no complete Presocratic text survives, those who work with the early Greek .. (shrink)

Onians' remarkable work of scholarship sought to deal with the very roots of European civilization and thought: the fundamental beliefs about life, mind, body, soul, and human destiny that are embodied in the myths and legends of the ancients. The volume is remains a fascinating collection of ideas and explanations of cultures as diverse as the Greeks and the Norse, the Celts and the Jews, and the Chinese and the Romans.

By exploring the role of student identities in shaping attitudes to learning, this study asks how design students draw on experience to work across theory and practice. It explores how a specific group of design undergraduate students in a UK university perform on two distinct learning experiences on their course: work placement and dissertation. In particular, it considers the context for learning: the value placed on practice and scholarship; the role of social identity; links between art and design education. (...) Using Bourdieu’s concept of ‘habitus’ the discussion considers the role of experience and motivation in learning in design education, and questions how useful historical divisions drawn between theory and practice are to student learning in design education. By questioning the value of internal disciplinary conflicts to student learning, it asks how we distinguish between vital pedagogic processes and divisive practices in higher education. (shrink)

The New Edith Wharton Studies uncovers new evidence and presents new ideas that invite us to reconsider our understanding of one of America's most highly acclaimed, versatile, and prolific writers. The volume addresses themes that have previously been missed or underdeveloped, and examines areas where previous scholarship does not take account of key, contemporary issues: Wharton and ecocriticism, Wharton and queer studies, Wharton and animal studies, Wharton and whiteness, and Wharton and contemporary psychology. Essays explore Wharton's treatment of (...) the poor in her emerging career, the ways in which French thinkers helped her envision community, the importance of Greece to Wharton, her transnationalism, the ongoing revelations of the author's archives, and new perspectives on her agency in the literary marketplace. It addresses key themes and examines contemporary issues, while reassessing Edith Wharton's life and career. (shrink)

The New Edith Wharton Studies uncovers new evidence and presents new ideas that invite us to reconsider our understanding of one of America's most highly acclaimed, versatile, and prolific writers. The volume addresses themes that have previously been missed or underdeveloped, and examines areas where previous scholarship does not take account of key, contemporary issues: Wharton and ecocriticism, Wharton and queer studies, Wharton and animal studies, Wharton and whiteness, and Wharton and contemporary psychology. Essays explore Wharton's treatment of (...) the poor in her emerging career, the ways in which French thinkers helped her envision community, the importance of Greece to Wharton, her transnationalism, the ongoing revelations of the author's archives, and new perspectives on her agency in the literary marketplace. It addresses key themes and examines contemporary issues, while reassessing Edith Wharton's life and career. