Introduction -- Quiz -- Perception & mindset -- Creative thinking -- Decision making -- Analyzing arguments -- Mastering logic -- Appendix I: Summary of reasoning tips 1 to 50 -- Appendix II: Fallacious reasoning -- Appendix III: Avoiding improper inferences -- Appendix IV: Analogies -- Appendix V: The ten classic trade-offs -- Appendix VI: Critical reading and comprehension -- Appendix VII: Tips for taking reading tests -- Answers and explanations -- Quiz : answers.

The judgment in Qarase v. Bainimarama provided a legal basis for the 2006 military coup in Fiji and stated that the President was entitled to grant authority to the military to act outside of the powers prescribed by the written Constitution. According to the ruling, the Royal Prerogative powers that remained in government following British rule could be utilised by the President at any time that he considered it necessary. This paper explores the rationale for that (...) judgment and the role that Royal Prerogative powers may play in the governance of countries that were previously subject to British rule. It further considers the impact of this judgment upon democracy in Fiji and the future protection of human rights for its citizens. (shrink)

This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while (...) non-statutory powers respond to unexpected futures and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions.This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while non-statutory powers respond to unexpected futures and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions. (shrink)

ABSTRACT Ernst Fraenkel’s seminal study about Nazi law, in which he described the co-existence of a ‘normative state’ and a ‘prerogative state’ as principles of government, is to be rediscovered in the new age of the prerogative. Through a critical reading of The Dual State and other important texts by Fraenkel, this article seeks to contribute to the contemporary debate on regime types and governmental power in three regards: first, by clarifying Fraenkel’s concept of and perspective on law; (...) second, by discussing the methodological demands for the beneficial application of the dual state concept; and, third, by showing the usefulness of such an application, even beyond the field of authoritarian states in the narrower sense. Law-eroding prerogative developments cannot only be witnessed in hybrid regimes, but also in democratic states, which resort to reflections and practices of an ‘enemy criminal law’, and in the European Union’s recent crisis politics. (shrink)

This article draws analogies between the making of norms by contract, often seen as typical of private law, and by subordinate law-making, often seen as a typically public function and for public bodies. These analogies are set in the context of those rules which govern the relations between universities and their students, as the same types of rule may find their source in a range of legal sources: prescription, royal charter, parliamentary legislation or contract. Of these different sources, the (...) common law courts long accepted that chartered corporations, created by exercise of royal prerogative, were entitled to make subordinate legislation (known as byelaws) for the furthering of their purposes for both members and non-members, despite this law-making being extra-parliamentary. This article suggests how this power to make byelaws in chartered corporations may apply to chartered universities, noting the difficulties arising from the allegedly eleemosynary nature of these bodies and from the possible coexistence of statutory powers. It then examines the way in which the contract between a student and a university arises, and how this contract may form the legal basis of student rules, whether these rules are conceived as terms of the contract itself or as expressions of a unilateral power in the university arising from the contract. A subsequent article will compare the review of student rules on the grounds of public law principle and of contractual regulation. (shrink)

This article uses Ernst Fraenkel’s dual-state framework as an analytical tool to study those conflicting imperatives and constitutional tensions with a focus on the power to detain. This article makes the argument that China has emerged as a dual state with a normal state that functions increasingly with a rule-based government in inter-personal matters and a prerogative state that solidifies control in areas that are regarded as political sensitive. Overall, while the equilibrium between the normative and prerogative states (...) has been evolving in China, it has remained stable. The Party has been able to build a relatively self-defined and self-referencing legal system to provide the certainty and order that the Chinese political economy demands while maintaining a zone of exception, expansive and continuing to evolve, for the prerogative state to safeguard authoritarian rule. (shrink)

Reading Anthony Gregory's massive tome on the development of habeas corpus from fourteenth century England through its incorporation into Common Law, and then into Article One of the US Constitution and finally, down to the Patriot Act and other more recent modifications of the “great writ,” I am reminded of something that I heard as a graduate student many decades ago, when I asked a professor about reading a particularly demanding book. I was urged to plunge into that text, providing (...) I could spare a few months. Unlike the book I asked about then, which was a total waste of time (as I soon discovered), Gregory's study is a monument to meticulous research. (shrink)

