The article deals with problems of the doctrine of reinterpretation of constitutional provisions, which are settled in the constitutional jurisprudence on correction of the official constitutional doctrine. This correction is typical or constitutional jurisprudence of most countries’. Under the Constitution, only the Constitutional Court enjoys the power to construe the Constitution officially. Official constitutional doctrine is to be developed in the acts of Constitutional Court gradually, disclosing new aspects of it, and supplementing it. The development (...) of constitutional jurisprudence law in some cases involves correction of the official constitutional doctrine. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just (...) war theorists have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

A rare survival provides unmatched access to the medieval classroom. In the academic year 1330-31, the Franciscan theologian, William of Brienne, lectured on Peter Lombard's Sentences and disputed with the other theologians at the University of Paris. The original, official notes of these lectures and disputes survives in a manuscript codex at the National Library of the Czech Republic, and they constitute the oldest known original record of an entire university course. An analysis of this manuscript reconstructs the daily (...) reality of the University of Paris in the fourteenth century, delineating the pace and organization of instruction within the school and the debates between the schools. The transcription made during William's lectures and the later modifications and additions reveal how the major vehicle for Scholastic thought, the written Sentences commentary, relates to fourteenth-century teaching. As a teacher and a scholar, William of Brienne was a dedicated follower of the philosophy and theology of John Duns Scotus (+1308). He constructed Scotist doctrine for his students and defended it from his peers. This book shows concretely how scholastic thinkers made, communicated, and debated ideas at the medieval universities. Appendices document the entire process with critical editions of William's academic debates (principia), his promotion speech, and a selection of his lectures and sources. (shrink)

Article 14 Chapter I ‘The State of Lithuania’ of the Constitution of the Republic of Lithuania of 1992 reads as follows: ‘Lithuanian shall be the State language’. This principle is not new in the Lithuanian history of constitutionalization, as Lithuanian was the official language of the State in the interwar period but lost this status during the Soviet occupation. After 1988, when many political, economic and social changes crucial for further development of the State took place in Lithuania, linguistic (...) issues re-emerged. It was recognized back then that language played a vital role in the life of the State and the society, and the Lithuanian language was given back its status of the official language by the Constitution. The principle that Lithuanian is the official language of the State, enshrined in Article 14 of the Constitution of the Republic of Lithuania, was further elaborated by the Constitutional Court of the Republic of Lithuania in its rulings and judgments. According to its official constitutional doctrine, the Lithuanian language should be treated as a very specific constitutional value, as it forms the basis of the ethnic and cultural identity of the Lithuanian nation and is the guarantor of the national identity and survival. The status of Lithuanian as the official language means that the Lithuanian language must be used in all spheres of public life. The Court also holds that having this principle enshrined in Chapter I ‘The State of Lithuania’ of the Constitution implies that the Lithuanian language enjoys particular protection since the provisions of this Chapter may be amended only by a referendum. (shrink)

Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.

I focus on the question as to what rationale could possibly underlie the doctrine of double effect or related principles. I first briefly review the correct critiques of the claim that people who intend some evil as a means to a good must be “guided by evil,” and that this is allegedly always wrong. I then argue that Quinn’s claim that violations of the DDE express certain negative attitudes of the agent and that agents violating the DDE must make (...) an additional morally problematic presumption regarding their victims is mistaken. Tadros claims that an agent violating the means principle must force his victims to adopt his goals. I demonstrate that the difference Tadros tries to construe between an agent inflicting intended harm and an agent inflicting merely foreseen harm is non-existent. Sarch’s official rationale for the DDE also fails to distinguish harming as a means from side-effect harming, and reformulations of his rationale that suggest themselves run into severe problems. Walen’s defense of the means principle in terms of the “restricting claims principle” and Øverland’s appeal to “moral obstacles” are susceptible to counter-examples and appear to be question-begging. Recently, Walen has offered a revised formulation of his Restricting Claims Principle, claiming that it overcomes counter-examples and explains the means principle. I will argue that it contradicts the means principle and does not overcome the counter-examples. Thus I conclude that so far we are still left without a reasonable rationale for the DDE or related principles. (shrink)

The initial impact of John Henry Newman’s 1845 Essay on the Development of Christian Doctrine has previously been downplayed because scholars have neglected Roman sources on the question. These sources show that one of the most influential theologians in Rome at the time, Giovanni Perrone, S.J., learned from Newman’s theory and even advocated it publically in the city. After an 1847 exchange with Newman on the question of doctrinal development, Perrone employed Newman’s theory in publications that contributed to the (...) discussions preceding the decree of the Immaculate Conception in 1854. The article goes on to illustrate how Perrone’s influence upon these discussions helped to shape the Church’s official language regarding doctrinal progression in history. (shrink)

The Kantian account of political authority holds that the state is a necessary and sufficient condition of our freedom. We cannot be free outside the state, Kantians argue, because any attempt to have the ‘acquired rights’ necessary for our freedom implicates us in objectionable relations of dependence on private judgment. Only in the state can this problem be overcome. But it is not clear how mere institutions could make the necessary difference, and contemporary Kantians have not offered compelling explanations. I (...) present a detailed analysis of the problems Kantians identify with the state of nature and the objections they face in claiming that the state overcomes them. I then sketch a response on behalf of Kantians. The key idea is that only under state institutions can a person can make claims of acquired right without presupposing that she is by nature exceptional in her capacity to bind others. (shrink)