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 463-482 [Access article in PDF] The "Antiquarianization" of Biblical Scholarship and the London Polyglot Bible (1653-57) Peter N. Miller The sixteenth and seventeenth centuries were the heroic age of the antiquaries. Roaming from text to context and back again, these scholars completed the revolution begun by the humanists who realized that Greek and Roman texts could never be understood isolated (...) from the men and societies that made them. These scholars, from Petrarch to Poggio, from Panvinio to Peiresc to Perizonius, looked beyond the page and collected, described, and compared the material remains of the ancient world. That these investigations transformed the understanding of the past and effected a revolution in the method of historical inquiry was insisted upon by Arnaldo Momigliano beginning half a century ago. 1 In recent years these antiquaries have also attracted the attention of historians of early modern art, science, archaeology, politics, and scholarship. 2 [End Page 463]This renewed focus on antiquaries as agents of late humanism has tended to concentrate on their contribution to understanding ancient Greece and Rome, but they were also responsible for the first generation of serious scholarship about the ancient and modern Near East. Drawing on the same methods to ask the same questions they had asked of classical antiquity these antiquaries directed their attention to the extra-European world. Like the study of the earlier Renaissance of Greece and Rome, that of Israel and Egypt was stimulated by a profusion of new materials, streaming back to scholars' studies from the missionaries, merchants, and diplomats traveling to the Ottoman East in greater and greater numbers. It is breadth of inquiry that characterizes this new approach--more texts in more languages--but also a much greater explanatory weight placed on objects as evidence and more confidence in using knowledge provided by people presently living in far-away places to shed light on those who lived there long ago. In this approach to a region and its culture as a whole early modern antiquaries created oriental studies.Because so much of the contemporary interest in the Near East was driven by the ingrained association of these lands and their peoples with the history narrated in the Bible, early oriental studies is inseparable from biblical scholarship. Pietro della Valle's letters from the East were, after all, signed "Il Pellegrino," and Fabri de Peiresc's efforts to recover the Samaritans and their history were triggered by his desire to contribute to the publication of their Pentateuch. It is because oriental studies like these were shaped by the ways and means of antiquaries that so much seventeenth-century biblical scholarship can be described as having been "antiquarianized." Like the earlier humanists who had given Virgil and Horace a context, those fascinated and obsessed with understanding every jot and tittle of the sacred text turned to the Bible's context for help: the history of the ancient Near East as it could be reconstructed from texts, objects, and the long-lived traditions preserved by marginal groups like the Samaritans or in out of the way places like the Coptic monasteries of Wadi Natrûn. This antiquarianization reflects the move from the word to the world that had begun with Petrarch. Early modern sacred philologists--the Englishman Thomas Fuller called this figure "The True Church Antiquary"--set out to prove, by the most sophisticated methods available, that sacred history was historical.At the heart of this inquiry lay a belief in historia sacra, understood as both a theory of providential history and a methodology of historical scholarship. The theory gave them the confidence to pursue with reason the truth of revelation because all had to reflect the plan of the One Creator. The practice encouraged scholars to recruit the evidence of history, philosophy, archaeology, and geography to the service of the sacred, all confirming the triumph of Christianity. They [End Page 464] were convinced that erudition could only amplify, and not undermine, the conclusions already reached by faith. 3 It was this... (shrink)

