This chapter contains sections titled: Early Religious Freedom The Eve of Revolution Luther and Liberalism John Knox and the Scottish Enlightenment Natural Law Toward Religious Freedom Conclusion Discussion.

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for (...) a fresh start in natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability (...) and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 161-181 [Access article in PDF] Translating Liberty in Nineteenth-Century Japan Douglas Howland A concept of liberty was but one element of the Japanese engagement with western political theory after the Perry intrusion of 1853, when United States warships led by Commodore Matthew Perry forced Japan to negotiate a commercial treaty with the U.S. This scandal, which ultimately led (...) to the Meiji Restoration of 1867, immediately reorganized scholarly priorities among those intellectuals interested in western knowledge and technology. Western learning under the "feudal" Tokugawa regime (1603-1867) was organized as "Dutch studies" because the Dutch were the sole European trading partner of Japan from 1641 to 1854. Dutch studies paid particular attention to European mathematics, astronomy, geography, natural history, and the Dutch language. The Perry intrusion, however, prompted the rise of "western learning": language study quickly expanded to include English, French, and German; and the content of learning emphasized European law and political philosophy. But the concepts that defined this content of western thought did not translate well; they did not fit naturally with existing Japanese concepts. Hence the translation of western political theory necessitated the invention of new terminology with which to engage the new political language. Accordingly, Japanese efforts to translate western political theory must be understood as both problems of language, the creation and circulation of new concepts, as well as problems of action, and the usage of new concepts in debates about the programs and policies to be implemented in a "westernizing" Japan. 1 [End Page 161]The scholars who figure in this essay--Kato Hiroyuki, Tsuda Mamichi, Nishi Amane, Kanda Takahira, Fukuzawa Yukichi, and Nakamura Keiu--were all key figures in the intellectual passage from Tokugawa to Meiji, from Dutch studies to western learning. They began their careers in the Tokugawa institute for Dutch studies; most traveled to Holland, England, or the United States during the 1860s; and after the Meiji Restoration they became intellectual and educational leaders under the new administration. 2 In addition to founding private academies or filling prominent government posts, they created the first literary society, the Meiji Six Society (named after the year of its founding, the sixth year of the Emperor Meiji's reign, 1873), which sponsored public debates, published these proceedings in the Meiji Six Journal, and so hoped to promote enlightenment among the Japanese people. In addition to introducing public debate to Japan, this transitional intelligentsia was involved in the fundamental work of creating the language in which to raise issues of constitutional form or personal freedoms. In their translations of western texts and original texts about western law and political philosophy they created the neologisms to translate western concepts and participated in the standardization of terminology that made western knowledge coherent.The two concepts discussed in this essay, which were among the first to figure prominently in intellectual debates of the early 1870s, were "liberty" and "religion," the pairing of which in the debate over freedom of religion from 1872 to 1874 was crucial in defining a Japanese conception of liberty. Although religious liberty arose in western Europe as a result of the conflict between church and state authorities, the issue in Japan was a direct challenge to the new central government's attempt to decree a national Shinto doctrine in 1868. As the sole case of unanimous support for personal liberty among the transitional intelligentsia, the debate over freedom of religion determined key distinctions between private and public behavior that defined the Japanese conception of "liberty" for the duration of Japan's imperial constitution (to 1945). As a right of individuals, liberty resided in the exclusively private domain of thought, conscience, and religious faith. As a public matter the people's liberty necessarily gave way to government maintenance of public order.In part this essay responds to the work of Japanese philologists who study the translation and standardization of modern Japanese vocabulary. Much of this work is based on dictionaries; a word is said to have become standard as it appears in greater numbers of Japanese-Chinese, Japanese... (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also (...) as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

Living organisms are the ultimate survivalists, having evolved phenotypes with unprecedented adaptability, ingenuity, resourcefulness, and versatility compared to human technology. To harness these properties, functional descriptions and design principles from all sources of biodiversity information must be collated − including the hundreds of thousands of possible survival features manifest in natural history museum collections, which represent 12% of total global biodiversity. This requires a consortium of expert biologists from a range of disciplines to convert the observations, data, (...) and hypotheses into the language of engineering. We hope to unite multidisciplinary biologists and natural history museum scientists to maximize the coverage of observations, descriptions, and hypotheses relating to adaptation and function across biodiversity, to make it technologically useful. This is to be achieved by developments in meta‐ taxonomic classification, phylogenetics, systematics, biological materials research, structure and morphological characterizations, and ecological data gathering from the collections − the aim being to identify and catalogue features essential for good biomimetic design. (shrink)

Somerville, Margaret Over the millennia of human history, the idea that children - at least those born into a marriage - had rights with respect to their biological parents was taken for granted and reflected in law and public policy. But with same-sex marriage, which gives same-sex spouses the right to found a family, that is no longer the case. Likewise, children's rights with respect to their biological origins were not an issue when there was no technoscience that could (...) be used to manipulate or change those origins: a baby could only be conceived in vivo through sexual reproduction. But with assisted human reproductive technologies and genetic technologies, that, too, is no longer the case. So, in light of these new realities, what are our obligations, as societies, to children with respect to their biological origins and biological families? What protections do children need and deserve? I propose that the most fundamental human right of all is a child's right to be born from natural human biological origins and that children also have human rights with respect to knowing who their biological parents and families are, and that these rights must be recognized. Children also have a right to be reared within their biological families and to have a mother and a father, unless an exception can be justified as being in the 'best interests' of a particular child. The connection among adoption, the use of new reproductive technologies, and same-sex marriage is that they all unlink child-parent biological bonds. Each context raises one or more of three important issues: children's right to know the identities of their biological parents; children's right to both a mother and a father, preferably their own biological parents; and children's right to come into being with genetic origins that have not been tampered with; that is, 'designing' our children should be prohibited. Such 'designing' would result in losses with implications far beyond those persons directly affected and far beyond the present time. It would undermine the rights to equality and freedom of future generations. Because the liberty and equality of all citizens is at the heart of democratic societal institutions and of the values that democratic societies promote, to create people who are neither free nor equal undermines those institutions and values. In short, not to prohibit 'designer children' would undermine the very foundations of our Western democratic societies. (shrink)

Situating Samuel Taylor Coleridge’s thought on historically actualized ideas with reference to a range of classical thinkers, this article examines his intriguing philosophical theory about how ideas become progressively actualized in history. This cultural growth can be understood as contemplation-in-action, although it occurs through mainly fumbling – or else overenthusiastic – human agents. I distinguish Coleridgean first-order, transcendent ideas (such as God, infinity, the good, the soul) from second-order, historical ones (such as church, state, the constitution). It has been (...) argued that Coleridge’s theory of ideas develops from Bacon’s inductive method for discovering laws of nature through experiment and natural law through common law. I further claim that Coleridge upholds the reality of “Forms” in science, and of rights in ethics and politics; that his later political thought is inherently more progressive than is generally admitted; and that his account differs from Schelling’s and Hegel’s respective theories by maintaining the transcendence of ideas above the immanence of their evolving historical actualizations. Coleridge’s philosophy is therefore, whether political or metaphysical, ultimately an ontological defence of the transcendence of ideas above the immanence of their progressive but imperfect actualization. (shrink)

"The Liberty for which Patriot Patrick Henry was willing to die was more than a rhetorical flourish. The American Patriots and Founders based their ideas about Liberty upon almost 200 years of experience on their own as well as the heritage of English Common Law and even back to the natural order of Thomas Aquinas, not to mention the philosophy of Aristotle and the Biblical Exodus of the Israelites from Egypt. In over 50-years of scholarship Ellis Sandoz (...) has researched, documented and contemplated the governance of man throughout the ages. The erudition brought to bear in this compact tome reflects a depth and breadth of learning that illuminates the subject with dazzling insight. Yet, he always reminds us that principles of Liberty are readily comprehensible to the common man. Sandoz worries that the present day adherence to political correctness limits our response to obviously murderous terroristic movements. He attacks academia for ignoring the spiritual nature of existence and events. He even chastens "social dogoodism" when it is provided instead of, rather than as a reflection of, spiritual nourishment. The book revolves around the motivation and context of the American Founding and drives home its relevance to contemporary living. The Founders fought against tyranny that attempted to control their physical and spiritual lives. Unjust governance was deemed to be without authority. Aristocrats and commoners ultimately must answer to the Final Authority. These concepts are reflected in the Declaration of Independence: "all men are created equal and they are endowed by their Creator with certain unalienable rights -- that among these are life, liberty and the pursuit of happiness." Sandoz is not only a scholar, but a grandfather; his words will engender Liberty for future generations."--Publisher's website. (shrink)

When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition can and should be recovered (...) and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a (...) better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the (...) class='Hi'>natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:102 HISTORY OF PHILOSOPHY and removal of the social self, through the devaluation of values and de-culturation, to the objectivizatlonof the ego, the state of oneness and unity with all. The remaining sections of the book give an analysis of Rumi, the universal man of the Eas~, and an analysis of Goethe, the universal man of the West. The Rumi chapter contains impressive translations of RumPs poems and (...) the Goethe study offers a very pertinent critique of K. R. Eissler's psychoanalytic interpretation of the great man. Added is a case history of a young man who lived in two cultures, and after many errors and meanderings obtained full integration. The final section offers an application of the transcultural state to health, social change and leadership. A most rewarding and challenging work, marred only by an incredible number of typographical errors and a sometimes uneven English due to misunderstandings of the Dutch printers. Hg~RY WALTESBRANN Washington, D. C. Natural Law and Modern Society. Essays by John Cogley, Robert M. Hutchins, John Courtney Murray, SJ., Scott Buchanan, Philip Selznick, Harvey Wheeler, and Robert Gordis. (Cleveland and New York: The World Publishing Company, 1966. Pp. 285. Meridian Books. $1.75.) This group of essays has been discussed from time to time at the Center for the Study of Democratic Institutions in Santa Barbara, California. The essays provide an excellent survey of the various contexts in which the idea of natural law is functioning today: in jurisprudence, political theory, sciences, religions, and philosophies of culture. Though the emphasis is on "modem society," there is a large amount of history in this collection, going back to the ancients, and one of the most valuable features of the analysis is the evidence here offered that "natural law" has meant and still means many different things, and that this flexibility of meaning gives the idea an enduring vitality and relevance. This is the particular theme of Scott Buchanan's "Natural Law and Teleology", which chapter reviews almost the whole history of philosophy to show how the content of natural law has varied for teleological reasons. Since it is impossible to review this whole story, it seems simplest and least distorting to quote a series of passages from the essays so that the reader can estimate the range of subject-matter and the kind of observations in the volume : The natural lawyer who lacks a sense of history, a factual sense, is as seriously deficient as the one who has been victimmed by the historical setting of his own time. Social scientists are concerned with digging up and evaluating exactly the kind of factual material the conscientious natural lawyer needs (Cogley, pp. 24, 26). We are free, with the deference that is due previous laborers in the vineyard, to work out the ~pplication of the principles of natural law to the conditions of our own time. The ends of uman life are heldto be unchanging; the search for the best way of achieving them is continuous and adapted to changing conditions and new knowledge. The search for a revival of natural law--not necessarily, or even principally pitched in Thomistic terms but projected more generally on a ~us gent~um, pluralistic basis--may well be the dominant theme of American legal philosophy over the second half of the century (Hutchins, pp. 34, 37, 46). Plato saw an epitome of the legal and political crisis of the city-state in the trial and death of Socrates.... The sophists are operators in opinion and power.... Plato sets out to find the truth in science and the good of the state.... There is no doctrinal answer to the quest.... The Dialogues practice what they preach, a relentless dialectical exposure of ideas masquerading in dogmas and opinions.... The endless mutual persuasions in any community could result in good laws if the formal processes of government provided insights for the citizens and magistrates alike.... Neither Plato nor Aristotle commonly uses the phrase 'natural law'.... For the Stoics what Plato had described as the "community of ideas," which was only the notion of the interpenetration of BOOK REVIEWS 103 mutual implication of ideas, became the Logos, the perhaps infinite total of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as (...) he is free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