Amongst the recent documents released by the Greek Ecumenical Patriarchate of Constantinople, the one titled ‘For the Life of the World’, published before the beginning of the COVID-19 pandemic, touches upon an important section of the life of the Orthodox Church, namely, the social one. As a result of the fact that, so far, there is no official document of the aforementioned Church dedicated to this aspect, whilst the Reformed Churches and the Catholic one have already issued similar documents, (...) I consider the existence of such an article, with all its minuses, important. Moreover, it can constitute a bridge and an invitation to dialogue with other Christian traditions or backgrounds. Being aware of this fact, I have decided to analyse this document in this article to emphasise its influence and its elements of novelty and to speak about both its utility and its weaknesses. As a result of the fact that the Ecumenical Patriarch Bartholomew has had an important contribution to its drafting, I will also try to present this aspect and to show how the ecological vision that he has, amongst other aspects, influenced its content. Contribution: Considering the importance of the recent document ‘For the Life of the World of the Ecumenical Patriarchate of Constantinople’, I will try to analyse it and to present its social relevance and meaning. (shrink)

Mahāyāna Buddhism is the major branch of Buddhism practiced in India, China, and East Asia. A signal characteristic of this form of Buddhism is its advocacy of the “doctrine of expedient means.” This doctrine, which makes its first official appearance in the third century of the Common Era in the Lotus Sūtra (hereafter “the Sūtra”), is supposed to account for the fact that Mahāyāna Buddhism expresses views about the nature of reality and the goals of Buddhist practice (...) that are not reflected in earlier scriptures. In its famous “Parable of the Burning House,” the Sūtra argues for the view that the earlier teachings were not aligned with the final truth; their limitations were required by natural and unavoidable .. (shrink)

The range of issues related to the origins of Christianity, the formation of its doctrine, and its existence in the early, pre-Conciliar period has always been of concern not only to Christian scholars, not only to those scholars who were in one or another way involved in these researches, but also to society as a whole. However, in Ukraine, and especially in academic circles, these issues are still not sufficiently studied. The article examines the reasons that led the (...) class='Hi'>official Church to change the key provisions of Christian doctrine, including ideological positions about "this world," narratives about war, and the commandments "thou shalt not kill" and "love your enemies." The author argues that the final rejection of the original evangelical pacifism occurred after the conquest of Christianity by Emperor Constantine the Great, when the Church was transformed into an institution of secular power, changing its original status as the "Kingdom of God" to belonging to the "Kingdom of Caesar." Since the reign of Constantine, Christianity has essentially existed divided into two camps. – the first, to which belong all those who profess the church doctrine in its new, "conciliar" and different from the original form and who, in particular, has rejected Jesus' original idea of renunciation of earthly things and, accordingly, the pacifism and anti-militarism he proclaimed; the second camp are those who remained faithful to the apostolic tradition and who continued to practice Christianity according to the original New Testament standard. The latter camp today includes mostly Protestants, including in Ukraine. However, with the onset of Russia's full-scale aggression against Ukraine, their pacifist stance is changing. The solution of urgent socio-political issues and issues directly related to defense are increasingly leading Protestants in Ukraine to rethink their traditional pacifism, which may lead to a complete rejection of it in the future. The results obtained in the course of the study provide grounds to significantly adjust the current perceptions of Protestantism in Ukraine, in particular, its positive attitude to socio-political processes and active involvement in them. (shrink)

In “Missing the Forest for the Trees: Aduhelm, Accelerated Approvals & the Agency,” Dr. Matthew Herder argues that agency capture and politicized discretion drive delays in confirmatory trials of accelerated approval drugs amongst other concerns at US Food and Drug Administration (FDA). In highlighting this important problem and offering nuanced insight into agency workings based in part on interviews with twenty-three unnamed FDA officials and a three-drug case study, Dr. Herder suggests two innovative solutions. However, amidst broader debates balancing agency (...) expertise, data, and delegation, these proposed policy solutions would benefit from more corroborative evidence and consideration of institutional advantages within constitutional limits. (shrink)

This article presents an account of the contours of Parliament’s law-making powers including an explanation of their limits and how those limits arise. The argument is based on HLA Hart’s claim that legal validity ultimately depends on the requirements of a social rule, the ultimate rule of recognition, that binds the officials of a legal system to enforce laws that conform to certain criteria. Section 2 outlines the way in which rules of recognition can be indeterminate and argues that the (...) rule of recognition in the United Kingdom’s legal system is in fact indeterminate on the question of the scope of Parliament’s law-making power. Section 3 explores the effects of indeterminacy in the rule of recognition, arguing that indeterminate social rules develop according to rule users’ understanding of the point of the rule, and that the rule of recognition will therefore develop according to the judiciary’s understanding of the value or values served by the according law making power to Parliament. (shrink)