Should egalitarian justice be qualified by an agent-relative prerogative to act on a preference for—and thereby in a manner that gives rise to or preserves a greater than equal share of the goods of life for—oneself, one's family, loved ones, or friends as compared with strangers? Although many would reply that the answer to this question must be ‘yes’, I shall argue here that the case for such a prerogative to depart from equality is much less far-reaching than (...) one might think. I have in mind a prerogative to depart from a specific form of equality: namely, equality of opportunity for such advantages as resources or welfare. I mean to refer to the strong form of equal opportunity elaborated and defended by Richard Arneson and G. A. Cohen whereby, roughly speaking, two people have equal opportunity for advantage if they face the same choices and will end up at the same level of advantage if they make the same choices. (shrink)

The significance of political-economic context for scientific citizenship is argued through an analysis of New Zealand’s Royal Commission on Genetic Modification. My intention is not to provide an account of why the commission came to the decisions it did but to illustrate how the political-economic context and the culture of regulatory science both exacerbate public concerns about unacknowledged uncertainty and commercial influence and make it difficult for those concerns to influence the outcomes of public dialogues. The discursive flexibility of (...) science as alternately predictive and provisional silences concerns about uncertainty, while a further interpretive choice of science as the autonomous activities of individuals unconstrained by political-economic context occludes the nature of concerns about commercial influence. Rather than the increasingly prevalent focus on processes of engagement, I argue that it is essential that researchers in this area attend to how public dialogue is placed in relation to the cultures and structures of regulatory science and neoliberalism. (shrink)

John Locke’s role in the advent of modernity has been debated widely. His work has been (ab)used by those arguing from libertarian, democratic, communitarian, socialist, feminist, or postcolonial points of view, either portraying him as a forefather of their preferred political theory or as an antagonist to their avowed political and philosophical goals. In this paper, we are primarily concerned with highlighting the importance of the executive’s prerogative in Locke’s philosophy, as we argue that this concept, often banished to (...) the side-lines, is indeed central to Locke’s political theory. This partial neglect entails that some of the most popular readings of Locke are potentially based on faulty premises. We focus on how Locke’s prerogative is antithetical to the project of seeing Locke as a forefather of libertarianism. Furthermore, this paper’s arguments could also support challenges to interpretations of Locke as an early and important proponent of democracy. Rather than seeking to find support for modern theories through anachronistic and dubious readings of Locke, we focus on how he conceived of an exceedingly strong executive whose actions are exclusively restricted by the public good. We conclude that there is good reason to consider his philosophy proto-utilitarian, something that further highlights the conflict with libertarianism. As such, we conclude that libertarian or democratic theories postulating Locke as their direct predecessor should be re-examined to account for these findings. (shrink)

O texto conhecido como “Conselho a um príncipe” é um texto sapiencial datado do período neo-assírio que aqui se traduz do acádico para língua portuguesa. Reflecte uma concepção ética do poder real e da justiça como um das suas vertentes fundamentais. Essa ética é sobretudo perspectivada no âmbito das relações entre o rei e o divino. A prosperidade no país e os êxitos do rei dependem essencialmente da avaliação que os deuses fazem da atitude e do desempenho da realeza. Esta (...) lógica mostra que o poder real tem os seus limites, os quais assentam na dinâmica das relações com o divino e no princípio da retribuição. (shrink)

This paper aims to construct a comprehensive theory of royal succession of Mencius. Basically, there are three distinct modes of royal succession described in the Mencius: abdication, hereditary succession, and revolution. Abdication involves the voluntary transfer of power by the incumbent ruler to a virtuous minister. Hereditary succession entails the transmission of power to the son of the incumbent ruler. Revolution marks the foundation of a new dynasty by deposing the incumbent ruler. What are their exact relationships? In (...) contrast to hereditary succession, which represents “rule by heredity,” abdication and revolution are often categorized together as “rule by virtue,” which became the backbone of the Confucian virtue politics. However, Mencius' writings, especially 5A5 and 5A6, suggest his clear intention to establish a coherent, or at least, compatible relationship between abdication and hereditary succession. This paper analyzes Mencius' discussions on royal succession to elucidate how he perceived the connection between abdication and hereditary succession, and to explore why he considered revolution as a separate category. In this study, I refer to the former as the “entrenched‐trust model” and distinguish the latter as “anticipated‐trust model.” The final section of the paper compares the three modes of royal succession in terms of the nature of the people's trust, the susceptibility of the people's approval, and the candidate's disinterest in power. (shrink)