exam of the issue of conflict since the “History of Florence” provides us with elements capable to show the Machiavellian reflection does not evolve according to such a simple and linear way as it is shown in the “Discourses”. In fact, investigation will reveal that the opposition between the two types of conflict – positive conflict and negative conflict –, described in the “Discourses”, is progressively defined, from the analysis of Florentian history, as being just one type (...) – the tragic and violent type –, based on contrapositions that cannot be solved in terms of a classical virtú, characteristic of the first period of Roman history. Such transformations arise a set of questions to which, in some way, the present paper intends to offer some answers: Would Machiavelli have renounced to the idea of conflict as foundation of republican liberty and surrended himself to the utopia of a homogeneous and stable order? Which element should be to blame due to the fact that disagreements did not produce, in Florence, the same effects which were seen in Rome? Would all disagreements be natural and, for that reason, inevitable, or could there be “artificial” divisions and, by that reason,avoidable ones? -/- O estudo da questão do conflito a partir da “História de Florença” nos fornece elementos capazes de mostrar que a reflexão maquiaveliana não se desenvolve de modo tão simples e linear quanto parece nos “Discursos”. Com efeito, revelará que a oposição entre dois tipos de conflito – positivo e negativo – descrita nos “Discursos” se define progressivamente, a partir da análise da história florentina, como de um só tipo – trágico e violento – baseado sobre contraposições que não são possíveis de serem resolvidas em termos de uma virtù clássica, característica do primeiro período da história de Roma. Esta transformação levanta um conjunto de interrogações para as quais, de algum modo, o presente estudo pretende oferecer respostas: teria Maquiavel renunciado à ideia de conflito como fundamento da liberdade republicana e se entregado à utopia de uma ordem homogênea e estável? A que se deve atribuir o fato de as discórdias não haverem produzido em Florença os mesmos efeitos que em Roma? Seriam todas as discórdias naturais e, portanto, inevitáveis, ou poderia haver divisões “artificiais” e, portanto, evitáveis? (shrink)

The idea of natural law has a long history. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and different contexts. This requires delving deep into the hoarypast and analyzing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the (...) word ‘natural’ in the expression ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity in natural law that has kept it alive and going across generations. Even some of the jurists who adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explore its growth application. (shrink)

Natural law ethics centres on the idea that ethical norms derive from human nature. The field has seen a remarkable revival since the millennium, with new work in Aristotelian metaphysics complementing innovative applied work in bioethics, economics and political theory. Starting with three chapters on the history of natural law ethics, this volume moves on to various twentieth-century theoretical innovations in the tradition, and then to natural law as embedded in the three Abrahamic faiths. It closes (...) with sections on applied natural law ethics and the challenges and prospects for natural law ethics in the twenty-first century. Uniquely interdisciplinary and written without technical jargon, the book will be of great interest to students and researchers in philosophy, theology, political theory and economics. They will find this the go-to resource for cutting-edge thinking in natural law ethics. (shrink)

Preface Phillip R. Sloan, Gerald McKenny, Kathleen Eggleson pp. xiii-xviii In November of 2009, the University of Notre Dame hosted the conference “Darwin in the Twenty-First Century: Nature, Humanity, and God.‘ Sponsored primarily by the John J. Reilly Center for Science, Technology, and Values at Notre Dame, and the Science, Theology, and the Ontological Quest project within the Vatican Pontifical... 1. Introduction: Restructuring an Interdisciplinary Dialogue Phillip R. Sloan pp. 1-32 Almost exactly fifty years before the Notre Dame conference, (...) the world’s largest centenary commemoration of Darwin’s legacy was held at nearby University of Chicago. This event, organized by a committee spearheaded by University of Chicago anthropologist Sol Tax, drew nearly 2,500 registrants. In attendance were the primary leaders... Part 1. Nature 2. Evolution through Developmental Change: How Alterations in Development Cause Evolutionary Changes in Anatomy Scott F. Gilbert pp. 35-60 For the past half-century, the mechanisms of evolution have been explained by the fusion of genetics and evolutionary biology called “the Modern Synthesis.‘ The tenets of the Modern Synthesis have been generally formulated as such: 1. There is genetic variation within the population. 2. There is competition... 3. The Evolution of Evolutionary Mechanisms: A New Perspective Stuart A. Newman pp. 61-89 The Modern Evolutionary Synthesis, based on Charles Darwin’s concept of natural selection in conjunction with a genetic theory of inheritance in a population-based framework, has been, for more than six decades, the dominant scientific perspective for explaining the diversity of living organisms. In recent years, however, with the growth... 4. The Evolvability of Organic Forms: Possible, Likely, and Unlikely Change from the Perspective of Evolutionary Developmental Biology Alessandro Minelli pp. 90-115 Confronted with the extraordinary diversity of animal form, we can ask questions about function and adaptation. How does this animal move? How does it feed? How does it defend itself from its enemies? But we can also ask questions about development, reproduction, and heredity. What mechanisms produce these forms? How are these... 5. Accident, Adaptation, and Teleology in Aristotle and Darwinism David J. Depew pp. 116-143 Charles Darwin framed the Origin of Species to meet criteria for inductive science set out by John Herschel in his Preliminary Discourse on the Study of Natural Philosophy. Accordingly, he was distraught when he learned that Herschel, to whom he had sent a copy of his newly published book, was not... 6. The Game of Life Implies Both Teleonomy and Teleology Gennaro Auletta, Ivan Colagè, Paolo D’Ambrosio pp. 144-164 The present contribution is mainly aimed at suggesting the importance of teleonomy and teleology as explanatory mechanisms in biology in the light of recent achievements in the field, and at showing that they play an actual and relevant role in the realm of life. The issue of finality in biology still provokes lively debates in the... Part 2. Humanity 7. Humanity’s Origins Bernard Wood pp. 167-181 One of Charles Darwin’s many achievements is that he began the process of converting the Tree of Life from a religious metaphor into a biological reality. All types of living organisms, be they animals, plants, fungi, bacteria, or viruses, are at the end of twigs that reach the surface of the Tree of Life, and all the types of organisms... 8. Darwin’s Evolutionary Ethics: The Empirical and Normative Justifications Robert J. Richards pp. 182-200 In the increasingly secular atmosphere of the nineteenth century, intellectuals grew wary of the idea that nature had any moral authority. In an earlier age, one might have looked upon the dispositions of nature as divinely sanctioned, and thus one could call upon natural law to ground moral judgment. Certain behaviors, for instance, might have... 9. Crossing the Milvian Bridge: When Do Evolutionary Explanations of Belief Debunk Belief? Paul E. Griffiths, John S. Wilkins pp. 201-231 Two traditional targets for evolutionary skepticism are religion and morality. Evolutionary skeptical arguments against religious belief are continuous with earlier genetic arguments against religion, such as that implicit in David Hume’s Natural History of Religion. Evolutionary arguments are also... 10. Questioning the Zoological Gaze: Darwinian Epistemology and Anthropology Phillip R. Sloan pp. 232-266 This quotation from Darwin’s Descent of Man illuminates an under-explored issue in Darwin’s work---not the issue of evolutionary ethics itself, but the epistemology of experience assumed in his work, and the consequences of his application of this “zoological gaze‘ to human beings. I will term this epistemological stance in this chapter “natural historical... Part 3. God 11. Evolution and Catholic Faith John O’Callaghan pp. 269-298 To begin to examine the relation of orthodox Catholic Christian faith to evolutionary theory and the question of human origins, consider words of the fourth pope, St. Clement: Let us fix our gaze on the Father and Creator of the whole world, and let us hold on to his peace and blessings, his splendid and surpassing... 12. After Darwin, Aquinas: A Universe Created and Evolving William E. Carroll pp. 299-337 At the 2000 Jubilee Session for scientists, held at the Vatican in May of that year, Archbishop Józef Życiński offered an eloquent assessment of contemporary discourse on the relationship between the natural sciences and theology. He ended his address with the comment that what is needed today is a new Thomas Aquinas. I remember... 13. Evolutionary Theism and the Emergent Universe Józef Życiński pp. 338-354 The 150th anniversary of the publication of Charles Darwin’s The Origin of Species has been celebrated in the context of an animated debate concerning both scientific and philosophical issues implied by the theory of evolution.1 One finds a deep diversity of attitudes, both methodological and semantic, in the current debates on evolutionary... 14. Beyond Separation or Synthesis: Christ and Evolution as Theodrama Celia Deane-Drummond pp. 355-380 The fervor with which popular discourse on science and religion has continued to bubble up in the anniversary year celebrating Darwin’s achievements shows that the publically perceived conflict between science and religion will not go away. Academic discussion on such matters is therefore not just peripheral to cultural concerns but takes... Part 4. Past and Future Prospects 15. Imagining a World without Darwin Peter J. Bowler pp. 383-403 What would have happened if Charles Darwin had not lived to write On the Origin of Species? Perhaps his bad health caused the early death he feared, or maybe he fell overboard while on the voyage of the Beagle. Would the world have still experienced the Darwinian Revolution under another name, or would the history of science, and... 16. What Future for Darwinism? Jean Gayon pp. 404-423 What future for Darwinism? I will propose some criteria for exploring this question in the domains of both evolutionary biology and the human sciences. Do not expect me to tell you where we will stand thirty years from now. It will be enough to identify a few general tendencies. For the sake of brevity, I will not devote a preamble to explain... Contributors pp. 424-430. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 126-127 [Access article in PDF] Book Review Natural Law Theories in the Early Enlightenment T. J. Hochstrasser. Natural Law Theories in the Early Enlightenment. New York: Cambridge University Press, 2000. Pp. xiii + 246. Cloth, $54.95. In a worthy addition to Cambridge's Ideas in Context series, T. J. Hochstrasser undertakes an excavation. His aim is to provide a (...) description, and to demonstrate the importance within the German Frühaufklärung, of a largely forgotten philosophical approach: eclecticism. Hochstrasser argues that the triumph of Wolffian rationalism in the Protestant universities in the middle of the eighteenth century occluded the importance of eclecticism for Kant, who in turn occluded it for everyone afterward. But the price of forgetting eclecticism is high. Not only are we left with no account--or a skewed account--of the development of German thought from the first stirrings of the Enlightenment to the emergence of the Critical philosophy, but our understanding of the development of the historiography of philosophy is badly compromised. For among their many accomplishments--in natural jurisprudence, in university reform--the eclectics were the first critical historians of philosophy, their distinctive genres being historically aware treatises on natural law and Whig histories of natural jurisprudence. Hochstrasser's study traces the development of eclecticism, from the work of its founders, Samuel Pufendorf and Christian Thomasius, through a devolution in the hands of Thomasius's later disciples, to the eventual oblivion in the middle of the eighteenth century. This review will focus on the beginning of this narrative, as Pufendorf is the leading figure in the book.Eclecticism began with Pufendorf's attempt, in his mature work on natural law, to reconcile his conflicting inheritances from Grotius and Hobbes without simply endorsing the work of either. He was impressed both by Grotius's explanation of the law of nations in terms of human sociability--but also by Hobbes's criticisms of Grotius, rooted in the latter's analysis of the state of nature. At the same time, he wished to reject Grotius's method of induction from sociological observation and Hobbes's minimally constrained voluntarism. Contributing further to his perplexity was his increasing disaffection from the geometric approach he had adopted in his Elementa Jurisprudentiae Universalis.The way out of this impasse, Hochstrasser contends, was revealed to Pufendorf in correspondence with Hermann Conring, the leading constitutional lawyer of his time, and Johann Böcler, Grotius's most erudite commentator. Böcler chastised Pufendorf for his neglect of history, and both of Pufendorf's correspondents pointed out his need for some non-Hobbesian criterion by which he could validate his first principles, whatever they turned out to be. Stung particularly by Böcler's remarks, Pufendorf returned to the Stoics and there discovered a via media between Hobbes's pessimism and Grotius's optimism: a synthesis anticipating Kant's doctrine of "unsocial sociability." For the purposes of Hochstrasser's study, the key aspects of Pufendorf's solution are these: first, it avoids mere voluntarism; second, it does this by means of a moral epistemology that sharply distinguishes natural law [End Page 126] from moral theology; finally, the validating criterion for Pufendorf's first principles is located in critical appropriation of the history of moral philosophy. These were to be hallmarks of Pufendorf's school.On the first and second points, Hochstrasser seems to me substantively correct, though I think he misunderstands the nature of Pufendorf's escape from mere voluntarism and thereby underplays the religious dimensions of Pufendorf's theory. Among recent Anglo-American commentators on Pufendorf, only Robert Adams has in my view properly construed Pufendorf's thought: that it involves a command theory of obligation proper, but posits the natural advantageousness of some hierarchies as a buttress against mere voluntarism. Hochstrasser is thus right to insist, against Leibniz, that Pufendorf's account of obligation is coherent. But he is wrong to suggest that "there was nothing in Pufendorf's theory... to oblige him to introduce fear of punishment by a superior... " (105). He is... (shrink)