The article discusses the self-portrayal of the ‘Royal Dictatorship’ of Carol II of Romania and analyses four theories of monarchy produced or published under his regime. It shows that the Romanian ‘Royal Dictatorship’ relied on leitmotifs targeting the multiparty system, territorial revisionism, and the Iron Guard, but that it lacked a coherent official doctrine. The article argues that this void allowed for Romanian theorists of monarchy to draw divergent, Western or (pseudo-)autochthonous genealogies for the regime. To this effect, (...) it examines theories of monarchy by Mihail Fărcășanu, Paul Negulescu, Cezar Petrescu, and Theodor Vlădescu. (shrink)

This ambitious study presents Baruch Spinoza (1632-1677) as the most outstanding and influential thinker of modernity--and examines the question of whether he was the "first secular Jew." A number-one bestseller in Israel, Spinoza and Other Heretics is made up of two volumes--The Marrano of Reason and The Adventures of Immanence offered as a set and also separately. Yirmiyahu Yovel, Professor of Philosophy at the Hebrew University of Jerusalem, shows how Spinoza grounded a philosophical revolution in a radically new principle--the philosophy (...) of immanence, or the idea that this world is all there is--and how he thereby anticipated secularization, the Enlightenment, the disintegration of ghetto life, and the rise of natural science and the liberal-democratic state. The Marrano of Reason The Marrano of Reason finds the origins of the idea of immanence in the culture of Spinoza's Marrano ancestors, Jews in Spain and Portugal who had been forcibly converted to Christianity. Yovel uses their fascinating story to show how the crypto-Jewish life they maintained in the face of the Inquisition mixed Judaism and Christianity in ways that undermined both religions and led to rational skepticism and secularism. He identifies Marrano patterns that recur in Spinoza in a secularized context: a "this-worldly" disposition, a split religious identity, an opposition between inner and outer life, a quest for salvation outside official doctrines, and a gift for dual language and equivocation. This same background explains the drama of the young Spinoza's excommunication from the Jewish community in his native Amsterdam. Convention portrays the Amsterdam Jews as narrow-minded and fanatical, but in Yovel's vivid account they emerge as highly civilized former Marranos with cosmopolitan leanings, struggling to renew their Jewish identity and to build a "new Jerusalem" in the Netherlands. (shrink)

The study of the processes and methods through which elements of Hegelian philosophy and aesthetics have been appropriated and adjusted to the needs of Marxist–Leninist criticism is essential for understanding Bolshevik–Marxist aesthetics in the process of its consolidation into an official doctrine in Soviet Russia. By looking at the career of the Bolshevik Commissar of Enlightenment, Anatoly Lunačarskij, it is possible to discern the extent to which the process was forged by the unsanctioned presence of Goethe and Hegel. (...) The article traces their important contributions in the causes of sustaining revolutionary romanticism and its eventual overcoming in favor of the rationality and solemnity of socialist realism. (shrink)

Stawarska considers the ambiguities surrounding the antagonism between the phenomenological and the structuralist traditions by pointing out that the supposed foundation of structuralism, the Course in General Linguistics, was ghostwritten posthumously by two editors who projected a dogmatic doctrine onto Saussure’s lectures, while the authentic materials related to Saussure’s linguistics are teeming with phenomenological references. She then narrows the focus to Merleau-Ponty’s engagement with Saussure’s linguistics and argues that it offers an unusual, if not an uncanny, reading of the (...) Course, in that it identifies a phenomenological dimension within the text, against the grain of the dominant structuralist claim. This phenomenological dimension is corroborated by the authentic sources of Saussure’s linguistics, even though the latter were beyond the philosopher’s own power to know. Merleau-Ponty’s unorthodox reading of the Course as being broadly compatible with the tradition of Husserlian phenomenology has been dismissed as an error and a contresens , but Stawarska proposes that such deviant appropriations of foundational texts are the ones to cherish the most, since they effectively dismantle the received dogmas and official doctrines stuffing the cabinets of canonical philosophy. She argues specifically that Merleau-Ponty’s contested distinction between “a synchronic linguistics of speech ” and “a diachronic linguistics of language ” , which gives primacy to la parole over la langue, and raises the possibility of a systematic study of la parole, contains a more faithful response to Saussure’s own project than the received structuralist view that la langue alone constitutes the proper object of linguistic study. (shrink)

Gilbert Ryle in The Concept of Mind pronounced the “official doctrine” regarding the nature of the mind and the body as “hailing chiefly from Descartes.” That doctrine, anathematized by Ryle as “the dogma of the ghost in the machine,” is said to hold that every human being is composed of a body and a mind, that the body is physical whereas the mind is not, and that the mind may continue to exist when the body is destroyed. (...) Ryle’s famous attack on the official doctrine has undoubtedly stimulated Cartesian studies, both in those who wish to understand Descartes better in order to make the defense of the doctrine more effective and in those who wish to attack it, sometimes even with arguments which Ryle himself would have rejected. Occasionally, one reads a reference to “Platonic dualism,” not so much as a clearly defined alternative to Cartesian dualism but rather as an inchoate or loose version of Descartes’ doctrine. A recent exception is Richard Rorty who in the first chapter of his book Philosophy and the Mirror of Nature has insisted on the difference between the Platonic and the Cartesian positions, although it should perhaps be added that his hostility to the former is if anything greater than his hostility to the latter. Without suggesting that there are not obvious similarities in the Platonic and Cartesian versions of dualism, it will perhaps be useful to try to penetrate beneath the slogans in order to get a clearer picture of the arguments which impelled Plato to hold a position the strangeness which was evident even to his contemporaries. (shrink)

