pt. 1. lecture 1. Issues and problems ; lecture 2. Mircea Eliade's Cosmos and history and cyclical time ; lecture 3. The early enlightenment and the search for the laws of history, Vico's New science of history ; lecture 4. The high enlightenment's cult of progress, Kant's idea for a universal history from a cosmopolitan point of view ; lecture 5. Hegel's philosophy of history ; lecture 6. Marx's historical materialism ; lecture (...) 7. Nietzche's critique of historical consciousness, On the advantages and disadvantages of history for life ; lecture 8. Weber's historical sociology -- pt. 2. lecture 9. Taking the long view, Arnold Toynbee and world historical speculation ; lecture 10. Twentieth-century neo-idealism, R.G. Collingwood's The idea of history ; lecture 11. The positivist conception of historical knowledge, Carl Hempel's The function of general laws in history ; lecture 12. Analytic musings, Arthur Danto's Narration and knowledge ; lecture 13. Social history, structuralism, and the long duree, Fernand Brandel's On history ; lecture 14. Post-structuralism and the linguistic turn, Hayden White's Introduction to metahistory ; lecture 15. Naturalism revisited, William McNeill's Plagues and peoples ; lecture 16. The heterogeneity of historical understanding. (shrink)

Among the classics of the history of philosophy, the Scienza nuova (New Science) by Giambattista Vico (1668-1744) was largely neglected and generally misunderstood during the author's lifetime. From the nineteenth century onwards Vico's views found a wider audience, and today his influence is widespread in the humanities and social sciences. The New Science is often taught in courses at colleges and universities, both in philosophy and Italian departments and in general humanities courses. Despite the excellent English translations (...) of this enigmatic book and numerous studies in English of Vico, many sections of the work remain challenging to the modern reader. Vico's New Science of the Intersubjective World offers both an in-depth analysis of all the important ideas of the book as well as an evaluation of their contribution to our present understanding of the social world. In the first chapter, Vittorio Hosle examines Vico's life, sources, and writings. The second and third chapters discuss the concerns and problems of the Scienza nuova. The fourth chapter traces the broader history of Vico's reception. Hosle facilitates the understanding of many passages in the work as well as the overarching structure of its claims, which are often dispersed over many sections. Hosle reformulates Vico's vision in such a way that it is not only of historical interest but may inspire ongoing debates about the nature of the humanities and social sciences as well as many other issues on which Vico sheds light, from the relation of poetry and poetics to the development of law. This book will prepare students and scholars for a precise study of the Scienza nuova, equipping them with the necessary categories and context and familiarizing them with the most important problems in the critical debate on Vico's philosophy. "Vico's New Science of the Intersubjective World delivers a comprehensive treatment of Vico, which is neither too detailed and technical nor too superficial. The book gives a clear picture of what Vico wanted to say, where he might have been wrong or become obsolete, and what his true achievements are for which he still deserves praise." --Peter Konig, University of Heidelberg. (shrink)

This paper examines the methodology used by Kepler to discover a quantitative law of refraction. The aim is to argue that this methodology follows a heuristic method based on the following two Pythagorean principles: (1) sameness is made known by sameness, and (2) harmony arises from establishing a limit to what is unlimited. We will analyse some of the author's proposed analogies to find the aforementioned law and argue that the investigation's heuristic pursues such principles.

Stephen Turner has explored the ongms of social science in this pioneering study of two nineteenth century themes: the search for laws of human social behavior, and the accumulation and analysis of the facts of such behavior through statistical inquiry. The disputes were vigorously argued; they were over questions of method, criteria of explanation, interpretations of probability, understandings of causation as such and of historical causation in particular, and time and again over the ways of using a (...) natural science model. From his careful elucidation of John Stuart Mill's proposals for the methodology of the social sciences on to his original analysis of the methodological claims and practices of Emile Durkheim and Max Weber, Turner has beautifully traced the conflict between statistical sociology and a science offactual description on the one side, and causal laws and a science of nomological explanation on the other. We see the works of Comte and Quetelet, the critical observations of Herschel, Buckle, Venn and Whewell, and the tough scepticism of Pearson, all of these as essential to the works of the classical founders of sociology. With Durkheim's essay on Suicide and Weber's monograph on The Protestant Ethic, Turner provides both philosophical analysis to demonstrate the continuing puzzles over cause and probability and also a perceptive and wry account of just how the puzzles of our late twentieth century are of a piece with theirs. The terms are still familiar: reasons vs. (shrink)

The article situates Vico's hermeneutical science of history between a hermeneutics of suspicion and a redemptive hermeneutics. It discusses Vico's early writings and his ambivalent trajectory from Cartesian rationalism to counter-enlightenment historicist and critic of natural law reasoning. The complexity of Vico's thinking belies some of the popular treatments of his thought developed by Isaiah Berlin and others.

Epistemology of science is currently polarized. Descriptive accounts of the social aspects of science coexist uneasily with normative accounts of scientific knowledge. This tension leads students of science to privilege one of these important aspects over the other. I use an episode of recent immunology research to develop an integrative account of scientific inquiry that resolves the tension between sociality and epistemic success. The search for the hematopoietic stem cell by members of Irving Weissman’s laboratory at (...) Stanford University Medical Center exhibits both the goal-oriented character of contemporary immunology and the importance of social interactions in successful achievement of those goals. This episode includes three kinds of epistemic success: characterization of HSC, formation of new interdisciplinary interfaces, and reconciliation of apparently incompatible models. All three depend on coordinating the work of diverse participants via social interactions. Together, they reveal the crucial role of social interactions within and between research groups in producing epistemic success. These features of the search for the HSC generalize to immunology as a whole, and plausibly to other disciplines. This account thus resolves the polarizing tension in epistemology of science, and complements individualistic accounts of scientific knowledge and rationality. (shrink)

"Thirty-five years ago few could have predicted that The New Science of Politics would be a best-seller by political theory standards. Compressed within the Draconian economy of the six Walgreen lectures is a complete theory of man, society, and history, presented at the most profound and intellectual level. . . . Voegelin's [work] stands out in bold relief from much of what has passed under the name of political science in recent decades. . . . The New (...) Science is aptly titled, for Voegelin makes clear at the outset that a 'return to the specific content' of premodern political theory is out of the question. . . . The subtitle of the book, An Introduction, clearly indicates that The New Science of Politics is an invitation to join the search for the recovery of our full humanity."--From the new Foreword by Dante Germino "This book must be considered one of the most enlightening essays on the character of European politics that has appeared in half a century. . . . This is a book powerful and vivid enough to make agreement or disagreement with even its main thesis relatively unimportant."-- Times Literary Supplement "Voegelin . . . is one of the most distinguished interpreters to Americans of the non-liberal streams of European thought. . . . He brings a remarkable breadth of knowledge, and a historical imagination that ranges frequently into brilliant insights and generalizations."--Francis G. Wilson, American Political Science Review "This book is beautifully constructed . . . his erudition constantly brings a startling illumination."--Martin Wright, International Affairs "A ledestar to thinking men who seek a restoration of political science on the classic and Christian basis . . . a significant accomplishment in the retheorization of our age."--Anthony Harrigan, Christian Century. (shrink)

