The paper deals with the problem of digital restitution of art to post-colonial and postdependency countries. A new model of digital restitution composed of two elements: creation of a digital copy with a NFT attached and creation of new property right in a physical and digital object has been proposed. A system of balances between the rights and duties based on the prior user concept has been developed.

On sait que pour Cuvier la totalite d'un organisme vivant peut etre reconnue par chaque fragment de chacune de ses parties, ce qui permet, a partir d'un seul element, de restituer un exemplaire d'une espece aujourd'hui disparue. Les etudes reunies dans ce volume ont une intention analogue: partir a chaque fois d'une question determinee et restituer dans son ensemble la secrete architecture d'une oeuvre philosophique (ici a l'interieur du domaine allemand, de Kant a Heidegger). Travail, si l'on veut, de paleontologie (...) philosophique, mais au terme duquel les differentes pensees abordees peuvent sembler se restituer les unes aux autres, comme si elles procedaient toutes d'un unique philosophe tentant, par differentes voies, de resoudre une unique question: celle, precisement, de l'Unique. C'est a nous, interprete ou lecteur, qu'incombe aujourd'hui la responsabilite de sa fragile survie. (shrink)

Justice is usually represented as a feminine figure holding a pair of scales and a sword. The history of that image is relatively recent and has attracted a great deal of attention. However, a different appreciation of it may come from a “nocturnal” jurisprudence seeking to foreground its presence and effects in the transmission of modern culture and so also of law. In this essay, I take my cue from Aby Warburg and the Pathosformeln that, he suggested, can be glimpsed (...) through certain material objects inherited from the past—specifically, Dürer’s The Death of Orpheus and other related visual art. I then consider what Giorgio Agamben calls ‘the image of the image’ emphasising the timely quality of those images and I ask, with Georges Didi-Huberman, whether it might not be high time to “return” that which those images ostensibly show. The associations established in this essay between those different insights may help to recognise the extent to which the innumerable images to do with justice found at the four corners of the world can make the cognitive and emotional experience of those encountering them a rather more complex and potentially problematic affair than it may be at first supposed. What, on closer inspection, can those images give us to see? Are the ancient configurations they sometimes transmit not made up of crystals of historical memory carrying dormant energies that could be suddenly reignited in unpredictable ways? Should the task ahead not be, in some cases, one of restitution—the inapparent gift that turns the “blotted-out” into something striking that can be then handed over and known? These, I argue, are some of the questions a “nocturnal” jurisprudence of the image can be about. (shrink)

In addition to the classic “A Defense of Abortion”, this volume contains twelve later papers by Mrs. Thomson, covering topics such as the right to life and the right to privacy, the redistribution of wealth through taxation, and the case for preferential hiring. For the most part, however, the issues raised are not ones that worry the layman. As a typical example, we agree that a surgeon may not kill a patient to obtain transplants to save five, and the problem (...) is how to reconcile that with our acceptance that a trolley driver whose brakes fail may turn it and kill one, precisely to save five. That’s “a lovely, nasty difficulty,” which she deepens by querying the answer that, while killing is worse than letting die, the driver must kill one or five. We need only suppose that the driver faints, and that a bystander can do nothing, or redirect the car. If he may act, the original problem returns. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity of (...) backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

Is there a major international crime that the general public has never heard of or even thought about? The answer to this question might be surprising—it is the illicit art trade. The purpose of this article is to analyse the criminal aspect of the global art trade with a special focus on the region of South East Asia. In the first part of the paper, which acts as a backdrop for the rest of the article, the author explains the history (...) and general issues regarding the trade of cultural artefacts, briefly explaining the stages in the illicit antiquities trade, with a special focus on the question of international law regulations, of which he provides a critical overview. The second and third parts of the paper are devoted to a more profound analysis of the antiquities journey from illicit to licit. In the second part of the paper the author provides a case study of the first part of the voyage of Cambodian, Vietnamese and Indian antiquities, i.e. from the source country to the port of first shipment, examining the places and the middlemen they pass on their way. The third part of the paper is devoted to the analysis of legal provisions regulating the art trade in Hong Kong—a global art hub—notably the ‘market overt exception’, which allows buyers in good faith to keep the illicitly obtained cultural objects in spite of any claims made by the previous owners. In the fourth part of the paper the author shows why restitution of looted antiquities is so difficult, analysing a number of successful and unsuccessful attempts. The concluding part of the paper is devoted to the author’s critical overview of the various attempts and suggestions on the curtailing of the illicit international art trade. In the coda the author provides a case study of the journey undertaken by Cambodian antiquities. (shrink)

The Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena. The questions represent the most influential late medieval formulation of the natural law argument against usury and the illicit acquisition of property. Together they offer a particularly clear example of scholastic ideas about the nature and purpose of economic activity and the medieval concept of a moral economy. In his (...) introduction, editor Lawrin Armstrong discusses Gerard's arguments and considers their significance both within the context of scholastic philosophy and law and as a critique of contemporary mainstream economics. His analysis demonstrates how Gerard's work is not only a valuable source for understanding economic thought in pre-modern Europe, but also a fertile resource for scholars of law, economics, and philosophy in medieval Europe and beyond. (shrink)

This essay provides a literary history of the restitution narrative in colonial New England; using Cotton Mather's The Angel of Bethesda, I argue that Puritan medical texts employ theological and medical epistemologies to enable patient agency. In these texts, individuals must be involved in reforming the sinful behaviors that they believed caused their conditions, and must also engage in a form of public health by sharing their stories so that others may avoid future sins—and therefore illnesses. Ultimately, recognizing how (...) restitution has been historically defined allows for alternate understandings of recovery that place patients at the center. (shrink)