Patient preference predictors (PPPs) promise to provide medical professionals with a new solution to the problem of making treatment decisions on behalf of incapacitated patients. I show that the use of PPPs faces a version of a normative problem familiar from legal scholarship: the problem of naked statistical evidence. I sketch two sorts of possible reply, vindicating and debunking, and suggest that our reply to the problem in the one domain ought to mirror our reply in the other. (...) The conclusion is thus conditional: if we think the problem of naked statistical evidence is a serious problem in the legal domain, then we should be concerned about the symmetrical problem for PPPs. (shrink)

Machine generated contents note: 1 A Plea for a New History of Philosophy in India -- 2 Towards a Field Theory of Indian Philosophy: -- Suggestions for a New Way of Looking at Indian Philosophy -- II -- 3 Indian Philosophy in the First Millennium A.D.: -- Fact and Fiction -- 4 Where are the Vedas in the First Millennium AD.? -- 5 Vedinta in the First Millennium A.D.: The Case Study -- of a Retrospective Illusion Imposed by th Historiography (...) -- of Indian Philosophy -- III -- 6 Prltftyasamutpada-Does it Say Anything New? -- 7 ilow Anekantika is Anekanta? Some Reflections on the -- Jain Theory of Anekfntavada -- IV -- 8 MTmamsa before JaiminT: Some Problems in the -- Interpretation of Rule in the Indian Tradition -- 9 The MTmamsaka versus Yajfiika: Some Further Problem in -- the Interpretation of Sruti in the Indian Tradition -- 10 Syena yaga: The Achilles Heel of Sruti in Indian Tradition -- 11 Is the Doctrine of Arthavada Compatible with the -- Idea of Srut? -- V -- 12 The Myth of the Prasthana TrayF -- 13 Is "Tattvam asi" The Same Type of Identity Statement as -- "The Morning Star is the Evening Star"? -- 14 Can the Analysis of Adhyasa ever Lead to an -- Advaitic Conclusion? -- 15 Was Acarya Samkara Responsible for the Disappearance -- of Buddhist Philosophy from India? -- VI -- 16 Is Nyaya Realist or Idealist? -- 17 Can Navya Nyaya Analysis Make a Distinction -- between Sense and Reference? -- VII -- 18 Did the GopTs Really Love Krsna?: Some Reflections -- on Bhakti as a Purusartha in the Indian Tradition -- 19 The Vamasrama Syndrome of Indian Sociology -- 20 'Shock-proof, 'Evidence-proof, 'Argument-proof -- World of Sampradayika Scholarship of Indian Philosophy -- 21 Nyaya; Realist or Idealist: Is the Debate Ended, the -- Argument Completed? -- Appendix. (shrink)