When the Macedonians had conquered Greece, city-states continued to exist along-side the more powerful kingdoms, and were often forced to accommodate their policies to the wishes of the powerful kings who were, in theory, their allies. If kings and cities were to co-operate effectively, there would need to be some way of adapting the authority of royal wishes to the theoretical rights of the cities to self-determination. The contrast between the powers of a king, theoretically all-powerful within his (...) kingdom, and the autonomy of a city did not need to be total. Aristotle, who was acquainted with the Macedonian kingdom, made a clear distinction between kingship and tyranny, between rule by the law and autocracy. He listed Macedonia alongside Sparta and Epirus as kingdoms which were ruled in the interests of all. (shrink)

The paper traces the continuities between empires and successor nation-states and examines how imperial prerogatives continue to operate in the global system. The author also looks at the failure of postcolonial states to deliver on their promises after achieving national sovereignty. In all this, the focus is on conceptualizing the category of ‘the people’, which is supposedly the source of legitimate power in the contemporary world. In particular the paper zooms in on the historical continuity that characterized traditional empires and (...) is just as present in the context of contemporary world powers – the right to invoke imperial prerogatives to declare colonial exceptions. (shrink)

Locke’s endorsement of prerogative, the power of the executive to exceed positive laws in emergencies, seems to contradict his political and theoretical aims in writing the Two Treatises of Government, particularly his vindication of the rule of law in a constitutional government. However, this article argues that prerogative and the rule of law are consistent in the ultimate ends that they serve, in spite of their significant differences as means. Prerogative is essential to the realization of the (...) most fundamental duties of government, including the preservation of society, because unforeseeable contingencies make it difficult and even counter-productive to rely exclusively on juridical means of fulfilling these duties. Prerogative compensates for the shortcomings of the law without abandoning the principles of legality altogether by allowing the executive to exercise extra-ordinary powers in accordance with the highest law of all: the good of the people as defined by the laws of nature. (shrink)

ABSTRACT The present study features an interview between a Royal Canadian Mounted Police (RCMP) officer and a female indigenous minor, who was reporting her own sexual assault. The study highlights how the child's interview with the officer appears to include gender-specific judgements. Thus far, few critical studies, underscoring interview techniques, feature power relations and ideologies in the discourse. This study identifies police negotiation with female assault complainants as discursive Yentling. Inspired by the term Yentl syndrome, where female health is (...) often underappreciated because it is judged from male prerogatives, the present study proposes that discursive Yentling emerges from victim blaming, perpetrator mitigation, and the sexualization of rape. Drawing attention to transcripts of an RCMP interview with a child complainant, this study asks (1) what power relations and ideologies manifest in the dialogue between the officer and the complainant? (2) Do the findings give evidence for discursive Yentling? Transitivity analysis and a discourse historical approach reveal ideological predispositions towards the complainant during the interview. The implications for this study hopefully provoke more considered police interview techniques for potential victims of sexual assault and inculcate a culture of feminist understanding in Canadian public services. (shrink)

This article attempts to think through the logic and distinctiveness of the early Royal Society's position as a metropolitan knowledge community and chartered corporation, and the links between these aspects of its being. Among the knowledge communities of Restoration London it is one of the best known and most studied, but also one of the least typical and in many respects one of the least coherent. It was also quite unlike the chartered corporations of the City of London, exercising (...) almost none of their ordinary functions and being granted very limited power and few responsibilities. I explore the society's imaginative and material engagements with longer-established corporate bodies, institutions and knowledge communities, and show how those encounters repeatedly reshaped the early society's internal organization, outward conduct and self-understanding. Building on fundamental work by Michael Hunter, Adrian Johns, Lisa Jardine and Jim Bennett, and new archival evidence, I examine the importance of the city to the society's foundational rhetoric and the shifting orientation of its search for patronage, the development of its charter, and how it learned to interpret the limits and possibilities of its privileges through its encounters with other chartered bodies, emphasizing the contingent nature of its early development. (shrink)