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal Law. This reading shows this (...) derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project that appears (...) to depart significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 371-397 [Access article in PDF] How the "New Science" of Cannons Shook up the Aristotelian Cosmos Mary J. Henninger-Voss [Figures]Approximately halfway through the "Second Day" of Galileo's Dialogue Concerning the Two Chief World Systems Galileo's mouthpiece, the mathematician Salviati, scoffs at his Aristotelian colleague Simplicio: "I see that you have hitherto been of that herd who, in order to (...) learn how matters such as this [motion] take place, and in order to acquire a knowledge of natural effects, do not betake themselves to ships or crossbows or cannons, but retire to their studies... to see whether Aristotle has said anything about them."1 Silly, simple Simplicio! He has been searching for natural philosophical wisdom in the books of natural philosophers rather than in the world of docks and arsenals. Indeed this quotation appears near the outset of Day Two wherein Salviati offers cannonshot as proof for the opposing Aristotelian position that the experience of projectiles proves the motionless state of the earth. Obviously, if the earth rotates toward the east, cannonballs shot point-blank to the west ought to travel much further than to the east. And clearly this is not so. Simplicio agrees that the new arguments offered by the cannon are excellent, "and now I see with how many elegant experiments nature graciously wishes to aid us in coming to the recognition of the truth," Simplicio enthusiastically enjoins. "What a shame there were no cannons in Aristotle's time!" exclaims the third interlocutor, Sagredo. "With them he would indeed have battered down ignorance, and spoken without [End Page 371] [Begin Page 373] the least hesitation concerning the universe."2 The irony here is not only that Aristotle might have used cannons in order to explain the workings of the universe but also that Galileo does so in the following pages. His demonstrations with reference to artillery demolish the Aristotelian position, but he has had Simplicio open the door for him by recognizing this most violent of artifices as an elegant experiment provided by nature.3The cannon provides a primary referent for Galileo's new mathematical physics of motion from his very first dialogue to his very last. The early De Motu culminated in a series of questions about the shot of cannons, while the conversation in his final masterwork, Discourses Concerning Two New Sciences, was set in the Venetian arsenal, and to it Galileo appended a table of the parabolic paths that could be expected from cannons shot at various elevations.4 In some sense Galileo turned inside-out a much older problem, one that had haunted military engineers of sixteenth-century Italy—and Galileo had been trained, and trained others, in military engineering.5 State organizers of war and captain generals were less interested in the implications the arts of fortifications and artillery held for the existing science of natural motion than in the necessity to reduce to a science, that is, a coherent body of knowledge, the rules for manufacturing cannons, planting artillery battery, aiming guns, and fortifying camps, cities, and castles.What Galileo gives us is recognizable as early physics, as a sophisticated mechanical science, a neat triumph of mathematical method in natural philosophy. But the ways and means by which mathematics came together with natural philosophy to address problems of both technology and nature are by no means neat. My claim is that attention to the military sphere will help us sort out some of those ways and means. The curious thing about the historiography on the relationship between early modern science and warfare is that the fact of a connection seems to have been taken for granted, while the implications have seldom been investigated.6 This essay is an attempt to trace those implications by [End Page 373] looking at a mathematician who specifically tried to reduce to a mathematical science the military arts, Niccolò Tartaglia.7 Tartaglia's story shows how the minutia of Aristotelian philosophy was transmuted in early attempts to understand cannonshot... (shrink)

If the discovery of life elsewhere in the universe is just around the corner, what would be the consequences for religion? Would it represent another major conflict between science and religion, even leading to the death of faith? Some would suggest that the discovery of any suggestion of extraterrestrial life would have a greater impact than even the Copernican and Darwinian revolutions. It is now over 50 years since the first modern scientific papers were published on the search (...) for extraterrestrial intelligence. Yet the religious implications of this search and possible discovery have never been systematically addressed in the scientific or theological arena. SETI is now entering its most important era of scientific development. New observation techniques are leading to the discovery of extra-solar planets daily, and the Kepler mission has already collected over 1000 planetary candidates. This deluge of data is transforming the scientific and popular view of the existence of extraterrestrial intelligence. Earth-like planets outside of our solar system can now be identified and searched for signs of life. Now is a crucial time to assess the scientific and theological questions behind this search. This book sets out the scientific arguments undergirding SETI, with particular attention to the uncertainties in arguments and the strength of the data already assembled. It assesses not only the discovery of planets but other areas such as the Fermi paradox, the origin and evolution of intelligent life, and current SETI strategies. In all of this it reflects on how these questions are shaped by history and pop culture and their relationship with religion, especially Christian theology. It is argued that theologians need to take seriously SETI and to examine some central doctrines such as creation, incarnation, revelation, and salvation in the light of the possibility of extraterrestrial life. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name (...) for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Giambattista Vico is best remembered for his major work, the New Science, in which he sets forth the principles of humanity and gives an account of the stages common to the development of all societies in their historical life. Controversial at the time of its publication in 1725, the New Science has come to be seen as the most ambitious attempt before Comte at a comprehensive science of human society and the most profound analysis of the philosophy (...) of history prior to Hegel. Despite the fundamental importance of the New Science, there has been no philosophical commentary of the text in any language, until now. Written by the noted Vico scholar Donald Phillip Verene, this commentary can be read as an introduction to Vico’s thought or it can be employed as a guide to the comprehension of specific sections of the New Science. Following the structure of the text scrupulously, Verene offers a clear and direct discussion of the contents of each division of the New Science with close attention to the sources of Vico’s thought in Greek philosophy and in Roman jurisprudence. He also highlights the grounding of the New Science in Vico’s other works and the opposition of Vico’s views to those of the seventeenth-century natural-law theorists. The addition of an extensive glossary of Vico’s Italian terminology makes this an ideal companion to Vico’s masterpiece, ideal for both beginners and specialists. (shrink)

When is it justified to refer to someone as evil? How, if at all, is this different from saying that this person is deeply immoral or simply very bad? Moreover, does identifying a person as evil have practical implications for the criminal law and the institution of punishment more generally? These are central questions that Barry seeks to answer in Evil and Moral Psychology. His wide-ranging analysis attempts to identify and reliably predict who is, and who will become, evil by (...) clearly understanding what is involved in making such claims. If it is possible to identify evil persons, the hope is that we can begin to design ways to rehabilitate and reform them by improving their characters and/or counteracting their deleterious tendencies. A philosophical treatise on evil personhood ought to de-politicise and de-mythologize what is a highly controversial notion, often dismissed out of hand or frequently misused and abused.It is important to state that this is an excellent book, and to re .. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