This ambitious study presents Baruch Spinoza as the most outstanding and influential thinker of modernity--and examines the question of whether he was the "first secular Jew." A number-one bestseller in Israel, Spinoza and Other Heretics is made up of two volumes--The Marrano of Reason and The Adventures of Immanence. Yirmiyahu Yovel shows how Spinoza grounded a philosophical revolution in a radically new principle--the philosophy of immanence, or the idea that this world is all there is--and how he thereby anticipated secularization, (...) the Enlightenment, the disintegration of ghetto life, and the rise of natural science and the liberal-democratic state.The Marrano of ReasonThe Marrano of Reason finds the origins of the idea of immanence in the culture of Spinoza's Marrano ancestors, Jews in Spain and Portugal who had been forcibly converted to Christianity. Yovel uses their fascinating story to show how the crypto-Jewish life they maintained in the face of the Inquisition mixed Judaism and Christianity in ways that undermined both religions and led to rational skepticism and secularism. He identifies Marrano patterns that recur in Spinoza in a secularized context: a "this-worldly" disposition, a split religious identity, an opposition between inner and outer life, a quest for salvation outside official doctrines, and a gift for dual language and equivocation. This same background explains the drama of the young Spinoza's excommunication from the Jewish community in his native Amsterdam. Convention portrays the Amsterdam Jews as narrow-minded and fanatical, but in Yovel's vivid account they emerge as highly civilized former Marranos with cosmopolitan leanings, struggling to renew their Jewish identity and to build a "new Jerusalem" in the Netherlands. (shrink)

In this essay, I follow the lead of recent scholarship in Saussure linguistics and critically examine the Saussurean doctrine associated with the Course in General Linguistics, which later became a hallmark of structuralism. Specifically, I reconstruct the history of the concluding sentence in the Course which establishes the priority of la langue over everything deemed external to it. This line assumed the status of an oft-cited ‘famous formula’ and became a structuralist motto. The ‘famous formula’ was, however, freely inserted (...) by the editors of the Course who effectively ghostwrote the book after Saussure’s death, and authored a series of early book-reviews of the same text in dedicated scholarly venues. I argue that the editorial success turning their vision of Saussure’s teaching into official doctrine was enabled in part by the dominant social structures regulating twentieth-century European academia. (shrink)