This article uses Jeremy Bentham's notion of disambiguation, which links language to power and ‘sinister interest’, to analyse criticisms of the Royal Academy of Arts by Benthamites and Philosophic Radicals at the Select Committee on Arts and Manufactures of 1835/6. This practice of disambiguation aimed to produce a distinction between the Royal Academy of Arts and the publicly funded art school. I situate this activity within the linguistic turn taken by Bentham's ethics, and its relevance to a dilemma (...) of pedagogy in commercial society framed by Adam Smith. Smith's dilemma turns on the conflict between the requirement for a pedagogy that conforms to the principle of free trade, and an equally binding requirement for a virtue ethical model of pedagogy that offers a remedy for the corrupting effects of commerce on character. Adam Smith's support for private academies of art asserted a hierarchy of virtue ethics over utility, thus safeguarding autonomous ethical reasoning within capitalist forms of social life. Bentham's thought, in contrast, eschews the link between ethics and character, and places ethics itself within normative rules of language and cognition. (shrink)

This article argues that Machiavelli’s chapters on the Decemvirate ( D 1.35, 1.40-45) advance an internal critique of the juridical discourse of sovereignty. I first contextualize these chapters in relation to several of Machiavelli’s potential sources, including Livy’s Ab urbe condita, Dionysius of Halicarnassus’s Roman Antiquities, and the antiquarian writings of Andrea Fiocchi and Giulio Pomponio Leto. I then analyze Machiavelli’s claim that the decemvirs held “absolute authority” ( autorità assoluta)—an authority that was unconstrained by either laws or countervailing magistrates. (...) I proceed to argue that Machiavelli’s account of the decemvirs’ election contains a web of allusions to the lex regia, the “royal law” by which the Roman people were thought to have conveyed their sovereign power to an emperor. By modeling the decemvirs’ election on the lex regia, Machiavelli reveals the political limitations of the doctrine of popular sovereignty; moreover, he illustrates that even free and fair elections can easily give rise to tyranny. (shrink)

Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the (...) constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed. (shrink)

This book examines the concepts of power, wealth and women in the important Mahayana Buddhist scripture known as the Gandavyuha-sutra, and relates these to the text’s social context in ancient Indian during the Buddhist Middle Period. Employing contemporary textual theory, worldview analysis and structural narrative theory, the author puts forward a new approach to the study of Mahayana Buddhist sources, the ‘systems approach’, by which literature is viewed as embedded in a social system. Consequently, he analyses the Gandavyuha in the (...) contexts of reality, society and the individual, and applies these notions to the key themes of power, wealth and women. The study reveals that the spiritual hierarchy represented within the Gandavyuha replicates the political hierarchies in India during Buddhism’s Middle Period, that the role of wealth mirrors its significance as a sign of spiritual status in Indian Buddhist society, and that the substantial number of female spiritual guides in the narrative reflects the importance of royal women patrons of Indian Buddhism at the time. This book will appeal to higher-level undergraduates, postgraduates and scholars of religious studies, Buddhist studies, Asian studies, South Asian studies and Indology. (shrink)

SummaryMarc'antonio de Dominis is well known to historians as a figure in the political and religious culture of early modern Britain and Europe. This article contends that he was also a major theorist of civil power: his critique of Catholic scholastic political thought is compelling and his account of divine right kingship sheds light on conceptual problems that troubled a range of early modern thinkers. De Dominis dismantled the scholastic theory of political power on its own terms, insisting that Almain, (...) Bellarmine, Suárez and others could not distinguish, as they sought to, between the potestas politica in general and the rule of particular princes. By this insight de Dominis could vindicate royal authority against the deposing pretensions of the Pope, the main objective of James I's supporters during the Allegiance Controversy, but his own positive account of how to think about power ran into theoretical trouble which he evidently perceived himself. If the potestas politica cannot be abstracted from a specific regime, and if the prince's absolute sovereignty depends on this fact, can politics be understood only at the level of the particular and contingent? The article closes by setting Thomas Hobbes—well versed in Jacobean polemic—in the context of this question. (shrink)