Despite the later prominence of apocalypticism in John Dee’s ‘angelic conversations’ in the years 1583–85, his correspondence with Roger Edwardes in 1580 about the correct interpretation of eschatological passages in the bible has received surprisingly little attention in Dee scholarship. In this article I give an account of Edwardes’s ill-fated political career, and the apocalyptical writings which he sent to divines in England and Germany for validation. These apocalyptical reflections, which Dee called ‘the boke of Domes Day’, were the subject (...) of the Dee–Edwardes correspondence. Whereas the divines with whom he corresponded were largely lukewarm, Edwardes found a sympathetic reader in Dee. I conclude by considering the significance of the Dee–Edwardes correspondence for Dee’s increasingly apocalyptical outlook, which began in 1564 with prophecies concerning the Habsburg dynasty in his Monashieroglyphica, and reached a fever pitch in the 1580s when he began working with the ‘skryer’ Edward Kelley. The careers of Dee and Edwardes have in common a belief in inspired exegesis and prophetic singularity, and I show that one can detect traces of Edwardes’s concern for the redemption of the Jewish people in Dee’s angelic writings. (shrink)

This fascinating and expertly edited little volume brings to light some hitherto neglected works, illustrating Leibniz’s lifelong interest in the calculus of combinations, and in the problem of the progress of human culture. In fact both interests are united in these works in a characteristically Leibnizian way. Leibniz’s project in De l’Horizon de la Doctrine Humaine is well expressed in its lengthy subtitle: “Meditation on the number of all possible truths and falsities, enunciable by humanity such as we know it (...) to be; and on the number of feasible books. Wherein it is demonstrated that these numbers are finite, and that it is possible to write, and easy to conceive, a much greater number. To show the limits of the human spirit [l’esprit humain], and to know the extent of these limits”. Following in the tradition of the mathematical curiosities of Clavius, Mersenne, and Guldin, Leibniz offers a formula for the calculation of the number of possible words, significant or nonsignificant, pronounceable or unpronounceable, which can be generated from an alphabet of 23 letters. Even though the product of this calculation is prodigiously great, it is finite, and given a sufficiently lengthy lifespan of the species all truths would very likely be exhausted, and novelty give way to repetition. This observation yields the notion of a “horizon of human doctrine”, an extrinsic limit to the number of truths statable in language, and confirms the “vulgar expression that 'nothing is said which has not been said already’”. (shrink)

There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this (...) confuses memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator," "victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. (shrink)

History is useful when it is used properly: to understand why we and those we must deal with think and react in certain ways. It can offer examples to inform our decisions and guesses about the consequences of our actions. But we should be wary of looking to history for dogmatic lessons.We should distrust those who abuse history when they call on it to justify unreasonable claims to land, for example, or restitution. MacMillan illustrates how dangerous history can be (...) in the hands of nationalistic or religious or ethnic leaders who use it to foster a sense of grievance and a desire for revenge. (shrink)

The article analyses the history of the Einfühlung concept. Theories of ‘feeling into’ Nature, works of art or feelings and behaviours of other persons by German philosophers of the second half of the nineteenth century Robert and Friedrich Vischer and Theodor Lipps are evoked, as well as similar theory of understanding (Verstehen) by Wilhelm Dilthey and Friedrich Schleiermacher, to which Dilthey refers. The meaning of the term Einfühlung within Edith Stein’s thought is also analysed. Both Einfühlung and Verstehen were criticized (...) as non-objective and naive methods consisting only in the identification of the subject with the object or the projection of feelings onto the object. The article refers to criticism by Georg Gadamer and Bertolt Brecht and proposes ways to restitute the concept of Einfühlung after this criticism, recalling the theory of empathy by Dominick Lacapra, in terms of its advantages for the historical enquiry, or the myth of Narcissus analyzed in the spirit of psychoanalysis by Julia Kristeva. The article proposes a reformulation of the concept of mimesis, connected to the Einfühlung, understood as the identification, analogy, imitation of feelings (as it was described by Lipss and Vischer). Mimesis does not necessarily mean a passive repetition and reconstruction of the feelings of the object, but serves only as a starting point for the interest of the subject for the outside world or for experiences of historical protagonists. Then there is no identification or projection of feelings, but the creative, active and critical reformulation of knowledge. It is stated that empathy is not a passive, uncritical process, but that it deals with the critical choice of the object of empathy and with an active approach to the perceived feelings and appearances. In addition to this cognitive aspect, empathy may also contribute to the analytical and valuable introspection. Furthermore empathy allows us to connect the analysis of the facts with a personal narrative and understanding of individual identity in historical knowledge. (shrink)

Relationships to time through memory or projection form a particular axis along which the post-communist space reshapes, constructs and understands its identity. Caught between a public rejection of the communist past and a need for roots in the recent past, if only for narrative reasons, and cornered by the near future in the name of transition, the postcommunist societies face a dilemma in their search for identity. The weight of this dilemma can be directly measured by the level of consensus (...) around the passing of certain ‘reparation’ laws, such as the restitution of nationalised property or ‘lustration’, however it can also be seen in other public debates. This sheds light on the difficulties that a society may experience in adopting a collectively-accepted narrative, which then forms the basis on which it constructs its identity. (shrink)