Amy Wendling contends in this book that Marx’s concern with alienation is not restricted to his early, more explicitly Hegelian writings, and that it can be seen to evolve throughout his work in tandem with his interest in technology. This evolution, according to Wendling, is marked by his transition between two successive scientific paradigms, both of which pertain to the status of labour and machinery within society. Wendling claims that Marx uses the distinction between them as a means of (...) conducting an immanent critique of capitalist ideology. Consequently, although it is primarily a work of intellectual history, this book offers an interesting contribution to the hermeneutics of Marx’sCapital. In addition, it also bears relation to contemporary discussions concerning real subsumption and the abolition of labour. The book’s general argument raises questions as to the degree to which a conception of alienation must rely upon notions of human essence, and upon an idea of a ‘natural’ and ‘authentic’ humanity. Wendling’s responses to those questions are described as problematic within this review, but they are also acknowledged to be both pertinent and intriguing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wyclif on RightsStephen E. LaheyIn the study of medieval political philosophy the tendency has been to pay attention to thinkers who appear to have contributed to the birth of the modern. While the value in coming to understand how modern political thought developed is undeniable, this tendency is accompanied by an implicit, perhaps unintentional, devaluation of the study of that which did not contribute as obviously to modernity. In (...) the history of the idea of the natural right scholars have distinguished between the objective and the subjective right, characterizing the subjective right as what lies at the heart of the classically modern and liberal. One could get the impression that the good political philosophers, having hit upon the subjective right, dispensed with talk of the old-fashioned objective right just as people abandoned gaslight when Edison’s lightbulb went on the market. 1 But this is not what happened; not only did objective rights discourse continue into the modern period, but it was not necessarily the idiom solely of religious and political conservatives.Some late medieval philosophers, notably Marsilius of Padua, even came up with progressive and unorthodox political visions while adhering to the objective right. I will show that at least one late medieval political theory founded on the objective right, that of John Wyclif, can be argued to be as innovative in several important aspects as that of any of the better-known fourteenth-century advocates of the subjective right. To do that, I will divide this paper into three parts. In the first, I will explain the difference between objective and subjective theories of the right, making note of what we can reasonably expect from a fourteenth-century political theory in the way of toleration and briefly introducing John Wyclif’s life and works. In the second I will recount Wyclif’s view of ius, or the right, as it appears in his political writings, and in the third I will explain how this concept has a bearing on elements in his political thought that are recognizably unorthodox and even tolerant to modern, liberal eyes. Having [End Page 1] shown how Wyclif’s objective right plays out in his innovative and reformative political scheme, I hope to have helped to dispel the dogma that the only early rights theories worth studying are those that evolved into ones we use.I.a. Objective and Subjective RightsThe explicit distinction between objective and subjective rights is a new one, invented by scholars of the history of political thought to distinguish between the sense of the term ius, or right, as that which is just in accordance with a set body of law, and the sense of ius which refers to a licit power or faculty belonging to an individual in accordance with right reason. 2 The objective right is grounded in Roman law and functioned in medieval legal and political thought as it had in antiquity. Generally, an individual had a ius to act or be acted upon if that action was commensurate with the law. Among the Romans, that law was either Roman law, or it was according to objective natural law; with the introduction of Christian monotheism, the ius was “right” according to God’s law. Tuck notes that the concept of dominium had long been of a piece with objective ius and explains that dominium had usually been seen as a species of objective ius. If someone has just dominium over something, it is because their relation of dominium is “(what is) right,” ius, in accord with justice, iustitia. He argues that when dominium, which he understands to mean “property,” is equated with ius, “right,” the foundation is laid for a possessive (subjective) right. 3 While this is problematic on several counts, not the least of which is the restriction of dominium to the ownership of property, it illustrates the relatedness of the two concepts ius and dominium. 4As juristic sophistication grew in the twelfth century, it became useful to distinguish between ius in re, “right in a thing,” and ius ad rem, “right to a thing.” If someone has a ius in re, they can use the thing and/or exercise dominium... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven (...) Years' War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

according to some interpreters of John Locke’s moral philosophy, there is an inconsistency between Locke’s adoption of hedonism and his commitment to a natural law view of ethics. Indeed, Locke is not fully explicit about the relationship between pleasure and pain and the natural law in the Essay concerning Human Understanding. But the thesis I defend in this paper is that the idea of convenientia, according to which God harmonizes the natural law with human nature, can be (...) used to understand how Locke synthesizes the hedonism he adopts in the 1670s, and ultimately expresses in Book II, chapter 20 of the Essay, with the natural law doctrine he maintains over the course of his lifetime. As I argue, God’s providential.. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the (...) two following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with (...) his higher faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Black Natural Law by Vincent W. LloydDaniel A. MorrisBlack Natural Law Vincent W. Lloyd NEW YORK: OXFORD UNIVERSITY PRESS, 2016. XV + 180 PP. $49.95Black Natural Law introduces and analyzes a "tradition" (Vincent Lloyd's term throughout the text) of African American natural law reflection. In so doing, Lloyd dismantles stubborn boundaries between Christian ethics, black religion, and American religious history. Black Christian writers (...) such as Frederick Douglass are often confined to the category of "history" and rarely elevated to esteemed intellectual disciplines such as "theology" and "ethics." Lloyd reverses that tendency. Like Catherine Bell, Robert Orsi, Miguel De La Torre, and others, he makes us question the hierarchical dualism between thought and practice, and our habit of associating white Christianities with the former and nonwhite Christianities with the latter. This book is worth reading for that feature alone. But there are many other worthwhile arguments as well.In his surveys of Frederick Douglass, W.E.B. DuBois, Anna Julia Cooper, and Martin Luther King Jr., Lloyd identifies a coherent tradition of natural law reflection in African American Christianity that imagines a concentric series of laws, including God's law, moral law, and civic law. The tradition emphasizes the image of God in all human beings and thus the "inherent value of human life" (22). Black natural law reflection is distinctive primarily because it is rooted in black experience. At its core, it is informed by experiences of oppression sponsored by the civic law. Critique of ideology (which Lloyd sometimes uses as a synonym for civic/worldly law) is at the heart of black natural law, as is the organizing of social movements as a practical outgrowth of that critique. Lloyd also shows that black natural law sets itself apart from its white/European counterparts by understanding reason and emotion as mutually informing: emotion does and indeed should inform reason in moral reflection. And because God privileges the oppressed, black natural law also emphasizes its own priority over white theological ethics. Through close readings of black theologians, Lloyd pulls all these features together and persuasively shows that there is a coherent tradition of black natural law thinking in American Christianity. This primary argument is clear and indispensable for scholars of either black theology or natural law (or both).Lloyd also makes a provocative historical argument: the tradition began to decline after the civil rights movement and is currently in a state of disarray. He writes that "elements of black natural law continued to be invoked in various [End Page 199] ways during the decades that followed the civil rights movement—invoked in ways that were disconnected from the tradition" (120). He shows that literary, activist, and political uses of natural law ideas within black communities have lost the coherence and distinctive features that they once had. This argument includes innovative interpretations and critiques of James Baldwin, Audre Lorde, Barack Obama, Clarence Thomas, and others. This argument is all the more worthwhile for scholars and students of ethics and American religious history because Lloyd notes that a coherent expression of black natural law could help meet the crisis of mass incarceration.The book could, at times, engage secondary sources more effectively; for example, which natural law theories "focus exclusively on the human capacity to reason" (38)? How have other scholars understood Douglass's invocation of natural law concepts? It also offers an underdeveloped critique of pragmatism. These quarrels are trivial, though, in light of the thought-provoking arguments that Lloyd offers. Scholars working on Christian ethics, American religious thought, and black Christianity should all read this book. Black Natural Law would fit well on upper-level and graduate syllabi in these fields.Daniel A. MorrisAugustana CollegeCopyright © 2017 Society of Christian Ethics... (shrink)