This paper is an extended discussion of Robert Ulanowicz’s critique of mechanistic and reductionistic metaphysics of science. He proposes “process ecology” as an alternative. In this paper I discuss four sets of question coming out of Ulanowicz’s proposal. First, I argue that universality remains one of the hallmarks of the scientific enterprise even with his new process metaphysics. I then discuss the Second Law of Thermodynamics in the interpretation of the history of the universe. I question Ulanowicz’s use (...) of the terms “random” and “chance” in his definition of process. Finally, I discuss what difference a relational and process metaphysics might make in addressing the political and practical problems in the twenty-first century. (shrink)

Machine generated contents note: Part 1 - The Constituent Disciplines of Cognitive Science -- Philosophical Epistemology -- Glossary -- 1.0 What is Philosophical Epistemology? -- 1.1 The reduced history of Philosophy Part I - The Classical Age -- 1.2 Mind and World - The problem of objectivity -- 1.3 The reduced history of Philosophy Part II - The twentieth century -- 1.4 The philosophy of Cognitive Science -- 1.5 Mind in Philosophy: summary -- 1.6 The Nolanian (...) Framework (so far) -- Psychology -- 2.0 Why is Psychology so difficult? -- 2.1 A brief history of Experimental Psychology -- 2.2 Methodologies in Psychology -- 2.3 Perception -- 2.4 Memory -- 2.5 Mind in Psychology -- Linguistics -- 3.0 Introduction -- 3.1 Why Linguistics? -- 3.2 Computation and Linguistics -- 3.3 The main grammatical theories -- 3.4 Language development and linguistics -- 3.5 Toward a definition of context -- 3.6 The multifarious uses of Language -- 3.7 Linguistics and Computational Linguistics -- 3.8 Language and other symbol systems -- 3.9 On the notion of context -- 3.10 Mind in Linguistics: summary -- Neuroscience -- 4.0 The constituent disciplines of Neuroscience -- 4.1 The methodology of Neuroscience -- 4.2 Gross Neuroanatomy -- 4.3 Some relevant findings -- 4.4 Connectionism (PDP) -- 4.5 The victory of Neuroscience? -- 4.6 Mind in Neuroscience: summary -- Artificial Intelligence -- 5.0 Introduction -- 5.1 Al and Cognitive Science -- 5.2 Skeptics and their techniques -- 5.3 Al as Computer Science -- 5.4 Al as software -- 5.5 The current methodological debate -- 5.6 Context, syntax and semantics -- 5.7 Mind in Al -- 5.8 Texts on Al -- Etholoqy and Ethnoscience -- 6.1 Etology -- 6.2 Ethnoscience -- 6.3 Mind in Ethology arid Ethnoscience -- Part II - A New Foundation for Cognitive Science -- - Symbol Systems -- 7.1 Characteristics of symbol systems -- 7.2 Context and the layers of symbol systems -- 7.3 Mind and symbol systems -- Consciousness and Selfhood -- 8.0 Introduction -- 8.1 Cognitive views -- 8.2 What is at stake? -- 8.3 Consciousness as treated in Philosophy -- 8.4 The Development of Selfhood -- 8.5 The minimal requirements for this theory -- 8.6 Self as a filter -- 8.7 Self and motivation -- 8.8 Conclusions -- 8.9 Recent developments -- Cognitive Science and the Search for Mind -- 9.1 Introduction -- 9.2 Review -- 9.3 A Theory of Mind anyone? -- 9.4 Foundational considerations -- 9.5 Coda: the Nolanian Framework. (shrink)

An investigation of some of the most contentious debates of our time, Galileo's Middle Finger describes Alice Dreger's experiences on the front lines of scientific controversy, where for two decades she has worked as an advocate for victims of unethical research while also defending the right of scientists to pursue challenging research into human identities. Dreger's own attempts to reconcile academic freedom with the pursuit of justice grew out of her research into the treatment of people born intersex (formerly called (...) hermaphrodites). The shocking history of surgical mutilation and ethical abuses conducted in the name of "normalizing" intersex children moved her to become a patient rights' activist. By bringing evidence to physicians and the public, she helped change the medical system. But even as she worked to correct these injustices, Dreger began to witness how some fellow liberal activists, motivated by identity politics, were employing lies and personal attacks to silence scientists whose data revealed inconvenient truths. Troubled, she traveled around the country digging up sources and interviewing the targets of these politically motivated campaigns. Among the subjects she covers in the book are the anthropologist Napoleon Chagnon, falsely accused in a bestselling book of committing genocide against a South American tribe; the psychologist Michael Bailey, accused of abusing transgender women; and the evolutionary biologist E. O. Wilson, accused of fomenting rightwing ideas about human nature. Galileo's Middle Finger describes Dreger's long and harrowing journey back and forth between the two camps for which she felt equal empathy: social justice warriors and researchers determined to put truth before politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Role of Malebranche in Ernest Renan's Philosophical Development BENJAMIN ROUNTREE RENANHASBEENCALLEDwith some justification the "Malebranche du dix-neuvi~me si~cle." 1 In his praise of the seventeenth-century philosopher, Renan was unconciously inclined to call attention to the similarities between himself and Malebranche by pointing out qualities which they were apt to share. A thinker as sinuous as Renan was bound to appreciate the power of subtle reasoning in such a (...) work as the admirable Recherche de la V~rit6. In a certain sense Renan is even the heir of a spirit to which Malebranche gave fresh impetus. Like Malebranche, he inveighed against pedants, dilettantes, and idolators of antiquity; he turned his back on tradition to favor modem thought over ancient, and placed his faith in a world governed by knowledge and reason in which progress and human perfectibility promise man happiness. In his basic optimism, in his belief that man is capable of knowing truth, in his somewhat pantheistic mysticism, Renan joins hands with Malebranche across the eighteenth century. How well did Renan know Malebranche? What did he think of him? Did his opinion of him undergo any evolution? To find the answers to these questions one must go back to about 1840, when Renan, a.t seventeen, began his study of Malebranche. By the time he was twenty, Renan, under the guidance of M. Gosselin, who little suspected how great a contribution Malebranche would make to Renan's decision to leave the Church, was reading the philosopher with enthusiastic regularity. Indeed, the Oratorian had become "l'objet perp6tuel" of his reflections, he tells us. The speculative terminology of the Entretiens sur la M6taphysique and the M6ditations chrgtiennes echoed through his class compositions and notebooks. His ideas on the general action of Providence in the universe were already similar to those of this philosopher, who, "illustre" and "saint," soon became for him a kind of spiritual hero, a hero whose exemplary intellectual zeal drew Renan instinctively ever more deeply into the contemplative life, into.the fervent and determined quest for "Truth." This "penseur hardi" was destined to excite Renan's own paradoxical mind as "le plus beau r~veur et le plus terrible logicien" ever to exist.~ 1L. L~vy-Bruhl, "La Religion de Renan," Journal de psychologie normale et pathologique (A~pril,1923), p. 344. Ernest Renan, Souvenirs d'en]ance et de ieunesse, in Les Oeuvres completes d'Ernest Renan (Paris: Calmann=L~vy, 1947), II, 843-846. All future references to Renan will be made from this edition unless otherwise specified. See also Lewis F. Mott, Ernest Renan (New York: D. Appleton, 1921), pp. 15-16; Jean Pommier, Renan (Paris: Perrin, 1923), p. 37; La Jeunesse clSricale d'Ernest Renan (Paris: Les Belles Lettres, 1933), p. 138; "Les Lectures de Renan au sSminaire,"La Revue d'histoire litt6raire de la France (1934), p. 93. [47] 48 HISTORY OF PHILOSOPHY For a moment Malebranche, like Pascal, even helped delay Renan's loss of faith. The attempt of a Christian to satisfy the intelligence through vigorous application of Cartesian rationalism to theology and science fascinated the young student in 1843 as he read the Conversations chr~tiennes and the Recherche de la Vdritd. He eagerly believed that reason leads one to knowledge of God, that the search for Truth is the search for God. Thus, equating the Diety to Truth and retaining his belief in a providence evident in immutable natural law, Renan continued to accept the Catholic dogma, the Bible and revealed truth in a "general sense," as he says in his Souvenirs. After Renan's first soul-shattering year of philosophy Malebranche still stood alongside Pascal and Bossuet as a model of piety, as a "grand esprit," a profound intelligence capable of remaining genuinely Christian, a powerful thinker "qui dit sa messe route sa vie." a He appeared as one solution to Renan's own growing spiritual problem, for Malebranche's example seemed a way of retaining intellectual independence without leaving the Church. Here was a priest, Renan thought, who, in a time of steadily increasing ecclesiastical authority, had been able to live "peacefully" even as a member of a religious congregation without... (shrink)