This article argues that despite individual Fellows’ interest in artistic practices, and similarities between a philosophical and a connoisseurial appreciation of art, the Royal Society as an institution may have been wary of image-making as a way of conveying knowledge because of the power of images to stir the passions and sway the intellect. Using Robert Hooke as a case study it explores some of the connections between philosophers and makers in Restoration London. It goes on to suggest that (...) some epistemic images were in fact designed to elicit an emotional response in their viewers in order to force them to re-evaluate the subject-matter by presenting it in a new and surprising way. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Absolute and Ordained Power of God in Sixteenth- and Seventeenth-Century TheologyFrancis Oakley[W]e must cautiously abandon [that more specious opinion of the Platonist and Stoick]... in this, that it... blasphemously invades the cardinal Prerogative of Divinity, Omnipotence, by denying him a reserved power, of infringing, or altering any one of those Laws which [He] Himself ordained, and enacted, and chaining up his armes in the adamantine fetters of (...) Destiny.Walter Charleton, The Darknes of Atheism Dispelled by the Light of Nature : A Physico-Theologicall Treatise (London, 1652)Of the various attributes characteristically ascribed to God in the Christian tradition—goodness, wisdom, omniscience, omnipotence, and the like—it is omnipotence which of recent years has most persistently been the object of focused attention among philosophers and historians alike. That that should be the case with philosophers working in the Anglo-American analytic tradition is not altogether surprising. While it is doubtless a development few would have predicted half a century ago, the years since then have seen something of a recrudescence of interest in a legislative or divine-command ethic. 1 Had that [End Page 437] not itself conspired to make omnipotence an obvious focus of philosophic attention, the deepening contemporaneous preoccupation with modal logic or the logic of possibility would surely have succeeded in so doing. Understood classically as affirming of God the ability to do all things and connoting a virtual capacity for action (as opposed to a power exercised in actuality), omnipotence has proven to be something of a troublesome notion, inviting unrestrained speculation about hypothetical divine action and generating a veritable cat’s cradle of philosophical conundrums concerning the relationship of God’s power to his will, wisdom, goodness, and justice.Medieval theologians and philosophers alike were forced to grapple with these taxing problems, 2 and philosophers of our own era have found them no less directly pertinent to their own logical and ethical concerns. 3 In 1955 Mackie inaugurated what was destined to become an ongoing discussion of omnipotence in the philosophical journals, 4 and such philosophers as Kenny and Keane, Cowan and Wolfe, Dummett, Plantinga, Swinburne, and Geach have been drawn into the fray. Since then, as a result, the pages of Mind, Philosophy, Philosophical Review, and even The Listener have been punctuated by their efforts to grapple with those venerable questions concerning the divine power that had exercised St. Peter Damiani in the mid-eleventh century, brought Abelard to grief a half-century later, and subsequently led Peter Lombard to devote to them a crucial and influential section of his Sentences—whether God of his omnipotence could undo the past, whether he could have made things other than he had, or created a world better than he did, and so on. 5 [End Page 438]While no medievalist can be expected to be anything but gratified by this unexpected testimony to the enduring significance and power of medieval scholastic concerns, those of us interested especially in the intellectual developments of the later-medieval centuries have particular reason to be energized by it. The years since Mackie launched this contemporary philosophical debate have also seen an intensification of interest on the part of historians in the ways in which, during these particular centuries, medieval thinkers themselves came to terms with the implications of the divine omnipotence and dealt with the theological and philosophical puzzles characteristically generated by that notion. Unlike the philosophers, whose concerns have been somewhat more broad-ranging, the historians have focused in particular on a quintessentially scholastic distinction that was developed, it has been said, “as a ‘yes and no’ answer to the question whether God is able to do or arrange things other than he did in creating the orders of nature and grace.” 6 The distinction in question is that between God’s power understood as absolute and as ordained (potentia dei absoluta et ordinata), which the theologians and philosophers of the period deployed as part of their great effort of accommodation between Greek philosophical and biblical notions of the divine, and the historical significance of which the scholarship of the past forty years has served increasingly to vindicate. 7 But while that distinction has been... (shrink)

The first task of the Royal Commission, in my view, is to decide what functions the House of Lords should perform. That will determine what powers it ought to have and how it should be constituted.