Is "natural law" actually the "Laws of Nature" as Thomas Jefferson explains in the Declaration of Independence, meaning the rights of Life, Liberty & the pursuit of Happiness, or the ecclesiastical view which holds that laws of the government must conform to "natural laws" in order to be binding? This text examines this conflict, yet leads the reader to draw his own conclusions.

SummaryThe toleration gained by Protestant Dissenters, the Toleration Act of 1689, was far from comprehensive. It insisted that Dissenting authorities should subscribe to the doctrinal articles of the Church of England. It suspended anti-Dissent legislation rather than repealing it and the sacramental requirement for civil officials remained in place. The situation of Dissent under the law was ambiguous and, at least in theory, the freedom of worship gained under the act was incomplete. This article examines Dissenter attempts to clarify their (...) situation under the law and to be free from the Anglican subscription requirement for minsters, schoolmasters and tutors. It focuses on those aspects of their campaigning propaganda which accorded with natural law theory and particularly on the relationship between concerns for the well-being of the community and the assertion of the natural rights of conscience. It finds that pragmatic considerations competed with theoretical prescriptions. Although the language of natural rights was increasingly to the fore in the late eighteenth century, even the more radical Dissenters did not entirely abandon claims for wider toleration based on natural law considerations. It was not until the mid-nineteenth century that natural rights trumped natural law. (shrink)

I offer an argument regarding chances that appears to yield a dilemma: either the chances at time t must be determined by the natural laws and the history through t of instantiations of categorical properties, or the function ch(•) assigning chances need not satisfy the axioms of probability. The dilemma's first horn might seem like a remnant of determinism. On the other hand, this horn might be inspired by our best scientific theories. In addition, it is entailed by (...) the familiar view that facts about chances at t are ontologically reducible to facts about the laws and the categorical history through t. However, that laws are ontologically prior to chances stands in some tension with the view that chances are governed by laws just as categorical-property instantiations are. The dilemma's second horn entails that if chances are in fact probabilities, then this is a matter of natural law rather than logical or conceptual necessity. I conclude with a suggestion for going between the horns of the dilemma. This suggestion involves a generalization of the notion that chances evolve by conditionalization. Introduction "Chances evolve by conditionalization" How might the lawful magnitude principle be defended? A historical interlude What if chances failed to be determined by the laws and categorical facts? (shrink)

This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, and shows (...) how Thomas Hobbes's political theory can best be understood against this background. In general, the book enables us to understand more fully the characteristics of the natural rights theories available to the men of the Enlightenment, and thereby to appreciate the complexity and equivocal nature of modern right theories. (shrink)

Touching on issues of power, authority, and domination, Manhunts takes an in-depth look at the hunting of humans in the West, from ancient Sparta, through the Middle Ages, to the modern practices of chasing undocumented migrants. Incorporating historical events and philosophical reflection, Grégoire Chamayou examines the systematic and organized search for individuals and small groups on the run because they have defied authority, committed crimes, seemed dangerous simply for existing, or been categorized as subhuman or dispensable. Chamayou begins in ancient (...) Greece, where young Spartans hunted and killed Helots as an initiation rite, and where Aristotle and other philosophers helped to justify raids to capture and enslave foreigners by creating the concept of natural slaves. He discusses the hunt for heretics in the Middle Ages; New World natives in the early modern period; vagrants, Jews, criminals, and runaway slaves in other eras; and illegal immigrants today. Exploring evolving ideas about the human and the subhuman, what we owe to enemies and people on the margins of society, and the supposed legitimacy of domination, Chamayou shows that the hunting of humans should not be treated ahistorically, and that manhunting has varied as widely in its justifications and aims as in its practices. He investigates the psychology of manhunting, noting that many people, from bounty hunters to Balzac, have written about the thrill of hunting when the prey is equally intelligent and cunning. An unconventional history on an unconventional subject, Manhunts is an in-depth consideration of the dynamics of an age-old form of violence. (shrink)

Scientific advancement is inextricably linked to cultural advancement, and historically the arts have worked hand in hand with technological change. This essay explores some of the connections that exist between science, technology, and the arts, privileging instances where technological change resulted in new forms of artistic creation. Although the role of the arts in contemporary society has ebbed in comparison to that of technology and science, the essay argues that quality, meaningfulness, and longevity are key components in how (...) the arts can retain cultural value in today’s technocentric world. It explores significant instances from the history of music and visual art as the authors make the case that the methods of science and art are both distinct yet commensurate in their ability to shape the values and ideas of contemporary society. (shrink)