At Home in the Universe presents and extends the intellectual core ofKauffman's earlier book The Origins of Order (OUP 1993) for any intelligentgeneral reader can understand and appreciate. The reader is very effectivelyinvited into Kauffman's vision and thought processes, in one of the moreexhilarating and important books of popular science.

A new history of liberalism which argues that liberalism has been predicated on definite morality and should be viewed as an attempt to encompass both fear and hope. Liberalism, argues Alan Kahan, is the search for a society in which people need not be afraid. Freedom from fear is the most basic freedom. If we are afraid, we are not free. These insights, found in Montesquieu and Judith Shklar, are the foundation of liberalism. What liberals fear has changed (...) over time (revolution, reaction, totalitarianism, religious fanaticism, poverty, and now populism) but the great majority of liberal thinkers have relied on three pillars to ward off their fears and to limit the concentrated power that causes fear: freedom, markets, and morals, or, to put it another way, politics, economics, and religion or morality. Most liberal thinkers emphasize one or two pillars more than another, but it is typical of liberalism down to the Second World War to rely on all three, although there were always minority voices who preferred to stand on only one leg. After WWII, "thin" procedural/market liberals, who wanted to strip any moral or religious basis or purpose from liberalism, dominated "thick" liberal moralists, who thought liberalism needed a moral basis and/or goal. It is the political contention of this book that liberalism is most convincing as program, language, and social analysis when it relies on all three pillars, and that the relative weakness of liberalism at the end of the twentieth century had much to do with neglect of the moral pillar of liberalism. Its historical contention is that for much of the past two centuries it did rely on all three pillars. But Kahan also argues that liberalism is not only a party of fear. It is also a party of hope, or the party of progress. Many of the contradictions typical of liberalism derive from the seemingly contradictory effort to encompass both hope and fear. If in case of conflict fear often trumps hope for liberals (loss aversion applies in politics as much as in economics), and utopia is subject to indefinite postponement, progress in personal autonomy and development has always been at the heart of liberalism. Liberals typically support their hopes on the same three pillars of freedom, markets, and morals which they use to ward off their fears. Nevertheless, in one respect those historians and political theorists who identify liberalism with laissez-faire economics are not wrong. It is characteristic of liberalism then that it bases its hopes not on the state but on civil society, which for liberals is the common source of a free politics, a free market, and of morals. Alan S. Kahan is Professor of History at the Université de Versailles. His previous books include Tocqueville, Democracy, and Religion: Checks and Balances for Democratic Souls (Oxford 2015), Alexis de Tocqueville (Continuum Books) and Mind vs Money: The War Between Intellectuals and Capitalism (Transaction Publishing, 2010). (shrink)

In _The Search for Meaning: A Short History, _Dennis Ford explores eight approaches human beings have pursued over time to invest life with meaning and to infuse order into a seemingly chaotic universe. These include myth, philosophy, science, postmodernism, pragmatism, archetypal psychology, metaphysics, and naturalism. In engaging, companionable prose, Ford boils down these systems to their bare essentials, showing the difference between viewing the world from a religious point of view and that of a naturalist, and comparing (...) a scientific worldview to a philosophical one. Ford investigates the contributions of the Greeks, Kant, and William James, and brings the discussion up to date with contemporary thinkers. He proffers the refreshing idea that in today's world, the answers provided by traditional religions to increasingly difficult questions have lost their currency for many and that the reductive or rationalist answers provided by science and postmodernism are themselves rife with unexamined assumptions. (shrink)

A central figure in Victorian science, William Whewell held professorships in Mineralogy and Moral Philosophy at Trinity College, Cambridge, before becoming Master of the college in 1841. His mathematical textbooks, such as A Treatise on Dynamics, were instrumental in bringing French analytical methods into British science. This three-volume history, first published in 1837, is one of Whewell's most famous works. Taking the 'acute, but fruitless, essays of Greek philosophy' as a starting point, it provides a history (...) of the physical sciences that culminates with the mechanics, astronomy, and chemistry of 'modern times'. Volume 2 focuses on the rise and development of modern mechanics in the seventeenth century. Whewell shows how Galileo's laws of motion exemplify a paradigmatic shift from 'formal' to 'physical' sciences - a new approach concerned with explaining causes rather than merely observing phenomena. It also discusses the implications for physical astronomy of Newton's discoveries. (shrink)