I tentativi attuati all'interno della tradizione tomista per individuare la dottrina ufficiale dell’analogia elaborata da Tommaso d’Aquino si sono dovuti confrontare con la varietà di distinzioni tracciate dall’Aquinate nei suoi scritti. In particolare, l’importanza inedita assegnata alla convenienza di proporzionalità nelle Quaestiones disputatae de veritate ha suscitato un dibattito secolare, che oppone quanti riconoscono in questa soluzione la dottrina autentica a coloro che la valutano meramente come uno stadio provvisorio all’interno di un’evoluzione riscontrabile nelle opere di Tommaso. Nel presente contributo (...) si intende segnalare alcuni dati testuali che aiutano a chiarire il passaggio dalla concezione dell’analogia presentata nello Scriptum super sententiis a quella del De veritate, un passaggio strettamente legato alla funzione euristica svolta dall’analogia. The attempts made within the Thomist tradition to identify the official doctrine of analogy elaborated by Thomas Aquinas had to deal with the various distinctions drawn by Aquinas in his writings. In particular, the great importance given to the agreement of proportionality in the Quaestiones disputatae de veritate has elicited a long debate, in which those who consider such a solution as the authentic doctrine are opposed to those who see it merely as a temporary stage of an evolution which could be observed in Thomas’s works. The aim of this essay is to present some textual data that contribute to clarify the transition from the analogy as conceived in the Scriptum super Sententiis to that of the De veritate, a transition closely related to the heuristic function of analogy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME, MOTIVATION AND MORALITY Hume remarks, in the Abstract, that his account of the passions in Book II of the Treatise has 'laid the foundation' (A 7 Ì1 for his theory of morals. Pall Ardal has shown how Hume's theory of certain indirect passions (pride, humility, love, hatred) underpins his theory of the evaluation of character. I propose to explore the links between Hume's account of motivation and his (...) treatment of an agent 'ß moral assessment of prospective action. Where Ardal stresses the moral spectator, my focus is on the agent. Hume himself attends primarily to the moral spectator, but the agent's perspective is central in two of his chief arguments concerning morals, that for the thesis that moral distinctions are derived from a moral sense, and that for the artificiality of justice. I shall take it that the argument of Treatise II, iii, 3 ("Of the influencing motives of the will") provides the framework for analysis: acting for moral reasons is like acting for any other reason; citing his moral principles to explain a man's actions is like citing his desire to preserve his health as an explanation of his taking exercise; deliberating about moral matters is like pondering the purchase of a pair of shoes. Of course there are differences; I shall look to them shortly. It is essential, however, to begin with the similarities. To a first approximation, the central doctrine is that the reasons that explain actions are rational causes of those actions. Reasons for actions are constituted by suitably related desires and beliefs; volitions are somehow implicated in intentional actions. Reasons are causes: the desires and beliefs that constitute reasons cause volitions, and thus actions. They are rational causes: there are links of special kinds between the contents of the desires and beliefs that constitute an agent's reasons for what he does, and the content of the volitions implicated in the actions done. Hume is at pains to deny that "reason [here: belief] alone can... be a motive to any action of the will" (T 413). But he insists there are "two principal parts [of human nature], which are requisite in all its actions, the affections and understanding' (T 493). I suggest that by "affections" he here means specifically (if broadly) desires, and so both the "direct passions" of desire and aversion and such "indirect passions" as benevolence, anger, pity, compassion and malice. Hume's official doctrines both of desires and of volitions are unsatisfactory as they stand; he treats each as simple impressions. To be sure, these simple impressions are said always to be accompanied by thoughts of (in Hume's phrase) their objects. Even such complex states, however, can play no satisfactory role in psychological theory. The insights that Hume's official doctrines mishandle can, I suggest, be incorporated into more defensible, and more-or-less Humean, analyses of the internal structure of desire and volition. Having made efforts along these lines elsewhere, however, I shall here concentrate on other features of desire and volition that are germane to Hume's moral psychology. Desires and volitions are alike in two linked respects, among others: neither takes a truth value (and so each differs from belief); each is a conative, not a cognitive, psychological state (and so, again, each differs from belief). Because desires and volitions are not capable of "an agreement or disagreement either to the real relations of ideas, or to real existence and matter of fact" it is "impossible... they can be pronounced either true or false" (T 458). Their general functional role is that of "propense and averse motions of the mind" (T 574). To be sure, there are differences. The principal difference is that of specific functional location: desires are constituents in reasons for acting: volitions are constituents of (or otherwise implicated in) actions done for such reasons. This functional difference is tied to differences of content. To grasp the many relations among belief, desire and volition, when the first two serve as 4 reason for (and so cause of) the third, it is useful to plot their causal relations onto the elements in an Aristotelian practical syllogism. Desires function as causally salient major premises... (shrink)

Stawarska considers the ambiguities surrounding the antagonism between the phenomenological and the structuralist traditions by pointing out that the supposed foundation of structuralism, the Course in General Linguistics, was ghostwritten posthumously by two editors who projected a dogmatic doctrine onto Saussure’s lectures, while the authentic materials related to Saussure’s linguistics are teeming with phenomenological references. She then narrows the focus to Merleau-Ponty’s engagement with Saussure’s linguistics and argues that it offers an unusual, if not an uncanny, reading of the (...) Course, in that it identifies a phenomenological dimension within the text, against the grain of the dominant structuralist claim. This phenomenological dimension is corroborated by the authentic sources of Saussure’s linguistics, even though the latter were beyond the philosopher’s own power to know. Merleau-Ponty’s unorthodox reading of the Course as being broadly compatible with the tradition of Husserlian phenomenology has been dismissed as an error and a contresens, but Stawarska proposes that such deviant appropriations of foundational texts are the ones to cherish the most, since they effectively dismantle the received dogmas and official doctrines stuffing the cabinets of canonical philosophy. She argues specifically that Merleau-Ponty’s contested distinction between “a synchronic linguistics of speech ” and “a diachronic linguistics of language ”, which gives primacy to la parole over la langue, and raises the possibility of a systematic study of la parole, contains a more faithful response to Saussure’s own project than the received structuralist view that la langue alone constitutes the proper object of linguistic study. (shrink)

The official definitions that appear at the beginning of four of the five parts of the "Ethics" do not include an account of "existence." However Spinoza does provide a definition of “existence” in the scholium to proposition 45 of Part 2. This is an odd place for such an important doctrine, and all the more so given that the account there differs from anything resembling commonsense. In this paper I show that, for Spinoza, to exist is to be (...) eternal. Existence in the strict sense is eternal existence. (shrink)

Gilbert Ryle's book The Concept of Mind was published in 1949. According to Ryle, his "destructive purpose" was to show that "a family of radical category mistakes" is the source of the "official doctrine," that is, a "double-life theory," according to which "with the doubtful exception of idiots and infants in arms every human being has both a body and a mind." By numerous examples, Ryle showed quite forcefully how psychology and philosophy at the time were misled into (...) asking the wrong kinds of questions. More than 50 years have elapsed since the original publication of Gilbert Ryle's book and, as Ullin T. Place wrote shortly before passing away, Ryle's conceptual analysis is now due, if not overdue, for a comeback. The purpose of this paper is to discuss the persistent relevance of category mistakes to current problems in the analysis of behavior. (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires a continuous effort in (...) comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