It is often thought that as human agents we have a power to determine our actions for ourselves. And a natural conception of this power is as freedom – a power over alternatives so that we can determine for ourselves which of a variety of possible actions we perform. But what is the real content of this conception of freedom, and need self-determination take this particular form? I examine the possible forms self-determination might take, and the various ways freedom as (...) a power over alternatives might be constituted. I argue that though ordinary ethical thought, and especially moral blame, may be committed to our possession of some capacity for self-determination, the precise nature of this power is probably ethically underdetermined – though conceptions of the nature of the power that come from outside ethics may then have important implications for ethics. (shrink)

The usual context for raising the issue of ‘agent-causation’ is that of human action. Cf. the excellent recent book by Fred Vollmer. And a long list of articles. The motivation for mounting a defence of the propriety of agent causation might be to restore moral concepts to a place in human life, via responsibility of actors for their actions, threatened by event causality explanation formats.

The essays in this volume constitute a series of investigations into the limitations on thought and power as conceived by thinkers in the medieval West and they draw on material ranging from law to literature. The author deals with limits on the human desire for knowledge, the passion with which knowledge could legitimately be pursued, and the propriety of the knowledge sought, as well as the limits that might be tolerable and tolerated in the case of royal incapacity or (...) misbehaviour. One particular focus is the work of Dante Alighieri, and these ideas are traced across a wide range of his thought. Chronologically the essays run from Augustine and the Gnostics through to Shakespeare. (shrink)

Sprat situated his analysis of the Royal Society within an emerging Anglican Royalist narrative of the longue durée of post-Reformation England. A closer examination of Sprat's own religious views reveals that his principal interest in the History of the Royal Society, as in the closely related reply to Samuel de Sorbière, the Observations, was to appropriate the advantages and benefits of the Royal Society as support for a re-established, anti-Calvinist Church of England. Sprat connected the two through (...) a reformulation of the powerful conventions of ‘Reformation’ and ‘Israel’, both of which still resonated strongly in the religious politics of the 1660s. Applying his voluntarist theology, Sprat changed especially the representation of the chosen nation from a tale of divine castigation and punishment to a rational and probabilistic covenant based on material success as the indicator of God's pleasure. Sprat proposed that the knowledge and application of nature, through the experimental labours of the Royal Society, could build an increasingly wealthy nation and so a permanent home for the reconfigured Israel. Attaching this to a renewed monarchical and Anglican state also meant security for the traditional forms of rule. (shrink)

This paper introduces a new reading of the “Shi fu”, a chapter in the Yi Zhou shu that is commonly read as an early record of the conquest of China’s first historically attested dynasty of Shang by King Wu of Zhou in the middle of the eleventh century BCE. I argue that this conventional reading does not give justice to the structural complexities of the “Shi fu” and disregards the fact that certain compositional units of the text are unrelated to (...) the conquest event. I propose to analyze the “Shi fu” against a better studied corpus of the Near Eastern royal inscriptions where there are surprisingly similar examples of compositionally heterogeneous texts that constitute a textual celebration of successful universal kingship based on military valor. Notably, such a notion of universal kingship is largely alien to the later Chinese tradition where an emphasis is put on the kings’ reign by virtue. While there are no reasons to consider seriously the possibility of the “Shi fu” being immediately influenced by the Near Eastern inscriptions, this parallel can be explained by the structural similarity of the societies that produced them, in particular, the similarity of how royal power was understood, legitimized, and celebrated. (shrink)