It will be useful to connect the following survey with Giovanni Reale’s important book on Plato, because it reflects forcefully and lucidly the current state of Platonic scholarship. According to Reale, the three historical models of Plato—the Neoplatonic, the Romantic and the currently emerging one—are all paradigms or “disciplinary matrices” in the sense of Thomas Kuhn’s work on scientific theories. This view is fundamentally correct. Reale has adduced sufficient evidence to support it, and Kuhn himself is said to (...) regard favorably the application of his theory to Plato. In the succession of the three paradigms, we may further see a development in which the new view of Plato, which I shall sketch here, assumes the role of a synthesis of the Neoplatonic thesis and its Romantic antithesis in the work of Schleiermacher and Schlegel. Avoiding equally the extremes of too much and too little, the new view neither succumbs to the unhistorical adaptation and systematic transformation of Plato, as does Neoplatonism, nor does it abbreviate his philosophy to the extant literary corpus, as do the Romantics. It takes instead a mediate, historically scrupulous and balanced position between the allegorical interpretation, which prevailed into the eighteenth century, and the subsequently dominant literary interpretation by combining the doxographic tradition, which has its origin in Plato’s oral teaching, with the dialogues and the epistles. This view is careful to include and preserve all the tenable elements of the Romantic paradigm, as, for instance, the correct elements of Schleiermacher’s theory of the dialogue-form. The relation of the new paradigm to the older ones may thus be seen as the correction of the latter and their integration as partial theorems into a more comprehensive general theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Vexed Pharmacopeia: Musings on Two Thousand Years of Scholarship Regarding the Ancient Spice Trade ROGER MICHEL ALEXY KARENOWSKA GEORGE ALTSHULER MATTHEW COBB Alice went back to the table. She found a little bottle on it, and round the neck of the bottle was a paper label, with the words “DRINK ME” beautifully printed on it in large letters. It was all very well to say “Drink me,” (...) but the wise little Alice was not going to do that in a hurry. “No, I’ll look first,” she said, “and see whether it’s marked ‘poison’ or not.” However, the bottle was not marked “poison,” so Alice ventured to taste it, and finding it very nice, (it had, in fact, a sort of mixed flavour of cherry-tart, custard, pine-apple, roast turkey, toffee, and hot buttered toast), she very soon finished it off. “What a curious feeling!” said Alice. —Lewis Carroll, Alice’s Adventures in Wonderland (1865) যে ব্যামোর দেখবেন সাতান্ন রকমের ওষুধ, বুঝে নেবেন, সে ব্যামো ওষুধে সারে না।1 —Syed Mujtaba Ali, চাচা কাহিনী (1955) introduction Mankind’s fascination with spice dates back at least 8,000 years—both culinary and medicinal herbs are referenced in the Vedas, Hinduism’s oldest religious text. Spice is also peppered throughout the Old Testament.2 The Song of Solomon recites: “Thy plants are an orchard of pomegranates, with pleasant fruits; camphire, with spikearion 28.1 spring/summer 2020 2 a vexed pharmacopeia nard and saffron; calamus and cinnamon, with all trees of frankincense; myrrh and aloes, with all the chief spices.”3 Every one of these fruits, plants and spices remained popular in the West throughout antiquity, into the Middle Ages, and beyond. As early as 3000 bc, trade routes had connected the Mediterranean to the near east. Courtesy of this “Spice Road,” ancient Mediterranean civilizations had access to a wide range of horseradishes, mustards, peppers, gingers and other spices. The Greeks and Romans had a special relationship with black pepper—so much so that four out of five recipes in Apicius’s famous 1st century cookbook4 called for a sprinkling of this sometimes-costly commodity. It is perhaps not coincidental that black pepper contains heat-producing alkaloids very similar to those found in New World chili peppers. Much has been written about the important role of chilis in South and Central American culture—a region that, by the Middle Ages, was in many respects the equal of Europe in “artistic sensibility, social complexity, and political organization.”5 The habanero and its capsainoid cousins were at the heart of the culinary and ceremonial customs of Mesoamerica, their biting heat and florid livery an apt metaphor for the “extravagant feats of human butchery”6 —very much in the tradition of the spectacular venationes of ancient Rome—for which the Aztecs at least were well known. To what extent was hot spice also a significant part of the culinary, medical and cultural landscape of the Old World? At a conference hosted by the Institute for Digital Archaeology at the University of Oxford last December, experts from Europe and North America examined the literary, historical, archaeological and scientific evidence around these questions. Their inquiry received a boost from new and rapidly developing techniques for examining the physical evidence of ancient diet and food production—laboratory techniques not available even five years ago. There was also fresh medical evidence to consider: significant research is being done in the area of chemosensation in the context of spicy foods. This Roger Michel, Alexy Karenowska, George Altshuler, Matthew Cobb 3 includes trying to understand how different so-called “TRP channels” in the nervous system process spice information— in particular, the connection between spice and endorphin levels. It appears that many of the hot spices available in antiquity could potentially trigger the same TRP channels as the capsaicin-charged Mesoamerican peppers. This creates a nice connection between old and new world spice that helps to explain and contextualize both. However, in the end, firm conclusions at the Oxford conference were scarce. It quickly became clear that more work, a greater diversity of viewpoints, better refined questions, and a change of venue were required to make additional progress. To paraphrase William Boot, the accidental protagonist of Evelyn Waugh’s autobiographical Scoop (wherein events around... (shrink)