Photo by Hannah Busing on Unsplash INTRODUCTION Religion has long provided guidance that has led to standards reflected in some aspects of medical practices and traditions. The recent bioethical literature addresses numerous new problems posed by advancing medical technology and demonstrates an erosion of standards rooted in religion and long widely accepted as almost axiomatic. In the deep soul-searching that pervades the publications on bioethics, several disturbing and dangerous trends neglect some basic lessons of philosophy, logic, and history. The (...) bioethics discourse on medical aid in dying emphasizes similarity over previously recognized important distinguishing features. For example, it overplays a likeness between assistance in dying and the withdrawal of life-saving technology. In many bioethics’ topics, arguments based on a logical continuum are used to question the lines demarcating important moral differences. l. The Line Between Ethical and Not: Logic Based on Continuum Careful case selection, often either end of a continuum, allows the tearing down or ridiculing of many rules and codes across most professions and fields of interest. This situation holds true for traffic laws as well as medical ethics guidelines. It is relatively simple for those who desire to attack a particular viewpoint by selecting a case that makes that position seem untenable. In the ethics realm, good and bad medicine exist at opposite ends of an ethical continuum, with many practices lying in between. For example, much of medical ethics exists between the Nazi criminal physicians and the most sainted nurse or physician. A gradual progression occurred over less than two decades from a utilitarian position that supported limited euthanasia for those with certain mental illnesses to genocide. German society embraced a utilitarian ethic in which the value of human life no longer was intrinsic but instrumental.[1] Many morally significant points on a continuum were then ignored as the misguided utilitarian policy rampantly continued. A point in the continuum to distinguish between ethically justifiable and that which is not can be difficult to identify compared to the two extremes. This continuum is not unique to ethics but can be applied to almost any other aspect of human life and endeavor. Between a severely ill schizophrenic person and a superbly well-adjusted individual, there is a continuum of mental and psychological function. The existence of a continuum should not paralyze thinking and prevent us from drawing lines and identifying moral differences based on objective criteria as well as moral philosophy. Yet, by focusing on a continuum, many bioethicists use logic to disregard dividing lines between an "ethical" and an "unethical" act. Unfortunately, sometimes bioethicists draw revolutionary conclusions that would change the scope of medical practices which is accepted as ethical. There are many examples of similar shifts on the continuum. Many authors argue for the ethical permissibility of abortion by pointing out that the human fetus is no different in various characteristics, one arguing it is as like an ape or chick as it is like a person,[2] and does not achieve unique human and individual characteristics until well into the first year of life.[3] While human fetuses arguably do not have certain distinctive qualities of personhood, most people shy away from the logical next conclusion: permitting infanticide. For example, Joshua Lederberg condemns infanticide, in the face of biological illogic, because of our emotional commitment to infants, to me, a relatively weak explanation. Sir Francis Crick suggests we might consider birth at two days of life in order to decide whether an infant is a "suitable" member of society.[4] Giublini and Minerva suggest that infanticide should be permissible since late pregnancy abortions are permissible, arguing there is no significant difference between a fetus just before birth and an infant just after birth.[5] Clearly the continuum approach would allow for subjective arguments in favor of later infanticide at other points many days post-birth. Years ago, with a cynical tone, I mentioned infanticide as a further step on the continuum beyond abortion, and I was rightly shouted down as being deliberately provocative to assert the logic would ever stretch so far. While it is not an accepted mainstream position, the movement in academic settings from widespread condemnation to limited possible acceptance of infanticide has taken place in an incredibly short time. Public opinion and medical opinion in these areas have shifted dramatically in a short time. In another area, from a biological and chemical point of view, there is a continuum from man down to a single carbon atom. Yet, it would not seem logical to ignore the emotional differences, the meaning of personhood, or the moral distinction between killing an insect and killing a person. ll. A False Continuum: Medical Aid in Dying I assert that there has been an erosion of ethical guidelines in recent years attributable to using continuums to camouflage important distinctions. James Rachels’ work on active and passive euthanasia, which contends that the two are ethically identical, exemplifies that logic.[6] He illustrates this thesis, using a continuum to compare different scenarios with like consequences as morally equivalent, by comparing the deliberate drowning of a child with a deliberate failure to rescue a drowning child when easily able to do so. The author's comparison proposes that since much of the medical profession has already made peace with withholding treatment in order to hasten death, consistency inexorably demands that we permit active euthanasia as well.[7] When permission for active euthanasia was first introduced, it was limited exclusively to patients suffering severely from an intractable, incurable, and irreversible disease. These guidelines have been continuously eroded. There is now a substantial serious consideration for permitting active euthanasia of healthy elderly individuals who feel that they have completed their lives and are "tired of living."[8] There are many moral and factual differences along the ethical continuum. In human life, there is a difference between a live baby and a fetus, between a viable fetus and one that is not, between a fetus and a zygote, and between a zygote and a sperm cell. Similarly, there is a difference between pulling a trigger to kill someone and not interfering in preventing his death, which is reprehensible though both may be. There is a difference between not resuscitating an 80-year-old man with cancer when his heart stops and injecting him with a fatal dose of potassium chloride. I argue that an overt act of taking life repels civilized human beings is to be commended and encouraged as the reverence for human life or even for just a moment of human life is one of the great contributions of our civilization. CONCLUSION As an orthodox Jew, I feel that divinely inspired guidelines that have stood the test of centuries shape my beliefs, and such guidelines contradict medical aid in dying. I cannot speak to the viewpoint of those who do not access religion in defining their moral stance, nor do I implicate them in the current bioethics' trends, as I am not aware of the personal role of religion in the lives of most such authors. While many nonreligious people have a firm philosophical grounding and oppose medical aid in dying, I suggest that in the absence of any religious or other absolute standards, developing logically defensible ethical guidelines may be challenging. At the least, religion may play a role in defining the points on the continuums that are ethically meaningful and refuting the trending beliefs that if the endpoint is the same, allowing different methods of arriving at that end are somehow ethically equal. The continuum of ways death may result does not negate analysis of whether death is brought about in ways that recognize the importance of life. The German philosopher Hans Jonas said, "It is a question whether without restoring the category of the sacred, the category most thoroughly destroyed by the scientific enlightenment, we can have an ethics able to cope with the extreme powers that we possess today and constantly increase and are compelled to use."[9] While countries vary on the role of religion in policy, with many emphasizing freedoms of religion, a recent position paper released by a group of Jewish, Christian, and Moslem leaders suggested the need for agreement on the unique sanctity of human life.[10] I would recommend that such a document serve as an example of consensus on critical foundational bioethical guidelines for democratic secular societies. - [1] Alexander L Medical science under dictatorship. New England Journal of Medicine, 241, p39-47 DOI10.1056/NEJM194907142410201 [2] Lederberg J. A geneticist looks at contraception and abortion, Annals of Internal Medicine 67, sup 2, 25-27. https:/doi.org/10.7326/0003-4819-67-3-25 [3] Ibid. [4] Editorial, Sociology: Logic of biology. Nature 220, 429 https://www.nature.com/articles/220429b0 [5] Giublini A Minerva F After-birth abortion: why should the baby live. J Med Ethics 39, 261- [6] Rachels J Active and passive euthanasia. New England Journal of Medicine 292, 78-80 [7] Ibid. [8] Cohen-Almagor R Euthanizing people who are "tired of life". in Euthanasia and Assisted Suicide-Lessons from Belgium. Ch 11 of Euthanasia and Assisted Suicide, Cambridge University Press pp173-187. 2017 and DOI; https://doi.org/10.1017/9781108182799.012 [9] Hans Jonas, Technology and Responsibility: Reflections on the New Tasks of Ethics, 1972, found as Chapter IX, Philosophical Essays, 1980. https://inters.org/jonas-technology-responsability [10] A position paper of the Abrahamic Monotheistic religions on matters concerning the end-of-life. Vatican Press 28 October 2019 https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2019/10/28/191028f.html. (shrink)