The article intends to retrace, from a historical-philological point of view, the main steps of Walter Benjamin’s unfinished research and works, conducted during his later years, dedicated to Charles Baudelaire. Setting Benjamin’s translation of the Ta-bleaux parisiens as the first result of his interest for the poet, the text delves into the composition process of The Arcades Project, from which the idea of a book on Baudelaire then takes shape. The article examines the crucial stages of this second project’s development (...) through the correspondence between Benjamin and Theodor Adorno and Max Horkheimer especially: from the 1935 exposé for The Arcades Project to The Paris of the Second Empire in Baudelaire, to the 1939 essay On some Motifs in Baudelaire. The focus is set, in particular, on the dialectical-constructive method that guides Benjamin in the composition both of the Passagen-Werk as of the Baudelaire-Buch and the essays. Finally, the article looks back over the transmission history of the project on Baudelaire, intimately bound to the one of the Passagenarbeit: the vicissitudes and findings of various manuscripts, of which the complete restitution of the Kritische Gesamtausgabe is soon expected. Therefore, the peculiar relationship between philology and philosophy of Benjamin’s experimental method is then examined further in depth; the configuration of the research object’s monadic structure according to a historical perspective, albeit in the context of a work that remained unfinished. (shrink)

One of the justifications offered by European imperial powers for the violent conquest, subjection, and, often, slaughter of indigenous peoples in past centuries was those peoples’ violation of a duty of hospitality. Today, many of these same powers—including European Union member states and former settler colonies such as the United States and Australia—take increasingly extreme measures to avoid granting hospitality to refugees and asylum seekers. Put plainly, whereas the powerful once demanded hospitality from the vulnerable, they now deny it to (...) them. This essay examines this hypocritical inhospitality of former centers of empire and former settler colonies and concludes that, given that certain states accrued vast wealth and territory from the European colonial project, which they justified in part by appeals to a duty of hospitality, these states are bound now to extend hospitality to vulnerable outsiders not simply as a matter of charity, but as justice and restitution for grave historical wrongs. (shrink)

Pourquoi prelever sur la masse considerable des textes qui traitent de la confession clericale et des cas de conscience qu'elle a poses ce petit livre sans doute redige par un franciscain presque inconnu, vers 1265, sans aucune consideration doctrinale directe? C'est qu'il constitue, a sa modeste echelle, un document " exceptionnel et normal ", selon le fameux oxymore d'Edoardo Grendi, rendu celebre par Carlo Ginzburg : enracine en Toscane, entre Florence et Sienne, il offre environ 150 cas de la vie (...) quotidienne des citoyens et des marchands, poses dans un cadre plus ethique et social que strictement religieux. Sur le commerce, il apporte parfois des precisions inconnues par ailleurs, par exemple sur la culture et la vente du safran de San Gimignano, ou sur le negoce des chevaux en Toscane. Il offre un document de premier ordre sur la soccida, contrat d'elevage, espece du metayage, qui nait alors en Toscane avant de connaitre un long et capital developpement en Europe. Le Livre des cas est suivi d'un contrat de donation et d'une consultation, sans doute rediges par Chiaro, de Decisions curiales, auxquelles il a participe et de deux textes de son confrere et ami franciscain Manfredo de Tortona, un Traite sur les restitutions et un autre Sur la diversite des contrats, ainsi que par un extrait du franciscain Guiral Ot, Sur la necessite des marchands. (shrink)

Re/reading the Past is concerned with the discourses of history, from the complementary perspectives of Critical Discourse Analysis (CDA) and Systemic Functional Linguistics (SFL). The papers in the book stress the discursive construction of the past, focussing on the different social narratives which compete for official acknowledgement. Issues of collective and cultural memory are addressed, reflecting the "linguistic turn" in the Social Sciences. The book covers a range of discourses, interpreting texts from popular culture to academic discourse including the construction (...) and evaluation of past events in a variety of places around the world. It is especially timely in its focus on the construction of time and value in a post-colonial world where history discourses are central to on-going processes of reconciliation, debates on war crimes, and the issues of amnesty and restitution. As such the book fills a significant gap in interdisciplinary debates as well as in register and genre analysis, and will be of general interest to historians, political scientists and discourse analysts as well as students and teachers of ESP (English for Specific Purposes) and EAP (English for Academic Purposes). (shrink)

There are varying opinions about whether or not the field of business ethics has a history or is a development of more modern times. It is suggested that a book by a Dominican Friar, Johannes Nider, De Contractibus Mercatorum, written ca. 1430 and published ca. 1468 provides a basis for a history of over 500 years. Business ethics grew out of attempts to reconcile Biblical precepts, canon law, civil law, the teachings of the Church Fathers, and the writings of early (...) philosophers with the realities of expanding economic activity. Nider's background is discussed as well as his book as an example of incunabula.Nider was one of the Scholastics who provided a link between Aristotle and later Reformation thinkers. In Nider we find caveat venditor as his moral guide to merchants as well as other surprisingly modern ideas such as justice in exchange; restitution for defective goods; the market as the final arbiter of value; and the importance of creating utility in products. (shrink)