In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship, are caught between the (...) twin evils of increased unreflective populism and pragmatism evident within many law schools and modern legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York, 1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand the nature and function of law in a society of differentiated individuals. (shrink)

Despite the prodigious inventiveness of the Middle Ages, the era is often characterized as deeply suspicious of novelty. But if poets and philosophers urged caution about the new, Patricia Clare Ingham contends, their apprehension was less the result of a blind devotion to tradition than a response to radical expansions of possibility in diverse realms of art and science. Discovery and invention provoked moral questions in the Middle Ages, serving as a means to adjudicate the ethics of invention and opening (...) thorny questions of creativity and desire. The Medieval New concentrates on the preoccupation with newness and novelty in literary, scientific, and religious discourses of the twelfth through sixteenth centuries. Examining a range of evidence, from the writings of Roger Bacon and Geoffrey Chaucer to the letters of Christopher Columbus, and attending to histories of children's toys, the man-made marvels of romance, the utopian aims of alchemists, and the definitional precision of the scholastics, Ingham analyzes the ethical ambivalence with which medieval thinkers approached the category of the new. With its broad reconsideration of what the "newfangled" meant in the Middle Ages, The Medieval New offers an alternative to histories that continue to associate the medieval era with conservation rather than with novelty, its benefits and liabilities. Calling into question present-day assumptions about newness, Ingham's study demonstrates the continued relevance of humanistic inquiry in the so-called traditional disciplines of contemporary scholarship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Current State of Vico ScholarshipDavid L. MarshallGiambattista Vico is one of those chameleon figures in the history of ideas who is so intellectually rich that he can be constantly reinvented. It is indicative of the rich ambiguity of his thought that two of the most prominent intellectual historians working today should have come to opposite conclusions about his relationship to the master-category of eighteenth-century intellectual history: for Mark (...) Lilla, Vico was a Counter-Enlightenment thinker; for Jonathan Israel, he was a figure in the Radical Enlightenment.1 Vico’s fungibility gives reason for pause. Someone who can be folded into all manner of intellectual projects may be suspect. But Vico is more colonizing than colonized and, thus, the diversity of his receptions is evidence of creativity, and not merely malleability. The only way to deal with Vico is to dive into the multiplicity of plausible interpretations and find in them the makings of a new line of inquiry. Vico’s moment of flourishing in the Anglophone world came initially in the 1960s and 1970s, but if the diversity and quality of receptions in the last five years is anything to go by then we can say that Vico remains—especially in Italian, French, and German— an intellectual historical provocateur.This review essay surveys such literature and makes a single recurring observation: the various specifications of Vico’s place in intellectual history come into alignment as dimensions of what one might term Vico’s reinvention of rhetoric. As a professor of rhetoric in a culture that possessed—for [End Page 141] the most part—very weak oratorical institutions, Vico found himself in a particularly paradoxical situation. Recent research on Vico suggests that this paradox worked itself out in Vico’s thought in a number of highly interesting ways. First, Vico constitutes an opportunity for intellectual historians of the scientific revolution by offering a simultaneously rhetorical and pragmatic gloss of the early modern logic of experiment. Second, for intellectual historians of religion, Vico constitutes a study in how early moderns could examine the rhetorical functioning of theological vocabularies without necessarily committing themselves to the independent existence of the referents of those vocabularies. Third, for intellectual historians of Enlightenment, Vico confirms that encyclopedism was not a merely French practice in the eighteenth century and that the kind of omnicompetence implicit in encyclopedic multidisciplinarity had roots in rhetorical criticism. Fourth, intellectual historians of Counter-Enlightenment cannot easily fold Vico into their narratives, in part because his legal works (which have been read as a call for cultural retrenchment in response to early modern skepticism) are in fact an account of how Greek rhetoric found its analogue in Roman jurisprudence. Fifth, for historians of the idea of language, Vico demonstrates that there were powerful alternatives in early modernity to the dominant contractualist account of the origin of language (offered by Hobbes, Locke, and others) that were rhetorical and yet did not emphasize the priority of speech over writing.When it appeared in 1961, Nicola Badaloni’s Introduzione a G.B. Vico was the most sophisticated attempt to locate Vico in the Neapolitan philosophical tradition. In many ways, it remains the best attempt at contextualizing a thinker who is notoriously difficult to situate among his contemporaries. John Robertson’s recent Case for the Enlightenment has many virtues (not least its revealing supposition that Vico ought to be read alongside Hume), but as an attempt at contextualization Robertson’s work is not as rich as Badaloni’s.2 In particular, Badaloni did a great deal to reconstruct the history of natural philosophical inquiry at Naples in the seventeenth and eighteenth centuries. In Badaloni’s description, Naples was a place in which a strong culture of natural philosophical investigation set the foundation for concepts such as experimentalism and pantheism. Furthermore, Badaloni argued that, although such concepts originated in natural philosophy, they cross-pollinated with ideas prominent in the Neapolitan schools of jurisprudence—particularly probabilism. In the [End Page 142] broadest terms, Badaloni argued that Vico’s intellectual project was an examination of the pantheistic principle that Jovis omnia plena (“all things are made of Jove”) in the domains of law, poetry, and history... (shrink)