Realism and Russia? Realism is a notion with multiple meanings, so options abound as to how the two might connect with one another. An old Russian proverb conveys a realist message about social properties: "An individual in Rssia was composed of three parts: a body, a soul, and a passport." (Ruben 1985, 83) Having a passport signals the possession of a complex set of social properties, and if these are taken to be real in some appropriate sense, one is inplying (...) a realist view in social ontology. In another sense of the word, realism is a live issues in the study of international relations. Political realism considers the behaviour of states by emphasizing the importance of national interests and the drive for power on the one hand, and the suppression of moral concerns on the other (e.g. Donnelly 2000). Russian realists hold diverse views about the newly emerged unipolar global power structure and Russia's proper strategy for adjusting to this structure (e.g. Shakleyina and Bogaturov 2004). Realism is a family of viewpoints also in the arts (including painting, music and literature) and their study. Socialist realism is a version that used to be an official doctrine in Russia, gently requesting artists to optimistically represent society's march towards communism, glorifying the heroic role of the proletariat in driving the process. Socialist realism was also well known elsewhere. So much so that in the 1970s, a philosophy professor at the University of Helsinki announced to give a lecture course on "scientific realism" but on its way to the university catalogue through the university administration, the title of the course was transformed into "socialist realism". In the spirit of rectifying that old administrative mistake, the remards to follow deal with scientifit realism as a philosophy of science. The general issue to be addressed is how the social sciences relate to the social world, in both directions. (shrink)

The more recent interpretations of Kant’s 1768 essay Concerning the Ultimate Ground of the Differentiation of Directions in Space stressed the important role of the human body in determining the spatial feature of directionality. For that reason it seems to provide great support to an alternative account of Kant’s official doctrine of space in the Trascendental Aesthetic, namely a reading grounded on a «phenomenological» approach to the text. The present article firstly explains why a revision in translation allowed (...) to discover in the 1768 essay the new topic of the body. Then it shows how Kant’s remarks have been connected with his mature views by ascribing to him a constant phenomenological attitude. Finally it argues that a similar hypothesis is not much consistent with Kant’s aims, because of the methodological rules of philosophizing he was following in 1768. (shrink)

The more recent interpretations of Kant’s 1768 essay Concerning the Ultimate Ground of the Differentiation of Directions in Space stressed the important role of the human body in determining the spatial feature of directionality. For that reason it seems to provide great support to an alternative account of Kant’s official doctrine of space in the Trascendental Aesthetic, namely a reading grounded on a «phenomenological» approach to the text. The present article firstly explains why a revision in translation allowed (...) to discover in the 1768 essay the new topic of the body. Then it shows how Kant’s remarks have been connected with his mature views by ascribing to him a constant phenomenological attitude. Finally it argues that a similar hypothesis is not much consistent with Kant’s aims, because of the methodological rules of philosophizing he was following in 1768. (shrink)

When more than four decades ago, in 1959, Pope John XXIII announced the convening of a high forum of bishops of his Church, many considered his decision to be the least risky. Although the official doctrine of Catholicism, systematized in Pope Leo's encyclical XIII "Rerum novarum", remained virtually unchanged from its adoption, and each successive head of the Church only developed its position in specific circumstances, John XXIII was convinced: after a long time In centuries of controversy and (...) divisions, the time has come to speak to the world in the language of Christian love, to emphasize not what separates people, but what unites people of good will. (shrink)