June 2022 A Revolutionary New Metaphysics, Based on Consciousness, and a Call to All Philosophers We are in a unique moment of our history unlike any previous moment ever. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. As I write, the planet is in deep trouble, heat, fires, great storms, and (...) record flooding, weather patterns drastic everywhere. Capitalism has been so successful in supplying us with an endless array of consumer items, that we have never noticed there is a cost. But there is a cost, the cost is the very life of the Earth herself, and now the day of reckoning is here. Days of reckoning are most often days of rath. But I am hoping that this is a day of major Awakening over the entire planet. We have caused a crisis so great for the Earth we can hardly get our minds around it. But I am proposing that deeply embedded in the crisis are ideas, about who and what the Earth is, Ourselves, and what we are here for. I am proposing that this is a call to all philosophy and philosophers to rethink ourselves from the ground up. The human race has never gotten the Earth right and now we must, for the Earth is the true foundation for civilization. We are in deep trouble with the Earth, and it owes to the fact that the great male thinkers never got the Earth right, they could never make the connection between the life of mind and the life of the Earth. I am proposing that deeply embedded in the crisis we are in are ideas. And that in fact the planet is in the grip of a false metaphysics, and scientific image of nature that really comes most recently from Descartes. His conviction that matter, and with it the Earth, are simply the weighable, the measurable the extended in space and time, utterly devoid of any inner life of mind thoughts or Consciousness. This view of matter and the Earth goes back to the very dawn of thought, Descartes is just its most recent and comprehensive version of things. This view of matter is really a false metaphysics that dominates most of the modern world and underpins the whole scientific image of nature itself. I am proposing this is a false metaphysics and offering a new version of things based on Consciousness. If there is a single idea fueling and driving the destruction of the planet, it is the conviction that the Earth is something without Consciousness. When you intend to ravage and savage the planet, turn it into consumer items to be converted into money in the bank, first pretend that all of the bright beings in the natural world are devoid of Consciousness, just “things” you do not have to have any conscious about destroying them. I am proposing that this term Consciousness, that has appeared as term and a problem for modern science, is the key to getting ourselves right with the Earth. I propose this new theory for science will ramify into every other disciplines as well, and the ways we think just about everything. This old paradigm based on a false theory of matter, has run its course, it has brought us to the brink of our own extinction. We need new ideas, and we need them now. You will find my recent work in the Scientific God Journal under the title: Consciousness as the Organizing Principle, and a very complete version of my arguments for this term Consciousness, along with radical reinterpretation of modern science itself, on the Galileo Commission site. It is a radical moment for all of the thinkers among us, take this as my small contribution to rethinking ourselves in new terms, based on my understanding that the true basis for the whole of Being, the Universe, the Cosmos, and with them Ourselves, is this term Consciousness. And unpack it. And I predict that with this term Consciousness every intractable human problem in both science and the modern world will go down like a line of dominos before it. And so, here are a few new ideas I would offer you. These are the times of the Reappearance of the Feminine, a great Awakening as of Springtime after a long dark and lonely Winter. We are leaving behind us an old civilization based on male dominance, fear lies and control, now in decay, disease, and death disintegrating all around us. We are moving into a whole new civilization based on Love and Truth. A new civilization requires new basic terms values and first principles. And so, I return to Descartes. 1. Just over 300 years ago a young man travelling with the army found himself stranded in a foreign town in a bare room lit by a candle with nothing to do but think. And in a couple of nights Descartes laid the entire thought foundations for modern science and most of the modern world. It isn’t clear that modern philosophers with their funding sources of grants, their graduate students, their reputation and all the perks and privileges of academia can do any better. Descartes claimed there are just two principles in the Universe, Matter and Mind. God was pure mind; human beings were mind and matter. And we are the only ones on the planet with mind. Everything else all of the bright array of beings who share the planet with us are simply matter. And matter? The weighable the measurable the extended in space and time utterly devoid of any inner life of thoughts, feelings, or Consciousness This classification was a boon for developing science. Scientists did not have to worry about any inner life in nature, ideas or Consciousness, they could just set about weighing and measuring, as they have until the present day. But it was a disaster for the Earth. Earth was once worshiped as a Goddess. With Descartes she became almost overnight “things.” Simply commodities and resources, an endless of supply of consumer items, to be turned into money in the bank. And now Descartes concept of matter is up for us. If there is a single idea that is enabling and driving the destruction of the Earth, it is the conviction that Earth is something without Consciousness. This whole scientific image of nature as something devoid of Consciousness is driving the destruction of the Earth, and driving us all insane, and it needs to change. Ever since Descartes formulated Dualism, scientists and philosophers have been trying to get rid of it. They have done this by attempting to make matter the fundamental term of reality, and to explain mind or Consciousness in terms of matter. And now, Consciousness has emerged as term and a problem for modern science. 2. The prevailing Universe picture has been mainly based on the belief that Consciousness appears only at the end of evolution in ourselves and some of the higher animals when matter attains “a certain state of complexity” and it is produced by neurons in the brain. But Consciousness is nothing real in itself, the neurons are doing the work, Consciousness is simply a byproduct of neural activity. As William James summed up this position, not his: Consciousness is to the brain as a shadow to the runner, it runs beside him but never influences his stride. And so, the great problem of neuroscience: How do neurons produce Consciousness? So far, no one has been able to say how. All we have is parallelism. Two processes are running in parallel a train of neural events and a train of Consciousness events. And so, which one is primary? The face of neuroscience and much of the modern world is that the neural events are what is really real, Consciousness is secondary. The conviction that Consciousness is something produced by neurons is so deeply held and has been so for so long, that it seems like an obvious fact. It is in fact an assumption and a theory, and it could all well be the other way around. The scientific image of nature as something devoid of Consciousness is now up for us. It has enabled the destruction of the Earth, and we are now at a unique place in our own evolution where we can foresee if we continue on as we are, our own extinction. And so, there are the best reasons for rethinking Descartes concepts of matter. Scientists and philosophers have been trying to escape dualism by making matter the fundamental term. And now, this has not worked. In a nutshell: The mind body problem, the “hard problem of Consciousness” ---how do neurons in the brain, atoms and molecules give rise to ideas thoughts and feelings and who what and where is the “I” who sees them? And then, the near-death experience. I remind you of the truth of the near-death experience. The body in the bed is brain dead eeg flat, but the patient, pure Consciousness is hovering at the ceiling watching the doctors work over the body below, able to read dials he could not have seen from the bed, sometimes able to events in the corridor beyond the room, all subsequently confirmed by the doctors. Evidence as good as it gets that the patient really was out of his body. And so, the patient is able to see without eyes, hear without ears and to think and remember without a brain. There is not a single scientific principle that can account for this. And I am proposing that the near-death experience is a threshold and a key for a much deeper understanding of the Universe. These three problems are so hard they cannot be solved by present scientific principles and therefore call all present principles and ways of thought into question. When your axioms cannot account for the data, it is time to drop them and find better fundamental terms. We have not been able to solve the problems of Consciousness with the assumption that matter is the most basic and fundamental term. And so, if Cartesian dualism is to be overcome at all, we need to try it the other way around. 3. We are in the position of Copernicus. Remember Copernicus? He was making his calculations on the assumption that the Earth was the center of the Universe until they became so unwieldy that he decided to try it all the other way around. To make the sun the center, the Earth revolving around it. And lo, all of his data fell neatly into place. I am proposing a whole new Universe picture. Evolution makes us continuous with every other being, Consciousness would not be in us if it were not in them also, and then, in the atoms and molecules and cells that make up living beings. I propose to make Consciousness the most basic term and see what follows. I am in fact, proposing a new Copernican Revolution, that Consciousness is the true basis for the Universe and the right fundamental term, for science itself all other disciplines as well, and the whole of the modern world. And I predict that every intractable problem in science or the modern world, will go down like a line of dominos before it. In a nutshell: Consciousness and not matter is “first and fundamental” in the Universe, it is there from the very “Beginning” everything has it and all of the true causalities, the explanatory principles belong to it. Not to matter. What then is matter? All matter is an Appearance of something much more real, Consciousness. All matter is an expression of Consciousness, even the least little bit of matter contains Consciousness, and is an expression of Consciousness. And so, we revise the scientific image of nature. Science at present is two termed, matter/energy. It needs to become three termed: Matter/energy/Consciousness, with the recognition that all of the basic principles, the true causalities of events, and of the Universe belong to Consciousness. And now physics. To accommodate this new Universe picture physics needs to alter just one term, energy. All energy contains Consciousness, that idea alone will change our world forever. The animals the trees the plants are just as conscious as we are, as is the Earth herself, a continuum of many forms of Consciousness of which our own is one. The Earth consists of interacting and intersecting forms of Consciousness, Consciousness within Consciousness within Consciousness within Consciousness. A remarkable work has just appeared entitled “Beyond Words What Animals Feel and Think.” Describing in detail how like ourselves all of the animals are. And the more we can see how like us everything else really is, the harder it will be for us to do them all in, in the interest of turning them into consumer items. And so, here is a new principle of understanding, that entails completely new forms of explanation, and a whole new Universe picture to be spelled out in terms of Consciousness and its various properties. This is a Universe that is aware awake and Enspirited throughout. And so, there is only one principle, not two. And so, how does Consciousness work? There is “no mind/body problem.” My Consciousness is aligning the Consciousness of neurons in the brain, that aligns the Consciousness of all other cells in the body, that aligns the Consciousness of molecules and atoms themselves. Mainly from the top down, but also interactive, and not reduction to the purely physical forces. 4. And so, here is a radical new Universe picture, and with it a new way to think about the Universe itself, the Earth, Ourselves, and Spirit. It requires a complete revision of both of the terms of modern science itself. The problem of the modern world owes in deep measure to Descartes concept of matter as something devoid of interior life. But he is only the most powerful and simple expression of a whole tradition of thought that predates him, that goes back to the very dawn of thought itself. It owes to the conviction of both Plato and Aristotle that the Earth was something devoid of reason, or mind, and therefore something to be held in complete contempt. We are emerging from a civilization based on contempt for the Earth, and down the road, it will become contempt for the body, sex, women, the Native people, and people of color everywhere. And so, this entire tradition is now up for us, it has brought us to the brink of our own extinction, and we need to get beyond it. I am proposing that this term Consciousness is the way out. The missing piece of the puzzle and the idea whose time has come. And it will enable us to move into a completely new civilization based on respect for the Earth, women, sex, people of color, that honors everyone and has a place for all. Revolutions in science occur when new data show up that cannot be accounted for by existing paradigms (Thomas Kuhns: The Structure of Scientific Revolutions). Consciousness, and all the properties and problems of Consciousness are just such data, and they compel a new scientific revolution. But we are a scientific age. A new Copernican revolution in science is such as revolution everywhere. And Consciousness is the key to getting every other reality at all levels and depths right as well. It will enable us finally to get the Earth right, get ourselves right with the Earth, and with one another. Archimedes: Give me a place to stand, and I will move the world. I am proposing a new synthesis among our fundamental terms in which this term Consciousness is the new lynchpin. And so, I return once more to Descartes. Descartes in the Mediations was a dualist, they were two realities interacting in the pineal gland mind and body. But Descartes age was high on “Cartesianisms,” on Descartes concept of matter. Animals were simply cleverly wired machines (Hobbes called them automata). Rumor had it that Descartes followers went about kicking dogs reasoning that their howls were not due to any feelings of pain, but simply the wiring of the machine. We have been doing this to the Earth ever since, and now the Earth is not going to stand for it any longer. It is time we all woke up. There is no matter in Descartes sense of it, or in Plato and Aristotle’s sense of it. This old concept of matter is embedded in all of the crisis and catastrophes---fires, drought, pandemics, over population, the disintegrating economies, our ways of life, capitalism and consumerism themselves. All matter is Enspirited, contains Consciousness, and is an expression of Consciousness. Now I tell you something about Descartes you may not know. In the Mediations was a dualist, there are minds and bodies. But by the end of his life, he knew the truth. Descartes guided his whole life by these vivid dreams, and toward the end of his life he had this dream: He saw the Universe as a giant machine and in the heart of the machine propelling the whole, was Consciousness. And so, out of the shades and shadows and into the light of day. Here is a renewed and a new science, a new cosmology. And with it, a revolutionary new metaphysics. The whole of the modern world is in the grip of a false metaphysics, based on Descartes theory of matter. Here is a new, and finally true metaphysics based on the single term, Consciousness. 5. And in all my works, I spell out this new metaphysics based on Consciousness, and what it means for how we think about virtually everything: The Universe, the Earth, Ourselves, and Spirit. Of who, what and where Spirit is, that we may connect with Spirit everywhere. There is only one term for the Universe, and not two, this single term Consciousness, that manifests itself in two modes: Consciousness in Form, Consciousness Formless. And so, here is a sketch of what this new term Consciousness really means. For four great aspects of the real, four new cornerstones for a whole new civilization on Earth, based on Love and Truth. A. For the Universe: New causalities, all matter is an expression of Consciousness, awake and aware, Enspirited throughout, which has a place for the causalities of love ideas intent plan and purpose, what Aristotle called final causality, that for the sake of which. And it has a place for subjectivity, the greatest mystery in the whole of the Universe, knowable only in ourselves, but there in everything else as well, bedrock in the chain of causalities. The buck stops here. Here are two very different Universe pictures. The Cartesian Universe consists of things, pushed, and pulled around by the physical forces that function blind. The true Universe consists of selves and not things. Selves at least in ourselves, are organized and focused about an I, an I am, or a sense of self in everything, ever other being dear to itself. Just one aspect of subjectivity. And so, it is Consciousness all the way down, and subjectivity all the way down. Science proceeds on the basis of the negligible of what it can leave out as unimportant. Subjectivity is the ultimate animating principle of the Universe. What Descartes really did was to strip from nature what is most essential about it, its animating principle Consciousness. And so, we come out of a long history of “clunk.” The great male thinkers have killed creation. First in concepts and now in the lived life. And so, after centuries of fruitless search, not all of it in vain, finally, and just in time the true basic principle for the Universe has shown up in virtually all disciplines, this term Consciousness. B. And so, the Earth: What does this term Consciousness really mean for the Earth? It means that all of the bright array of beings around us have Consciousness. And the more we can realize how like us they are, the harder it will be to do them all in. Is this what it really means to be “made in the image of Spirit?” To destroy ever other living being? The god of Genesis is a creator god who has created billions and billions of living forms. Man, taking himself to be made in the image of Spirit has destroyed virtually all of it. The Earth is not things, not commodities and resources, not an endless array of consumer goods. The Earth consists of conscious living spiritual beings like ourselves, who need to be honored and respected, nurtured and cared for, to be Loved. And if the human race can finally pull it off and bring Love here and start helping the Earth rather than destroying her, even our vast numbers now at 8 billion, may not matter. Deeply embedded in the modern world is a false cosmology based on the hitherto useful but ultimately false metaphysics of Descartes. In particular it owes to Descartes concepts of matter, and of the Earth, as something devoid of Consciousness. And now this concept is up for us. If there is a single idea enabling and driving the destruction of the planet, it is the conviction that the Earth is something devoid of Consciousness. And we all have a vested interest in keeping this false concept in place. When you intend to ravage and savage the Earth, to turn it into consumer items, and money in the bank, first pretend she has no Consciousness that way we need not have any conscious about it. We are in deep trouble with the planet. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. And so, here are a few new guiding principles for the planet, based on Consciousness. Consciousness has field properties. The Earth is Consciousness throughout, connected and interconnected throughout, intersecting and interacting fields of Consciousness of which our own is one. To harm one is to harm all. Only this understanding of the Earth can set our destructive technologies, and capitalism, their goals, and their limits. The real problem with capitalism, and with civilization itself is it has no true understanding of the Earth, all the exquisite networks and webworks that connect all beings with one another. Nor it is about to admit that the Earth is our “life support system,” reason gone insane in the modern world. We are destroying our life support system, capitalism is the full expression of the human death wish in the modern world, and it needs to change. And now, let the barriers between ourselves and all other beings go down. C. And so, Ourselves. This new Universe picture based on Consciousness opens into and has a place for new concepts of human identity. In particular, it has a place for reincarnation, a process whereby one Consciousness dons’ bodies again and again and lays them down. This is a process wholly impossible on materialistic theories. This new view of things puts a higher perspective on Freudian determinism, which is a partial knowing in a greater account. We are something more than the victims of genes drives and childhood. We are immortally eternal evolving spiritual beings who take on a cycle of earthly lives in order to achieve certain goals and abilities, and then, our earthly cycle complete, we depart the Earth plane for other areas of the Universe physical or purely spiritual, to continue our evolution elsewhere. The scientific evidence for reincarnation is increasing on all sides, see for example the work of Michael Newton, a mainstream scientist forced to confront the fact of reincarnation. A completely new reincarnational picture is now emerging everywhere. We choose our parents for abilities we could acquire through them. We all come here with reasons for being here, and we all have free will, an original property of Consciousness, and we work out our issues accordingly. We all come here with the same reason for being here. It is to experience the Earth plane and human society at all levels and depths, in every social role, every climate, both sexes male and female and in all races. We are all here to acquire a deep understanding of the Earth plane with all its challenges and all of its present problems. We are not here to devour and consume the Earth, but to honor her for the learning experience she makes available for us. And so, reincarnation is the great equalizer, the fundamental basis for any bill of rights. Many of the problems of the modern world owe to the fact that reincarnation has not been taught in the West. Reincarnation was the center piece of Jesus teachings. It was banned by a fourth century council that decided the populous could best be controlled through fear. They edited all mention of reincarnation from the scriptures, and inserted fear terms instead, a judgmental god, and so on. If reincarnation had been taught, there would have been no suppression of women, but the gift of both sexes would have been honored and developed. And there would have been no reason for contempt for people of color because who they are, we have been or will be. There is no reason to look down on anyone when we know that our own identity includes membership in theirs. The truth of reincarnation needs to be the foundation for getting ourselves right with the Earth, and with one another. D. And so, Spirit. This new Universe picture, based on Consciousness, has a place for Spirit as simply Infinite Consciousness. All universes all worlds are formed out of this Consciousness, divine and sacred throughout. And Spirit is everywhere in the Earth and can be connected everywhere. And the Native North American people had things right. Everything has its own Spirit, and without contradiction is also an expression of Spirit. And what I am really doing in terms of concepts of modern science is presenting the Native North American version of the Real. And this new Universe picture has a place for the essential insight of all religions almost smothered by church tradition: Love. Not an emotion but a great Oneness, that can be found everywhere, even in a busy city street. But especially in the Earth, that is levels and depths of Oneness everywhere. And so, for the first time in their long and bitter antagonistic history, science and religion now share a common base with this term Spirit, the lynchpin in a new conceptual framework. And I offer an interpretation of where we are in our history, this present moment of historical grace, and these tumultuous times in which we live, the return of the Goddess and the Divine Feminine, the Reappearance of the Feminine in history, the Advent of Women, this great Awakening, as of Springtime after a long dark Winter, the Awakening, the Second Coming. And so, stay tuned! (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that (...) the 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)