_ Source: _Volume 54, Issue 1, pp 46 - 107 The present paper discusses the question of Marsilio Ficino’s lost translations of Proclus’ _Elements of Physics_ and _Elements of Theology_. It reviews all known evidence for Ficino’s work on the _Elements of Physics_ and _Elements of Theology_, examines new references and fragments of these texts in Ficino’s manuscripts, especially in his personal manuscript of Plotinus’ _Enneads_, and studies how they fit within the Florentine’s philosophical oeuvre. The present case studies (...) of manuscript evidence demonstrate how Proclus accompanied Ficino from his early ‘scholastic background’ through to his mastery of the Platonic tradition late in his career, especially, as is shown, in his study of Pseudo-Dionysius and Plotinus. Despite the fact that scholarship at times pits scholasticism and Renaissance Platonism against each other, in this sense Proclus—largely due to the _Elements_—bridges the two cultures. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of (...) the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

IT is well known that the art of logic (logica or diale(c)tica) knew a remarkable flourishing period during the twelfth century. In the first half of the century its main centres in Paris were: the School of Notre DameI, of St. Victor2, of the Petit Pont3 and of Mont Ste Geneviève4. The present paper aims to offer some new evidence from the manuscripts on the teaching of logic as given in the School of Mont Ste.

Scholarship on the late fifth-century BC New Music Revolution has mostly relied on the evidence provided by Athenaeus, the pseudo-Plutarch De musica and a few other late sources. To this date, however, very little has been done to understand Athenaeus' own rale in shaping our understanding of the musical culture of that period. This article argues that the historical context provided by Athenaeus in the section of the Deipnosophistae that cites passages of Melanippides, Telestes and Pratinas on the (...) mythology of the aulos (14.616e-617f) is not a credible reflection of the contemporary aestheties and strategies of the authors and their works. Athenaeus is both following the structure of Aristotle's discussion of the topic of the aulos in Politics 8. 1341a-1342b and accepting the elite ideological position given there. Athenaeus' text thus does not provide evidence for the historical context in which late fifth-century authors were composing, but rather constitutes an attempt to illustrate Aristotle's argument with poetic examples from late fifth-century poets. (shrink)

In astronomy Abraham Zacut is best known for the Latin version of his tables, the Almanach Perpetuum, first published in 1496, based on the original Hebrew version that he composed in 1478. These tables for Salamanca, Spain, were analyzed by the authors of this paper in 2000. We now present Zacut’s tables preserved in Latin and Hebrew manuscripts that have not been studied previously, with a concordance of his tables in different sources. Based on a hitherto unnoticed text in a (...) Latin manuscript, we argue that Zacut is the author of the Tabule verificate which, in our publication of 2000, we took to be anonymous. We also discuss in detail Zacut’s tables for epoch 1513 for Jerusalem that are arranged for the Hebrew calendar, rather than the Julian calendar that he used elsewhere. We then consider a number of fragmentary texts that were found in the Cairo Geniza, now scattered in various European and American libraries. The new evidence is consistent with our earlier finding that Zacut depended both on the medieval Hebrew tradition in astronomy and on the Parisian Alfonsine Tables. (shrink)

Prior research suggests that the media plays an important information intermediary role in capital markets. We investigate the role of the media in influencing firms’ engagement in corporate social responsibility activities. Using a large sample of 4396 unique firms from 42 countries over the period 2003–2012, we find strong evidence that firms engage in more CSR activities if located in countries where the media has more freedom. This relation is robust to using various proxies for media freedom, an alternative (...) source of CSR data, and to applying the instrumental variables approach to address endogeneity. In additional analyses, we find that the positive relation between media freedom and CSR engagement is stronger for better governed firms and for larger firms. Since the media have the ability to impact reputational capital, we conclude that media freedom affects firms’ incentives to engage in costly CSR activities. (shrink)

Antisthenes of Athens was a contemporary follower of Socrates who wrote prolifically on topics ranging from semantics to ethics to Homeric criticism. He was also a fierce rival of Plato and, in our ancient sources, his austere ethical views are sometimes presented as an inspiration for the Cynic and Stoic schools of philosophy. Evidently, Antisthenes was a major figure in antiquity, but we have only second-hand reports of his philosophical life and legacy. The most prominent modern scholarship on Antisthenes (...) is in Italian and German, but there is now a growing interest among Anglophone classicists and philosophers that will only be bolstered by the 2015 publication of the first ever English... (shrink)