Cet article s'interroge sur le statut à la fois épistémologique et ontologique d'un passé qui « a été » et dont les individus comme les sociétés retiennent le souvenir, mais qui, comme le langage ordinaire l'exprime, « n'est plus » . Toute une tradition de réflexion sur la conservation du passé par la mémoire depuis Platon et Aristote a voulu ramener la mémoire à la métaphore de l'empreinte. En revanche, cet article tente de montrer que la mémoire à plusieurs dont (...) dépend la connaissance historique n'est pas simplement assimilable à ce topos traditionnel. Ce qui caractérise la mémoire plurielle et publique qui alimente le travail de l'historien, c'est le statut privilégié du témoignage, la possibilité de confronter différents témoignages les uns aux autres, dont dépend la crédibilité du récit historique. C'est ainsi moins la problématique d'une ressemblance entre récit et événements racontés — problématique de la trace, héritée d'une tendance traditionnelle à identifier la mémoire avec l'empreinte — que la confrontation de témoignages dans leurs différents degrés de fiabilité qui nous fait assister à l'événement raconté. Cette réflexion sur le décalage entre mémoire et histoire ouvre, dans la deuxième partie de cet article, à une analyse approfondie de la temporalité propre au passé qui fait l'objet du souvenir et conduit à une confrontation avec privilège accordé, dans la synthèse des trois modes du temps, chez saint Augustin au présent et, chez Heidegger, au futur. De cette manière, l'article tente de rééquilibrer la synthèse des temps en lui restituant un autre rapport au passé, que l'on ne saurait atteindre à partir d'Augustin ou de Heidegger. Libérer l'histoire du paradigme de la trace, de la métaphore de la mémoire comme empreinte, revient précisément à la restitution de ce mode de temporalisation du passé jusqu'ici esquivé : cet autre rapport au passé vise, conjointement à la mise en évidence du témoignage propre au travail de l'historien, à souligner la dette envers le passé et de la possible délivrance de la dette. C'est, en effet, en délivrant « par le moyen de l'histoire, les promesses non tenues, voir empêchées et refoulées par le cours ultérieur de l'histoire, qu'un peuple, une nation, une entité culturelle, peuvent accéder à une conception ouverte et vivante de leurs traditions ». This article examines both the epistemological and the ontological status of the past which at once « has been » and is remembered by individuals and societies, but which, and ordinary language tells us, is « no more ». An important tradition of reflection that has focused, since Plato and Aristotle, on the conservation of the past by memory, has attempted to account f or memory in terms of the metaphor of the impression. This article, on the contrary, argues that the plural memory retained by a number of individuals, upon which historical knowledge depends, cannot simply be derived from this traditional presup-position concerning memory. Memory which is at once plural and public that is the source of the historian's research most directly concerns the testimony of witnesses, the possibility of confronting different testimonies, each with the others, which constitutes the basis of the credibility of the historian's argument. Hence, it is less a problem of the resemblance of the historical narrative to narrated events — inherited from the traditional tendency to identify memory with the impression — than the confrontation of witnesses in their différent degrees of trustworthiness, which makes it possible to understand the significance of the narrated event. This reflection concerning the disparity between memory and history is followed, in the second part of this article, to an analysis of the temporality that characterizes the past which is remembered. It leads to a questioning of the privilege accorded, in the synthesis of the three modes of time, to be present in the philosophy of saint Augustine and to the future in that of Heidegger., To liberate history from the paradigm of the trace, from the metaphor of memory as impression, is tantamount to the retrieval of mode of temporalization of the past which has previously been neglected: this other relation to the past intends, while underlining the status of the witness that characterize the historian's endeavor, to place in evidence the idea of the debt toward the past. It is consciousness of the debt toward the past, and of need of deliverance from the debt which, by means of history, aims at emancipation from « the unkept promises that have been blocked or repressed by the later course of history, through which a people, a nation, a culture, may attain a living and open conception of its own traditions ». (shrink)

There are internationally set criteria that apply in the case of a legacy of grave and systematic violations of human rights, generating obligations of the state towards the victims and society. They specify: a right of the victim to see justice done, a right to know the truth, an entitlement to compensation and nonmonetary forms of restitution, as well as a right to reorganized and accountable institutions. Facing the complete failure of implementing the first three points, one can claim (...) that none of them has been fulfilled in Hungary since the fall of Communism, almost one quarter of a century ago. This paper analyses the context in which constitutional adjudication may confront certainty of law with the very idea of justice by putting an end to any progress of leaving the legacy of Communism behind. As a consequence, the Rule of Law becomes a mere simulacrum. (shrink)

Patient competence, defined as the ability to reason, appreciate, understand, and express a choice is rarely discussed in patients with obsessive compulsive disorder, and coercive measures are seldom used. Nevertheless, a psychiatrist of psychologist may doubt whether OCD patients who refuse treatment understand their disease and the consequences of not being treated, which could result in tension between respecting the patient’s autonomy and beneficence. The purpose of this article is to develop a notion of competence that is grounded in clinical (...) practice and corresponds with the experiences of patients with obsessions and/or compulsions. We present a naturalistic case study giving both the patient’s and the therapist’s perspective based on in-depth interviews and a narrative analysis. The case study shows that competence is not merely an assessment by a therapist, but also a co-constructed reality shaped by the experiences and stories of patient and therapist. The patient, a medical student, initially told her story in a restitution narrative, focusing on cognitive rationality. Reconstructing the history of her disease, her story changed into a quest narrative where there was room for emotions, values and moral learning. This fitted well with the therapist’s approach, who used motivational interventions with a view to appealing to the patient’s responsibility to deal with her condition. We conclude that in practice both the patient and therapist used a quest narrative, approaching competence as the potential for practical reasoning to incorporate values and emotions. (shrink)