In the twentieth century, two Nobel-Prize winning economists wrote two seemingly unrelated characterizations of the processes constraining human behavior. One, Ronald Coase, wrote a short article entitled The Nature of the Firm,1 in which he reduced all managerial decision-making to a fundamental choice between making the factors of production, or buying them. This article and the idea of the "make or buy" decision for which it has come to be known, have proven to be among the most seminal in the (...) history of financial economics and organizational behavior. The second economist, Friedrich Hayek, wrote what he thought to be a comprehensive treatment of the approach that ought to be taken to the generation of rules constraining human interaction. This voluminous work, Law, Legislation and Liberty, characterized the creation of legal rules as the product of either spontaneous or planned orders. Hayek argued that spontaneous orders like "law" were more efficient mechanisms for governing human behavior than planned orders like "legislation." 2 This thesis received a lukewarm reception generally, and virtually no reception at all in legal circles. This Article demonstrates that Coase and Hayek were actually making the same observation, albeit in different contexts. Hayek's conception of the two sources of order is, in fact, a more abstract application of Coase's "make or buy" decision. Had Hayek understood his characterization of legal processes to be a variant of Coase's "Theory of the Firm," his ideas may have received more traction. Lawyers, judges, and lawmakers may also have understood some of the implications of Hayek's thesis for constraining legal actors, as well as its applications in current debates on the scope of administrative agency authority, tort reform, or the use of legislative history in litigation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul SagarJames A. HarrisPaul Sagar. Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics. Princeton, NJ: Princeton University Press, 2022. Pp. xii + 229. Hardback, $37.00.Paul Sagar's invigorating book is a reconsideration of Adam Smith in the sense that it challenges much that is received wisdom in current scholarship. First (...) and foremost, it rejects the idea that Smith was preeminently a moral philosopher concerned with the threat to civic virtue posed by commercial society, and yet intent on giving commercial society a moral vindication nevertheless. Sagar—rightly, in my view—wants us to recognize Smith as having been a political thinker. Too much work on Smith still assumes that there is not much to say [End Page 323] about his political thought because he regarded all but the most minimal government as an obstacle to the proper functioning of markets. Smith is supposed to be a "classical liberal" bent on preserving as much natural liberty as possible in the face of government's relentless overextension of its powers of regulation. In Adam Smith's Politics: An Essay in Historiographic Revision (Cambridge: Cambridge University Press, 1978), Donald Winch rejected that approach to Smith in favor of a portrait of the author of The Theory of Moral Sentiments and The Wealth of Nations as an eighteenth-century thinker with an eighteenth-century thinker's concerns. Sagar's project is quite different. This is a book on Smith's political thought that does not once deploy the term 'Whig.' Sagar's Smith does not wholly float free of his historical situation—the questions he addresses are those posed by the end of feudalism and the advent of modernity—but situating him in the particular circumstances of Britain in the age of revolutions is not Sagar's concern. As Sagar sees it, the fundamental issues addressed by Smith's political thought concern the distinctive form taken by commercial society in the modern era. Smith, according to Sagar, held that all advanced societies are commercial societies. Commercial society as such needed no vindication. The question, rather, was what kind of commercial society a modern state wanted to be. That was a political question insofar as it was a question about the kind of freedom that mattered and about the kind of institutions needed to make that freedom a reality.Defined in maximally general terms, freedom for Smith was the absence of domination, where domination is understood as a lack of security in respect of one's physical safety and possessions. The condition of the poor and powerless had always been one of subjection to the will of the rich and powerful. What changed that, according to Smith, was implementation of the rule of law. This is in itself not a new reading of Smith, but what distinguishes Sagar's version of it is the care with which he examines both the place of the rule of law in Smith's historical account of the emergence of liberty in modern Europe and the precise nature of the connection between the rule of law and freedom. First, on Sagar's view, there needed to be a comprehensive picture of domination and slavery, which had been the normal condition of almost everyone for almost all of human history. Then there needed to be an explanation of how it was that, at one particular historical moment, domination was slowly but surely challenged by the emergence of law and law courts considered as independent of political power. In England, this was the story of the common law and of judges who held office for life, rather than at the pleasure of traditional possessors of power. It was the story of security in property, of the backing of property by law, and it was a largely urban story, of burghers who managed to enlist monarchs on their side in the battle against the barons. It was, in other words, in large part a medieval story, and one consequence is that there was more to say about the rise of liberty in the modern age than that it was caused inadvertently by... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 273 my judgment, in the fact that he has limited the historical inquiry to the scholarly study of documents and discussions without showing those cultural, social, psychological, and economic motivations which formed an accompaniment to the individual protagonists of the discussions. The motivation for what a philosopher says is not justified by revealing only his most immediate opponent's name and ideas, but by showing, as Goldmann (La (...) communautd humaine chez Kant, Paris, 1948) and, very briefly, Stark (The Sociology of Knowledge) did, the reason for his thinking and his presuppositional needs. In the case of Kant, it is obvious that we cannot leave out his pietist formation, the fears about the French Revolution and Hume's scepticism. The historicity of a study cannot be limited to the history of polemics or to the discovery of documents which, theoretically, add nothing to what an author has already stated in his works. The vast philological material Pupi has gathered, seems to me very good, and it represents, I think, the greatest value of Pupi's work, because of its usefulness in the field of the sociology of knowledge. And to this field I take the liberty of referring Pupi for an example of a method that is historical and not tautological. ANTONELLA GUARALDI Kant und der Friede. By Wilhelm Miiller. (Diisseldorf: Monitor-Verlag, 1962. Pp. 16.) Perpetual Peace records the noble and humane dream of an old man. Such dreams are not without historical precedent, but rarely have they been invested with the earnestness and the conceptual rigor of a Kant--even of a Kant in his declining years. This short essay is at the very least a minor but noteworthy contribution to political theory. Its main thesis call be simply stated. A truly lasting peace can be achieved only through the agency of a world federation of states operating under moral law. The moral law in question is an extension of the guiding principles of Kant's ethics from the private to the public sphere. It is contrary to the dictates of reason as well as of moral conscience to suppose that political order may be conceived or established apart from or even in opposition to moral law. A state or nation, Kant declares, is a free moral person, possessed of an inviolable integrity, not to be exploited as a thing for purposes of aggrandizement on the part of other states. Were that all that Perpetual Peace contained, the essay would stand as testimony to Kant's political idealism. But he pursues with equal seriousness the question of how such an ideal might be realized in practice. Underlying Kant's federalism is his republicanism, his insistence that the only sound civil constitution is one in which each citizen is free, equal, and fully represented under common law publicly promulgated. It is Kant's contention -perhaps less naive today than it might have seemed earlier in this century--that where the consent of the subjects is required, as it is under a republican form of government, to decide whether or not there shall be war, they may be expected to think twice before bringing such sufferings upon themselves. Further, Kant sees in the ever-tightening and expanding web of international relations a natural deterrent to war, since any war will increasingly involve most if not all of mankind. Both considerations appeal, not to the questionable good will of politicians, but to enlightened self-interest. Finally, Kant lays down a series of "preliminary articles" whose purpose is to specify the conditions without which perpetual peace, as things stand, will not even become a real possibility. Among the principles here formulated are that a peace treaty is invalid if made with secret reservations, that the autonomy and constitutional integrity of independent states must be preserved, that standing armies must gradually be abolished, that national debts shall not be contracted externally, and that in the event of war "dishonorable stratagems" such as assassination, 274 HISTORY OF PHILOSOPHY poisoning, spying, etc., which would render postwar mutual confidence impossible, shall not be countenanced. It is mainly with an eye to these preliminary articles that Professor Wilhelm Miiller argues for Kant's relevance to contemporary... (shrink)