In 66 CE, the emperor Nero crowned the Parthian prince Tiridates I king of Armenia before the Roman people in the Forum Romanum. Much scholarship on Roman interactions with Parthia or Armenia focuses on histories of military conflict or diplomatic negotiation. Ritual and ceremonial evidence, however, is often taken for granted. This article uses the coronation to highlight a different way in which Rome articulated its relations with Parthia and Armenia to domestic and foreign audiences. It will show (...) how Nero and his regime used the art of public spectacle to project an image of Roman superiority over Parthia and Armenia in spite of Roman military losses in the recent Armenian war. Tiridates, a Parthian prince and a brother of the Parthian king of kings, traveled to Rome to be crowned the first king of Armenia from the Parthian royal family. To receive this title, Tiridates passed by several monuments to Augustan triumphs over Parthia and Armenia in the Forum. He was also surrounded by a group of Roman citizens, who watched him as they would have watched a defeated foreign leader in a triumph. At the culmination of the ceremony, Tiridates performed proskynesis before Nero at the rostra Augusti and was granted his crown. Through Augustus’ monuments, the collective viewing of Tiridates, and his acts of public submission and deference to Nero, the crowning intimated a new narrative about the state of Roman-Parthian/armenian relations. While Augustus had represented Parthian and Armenian defeat in art, Nero had compelled a representative of both Parthia and Armenia to come to Rome and kneel before the emperor. Both states were now subservient to Rome, which remained the dominant power in the East. (shrink)

A concise summary of Nicanor’s theory of punctuation that has recently been discovered in a codex mixtus of the 15th century throws precious new light on a topic of some complexity. The general picture that emerges from the new extract does not substantially differ from that of the other known summary, which has been the starting point for all modern reconstructions of Nicanor’s theory. Therefore, these reconstructions need not be rewritten on a larger scale. The two summaries nevertheless display some (...) telling differences in how they explain and present the details, not least when read against the backdrop of Nicanor’s actual practice that can be derived from the relevant scholia to Homer. The purpose of the present article is to assess the new discovery especially with regard to these differences and their effects on how Nicanor’s theory is to be reconstructed. (shrink)

This book argues that Kant's transcendental idealism has been misinterpreted: it denies not simply the super-sensory reality of space, time, and appearances, but their reality outside imagination as well. After adducing extensive and explicit textual evidence in its favor, Waxman shows this interpretation to be essential to the Transcendental Deduction, the affirmation of things in themselves, and the attempt to surmount Hume's scepticism. He further argues that Kant's much-neglected claim that, besides himself, "no psychologist has so much as even (...) thought that the imagination might be a necessary constituent of perception," should be construed so that even our consciousness of sensation itself (visual, tactile, etc.) is impossible without imagination. A compelling and original contribution to Kantian scholarship, Kant's Model of the Mind will also bear close examination by students and scholars of Hume, the philosophy of mind, and the philosophy of science. (shrink)

Why are the fundamentals of education apparently so little changed in our era of digital technology? Is their obstinate persistence evidence of resilience or obsolescence? Such questions can best be answered not by imagining an uncertain high-tech future, but by examining a well-documented past--a history of instruction and media that extends from Gilgamesh to Google. Norm Friesen looks to the combination and reconfiguration of oral, textual, and more recent media forms to understand the longevity of so many educational arrangements (...) and practices. Friesen examines the interrelationship of reading, writing, and pedagogy in the case of the lecture and the textbook--from their premodern to their postmodern incarnations. Over hundreds of years, these two forms have integrated textual, oral, and (more recently) digital media and connected them with changing pedagogical and cultural priorities. The Textbook and the Lecture opens new possibilities for understanding not only mediated pedagogical practices and their reform but also gradual changes in our conceptions of the knowing subject and of knowledge itself. Drawing on wide-ranging scholarship in fields as diverse as media ecology and German-language media studies, Foucauldian historiography, and even archaeological research, The Textbook and the Lecture is a fascinating investigation of educational media. (shrink)