Patient competence, defined as the ability to reason, appreciate, understand, and express a choice is rarely discussed in patients with obsessive compulsive disorder, and coercive measures are seldom used. Nevertheless, a psychiatrist of psychologist may doubt whether OCD patients who refuse treatment understand their disease and the consequences of not being treated, which could result in tension between respecting the patient’s autonomy and beneficence. The purpose of this article is to develop a notion of competence that is grounded in clinical (...) practice and corresponds with the experiences of patients with obsessions and/or compulsions. We present a naturalistic case study giving both the patient’s and the therapist’s perspective based on in-depth interviews and a narrative analysis. The case study shows that competence is not merely an assessment by a therapist, but also a co-constructed reality shaped by the experiences and stories of patient and therapist. The patient, a medical student, initially told her story in a restitution narrative, focusing on cognitive rationality. Reconstructing the history of her disease, her story changed into a quest narrative where there was room for emotions, values and moral learning. This fitted well with the therapist’s approach, who used motivational interventions with a view to appealing to the patient’s responsibility to deal with her condition. We conclude that in practice both the patient and therapist used a quest narrative, approaching competence as the potential for practical reasoning to incorporate values and emotions. (shrink)

Focalisé sur un problème posé par Bernard Frenicle de Bessy vers 1639, sa solution et les réponses de ses correspondants, cet article s'attache à décrire plusieurs registres enchevêtrés de l'expérience du mathématicien: expérimentation sur les nombres empruntée en partie aux sciences de la nature, injonctions d'une pratique collective cimentée par les problèmes et leurs constructions explicites, entraînement personnel de l'attention et du savoir-faire s'articulent ainsi dans les efforts de Frenicle pour contester la suprématie de l'analyse algébrique et dans les modes (...) de conviction qui fondent son travail. Ce récit d'expérience permet en retour d'apprécier les problèmes que posèrent à Frenicle la transmission de ses résultats et, à ses historiens, la restitution de son activité. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Tolerantia: A Medieval ConceptIstván BejczyThe notion of tolerance is generally considered a product of modern times and in particular of the Age of Reason.1 The enlightened philosophers, who laid the foundations of liberalism and democracy, are often hailed as the men who introduced the notion of tolerance as a means of guaranteeing maximum freedom to the individual members of society. Writings such as the Epistola de tolerantia of John (...) Locke and the Traité sur la tolérance of Voltaire prove indeed that tolerance was an important topic in enlightened thought. Sometimes it is believed that an earlier notion of tolerance can be found, most notably in the writings of Christian humanists like Erasmus. As a matter of fact, “Erasmian tolerance” is a standing phrase in the Netherlands, where the people are happy to link the one virtue for which they openly praise themselves with the only Dutch author who is universally known.The Middle Ages, on the other hand, have no reputation for tolerance, the lack of which is usually attributed to the influence of a powerful Church that was able and willing to suppress all major deviations from the exclusive truth it was convinced it possessed. Only the Reformation, it is often argued, forced the Church to change its attitude and to redefine its relation towards dissidents.2 As a consequence, many historical studies of the idea of tolerance begin only in the sixteenth century.3This representation of the history of tolerance is, however, distorted. In the Middle Ages tolerantia was a highly developed political concept, and it was [End Page 365] widely applied in the ecclesiastical as well as the secular sphere. This observation is not altogether new. In a limited number of studies the medieval concept of tolerance receives due attention. The most important of these studies are those by Joseph Lecler, Mario Condorelli, and Klaus Schreiner, but unfortunately none of these authors treat the subject of medieval tolerance in a satisfactory way.In his monumental Histoire de la tolérance au siècle de la Réforme (1955) Lecler does not investigate the term or the concept of medieval tolerance systematically, but briefly surveys the attitude adopted by Christian scholarly authors towards heretics and unbelievers. In fact Lecler tacitly equates the notion of “tolerance” with “freedom of religion,” a concept which indeed found little support among medieval scholars.4 Condorelli’s study (1960) is much more systematic, but it has a rather limited scope. It concentrates on the development of religious toleration in medieval canon law between the twelfth and fourteenth centuries.5 The canon lawyers in fact coined the medieval concept of tolerantia with specific attention to religious toleration, and for this reason Condorelli’s work remains important and useful. But Condorelli does not analyze medieval tolerantia in its full range, nor does he compare the concept with later uses of the term.Schreiner’s article on tolerance in Geschichtliche Grundbegriffe (1990) contains a detailed discussion of the concept of tolerance and its development in western intellectual history.6 On the patristic and medieval periods Schreiner offers a wealth of material, and his representations of historical facts and developments are generally correct. His evaluations of the facts, however, strike me as misleading as far as the Middle Ages are concerned. Schreiner refuses to take medieval tolerance seriously. The pretension of Christian religion to embody the absolute truth and its function as the main integrating factor of society would have impeded a full development of tolerance; Schreiner even considers medieval Christianity intolerant in its very essence. As he argues,Only when the early modern state proceeded to make natural religion instead of a closed system of belief the consensus-shaping vinculum societatis, it set free spaces of action in which individuals and groups could realize their rights of freedom of belief and conscience.... Only [End Page 366] the dissolution of the historically grown bonds between religion and justice, which restituted freedom to religion and prudence to justice, enabled the free expression of religion in a spirit of mutual patience.7We can reproach Schreiner with several inaccuracies. First, it is questionable whether medieval religion represented a closed system which can be... (shrink)