This chapter would have liked to invite its readers on an exciting but breath-taking journey through the historical landscapes of international law, since ‘time immemorial’ a male-centred and, until the 1990s, almost exclusively male intellectual tradition and professional practice – at least in the eyes of the currently dominating historiography. Helas, the ambition had to be downscaled into a few rapid zooms, touristic snapshots in an impressionistic mode, on seven contexts in time and space in a hasty timeline from the (...) eighteenth century to 2021. They reflect, merely as examples, women’s status in international law in diverse political, social and legal transformations or crisis. Some are representing moments of codification or the break-through of certain interpretations of women’s rights. Others are selected for their role in enabling women’s participation in decision-making or entry to international legal positions, or because they provide an example of women’s international activism for women’s rights. All of them might have preceded, followed, or in fact themselves constituted ‘Grotian Moments’ for ‘women’s rights’ – did they, and if not, why? Should they have? If yes, which ones and how, to what effect for ‘women’? (shrink)

Population health has recently grown from a series of loosely connected critiques of twentieth-century public health and medicine into a theoretical framework with a corresponding field of research—population health science. Its approach is to promote the public’s health through improving everyday human life: affordable nutritious food, clean air, safe places where children can play, living wages, etc. It recognizes that addressing contemporary health challenges such as the prevalence of type 2 diabetes will take much more than good hospitals and (...) public health departments. -/- Blending philosophy of science/medicine, public health ethics and history, this book offers a framework that explains, analyses and largely endorses the features that define this relatively new field. Presenting a philosophical perspective, Valles helps to clarify what these features are and why they matter, including: searching for health’s “upstream” causes in social life, embracing a professional commitment to studying and ameliorating the staggering health inequities in and between populations; and reforming scientific practices to foster humility and respect among the many scientists and non- scientists who must work collaboratively to promote health. -/- Featuring illustrative case studies from around the globe at the end of all main chapters, this radical monograph is written to be accessible to all scholars and advanced students who have an interest in health—from public health students to professional philosophers. (shrink)

Professor Carrese's constructive and insightful critique of my article ‘Ancients, Moderns and Americans: The Republicanism-Liberalism Revisited’ raises four points of disagreement between us. These include, first, Carrese's contention that I have improperly ignored the influence of Montesquieu's political thought, Protestant Christianity, and classic common-law thinking on the political thought of the American Founders; second, the question of how far the Founders sought to develop the moral character of the citizenry directly through constitutions and laws, especially acts designed to promote (...) religious belief; and third, Carrese's argument that scholars should not follow Rogers Smith in tracing out the role of illiberal ideologies in the American Founding. Finally, in addition to disagreeing about these substantive issues, Carrese and I also disagree about the methodological question of how the study of the political thought of the American Founders should be conducted. Let us consider each of these points in turn. (shrink)

In this book, Christopher Celenza provides an intellectual history of the Italian Renaissance during the long fifteenth century, from c.1350–1525. His book fills a bibliographic gap between Petrarch and Machiavelli and offers clear case studies of contemporary luminaries, including Leonardo Bruni, Poggio Bracciolini, Lorenzo Valla, Marsilio Ficino, Angelo Poliziano, and Pietro Bembo. Integrating sources in Italian and Latin, Celenza focuses on the linked issues of language and philosophy. He also examines the conditions in which Renaissance intellectuals operated in an (...) era before the invention of printing, analyzing reading strategies and showing how texts were consulted, and how new ideas were generated as a result of conversations, both oral and epistolary. The result is a volume that offers a new view on both the history of philosophy and Italian Renaissance intellectual life. It will serve as a key resource for students and scholars of early modern Italian humanism and culture. (shrink)

This paper seeks a new perspective on a long-standing ambiguity in historical materialism. The term "property," its apparent inclusion in both the economic base and the politicolegal superstructure in Marx's schema, and the consequent difficulty of asserting a causal connection between base and superstructure, are seen as deriving from intellectual influences on the young Marx. These influences conveyed certain central ideas from the history of Roman law and its treatment of property. Some implications for Marxist theory are considered.

The basic thesis of Russell Powell’s Contingency and Convergence: Toward a Cosmic Biology of Body and Mind is that law-like evolutionary processes produce humanlike cognitive capacities, rendering such capacities common in the universe. There is an important caveat; key aspects of human cognition, those that undergird cumulative culture, are entirely contingent and likely very rare. To defend this thesis, Powell marshals a wealth of evidence from a variety of disciplines and develops some singular theoretical tools. Unfortunately, at a number of (...) key points in the book Powell simply ignores contradicting evidence and other plausible approaches to thinking about the history of life on our planet. Thus Powell’s argument is, at best, a weak how possibly argument—another Just-So story mixing science with speculation. Nonetheless, the flaws in the book are instructive. They exemplify how a kind of anthropocentrism continues to shape the philosophy of biology and, arguably, biology itself, placing humans at the apex of evolution and demanding that the study of life must ultimately be about us. In effect, Powell offers a rationalization for why we can treat humans as the measure of all things, asserting our continuity with the rest of life on the planet, while at the same time maintaining our uniqueness. Interrogating his argument proves a useful exercise in identifying why this kind of anthropocentrism is implausible. (shrink)

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a (...) word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity. (shrink)

This article analyzes the main trends in the search for new philosophical foundations in Russian philosophy of law, the need for which arose due to the loss of Marxism’s former Soviet-era monopoly...

Brown famously held that in the field of public education, segregation has no place. But segregation was undefined. Was segregation constituted by mere racial classification, by the fact that the state had divided children into racial groups? Or did Brown condemn a caste system whose effect was to stigmatize black children. In Parents Involved v. Seattle Justice Roberts says segregation is about children not black children. This colorblind approach represents both a rewriting and appropriation of Brown in the service of (...) formalism. The Roberts court writes not only a new version of Brown but a new historical narrative about the meaning of segregation. The theme of this new story is formal equality - equality of opportunity only - as a universal ideal. This new story is woven entirely out of the language of Brown detached from all historical context. Conservatives have long canonized Brown. It has been a kind of second constitution for the second reconstruction. But how does this new story compare to the original understanding ?: Was this the evil that Brown denounced? By framing the issue in this way the paper seeks to make an end run around an impasse in our social and legal debate. Many progressive scholars have challenged the conservative conception of formal equality by suggesting alternative ways of thinking about it: anti-subordination models, a heightened call that equality should take issues of racial caste into account. But this external critique has stalled, perhaps in part because of the slippery indeterminacy of normative ideals. Segregation is far more determinate; it is something that has been concretized not only by the lived experience of black people, but by an earlier realist tradition on the part of the Warren court which saw it as it was. Retelling the two parts of this forgotten history we expose the disconnect between the Supreme Court's universalism and the actual meaning of segregation in context. Also, by focusing on the original understanding we seek a kind of internal critique showing how the politics of historical revision does not withstand the conservatives own interpretive approach. (shrink)