This article challenges the widespread view that the Byzantine theological discourse was averse to innovation and confined to restating official doctrine. It makes the case that the mystic Symeon the New Theologian constructed an alternative Trinity where the Spirit as the third hypostasis besides the Father and the Son is equated not with the product of the Father, which is suppressed, but with the common divine nature, and where this new third hypostasis is placed before the other two (...) hypostases, which it is said to engender. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Seventeenth-Century Catholic Polemic and the Rise of Cultural Rationalism: An Example from the EmpireSusan RosaIn Galileo’s Dialogue Concerning the Two Chief World Systems Sagre-do, an intelligent, cultivated, and well-traveled young man who is persuaded of the truth of arguments in favor of the Copernican opinion presented by the philosopher Salviati, dismisses the counter-arguments of the Aristotelian Simplicio with sympathetic condescension: “I pity him,” he proclaims,no less than I should (...) some fine gentleman who, having built a magnificent palace at great trouble and expense, employing hundreds and hundreds of artisans, and then beholding it threatened with ruin because of poor foundations, should attempt, in order to avoid the grief of seeing the walls destroyed, adorned as they are with so many lovely murals; or the columns fall, which sustain the superb galleries, or the gilded beams, or the doors spoiled, or the pediments and the marble cornices, brought in at so much cost—should attempt, I say, to prevent the collapse with chains, props, iron buttresses, and shores. 1 [End Page 87]This elegant simile, which suggests that the fine gentleman can only preserve his palace by destroying its beauty, is meant to evoke the dilemma of the scholastic philosopher who is confronted by the evident disintegration of his intellectual home. Like the desperate owner who seeks to shore up his real palace, he must rebuild a philosophical edifice whose apparent beauty and coherence have been achieved at the expense of substance and can only be preserved by recourse to means so ugly and inadequate that they destroy even the illusion of credibility.Such a dilemma, I would argue, was the legacy bequeathed to many defenders of traditional religion in the seventeenth century by more than one hundred years of confessional rivalry. To simplify a complex process, this lengthy period of controversy and apologetic, to say nothing of warfare and mutual persecution, had generated a discourse which objectified and prob-lematized religion, making it something to think about rather than to think with. 2 In other words, the formal statements of conviction issued in the wake of the Reformation by competing denominations within Christendom, like the Catechism of the Council of Trent, the Augsburg Confession, the Genevan Confession, or the Thirty-Nine Articles of the Church of England had encouraged the development of the notion of religion as adherence to a set of propositions. As Peter Harrison has explained, this creation of a propositional religion in turnenabled discussion of the merits of other “religions” conceived to exist similarly as sets of beliefs. The truth or falsity of a religion had become a function of the truth or falsity of the propositions which constituted it. True religion... [had become]... a body of certain knowledge. 3Harrison’s remarks are significant because they suggest that the origins of rationalized discourse about religion and its consequent transformation from a way of thinking to an object of thought are to be found squarely within orthodoxy itself. 4To be specific, the competing content of official doctrinal pronouncements led not only to the comparison of the religions but implicitly to their emergence as subjects of a discourse which proposed reason as the norm, a [End Page 88] development clearly reflected in the wave of pamphlets, broadsides, printed disputations, and formal polemical treatises written in both Latin and the vernacular languages which poured from the presses of Catholic and mainstream Protestant denominations in England and on the continent throughout the seventeenth century. In this literature, Protestants accused Catholics of “superstition” and “idolatry,” while Catholics urged potential converts to compare the religions with a view to discovering their “marks of truth,” argued for the compatibility of Catholic faith and “natural light,” and identified heresy, on the contrary, with unreason, passion, lust, and self-contradiction. On both sides of the confessional fence, polemicists frequently insisted that religious discussion conform to the rules of logic, accusing one another of failing to argue from incontrovertible first principles, and of succumbing to the fatal dangers of petitio principii and circular reasoning. In other words, they claimed that in religious matters poor argumentation is a sure sign of error, and it would not be... (shrink)

Contemporary (post-1945) liberalism functions analogously to Roman Catholicism in the decades after 1443. Both ideologies, in their respective periods, represent the hegemonic ideology of Western civilization, despite the fact that both comprise a miscellany of competing belief systems. Both ideologies are dominated by a single hegemonic power—the United States and the Renaissance papacy, respectively—which strives for doctrinal stability. All who reject official “doctrine,” however, are rendered liable to violent suppression. In this, papal Catholicism and American liberalism display an (...) ultra-conservative outlook; but they also evince a powerfully millenarian streak, as evidenced by their dual proclamations of the “end of history” and their zealous missionary responses to macro-historical events in the final decades of the fifteenth and twentieth centuries. For ideologues of both regimes, those events speak to an ultimate harmony of truth and value that only serves to entrench their own dogmatism. This, however, has dire consequences when it comes to war, as can be seen in the “crusading” character of contemporary liberal warfare. Ultimately, the Renaissance papacy proves unable to maintain its monopoly on Christian doctrine; and one has to wonder if a similar fate may befall America's perceived role as the champion of liberalism. (shrink)

In Professor Ryle's words, the aim of the book is to offer "what may with reservations be described as a theory of the mind". But it claims to give no new information about minds but rather to "rectify the logical geography of the knowl- edge which we already possess". The need for rectification comes from a fundamental error underlying the generally accepted or official doctrine about the nature and status of Mind, a doctrine which hails chiefly from (...) Descartes. This doctrine "is not merely an assemblage of particular mistakes. It is one big mistake and a mistake of a special kind. It is, namely, a category-mistake". Hence it is wrong to speak of Minds and Bodies as if they are similar kinds of things that can be coupled in the same phrase; wrong to suppose that there are mental events which are hidden and unwitnessable counterparts of bodily events; wrong to suppose that our mental activities and characters are never known to other people because private and accessible in some privileged way only to ourselves. This is the large and radical undertaking to which Professor Ryle addresses himself. After a description of the Cartesian "myth" and a statement in detail of the nature of the general error underlying it, there follows a series of attempts to grapple with particular aspects of mental life, with the aim of showing in each case why the "official" doctrine is untenable and that mental concepts must be understood in quite a different way. (shrink)

Nietzsche was a philosopher, not a biologist, Nevertheless his philosophical thought was deeply influenced by ideas emerging from the evolutionary biology of the nineteenth century. His relationship to the Darwinism of his time is difficult to disentangle. It is argued that he was in a sense an unwitting Darwinist. It follows that his philosophical thought is of considerable interest to those concerned to develop an evolutionary biology of mankind. His approach can be likened to that of an extraterrestrial sociobiologist studying (...) clever beasts... in some out of the way corner of the universe ... It is shown how be uses this viewpoint to account for the origin of the central psychobiology of humankind: for dualistic philosophies, such as that of Descartes (which Ryle famously called the official doctrine), for human notions of truth and falsehood, being and becoming, and for other fundamental concepts of Western philosophy and science. All these, he argues, are no more and no less than the necessary adaptations of a zoological species, Homo sapiens, in its struggle for life in a Darwinian world. It is concluded that Nietzsche was the first philosopher to accept and use in their full depth the philosophical implications of nineteeth-century evolutionism, implications which are still resisted to this day. It is also argued that this interpretation of Nietzsche's aphoristic writings provides them with an organic consistency. (shrink)