Nous posons l'oeuvre d'Albert Lautman comme une sorte d'opérateur de brisure de symétrie dans le cadre de l'opposition traditionnelle de la philosophie spéculative et des sciences physico-mathématiques. L'enjeu pour la philosophie en est, à de très rares exceptions près, encore très mal perçu. Sur ce plan, nous reprenons la question du « platonisme » supposé de Lautman, et nous le confrontons à sa lecture fondamentale de Martin Heidegger. Les conséquences de cette inscription dans le sillon heideggérien sont fondamentales pour une (...) juste restitution de cette pensée et de cette philosophie dans ce qu'elles conservent de plus actuel. Sur l'autre versant, celui des percées lautmaniennes dans le champ de la physique mathématique, nous insistons sur l'extrême alacrité prospectiviste de son regard, sa puissance philosophique venant renforcer cette singulière sensibilité à ce qui fit l'essentiel des mathématiques et de la physique théorique de son temps. En ce sens, sa position occupe bel et bien l'un des points nodaux du site « surrationaliste ». (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book (...) he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. (shrink)

Gerald Odonis' treatise on contracts, restitutions, and excommunication is one of his earliest works, composed in Toulouse ca. 1315-17. Mainly based on Peter John Olivi's De contractibus, but using a variety of other sources and offering some original arguments as well, it is remarkable for its pragmatic approach to economic phenomena. His rejection of the rational argument against usury reveals a casual use of the bull Exiit qui seminat, defining Franciscan poverty, as well as a change of assumptions in the (...) approach to economic exchange. Whereas various explanations can be provided for the provocative aspect of this youthful treatise, all in all, it can best be described as a free and uninhibited interpretation of the scholastic tradition. (shrink)

The Holocaust serves as a foundational critical resource in postwar philosophy. Interventions into the logic of its exemplarity tend to treat exemplarity as a matter of archival selection that ignores earlier histories of genocide and slavery. A recent example is Alexander Weheliye’s critique of Giorgio Agamben, which seeks to restitute racial slavery as a theoretically significant moment of biological precarity. In a continuation of this logic, this essay introduces the history of Indian Ocean slavery, which precedes transatlantic slavery but is (...) comparatively lesser known. In doing so, I suggest that complaints against archival selection do not go far enough, for they do not address the problem of a kind of event whose very nature is to destroy its own archive. Reading Jean-François Lyotard’s differend as a critique of the modern genre-supremacy of historiography, I argue that the very ground of historical examples demonstrates the regressive nature of exemplarity itself. (shrink)

De 1805 a 1830, Hegel donne neuf series de cours sur l'histoire de la philosophie. Explorant et meditant les theses de ses predecesseurs, il en nourrit sa pensee et les eclaire en retour de la sienne. A ce titre, K.L. Michelet, a qui l'on doit la restitution de ces lecons a partir des notes de Hegel et de celles de ses auditeurs, voit dans ce texte la meilleure cle pour la comprehension de son oeuvre. C'est par le berceau de (...) la philosophie, la Grece, que Hegel commence son exploration de l'histoire de la philosophie. Divisant la pensee grecque en trois periodes (la premiere s'etend de Thales a Anaxagore; la seconde englobe epicurisme, stoicisme et scepticisme; la troisieme, Platon et Aristote), il s'agit pour lui de partir du commencement de la pensee philosophique pour aboutir au stade ou l'idee prend la forme de la totalite. Dans ce premier tome sont reproduites les lecons dediees aux penseurs dits presocratiques Ioniens (Thales, Anaximandre, Anaximene), Pythagoriciens, Eleates (Xenophane, Parmenide, Melissus, Zenon), Heraclite, Empedocle, Leucippe, Democrite et Anaxagore. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Tolerantia: A Medieval ConceptIstván BejczyThe notion of tolerance is generally considered a product of modern times and in particular of the Age of Reason.1 The enlightened philosophers, who laid the foundations of liberalism and democracy, are often hailed as the men who introduced the notion of tolerance as a means of guaranteeing maximum freedom to the individual members of society. Writings such as the Epistola de tolerantia of John (...) Locke and the Traité sur la tolérance of Voltaire prove indeed that tolerance was an important topic in enlightened thought. Sometimes it is believed that an earlier notion of tolerance can be found, most notably in the writings of Christian humanists like Erasmus. As a matter of fact, “Erasmian tolerance” is a standing phrase in the Netherlands, where the people are happy to link the one virtue for which they openly praise themselves with the only Dutch author who is universally known.The Middle Ages, on the other hand, have no reputation for tolerance, the lack of which is usually attributed to the influence of a powerful Church that was able and willing to suppress all major deviations from the exclusive truth it was convinced it possessed. Only the Reformation, it is often argued, forced the Church to change its attitude and to redefine its relation towards dissidents.2 As a consequence, many historical studies of the idea of tolerance begin only in the sixteenth century.3This representation of the history of tolerance is, however, distorted. In the Middle Ages tolerantia was a highly developed political concept, and it was [End Page 365] widely applied in the ecclesiastical as well as the secular sphere. This observation is not altogether new. In a limited number of studies the medieval concept of tolerance receives due attention. The most important of these studies are those by Joseph Lecler, Mario Condorelli, and Klaus Schreiner, but unfortunately none of these authors treat the subject of medieval tolerance in a satisfactory way.In his monumental Histoire de la tolérance au siècle de la Réforme (1955) Lecler does not investigate the term or the concept of medieval tolerance systematically, but briefly surveys the attitude adopted by Christian scholarly authors towards heretics and unbelievers. In fact Lecler tacitly equates the notion of “tolerance” with “freedom of religion,” a concept which indeed found little support among medieval scholars.4 Condorelli’s study (1960) is much more systematic, but it has a rather limited scope. It concentrates on the development of religious toleration in medieval canon law between the twelfth and fourteenth centuries.5 The canon lawyers in fact coined the medieval concept of tolerantia with specific attention to religious toleration, and for this reason Condorelli’s work remains important and useful. But Condorelli does not analyze medieval tolerantia in its full range, nor does he compare the concept with later uses of the term.Schreiner’s article on tolerance in Geschichtliche Grundbegriffe (1990) contains a detailed discussion of the concept of tolerance and its development in western intellectual history.6 On the patristic and medieval periods Schreiner offers a wealth of material, and his representations of historical facts and developments are generally correct. His evaluations of the facts, however, strike me as misleading as far as the Middle Ages are concerned. Schreiner refuses to take medieval tolerance seriously. The pretension of Christian religion to embody the absolute truth and its function as the main integrating factor of society would have impeded a full development of tolerance; Schreiner even considers medieval Christianity intolerant in its very essence. As he argues,Only when the early modern state proceeded to make natural religion instead of a closed system of belief the consensus-shaping vinculum societatis, it set free spaces of action in which individuals and groups could realize their rights of freedom of belief and conscience.... Only [End Page 366] the dissolution of the historically grown bonds between religion and justice, which restituted freedom to religion and prudence to justice, enabled the free expression of religion in a spirit of mutual patience.7We can reproach Schreiner with several inaccuracies. First, it is questionable whether medieval religion represented a closed system which can be... (shrink)