ABSTRACT This article offers a new reading of Carl Schmitt and his Nazi engagement by chronologically examining the changing uses of Roman law in his Weimar and Nazi thought. I argue that Schmitt’s different ways of narrating the modern reception of Roman law disclose, first, the Nazification of his thought in the spring of 1933, and second, the partial and apologetic de-Nazification of his thinking in the 1940s. While Schmitt’s Weimar-era works are defined by a positive use of Roman imagery, (...) ranging from Schmitt’s support to the Catholic Church to his endorsement of Benito Mussolini’s ‘total state’ in Italy, Schmitt’s Nazi writings from 1933 to 1936 describe the reception of Roman law as an anti-German virus that must be overcome by the Nazi movement. This shift mirrors Schmitt’s transformation from an authoritarian thinker sympathetic to Italian Fascism into a devoted Nazi. However, once Schmitt begins to see that Germany will lose World War II, he recalibrates his position. While Schmitt’s earlier Nazi writings offered a negative estimation of the historical school of Friedrich Carl von Savigny, in his 1943/44 book on European legal science, Schmitt portrays Savigny as the paradigmatic European, whose work opens the path for a renewed legal science. (shrink)

The Danish amateur scholar Christian Jürgensen Thomsen has often been described as a founder of modern “scientific” archaeology. Thomsen's innovation, this essay argues, reflects developments within neighboring fields, such as philology and history. He reacted against historians who limited themselves to histories of texts and therefore abandoned the earliest human history. Instead, he proposed a new history of objects, which included the entire history of humankind. Thomsen's work as director of the Royal Museum of Nordic Antiquities (...) in Copenhagen was especially important for this renewal. The arrangement of artifacts not only helped him formulate his theories, but also allowed him to present his arguments in a language of objects. At the same time, Thomsen's definition of archaeology as a museum science placed his branch of archaeology in a closer relationship with other museum sciences, such as geology and comparative anatomy. From the 1840s, Thomsen's museum became a model for how the study of human artifacts could deliver scientific insights into human nature and the laws of human development. (shrink)

"Perhaps more than any other scientist of our century, Edward O. Wilson has scrutinized animals in their natural settings, tweezing out the dynamics of their social organization, their relationship with their environments, and their behavior, not only for what it tells us about the animals themselves, but for what it can tell us about human nature and our own behavior. He has brought the fascinating and sometimes surprising results of these studies to general readers through a remarkable collection of books, (...) including The Diversity of Life, The Ants, On Human Nature, and Sociobiology. The grace and precision with which he writes of seemingly complex topics has earned him two Pulitzer prizes, and the admiration of scientists and general readers around the world.In Search of Nature presents for the first time a collection of the seminal short writings of Edward O. Wilson, addressing in brief and eminently readable form the themes that have actively engaged this remarkable intellect throughout his career.""The central theme of the essays is that wild nature and human nature are closely interwoven. I argue that the only way to make complete sense of either is by examining both closely and together as products of evolution.... Human behavior is seen not just as the product of recorded history, ten thousand years recent, but of deep history, the combined genetic and cultural changes that created humanity over hundreds of thousands of years. We need this longer view, I believe, not only to understand our species, but more firmly to secure its future.The book is composed of three sections. ""Animal Nature, Human Nature"" ranges from serpents to sharks to sociality in ants. It asks how and why the universal aversion to snakes might have evolved in humans and primates, marvels at the diversity of the world's 350 species of shark and how their adaptive success has affected our conception of the world, and admonishes us to ""be careful of little lives""-to see in the construction of insect social systems ""another grand experiment in evolution for our delectation.""The Patterns of Nature"" probes at the foundation of sociobiology, asking what is the underlying genetic basis of social behavior, and what that means for the future of the human species. Beginning with altruism and aggression, the two poles of behavior, these essays describe how science, like art, adds new information to the accumulated wisdom, establishing new patterns of explanation and inquiry. In ""The Bird of Paradise: The Hunter and the Poet,"" the analytic and synthetic impulses-exemplified in the sciences and the humanities-are called upon to give full definition to the human prospect.""Nature's Abundance"" celebrates biodiversity, explaining its fundamental importance to the continued existence of humanity. From ""The Little Things That Run the World""-invertebrate species that make life possible for everyone and everything else-to the emergent belief of many scientists in the human species' possible innate affinity for other living things, known as biophilia, Wilson sets forth clear and compelling reasons why humans should concern themselves with species loss. ""Is Humanity Suicidal?"" compares the environmentalist's view with that of the exemptionalist, who holds that since humankind is transcendent in intelligence and spirit, our species must have been released from the iron laws of ecology that bind all other species. Not without optimism, Wilson concludes that we are smart enough and have time enough to avoid an environmental catastrophe of civilization-threatening dimensions-if we are willing both to redirect our science and technology and to reconsider our self-image as a species.In Search of Nature is a lively and accessible introduction to the writings of one of the most brilliant scientists of the 20th century. Imaginatively illustrated by noted artist Laura Southworth, it is a book all readers will treasure.". (shrink)

Professor Pompa's study of Vico has done a great deal to stimulate and inform the growing interest in the English-speaking world in this remarkable figure. It remains the only work devoted almost exclusively to an interpretation of the New Science and offers a comprehensive guide to the main theoretical problems to which the text gives rise. For this second edition Professor Pompa has responded to the reactions of reviewers and critics and added a new chapter which analyses Vico's conception (...) of the principles which govern the development of law. (shrink)

Some psychologists have recently tried to develop new approaches to psychology incompatible with both natural-science views of the discipline and basic tenets of postmodernism. In her new book on psychology’s interpretative turn, Barbara Held refers to these thinkers as "middleground theorists" or MGTs. Most of the MGTs reject psychological laws, defend free choice and agency, stress the role of values in psychological inquiry, and argue for a hermeneutical methodology. Some reject scientific realism and embrace epistemological relativism. Both Held (...) and I express doubts about some of these views. (shrink)