ABSTRACT The political works of Adam Blackwood offer a powerful defence of absolute monarchy, and one which explicitly sets political power within a religious framework. Critiquing the resistance theories of his contemporaries, Blackwood was sceptical about the political value of natural law and of any appeal to popular sovereignty, at least in contemporary Europe. Blackwood was deeply troubled by the way Christianity was being used to justify resistance, often in Protestant texts that aligned Christianity and natural law, and he insisted (...) that true Christianity taught obedience. Though he has often been likened to his contemporary Jean Bodin, a closer examination of Blackwood’s writing reveals significant differences, especially on the linked issues of natural law, the value of historical argument, and religion. For Blackwood, sovereign power in general had to be underpinned by religion, the one constant in a world of diverse and mutable social practices, and its particular, local manifestation had to be understood historically, as the product of conquest and force. Aware of the potential tensions between Catholic Christianity and monarchical authority, Blackwood also developed a distinctive piety in an attempt to bolster the alliance he advocated between religious and political authority. (shrink)

I argue here that first person speech on sexual violence remains an important dimension of the movement for social change in regard to sexual violence, and that the public speech of survivors faces at least three groups of obstacles: 1) the problem of epistemic injustice, that is, injustice in the sphere of knowledge 2) the problem of language and power, and 3) the problem of dominant discourses. I explain and develop these points and end with a final argument concerning the (...) critical importance of speaking publicly on these areas of human experience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Popular Autonomy and Imperial Power in Bartolus of Saxoferrato:An Intrinsic ConnectionFloriano Jonas CesarI. IntroductionBartolus of Saxoferrato is well known because of his ideas on the autonomy of the populus or civitas.1 He asserts that the populus can claim autonomous jurisdiction as a result not only of imperial concession but also of prescription, custom, or even eventual use on the ground of a de facto situation. Thus, the populus needs (...) no authorization from a superior, not even the emperor, to make its own laws. The idea of an autonomous populus did not originate with Bartolus, however. Marsilius of Padua had already worked out a quite developed theory about the authority of the whole body of the citizens to legislate.2 As opposed to the Aristotelian Marsilius, however, Bartolus bases his opinion about the populus essentially on the Corpus Iuris,3 though he knew at least the Politics and the Ethics too.4 What is important is not whether his knowledge of Aristotle [End Page 369] was immediate or through Giles of Rome's De Regimine Principum but that he proves his ideas basically by showing that they agree with certain authoritative texts and that he considers the Corpus Iuris, not Aristotle, as the proper authority to support his opinion on the populus.Such an emphasis on the autonomy of the civitas must not conceal the fact that, unlike Marsilius, Bartolus introduces the pope and the emperor alongside the populus as having jurisdiction of their own. Nor must the omnipresence of the Corpus Iuris hide the significance of the Bible in relation to the issue of the empire. Indeed he turns to the Scriptures not to substantiate the autonomy of the populus but to establish the divine origin of the royal (and papal) jurisdiction in general. Moreover, he uses them along with a particular interpretation of the popular origin of the empire to present the imperial jurisdiction as not subordinate to the populus.The concept of an autonomous civitas based in human premises, therefore, coexists in Bartolus with a notion of imperial power established by God, the former being inseparable from the latter, by virtue of his use of authorities. In fact Bartolus turns to the Corpus Iuris and the Scriptures not simply to illustrate but to substantiate his point of view. The authority of the Corpus Iuris, however, which supports his views on the populus, comes from the fact that emperor Justinian was its autor. But the Corpus Iuris is by the same token less authoritative than the Scriptures, whose author is God and which support the divine origin of the imperial power. Thus, working out a theory grounded on the authority of the Corpus Iuris, Bartolus also favors the base on which the imperial power was founded.The texts of interest here are the De Regimine Civitatis, De Guelphis et Gebellinis, and De Tyranno, where Bartolus more systematically presents his political ideas. In the De Regimine Civitatis he is concerned about "how many ways there are of governing a city,""which is the better way" and "which is the worst."5 The De Guelphis et Gebellinis treats both old and "recent" meanings of these nouns, whether these factions are licit, and the criteria to prove to which one belongs. At last the De Tyranno explains the origin of the word and the characteristics of the tyrant. Having discussed if there can be tyrant in a neighbourhood, household, and city, Bartolus divides the tyrants in the civitas into manifest, concealed, and tacit, and discusses whether their acts are valid. In tackling all of these issues, he turns to different sorts of proof—several authorities, including the Corpus Iuris, Scriptures, Aristotle, Giles of Rome, Gregory I, and Aquinas, as well as the jurisdictions of the populus, pope, and emperor. [End Page 370] This essay shall refer mainly to these treatises, while picking up, from other works, any additional instructive elements.Although Bartolus is particularly concerned about the de facto autonomous Italian cities in his time, his defense of their autonomy lies in arguments, and he has clear rules which define a valid form of argumentation. He generally considers that to prove a point means to show that... (shrink)