This book is a personal answer to the crisis of the left. The author of this text belongs to a generation habituated to live with global explanations. During our youth, the future of the world was the future of democracy and socialism. We belong to a generation of “leftist” that found in Marx and Freud, phenomenology and structuralism the most important answers that made sense of the everyday world. However, the developments of events during the last sixty years showed that (...) our confidence was ungrounded. The depreciation of the theoretical thought accelerated in direct proportion to the development of technologies, and among them the impact of the digital developments was devastating. One of the most notable consequences of the digitalization of culture was the depreciation of the Marxian thought, but also the less recognized depreciation of all kinds of political-economic thought. The collapse of the world created before the Second World War open for the end of the “grand narratives” and the enthronization of Postmodernism. The production of fragmentary explanations took over the historical perspective with an important influence on social and economic thought. After 60 years of postmodern thinking, we believe that the time of Postmodernism is over. Politicians and economists over the world cannot continue to produce results in small packages. The whole picture must be restituted. Of course it must be done incorporating the lessons of the past to avoid to make the same mistakes. Postmodernism has left behind lots of scattered modernist philosophical remnants. It left a chessboard with only few pieces to work with, and in this allegory, only as references. The philosophical schools remains, but the study of them is strictly for an education in the history of ideas. The situation is aggravating since the most important works from the 1960’s and forth, (post-structuralists) deliberately have avoided obvious identity patterns. A word in Rio de la Plata’s jargon language describes this situation, cambalache, a sort of “flea market” where everything lies higgledy-piggledy. Deconstruction and the focus on differences are vital to Postmodernism. Remaining is therefore the intersections, the contrasts, shadows, and sketches. When trying to orient in such an intellectual environment, the task reminds of patching scatterings, and building with tools of eclecticism. However, we believe that is time to reconstruct instead of deconstruct, moving back to Modernism that we will describe as Cyborgism. (shrink)

After a brief outline of the history of the catholic doctrines of natural law the author concludes that although the doctrine itself has not changed, changes in its official interpretation and in the conclusions drawn from it are traceable. A rigid, invariable catholic natural law, universally binding for all times, all societies, and all men, has transformed into a natural law of variable content. It has become variable depending on both the socio-historical circumstances and on the different situations and different (...) mutual relations of various groups in the society. In this way the function of law has changed. Whereas to Pius XI natural law was still an expression of a static attitude towards society contributing to the restitution of a statical medieval system and securing the control of morality by the church, nowadays it should fulfil the two following functions: owing to its variability it should facilitate the dynamics of development, and owing to the fundamental invariability of its basic principles it should secure only a single consistent direction of development. (shrink)

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises from the central importance of (...) reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Principles and PragmatismR. Alta Charo (bio)Openly, privately, or implicitly, every public ethics committee struggles with its mandate. Is its job to identify a moral ideal?; a morally acceptable minimum that, realistically, could be adopted as policy?; or an optimal political compromise that can arguably meet ethical analysis? The answer appears to be different for each committee, depending upon its subject matter, its sponsoring political body, and the details of (...) its legal mandate. What is universal, however, is that even the most well-intentioned committee is likely to experience dissension over the interpretation of its task and that this dissension will often be played out in debates over particular policy recommendations.Ruth Macklin’s description of disagreement and moral integrity in the context of the Advisory Committee on Human Radiation Experiments demonstrates this phenomenon quite clearly (Macklin 1996). The epistemological debates concerning the evidence of past practices illuminate differing visions of the Committee’s mandate. For some it was to render moral judgment on past acts, without necessarily concluding that, if the acts were immoral, the individuals involved were themselves immoral. For others it was to use moral judgments to determine appropriate forms of restitution, thus balancing the reputational risks to past actors against the need for and feasibility of restitution to the victims. Still others appeared to focus on crafting specific political responses, and the historical data needed only be sufficient to bolster the policy recommendations.In this respect, the composition of any advisory committee becomes crucial. As fact-finders, committee members must determine the kind of evidence they will find persuasive. This determination, in turn, depends upon whether the committee sees itself primarily as (1) informational, in which case the standards employed by professional historians are probably the most appropriate, or (2) judgmental, in which case something closer to legal standards of proof might be better. The dilemma is not limited to committees looking at history; those rendering advice on science policy need to determine if they will use standards of proof prevalent in the scientific community (consensus following peer review) or the public (scientific consensus coupled with credibility of the scientific community as a whole). [End Page 319]When a committee is asked to base its judgments on ethical analysis, the conflicts only deepen. The “ethics” of policy recommendations are invariably balanced against the desire to see one’s work yield a concrete political response, the perception of political constraints on implementing an ethically “ideal” solution, and the subtle pressures exerted by the sponsoring political body to respond to the specific committee mandate, which was written with the needs of the sponsoring body in mind, not the needs of a wide-ranging ethics discussion.Another complication arises because ethics committees derive their credibility from the perception that moral truth is discoverable and unassailable. To horse trade among these moral truths undermines the credibility of their entire endeavor and can render bioethics advisory committees not only ineffective but even offensive. After all, if a moral truth exists, how ethical is it for “ethicists” to abandon it in the name of strategic concerns? If, on the other hand, no moral truth exists, then by what right do these “ethics” committees claim persuasive authority beyond that of any citizen advisory committee?This is a deep dilemma that relates to the discipline of bioethics itself. Lacking a core methodology or doctrine, bioethics has yet to justify itself to either its proponents or to the public. Bioethics scholars acknowledge that there are a variety of theories drawn from moral philosophy that could be used to guide the resolution of dilemmas that arise in the context of medical care and biomedical research. Such theories include utilitarianism, deontology, teleology, virtue theory, and justice theory, with no one theory being universally adopted by bioethics scholars and no one methodology being available to resolve conflicts among their respective conclusions. While deductivism is the predominant analytical style in the field, “[t]he central difficulty with deductivism is that there is no single comprehensive moral theory, nor even theories or principles of more limited scope, which is agreed to be true or correct” from which defensible conclusions will flow (Brock 1995).But if public ethics bodies cannot... (shrink)