Research in science education has recognized the importance of history and philosophy of science (HPS), and this has facilitated the evaluation of science textbooks. Purpose of this chapter is to review research based on analyses of science textbooks that explicitly use a history and philosophy of science framework. This review has focused on studies published in the 15-year period (1996–2010) and has drawn on the following major science education journals: International Journal of (...) Science Education, Journal of Research in Science Teaching, Science Education, and Science & Education. Based on HPS-related criteria, 52 articles were selected for review, and of these 28 were published in Science & Education, which clearly shows the importance of HPS for this journal. Selected articles were classified in the following subject areas depending on the textbooks analyzed: university biology textbooks (n = 2), university chemistry textbooks (n = 14), university physics textbooks (n = 17), and primary, secondary, and high school textbooks (n = 19). Results obtained revealed the following: (a) Most biology, chemistry, physics, and school science textbooks lack a history and philosophy of science perspective; (b) most of the textbooks analyzed were published in the USA and to a much lesser extent in other countries; (c) few studies provided details of the procedure and reliability of the application of criteria/rubric for analyzing textbooks; (d) some of the topics analyzed in the textbooks were nature of science, atomic structure, Newtonian mechanics, quantum mechanics, special theory of relativity, and evolution; (e) textbooks avoided including controversial and difficult aspects of different topics (e.g., concepts of force, weight, heat, temperature, origin of the quantum hypothesis, oil drop experiment, Millikan’s data supported Einstein’s photoelectric equation but not his theory); and (f) various science topics provide an opportunity to illustrate the tentative nature of scientific knowledge, and still very few textbooks referred to this important aspect. As textbooks do refer to laws and theories while referring to historical content, it is concluded that HPS is already “inside” the science curriculum provided textbook authors make an effort to scrutinize the historical reconstructions while dealing with the different topics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Descartes and Method: A Search for a Method in MeditationsPatrick FriersonDaniel E. Flage and Clarence A. Bonnen. Descartes and Method: A Search for a Method in Meditations. New York: Routledge, 1999. Pp. 332. Cloth, $90.00.The book has two parts. The first (Chapters 1-3 and an appendix) outlines Descartes's method of analysis, a method for discovering laws and clarifying ideas. The second (Chapters 4-10) offers a (...) running commentary of the Meditations that can be read on its own and is valuable not only for specialists as a challenging comprehensive account but also for anyone looking for a concise and coherent secondary source.The method is taken from the Discourse and illustrated using the Optics. According to the authors, analysis in the search for laws "is a type of argument to the best explanation" (23) that involves "two different issues, discovery and confirmation" (21). In discovery, one isolates a phenomenon and posits one or more explanations (or causes) for it. In confirmation, one tests this explanation for "material truth" (whether it is recognized as true by the natural light). Then one shows how the phenomenon is "caused" by the explanation, and that it is the best explanation, and that it can be included in a systematic science.The discussion of analysis in the clarification of ideas argues against " 'the epistemic thesis,' that is, the thesis that all innate ideas are (materially) true and known to be true as soon as they are considered"(45). Most of the arguments here address the claim that innate ideas are known to betrue. These arguments are followed by an account of how analysis clarifies ideas through successive refinement, and an illustration of this method from Descartes's clarification of the idea of light in the Optics. The final chapter of the section on method defends the claim that Descartes uses "cause" to refer to formal rather than efficient causation.The authors then turn to the Meditations, offering a virtually line by line treatment of major themes, with attention to showing how the method outlined in part one structures the arguments of the Meditations. Meditations 1-3 "ascend" through discovery and preliminary confirmation, ending with a perfect, non-deceiving God as the best explanation of our idea of God. The final meditations "descend" from that best explanation to its implications. This descent confirms the explanation by showing its place in a system.The second part of the book also includes explanations of the part that conceptual clarifications play in the Meditations. Flage and Bonnen discuss the cogito argument, the account of the wax, the arguments for the existence of God, and the distinction of mind and body, all as examples of conceptual clarification through the method of analysis. In the case of God, for instance, Descartes begins with Hobbes's crude conception of God and clarifies it into the simple, clear, and distinct notion of a "most perfect being."The last chapter addresses the circle ascribed to Descartes by Arnauld: that the argument for the existence of God depends on the truth of clear and distinct ideas, which is only established on the basis of the existence of God. The authors argue that this is not a true circle, since Descartes assumes the material truth of clear and distinct ideas (which is indubitable) in his early argument and draws on their formal truth (in the mind of God) only after he proves the existence of God. They suggest their own circle, however: in his response to other concerns of Arnauld, Descartes suggests that God [End Page 436] stops a causal regress and thus commits himself to the formal truth of the idea of God, which he cannot independently justify.As one would expect in a book that offers a concise and unified interpretation of the Meditations, readers will find unnecessary asides and wish for attention to issues that are passed over. Moreover, though the authors support some views with extensive quotations, they leave others without textual support. The most unfortunate example is the identification of formal truth with actuality. The authors have several accounts of the distinction between formal and material truth and end their book with... (shrink)

Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's (...) ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe. (shrink)

"A rich historical pastiche of 17th- and 18th-century philosophy, science, and religion."—G. Y. Craig, New Scientist "This book, by a distinguished Italian historian of philosophy, is a worthy successor to the author's important works on Francis Bacon and on technology and the arts. First published in Italian (in 1979), it now makes available to English readers some subtly wrought arguments about the ways in which geology and anthropology challenged biblical chronology and forced changes in the philosophy of history (...) in the early modern era.... [Rossi] shows that the search for new answers about human origins spanned many disciplines and involved many fascinating intellects—Bacon, Bayle, Buffon, Burnet, Descartes, Hobbes, Holbach, Hooke, Hume, Hutton, Leibniz, de Maillet, Newton, Pufendorf, Spinoza, Toland, and, most especially, Vico, whose works are impressively and freshly reevaluated here."—Nina Gelbart, American Scientist. (shrink)

In books such as The World Within the World and The Anthropic Cosmological Principle, astronomer John Barrow has emerged as a leading writer on our efforts to understand the universe. Timothy Ferris, writing in The Times Literary Supplement of London, described him as "a temperate and accomplished humanist, scientist, and philosopher of science--a man out to make a contribution, not a show." Now Barrow offers the general reader another fascinating look at modern physics, as he explores the quest for (...) a single, unifying theory that will unlock nature's secrets. Theories of Everything is more than a history of science, more than a popular report on recent research and discoveries. Barrow provides a reflective, intelligent commentary on what a true Theory of Everything would be--its ingredients, its limitations, and what it could tell us about the universe. Never before, he writes, have physicists been so confident and so eager in the hunt for this "cosmic Rosetta Stone," as he calls it: "a single all-embracing picture of all the laws of nature from which the inevitability of all things seen must follow with unimpeachable logic." He lays out eight essential ingredients for a Theory of Everything and then explores each in turn, tracing how our knowledge has developed and how scientific discovery relates to our changing philosophy and religious thought in each area. Some of these ingredients are obvious--the laws of nature must be explained, for example, as well as its organizing principles--but others may be surprising, such as broken symmetries and selection biases. A Theory of Everything must account for the fact that the universe is "messy and complicated," he tells us, and for the limitations imposed by the questions we ask and the information we can obtain. The key lies in the remarkable capacity of mathematics to express the fundamental workings of the physical world--a language that the human mind is uniquely equipped to understand and manipulate. Barrow examines what mathematics actually is and describes how it makes the universe intelligible and provides a path to the underlying coherence in nature--which has led, in fact, to arguments that the universe itself is a vast computer. Yet even the most complete theory, even the most comprehensive mathematical explanation, cannot account for the uncomputable varieties of human experience and thought. "No non-poetic account of reality," he writes, "can be complete." In a field where the authorities converse in equations and mathematical notations, John Barrow speaks with the voice of thoughtful and knowledgeable humanist. Written with eloquence and expertise, Theories of Everything establishes a new perspective on humanity's efforts to explain the universe. (shrink)