Intertwined with the celebration of Athenian democratic institutions, we find in the "Oresteia" another chain of interactions, in which the elite families of Argos, Phokis, Athens, and even Mount Olympos employ the traditional aristocratic relationships of xenia and hetaireia to renegotiate their own status within-and at the pinnacle of-the civic order, and thereby guarantee the renewed prosperity of their respective communities. The capture of Troy is the result of a joint venture by the Atreidai and the Olympian "family" . Although (...) Agamemnon falls victim to his own mishandling of aristocratic privilege, his son is raised by doryxenoi in Phokis , a relationship which is mirrored by that with the Olympian "allies," Hermes and Apollo. Orestes' recovery of his father's position is thus shown to depend upon a network of "guest-friends" and "sworn-comrades," reinforced by the traditional language of oaths and reciprocal loyalty. In the Eumenides, the alliance between the Olympian and Argive royal families is re-invoked as the basis both for Athena's protection of Orestes, and finally for Zeus' concern for his daughter's Athenian dependents. In contrast to this successful "networking," and the resultant benefits that trickle down to the citizens of Argos and Athens, stand the seditious oaths and perverted "comradeship" of Aigisthos and Klytaimestra; likewise, the Erinyes are unable to draw on equivalent claims of pedigree or xenia to those enjoyed by Orestes and Apollo. Like all Greek tragedies, the "Oresteia" presents the action through constantly shifting viewpoints, those of aristocrats and commoners, leaders and led, while the propriety of this hierarchy itself is never questioned. And although the action moves from monarchical Argos to an incipiently democratic Athens, paradoxically we hear less and less about "ordinary," lower-class citizens as the trilogy progresses. Thus, at the same time that the trilogy reinforces the sense of collective survival and civic values , it also suggests that these can be maintained only through the proper interventions of their traditional leaders. Aeschylus' plays were composed during a time when the Athenian democracy was still developing, and elite leadership and patronage were still taken for granted. Attic tragedy and the City Dionysia may be seen as a site of negotiation between rival ideologies within the polis, wherein a kind of "solidarity without consensus" is achieved. Written and staged by the elite under license from the demos, the dramas play out dangerous stories of royal risk-taking, crime, glory, and suffering, in such a way as to reassure the citizen audience simultaneously of their own collective invulnerability, and of the unique value of their leading families. (shrink)

Archimedes’ Sand-Reckoner presents a system for naming extraordinarily large numbers, larger than the number of grains of sand that would fill the cosmos. Curiously, Archimedes addresses the treatise not to another specialist but to King Gelon II of Syracuse. While the treatise has thus been seen as evidence for the dynamics of patronage, difficulties in both Archimedes’ treatment of Gelon and his discussion of astronomical models make it fit incongruously within contemporary court and scientific contexts. This article offers a new (...) reading of the Sand-Reckoner based on a reconsideration of the relationship between author and addressee: deferring assumptions about the historicity of that relationship, it analyzes Gelon’s role in the treatise with respect to both the stylistic features of Archimedes’ prose and a broader tradition of narratives about a variety of cultural actors who engage with kings, speaking not so much truth as wit to power. Such a reading resolves the social and scientific difficulties of the treatise, and develops the literary-experimental qualities of Hellenistic science. In turn, the article proposes a revised approach, sensitive to broader patterns of authorship, to understanding ancient scientific authors’ relationship to royal authority. It concludes, finally, that the royal patronage seemingly exemplified by the Sand-Reckoner had greater significance as a cultural trope than as a social institution. (shrink)