This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling with socio-cultural (...) norms. The findings from both quantitative and qualitative research contribute to understanding effectiveness and improving practices to achieve justice for victims. We investigated how new domestic violence laws are applied in the judicial system and the challenges victims face in seeking justice. The research highlights the necessity and effectiveness of laws while revealing socio-cultural resistance within the judicial system, such as holding victims accountable in domestic violence cases. The judicial response to domestic violence cases often favors restorative justice mechanisms, emphasizing reconciliation and lenient penalties. Notably, 61% of criminal cases conclude with reconciliation. Despite the impossibility of reconciliation in administrative cases, courts resort to the concept of "insignificance" of the violation, terminating cases on this basis in 28% of instances. However, the absence of reconciliation significantly diminishes the effectiveness of laws, depriving victims of restitution and the ability to influence the perpetrator's behavior. In the era of restorative justice application, rising questions emerge regarding its effectiveness, particularly due to socio-cultural pressure on victims and their unequal negotiation opportunities. (shrink)

On the basis of Waldron’s supersession thesis, this article discusses the historical injustice argument and contends that in order to evaluate moral claims for restitution of territorial titles it is important to consider the legitimate expectations of citizens that have been formed historically and have been sanctioned by the state through institutional mechanisms of stabilization of expectations. The legitimate expectations of citizens form normative demands that cannot be disregarded when rectifying historical injustices. In his arguments in favour of the (...) supersession thesis, Waldron does not give sufficient attention to the concept of ‘legitimate expectation’, even though the thesis is reinforced by this reference. Unlike exclusively restitutive and rectificatory measures, this paper relies on _present considerations_ of the consequences of past injustices, all within the framework of a theory of justice. In this sense, compensation deals with the past, but in a forward-looking way. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Originally published in 1971, this volume examines the relationship between the history and sociology of education. History does not stand in isolation, but has much to draw from and contribute to, other disciplines. The methods and concepts of sociology, in particular, are exerting increasing influence on historical studies, especially the history of education. Since education is considered to be part of the social system, historians and sociologists have come to survey similar fields; yet each discipline appears to have its own (...) aims and methodology. (shrink)

There is a common tradition in European education going back to the Middle Ages which long played a part in providing the curriculum of schools which catered both for the wealthy and for able sons of less well-to-do families. Originally published in 1974, this volume examines the relationship between education and society in the different countries of Europe from which differences in tradition and practice emerge. The countries discussed include: France, Germany, the former Soviet Union, Poland and Sweden.

Originally published in 1972, this book is concerned with education as part of a larger social history. Chapters include: The roots of Anglican supremacy in English education The Board schools of London The use of ecclesiastical records for the history of education Topographical resources: private and secondary education from the sixteenth to the twentieth century.

Politics and Modernity provides a critical review of the key interface of contemporary political theory and social theory about the questions of modernity and postmodernity. Review essays offer a broad-ranging assessment of the issues at stake in current debates. Among the works reviewed are those of William Connolly, Anthony Giddens, J[um]urgen Habermas, Alasdair MacIntyre, Richard Rorty, Charles Taylor and Roy Bhaskar. As well as reviewing the contemporary literature, the contributors assess the historical roots of current problems in the works of (...) Nietzsche and Max Weber. (shrink)

Grace de Laguna was a philosopher working in the first part of the twentieth century on analytic and speculative philosophy, as well as on the psychology and philosophy of language, especially the social function of language. Joel Katzav’s lead essay focuses mainly on the former part of her work, while my commentary focuses mostly on the latter. Katzav shows how her work played a role in the development of analytic philosophy, I try to show how her work played a role (...) in the development of pragmatic linguistics, whose development overlapped with some aspects of analytic philosophy. I situate it in the context of an emerging ‘pragmatic Weltanschauung’ that was embraced by many working in linguistics, philology, philosophy, psychology, anthropology and what would later be called linguistic pragmatics. (shrink)