Woven in and among the insights and discussions of this fascicle there is a highly complex but extremely dense theory of knowledge. To get at this theory one must piece together the discussions on pages 441-444, 452-455, 471-474, 479-485, 486-497, and 501-503. These must be read as an Aristotelian treatise, a progressive sifting of insights and precisions, so that the "official" doctrine is never clearly stated but must be constructed from the elements and qualifications and clues provided. Nor (...) are the discussions mono-directional, but point to the many interconnections between a pluralistic metaphysics and its coordinate theory of knowledge. Ideas must be related in many ways to many kinds and levels of entities as well as to the ultimate modes of being. These many relations must be cross-referenced and synthesized in a systematic unity, related in a special way to the mode of Actuality without becoming derivatives or projections of that mode. At best this fascicle supplies some of the tools for the job and some hints what the finished theory must accomplish.—W. G. E. (shrink)

Catholic doctrine’s strict prohibition on abortion can lead clinicians or institutions to conscientiously refuse to provide abortion, although a legal duty to provide abortion would apply to anyone who refused. Conscientious refusals by clinicians to end a pregnancy can constitute murder or reckless homicide under American law if a woman dies as a result of such a refusal. Such refusals are not immunized from criminal liability by the constitutional right to the free exercise of religion or by statutes that (...) confer immunity from criminal homicide prosecution. Core principles of the rule of law require the state to protect the lives of all persons equally and to place the life and health of persons above any the interests of providers have in moral integrity or in respecting the moral status of prenatal humans. In some states criminal liability related to conscientious objection also applies to corporate hospital officials. (shrink)

The Doctrine of Religious Restraint is the claim that citizens and officials in a liberal democracy should not support coercive laws that they know to require a religious rationale. The most prominent argument for the Doctine of Religious Restraint appeals to the claim that we ought to treat each person as having basic worth: citizens and officials ought to obey the Doctrine of Religious Restraint because doing so is required in order for them to respect their compatriots as (...) persons who have equal moral standing. But this argument is not persuasive: citizens and officials who support coercive laws that they know require some religious justification need not thereby disrespect their compatriots. The article focuses throughout on the figure of an `Agapic Pacifist' who has sectarian religious reasons to oppose government's use of lethal military force. (shrink)

The official documents of the Parisian Faculty of Arts show a close identification between the philosophical sciences and the corresponding textbooks: to learn a particular science means essentially to read certain, prescribed books. The case of theology seems to be different, however. In spite of the fact that the Bible served as a paradigm for the ‘textualization’ of all kinds of knowledge, and even of the whole world, it did not fit perfectly the epistemological criteria which Aristotle’s Posterior analytics (...) established as necessary for every science. Already in the second half of the 13thcentury, both Thomas Aquinas and Henry of Ghent tried to construct theology as a science, in the Aristotelean sense, by appealing respectively to the theory of the subalternation of the sciences and to the doctrine of the lumen medium. The different reactions to these two models by Godfrey of Fontaines, Durandus of Saint-Pourçain and Peter Auriol seem to indicate a process in which theology can constitute itself as a true science only through a broadening of its textual basis, outside the scope of Sacred Scripture. (shrink)

The doctrine of “sovereign immunity” holds that the U.S. government cannot be sued without its consent. This is not found in the Constitution’s text; it is justified on philosophical grounds as inherent to being a sovereign state: a sovereign must be able to issue commands free from constraint. The sources of this understanding of sovereignty—Hobbes, Bodin, and others—are, in turn, condemned by opponents of sovereign immunity as absolutists whose doctrines are incompatible with limited, constitutional government. This debate, and thus (...) the usual conception of sovereign immunity, rests on a fundamental mistake. Hobbes and his peers were careful to avoid the conflation of government with sovereignty. “Sovereign” immunity, then, is an imposter doctrine that protects government officials by falsely draping them in the sovereign’s cloak. The only sovereign actor, in the American polity, is the people in the act of making or amending the Constitution. Our true, Hobbesian sovereign immunity is nothing more than our unbounded freedom to enact constitutional law. (shrink)

Official Catholic opposition to contraception has long been portrayed as a stand that is based in antiquated doctrine and “out of touch” with society and its problems. In fact, Catholic arguments often have been less devoted to doctrine and more reflective of concerns for social justice and human rights. This was certainly the case in Latin America, as international birth control programs evolved in the mid to late 20th century. Programs were targeted at developing nations like those (...) in Latin America which were experiencing what was termed a “population explosion.” This article describes how, in this primarily Catholic region, Catholic authorities responded to popula- tion policy, arguing that overpopulation should not be considered the primary cause of economic strife, nor should birth control be promoted as the solution. (shrink)

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters Buddhists (...) people by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)