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

For Thomas Aquinas, the creator of natural law is a personal, substantial, and relational God. For Laozi, it is an impersonal, non-substantial, self-manifesting dao. There are similarities, and this article will consider several of them. For Thomas, the act of creation comes from God, and for Laozi the giving birth of the universe is from the dao’s unconditional generosity. Thus it is possible to compare the way in which the world-originating generosity of God generates the moral law and the (...) way in which the self-manifesting dao generates the moral law. In Thomas’s view the natural law is the rational participation of the human being in God’s eternal law. Laozi’s heavenly dao governs all things in the universe, and for this reason human beings and their techniques should comply with dao. Thomas emphasizes human freedom of will and the responsibility to pursue what is good and to avoid what is evil. Laozi emphasizes the objectivity of heavenly dao without any reference to human freedom of will or individual responsibility. With religious Daoism there develops the idea of collective responsibility and the divinization of dao, a point that invites further comparative study of Thomism and Daoism. (shrink)

SUMMARYThis article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of (...) natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway. (shrink)

For me the history of the battle for fundamental values of our civilization began in the mid-1990s. At that time three major conferences took place: the International Conference on Population and Development in Cairo in 1994, the 1995 World Conference on Women in Beijing and the Conference on Human Settlements in Istanbul in 1996. Surprisingly to most governments and international public opinion they became the battlefield of the war of ideas, which was especially significant during the conferences in Cairo (...) and Beijing. The liberal circles fiercely attacked traditional values which constitute the basis of the international order. Among others, it was the right to live and the institutional family which were especially attacked. There was even an attempt to replace the word family with partnership. The Polish delegation for the conference in Cairo was instructed not only to support the idea of strengthening the family as a basic unit of society, but also to insist on accepting the common definition of marriage as a union of a man and women and defend the position that abortion cannot be treated as a method of family planning or birth control. The discussion at the Cairo conference evolved into a battle for the right to kill unborn children as a method of family planning. Among the Holy See and Poland, it was the countries of Latin America and Muslim countries including African Muslim countries that spoke in defence of traditional values. At the Istanbul conference, also thanks to the Polish delegation, the family was acknowledged as a natural subject of housing policy. In the years 1999, 2000 and 2000 three UN special sessions were held: Cairo +5, Beijing +5 and Istanbul +5. The Polish representation played an important role and the instruction for the Cairo delegation was fulfilled and remains valid.Although the documents of UN Special Sessions are not legally binding for the UN member states they are important for UN policy agendas e.g. economic help for third world countries. It is possible to define the problem of famine as a one of the overpopulation and think of sending condoms to the starving as a solution. There is another consequence of such documents and their language: they influence the public opinion and, after some time, they have an impact on rules of law in the UN member states. That consequence indicates the importance of that battle for the quality of life in the contemporary world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 410-411 [Access article in PDF] S. P. Ward. Penology and Eschatology in Plato's Myths. Lewiston, NY: Edwin Mellen Press, 2002. Pp. v + 295. Cloth, $99.95.In this work the author begins by asking himself the following question: What is an eschatological myth? The adjective "eschatological" indicates that the discourse it qualifies is concerned with the last things; that is, death (...) and the judgment of souls that follows it. Hence, the relation that may be established between eschatology understood in this sense and penology, which refers to the punishments the soul undergoes at the end of its earthly existence. As far as the meaning of 'myth' is concerned, the author, influenced by G. S. Kirk (The Nature of Greek Myths [Penguin, 1974]), adopts a relativist position. He does not think it possible to give a general definition; therefore, he limits himself to pointing out some of the characteristics of this type of discourse, on the basis of passages from the Platonic corpus which are usually considered as myths.Having set his analytical tools in place, the author proposes a commentary on the eschatological myths at the end of the Gorgias (523a-527e), at the end of the Phaedo (107c-115a), at the end of Republic X (614b-621d), in the Phaedrus (246a-249d), in some parts of the Timaeus (42b-d, 91a-92c), and in the Laws (903a-905d). He then examines the relations between penology and eschatology in the dialogues of the first period, the intermediary period, and old age.Although Plato takes his inspiration from traditional myths, those that appear in the dialogues are distinguished from traditional myths by two features: a scientific background, which indicates an influence from the Presocratics; and the role played by elements proper [End Page 410] to the Platonic doctrine. The insertion of considerations of a scientific nature into myths makes them more credible, but is not enough to make them into true discourses. Thus, the question of the relation in Plato between these myths and his philosophical doctrine remains open. Nevertheless, and although it is sometimes difficult to justify particular points in the myths, it is still true that we can note a great deal of coherence between what they recount and the ethical questions developed in the dialogues in which they appear.In spite of this consistency, one observes an evolution in the way these myths are presented. In the Gorgias, the punishments inflicted on the soul by the gods are presented as intended to make the soul better. The idea of reincarnation plays no role here, but it is present in the Phaedo. In this dialogue, however, the question arises of how to harmonize reincarnation with post-mortem punishments which, because of it, no longer seem to be necessary. In the Republic, emphasis is placed instead on the role of individual responsibility in the process of reincarnation. The Phaedrus continues in this direction, but is characterized by its allusions to the theory of intelligible forms. In the Timaeus, by contrast, Plato abandons the theme of a way of life and that of the judgment of souls, for a vision of the process of reincarnation that is integrated, not without difficulty, within a cosmological vision. The Laws continue along this path.This analysis shows that Plato evolved on questions of eschatology and penology, even if he did not radically change his mind. Yet there is one point on which he never varied: even if he did not establish precise frontiers between science and religion, Plato never thought his myths to be true discourses, but he always considered their capacity for ethical edification and their pedagogical value.This work is clear and well structured. It is completed by a bibliography and a general index, is easy to read, and presents a genuine usefulness. One also notes, on the part of the author, a good overall knowledge of the whole of Greek literature, from the origins to the end of Antiquity. Nevertheless, three criticisms may be made: (1) This publication merely reproduces the format... (shrink)

In this article Hobbes's view of the commonwealth, and of law and liberty within it, is discussed from the point of view of social ontology. The artificial character of the commonwealth and the constitutive function of the covenant is put in terms of the institutional world being constructed through collective intentionality, which is performative, self-referential, and collective, and which serves as truth-maker. Hobbes is used here to make the point that it is a mistake to argue, as for (...) example Tuomela has done, that the construction of institutions require a joint commitment: we-attitudes held in the we-mode. Instead, institutions on a `Hobbesian' model are constructed by we- attitudes held in the I-mode. This analysis is used in a discussion of law as an institution and law serving as a constraint on freedom. The constructive character of law means that the idea of law can serve as a constraint even in an area of life where in actual fact is unregulated. In order to assess whether liberty can be said to be infringed when that happens we need to go back to the notion of an external constraint, appreciating that what agents there are, what they can do and the powers they possess are functions of collective attitudes conveying meaning and status. (shrink)

This essay draws attention to the importance of Montesquieu’s earliest and unpublished writings on liberty for our understanding of the famous eleventh book of the Spirit of the Laws. Montesquieu’s investigation of the nature and preconditions of liberty, the author argues, was much more polemical than it is usually assumed. As an analysis of his notebooks shows, Montesquieu set out to wrest control over the concept of liberty from the republican admirers of classical antiquity, a faction that (...) he believed to be dangerously populist and revolutionary. In order to do so, Montesquieu came up with a redefinition of the concept of liberty that allowed him to argue that monarchical subjects could be just as free as republican citizens. This conclusion has important implications not just for our understanding of Montesquieu’s writings but also and more broadly for our understanding of the intellectual history of liberalism. (shrink)

Samuel Pufendorf’s major work on natural law, De jure nature et gentium, included a long chapter on the power of the civil sovereign to determine the value of citizens. There, Pufendorf identified several forms of esteem (existimatio), according to which human beings are ranked in social life. The article argues that behind Pufendorf’s discussion of this topic was the idea that the way people esteem others and want others to esteem them has profound consequences for maintaining peaceful social life (...) and is therefore morally regulated by the fundamental natural-law duty to maintain sociality. The article explores the key elements of Pufendorf’s multifaceted analyses of esteem, making apparent how they were connected to sociality. The article also analyses Pufendorf’s argument for the duty to esteem other humans as one’s equals by nature, questioning the view that this relied on the idea of human dignity understood as an intrinsic value of human beings. Pufendorf’s argument for this duty was a part of same project as his analyses of existimatio, namely, to define how natural law regulates the way human beings esteem each other, and it relied on his observations concerning the character of human self-esteem. (shrink)