Cet article propose d’identifier le fragment anonyme du manuscrit Basel, UB, A.X.24, ff. 1‑73v avec les questionnes sur les Sentences de Nicholas Aston, connu grâce aux travaux pionniers de Zenon Kaluza. Une analyse des détails techniques de ce texte permet également d’avancer l’hypothèse que les Articuli d’Aston peuvent être lus comme des traces des principia. En annexe, nous éditons la liste des questions du manuscrit Basel, UB, A.X.24, ainsi qu’une concordance entre ce manuscrit et les autres témoins manuscrits d’Aston, afin (...) de démontrer que ce nouveau témoin contient la tradition la plus complète du texte d’Aston. (shrink)

Research publication and dissemination of scholarly knowledge in Higher Education Institutions (HEIs) are among the most influential roles of many academic scholars in both industrialised and developing nations, but such experience and skills are rarely taught, transferred and shared in the real world. Dealing with issues of research misconduct might be challenging as well as learning opportunities for new academics while conducting research and scholarship teaching and publication in HEIs. In this review paper, I will discuss some concepts of (...) research misconduct, highlighting some relevant ethical and legal concerns in publication. This paper concludes that continued education and support on ethical research to graduates and scholars might help to prevent research misconduct related to publications and dissemination through developing appropriate strategies in practice. (shrink)

The Teubner edition of Festus de Verborum Significatu had scarcely appeared when Professor Anspach announced his discovery of a MS. of Isidore's Etymologies with some Scholia taken from Festus. Last Easter, in the limited time at my disposal, I transcribed from the MS. the greater part of this Isidore Commentary and, later, received a transcript of the remainder from Abbe Liebaert some weeks before his death. Although hampered by the deficiencies of our University Library, I am unwilling to keep this (...) new evidence any longer from students of Festus. (shrink)

The aim of this index of pre-1500 Platonic manuscripts is to prepare for a complete reediting of a new edition of Plato's works. The project, which began over ten years ago, brings together in one collection microfilms of all the older extant manuscript material. The index first lists the manuscripts according to the libraries in which they are found, including the library shelf number. The second half of the index lists the manuscripts by dialogue. The need for a new edition (...) of the Platonic text is based--for the most part--on the findings of E. R. Dodds in his work on the Gorgias. Dodds discovered that the nineteenth-century textual scholars oversimplified matters by assuming that the extant manuscripts were handed down by scribes. Dodds has shown that as much editing was done as transcribing; hence, the manuscripts could include "extensive possible unsystematic contamination." Also, the nineteenth-century scholars erred in assuming a "fixed rule of evidence." Thus--of three manuscripts-two having similar readings would be accepted and the third considered erroneous. However, probability theory shows that the agreement of two against one will work seven out of eight times. But the eighth instant will have the single reading as the right one--with no way of telling which out of the eight instances will have the single reading as the original. This new and convenient index should enhance Platonic scholarship.--J. J. R. (shrink)

This article discusses the role of nature in the theological system of New England minister Samuel Willard. I focus specifically on his account of theological anthropology, the relationship of nature and grace, and the moral law, and show how each relates to his views on civil government and civil law. Willard affirmed the natural law, natural religion, and natural worship, and he acknowledged and respected pagan civic virtue and grounded civil order and social relations in nature. Willard’s theological articulations are (...) substantively the same as those found among the ‘Reformed orthodox’ theologians of 17th century Europe, which provides evidence for the thesis that Reformed orthodoxy was a transatlantic movement. His reliance on nature also corrects scholarship on the New England Puritans, which often assumes that they rejected the Christian natural law tradition. (shrink)