Nature and civilization are often regarded in opposition to each other. However, civilization employs technologies and is based on laws of nature. Also, the historical world is a result of the development of the natural world. An “anti-nature” must thus be contained somewhere within nature. The idea of “ anti-nature ” is neither alien to the Eastern nor to the Western traditional concepts of nature. The philosophy of Lao Zi never embraces mere naturalism. Lao Zi has observed that things (...) in the world are not always “ so on their own ” but rather in the mode of anti-nature. A nti-nature in nature itself does not become expressive until Christian theology, in which the origin of evil is reflected upon. The last part of the paper begins with one Buddhist thought expressed in the Diamond Sutra: “The world is not the world that is named the world.” Through naming of a thing, this thing is objectified or substantialized, and an objectified thing is not the thing itself. This self is “ śūnya ”, a non-world, which is what the world is. This non-world (as well nature) is first and foremost concealed by ego-consciousness that tends to objectify the things. E go-consciousness as this anti-nature tends to conceal this non-nature, and begins to act in the form of technology. The radical way of solving the problems caused by this “anti-nature” must begin with gaining an insight into the nature of ourselves as well as the nature of technology. (shrink)

The relationship between the political theory of Rousseau and modern natural law continues to be the subject of debate, both with regard to Rousseau's faithfulness to the idea of natural law itself and regarding the precise extent of the debt he owed to his predecessors. In this article the author re-examines this relationship by focusing attention on what has been defined as the protestant tradition of natural law. In particular she concentrates on the political and theoretical exercise (...) that Jean Barbeyrac had sought to perform by constructing a particular version of this tradition, namely that of using the science of natural law to promote a policy of tolerance between protestants and to justify the right of citizens to resist catholic sovereigns who denied them religious freedom, as well as the right of protestant countries to come to the aid of persecuted fellow believers. The thesis asserts that Rousseau was fully aware of this exercise, just as he was aware that some of Barbeyrac's ideas had been adopted and reworked by another illustrious Genevan, Jean-Jacques Burlamaqui, a member of the Small Council, to support anti-populist and antidemocratic politics in Geneva. Viewed in this way it is possible to perceive in Rousseau's political thought not so much a “first crisis” of natural law as an intention to reformulate this science from a republican perspective in order to derive rigorous principles of political law from it. And in developing his republican political theory Rousseau took up and overturned the analysis of democratic sovereignty carried out by Pufendorf, who in opposing the “pro-monarchist” excesses of authors such as Hobbes and Horn had unhesitatingly demonstrated the complete validity of democratic sovereignty. ☆ I would like to thank Matthew Armistead for his excellent English translation. The article is a revised version of ‘Rousseau, Pufendorf e la tradizione giusnaturalistica settecentesca’, in M. Ferronato (ed.), Dal “De Jure naturae et gentium” di Samuel Pufendorf alla codificazione prussiana del 1794, Padova, Cedam, 2005, pp. 115–185. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:J. H. Hexter 1910–1996Donald R. KelleyJ. H. Hexter, one of the leading intellectual historians of this century and a close associate of this Journal, died on 8 December 1996. Jack Hexter was a great scholar, talented writer and polemicist, devoted baseball fan, and authentic American humorist, who made wit and facetiousness part of his historiographical tool-kit. He was also an American character, as he made insistently clear in his (...) writings, especially his autobiographical account, “By Any Other Name,” which explained (among other things) why he came to be called “Jack,” why he resisted advice to change it, and other onomastic adventures.Jack taught at Queens College (N.Y., not, he pointed out, the one in South Carolina), 1939–57; Washington University (St. Louis, not Seattle or George Washington U.), 1957–64 and again 1978–86; and Yale University (one did not have to add, “New Haven”) 1965–85, where he was Director of the Center for Parliamentary History. At Washington University he was founding Director of the Center for the History of Freedom, which was devoted to a collaborative, multi-volume study of the history of liberty in the West that would realize the dream that Lord Acton called his “madonna of the future”—the difference being that Jack’s vision is already on the way to fulfillment, with the publication of the volume edited by him on Parliament and Liberty from the Reign of Elizabeth to the English Civil War (1992), followed by seven more volumes up to 1996, with more to come.Hexter published books and articles in a variety of fields, finding notoriety especially in his essay of 1958, “Storm over the Gentry,” and later in public jousts with Christopher Hill and others and more retrospective censures of (among others) A. W. Pollard and R. H. Tawney; and he was a master of the Macaulayan art of the review-essay (collected in On Historians, 1979). His article on “Braudel and le monde braudelien” was a mischievous masterpiece of satire which, according to a private communication to Jack, Braudel himself enjoyed in his Olympian way, including the good-natured charge of excessive appetite for facts—“Je vais me dire: ne joue pas trop au Rabelais, sois sage, ne mange pas tout, n’aie les yeux plus gros que le ventre!” (personal letter, 8 February 1973). Several generations of graduate students learned what was involved in doing history from his “The Historian and his Day” (1954), which (like “Storm”), he enjoyed recalling, was rejected by the AHR. He was amused, too, at learning that his article on “The Rhetoric of History” (written for the International Encyclopedia of the Social Sciences) was a harbinger of the rhetorical turn taken a few years later signalled by the historiographical work of Hayden White and others. He was a pioneer, too, in the intensive study of political languages (Visions of Politics on the Eve of the Reformation, 1973), though he lamented the fact that his work on Machiavelli’s and Seyssel’s political vocabulary had to be carried out before the age of computer technology.My first contact with Jack came through my mentor Garrett Mattingly, who was the contemporary historian Jack “most admired” (as he made plain in his contribution to Mattingly’s festschrift). In 1962 Mattingly told me that the plan to publish Hexter’s translation of Seyssel’s Monarchy of France for the Columbia Records Series had to be abandoned because of the first (I think) of Jack’s several heart attacks. I was able to use the mimeographed version for some years before Jack asked me to take over this project, originally visited on him by C. H. McIlwain. It was his suggestion that [End Page 349] we dedicate the collaborative volume, with nice ambiguity, to both McIlwain and Mattingly (who had also been a student of McIlwain) from “two of their deeply devoted students.”In this brief and perhaps overpersonal note (though nothing could be “too personal” for Jack) I will not add further to the store of Hexterian anecdotes, which I began collecting at Queens College, where Jack had already left the makings of a legend in the 1950s. I would just add... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Alzheimer's Disease, Aging, Chance, and RaceAtwood D. Gaines (bio)KeywordsAlzheimer’s disease, chance, mild cognitive impairment, racism, social constructionsThomas Kirkwood's comments are a welcome, articulate detailing of how and why we age with special reference to the brain. As well, his paper indicates clearly that processes reified as pathology and disease, such as Alzheimer's disease (AD), are in fact common and inevitable as the human brain ages. Doubtless, this is the (...) reason that aging is by far the greatest risk factor for the development of AD. A key notion, briefly mentioned by Kirkwood, is that of chance. He points out that, "cells (will be) burdened with protein aggregates and similar materials that will increase with aging. Once again, which cells will experience this fate and which will continue to function healthily is strongly influenced by chance" (Kirkwood 2006, 80–81). This mention of chance is most important for our paper, "Building a Mystery," and for an understanding of science as well. In "Building a Mystery," Peter Whitehouse and I sought to show that the history of AD was not inevitable and demonstrates a variety of chance and singular decisive occurrences of encounters, interpretations, social movements, government initiatives, and technological developments. Such decisive moments do not occur by virtue of some (natural) lawful process that is unfolding, but rather, these are chance events that could have happened in other ways. Indeed, science has been viewed as human attempts to "tame chance" (Hacking 1990). However, it often does so by sleight of hand, misinterpretation, and the biomedical discourse of hope. Increasingly, we are learning that chance is a commonality, not a rarity, in social and biological domains. The biomedical approach assumes the opposite. For example, it seeks to tame the chance appearance of AD in the case of Auguste D, and does so in part by reifying differences that exist, as Kirkwood notes, along a continuum rather than as the discrete entities implied by the labels Alzheimer's disease or mild cognitive impairment (MCI).We thus stand with Kirkwood's bold recognition of chance (see also Kirkwood 2003) in the biological domain and have applied the same idea to the social domain in which we consider the practice of biomedical science. We have elsewhere emphasized consensus statements in the making of AD (Gaines and Whitehouse 1998). In the present article, we add a number of other chance, decisive sociocultural moments to the mix of social processes producing AD and MCI. We have not considered in detail here a host of cultural features in the theory and practice of biomedicine with respect to AD. These include implicit, yet highly [End Page 83] implicative, cultural notions of bilateral kinship employed in genetic research on AD considered elsewhere (Gaines 1998).Bavidge's comments are cogent as well. With respect to the notion of my concept of the local biology of "race" (Gaines 2005), it is germane to point out here that such culturally constructed biologies are relevant to a discussion of AD and other dementias. Such constructions represent culture in science. We used the dramatic example of "race" in US biomedicine because it is experiencing a resurgence as an explanatory tool. For example, recently Haiman et al. (2006) presented research that suggests that "Among cigarette smokers, African Americans and native Hawaiians are more susceptible to lung cancer than whites, Japanese Americans and Latinos." The authors assert, as have many US studies, that their findings show differences relate to the alleged biology of the social groups concerned. Their problem and that of others, is that the groups are social, not biological, and most have mixed ancestry and do not stem from distinct groups. This is particularly true of African Americans and Latinos; both groups are substantially composed of individuals with European, West African, and Native American ancestry in widely varying proportions (Gaines 2005). Thus, they are different only in terms of their classification. Such work regularly overlooks influences, such as environmental racism, discrimination, poverty, and a lack of medical care, as well as other practices. These might include, in a study of smoking, pakalolo smoking (local marijuana) among Hawaiians, who themselves are usually part Portuguese, Japanese, Chinese, and or European... (shrink)

This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law (...) theory, the book focuses on the Scottish Enlightenment and its European and American connections. Knud Haakonssen explains the relationship between natural law and civic humanist republicanism, and he shows the relevance of these ideas for the understanding of David Hume and Adam Smith. The result is a completely revised background to modern ideas of liberalism and communitarianism. (shrink)