This chapter contains sections titled: Nineteenth‐Century Idealism From Idealism to Nineteenth‐Century Constructivism: The Case of the Historical School From the Turn of the Century to World War II: Disintegration and Reconstruction The Period from 1933 to 1945: “Völkische” Jurisprudence The Period from 1945 to the Present: From Natural Law to Postmodernism References.

The aim of this article is to reveal with an overall approach, how the psycho-social background, starting from woman image in first periods and reach modern day, is embraced by outstanding theorists of modern psychology, and also how these collected works are reflected in their definitions of woman. If it is considered that woman has been discussed with reflections against and not from primary sources throughout history, it can be seen that the most essential roots of woman narrations (...) can be found in oral culture and the parts of written texts are made over symbol, metaphor, proposition and story. However myths (stories) that take place in oral and partly written culture about primitive man, are sacred tales, they will also present data regarding human image. Therefore with a limited effort of human being to understand the infinite, it can be understood what human being think, feel and how they interpret rather than gods/goddesses ontology. From this point of view, this article that consists of two parts, first of all will mention especially about perception of Goddess in those reflected to image of God, maintaining its efficiency in conscious or unconscious as a system of symbols intrinsic to human nature and cultural code background and then the woman image will be roughly discussed with a descriptive style over the world of mythology, psychology and faith. In the second part, it will be examined in detail how all the written and oral information about understanding woman by modern anthropologists are interpreted with the perspective of modern psychology specific to theorists such as Freud, Jung and Fromm. Eventually, it will be emphasized that past and future are integrated with information, experience and feelings with an active relationship; perception and approach of woman have stayed up to date in time continually; mythology, psychology and religion are important factors within this matter.Summary: Human being has also used historical, temporal and spatial attributions for God. Infinite human being has expressed their thoughts about the finite God by analogy. Despite the dominance of male gender in the images of God in these analogies which are the products of human experience, female Gods that is to say Goddesses are not few. The matter of how the image of goddess come to the fore in a distinctly male-dominant society is a noteworthy matter. The narration of Earth Mother over female symbol in myths in which the harmony is constantly secured within the inner and exterior world and mention about living in harmony with the universe is an important data in order to understand female characteristics attributed to God. Human being has also used historical, temporal and spatial attributions for God. Infinite human being has expressed their thoughts about the finite God by analogy.The woman subject is influenced by transferred life experience within the historical process, and it is an undeniable fact that ancient “woman perception” has reflections to the present day. Within the history of humanity, striking definitions about woman can be seen in sacred statements in symbol language. Therefore, it is proper to examine primarily the image of sacred and then examine female meaning that is charged on that image. The aim of this study can be summed up with two themes: a) try to understand the general framework of reflections of the present image of woman, style of narration and comprehension in psychological, sociological, and religious terms by getting help from myths which mention about ancient image of God, although there is centuries old difference between those stories and us, b) reveal the image of woman in Freud, Jung, and Fromm’s approach which establishes a bond between mythology that is a system of symbols special to human nature and human psychology and discuss this subject by using psychology of religion.When reviewed ancient Far East and Middle East myths and also Ancient Greek mythology, it can be seen that gods are not cloistered supernatural beings who do not have abstract personalities and also do not lead a wholly metaphysic life. The crucial issue here is; the reality that Gods and Goddesses are shown as a model to both man and woman. Psychologists who examine religion in terms of psychology state that first outcomes about the image of God come up not with behavior but with emotion. The attributions of gender, related to the emotion in question are cited during the transfer of those emotions as well. Therefore; philosophers, culture and religion historians, theologians, anthropologists, archaeologists, psychologists, and sociologists have contributed to this transfer when they discuss the cult of God or Goddess throughout the history. It is interesting that the usage of the term of God maintains while the usage of the term of Goddess decreases. Civilization historians claim that the appearance of divine religions particularly quickens the course of transition from goddess to god. According to them, during this period in which there is a transfer from polytheist image of God to monotheist image of God, the quantitative change in the perception of God comes with a qualitative change. According to Fromm, during this power gathering period, there has been a transfer from mother and feminine (woman) centered religion to father and masculine (man) centered religious experience/ God image. According to him, in the second stage of humanity development, “the children of Earth Mother turn into the children of divine father”, there is a transition from unconditional love of mother to authoritarian sympathy of father, from an image of supplemental and surrounding Goddess to authoritarian image of God who makes requests by his nature, lays down principles and laws, and supports the power and search for a successor to deliver the power.The perception of women who led to Prophet Adam deviated from the truth and expelled from heaven is spread around especially the regions of one-God religions. This has strengthened the idea that divine religions have a negative view towards women. Including Islam, the reason of all divine religions’ encountering with claims that they have a negative approach against woman stem from applying to that religions’ human resources rather than essential religious sources which are existing or lost earliest forms.Oedipus complex is an important thesis of Freud which explains the development of religion and morals; establish the base of his psychology, and in fact, important in terms of his making connection with difference of kinds and flow or non-flow of request and needs while explaining human behaviors. According to Freud who points to sexuality and aggression which are the most powerful two instinct in the biology of male or female; the first three or five years of a newly born human- this is the period in which the basic part of personality is formed- the definition of self is extremely influenced by his/her gender (in both biological and sociocultural terms). Freud who put forward father-son conflict in the struggle to survive between Zeus and his sons in Moses and Monotheism (1998c) and Totem and Taboo (1998a), makes an explanation about the origin of religion and humanity over two male characters. Jung pays attention to goddess image as much as the image of god and do not approach this situation only as a polytheism or sociocultural explanation or childish appearances of a primitive mind. He accepts goddesses as a reflection of archetypes in human. Male has a feminine side, female has a masculine side, and a unity occurs when both complete each other. According to Fromm, a taxonomy referring to woman and man is primarily a sociology-based approach rather than a biology-based one. Fromm (1995) thinks that the whole depiction shows individuals’ own desire and needs, that is to say, their psychology rather than a theology. Transition from mother (woman) centered religion to father (man) centered religious experience and God image is essentially one of the most important breaking/inversion points of human being, not humanity. As a result, it can be said that it is an important point to clearly understand the story of mankind to examine that intense freshness at hand and centeredness of quantitative and qualitative changes of divine or God image of ancient societies come down after psychological, sociological, religious, economic, political, and cultural changes. (shrink)

This two-volume work examines far-reaching debates on the concept of courage from Greek antiquity to the Christian and mediaeval periods, as well as the modern era. Volume 1 explains how competing accounts of epistêmê, rational wisdom, and truth dominated classical antiquity. Early Christian and mediaeval thinkers, in contrast, favoured fortitude founded on faith and fear of God over philosophical reasoning left to its own devices. Volume 2 turns to theories of courage from the early modern period to (...) the present. It shows how the twin laws of polis and physis are at the heart of post-medieval thought. Courage is found at the crossroads of love and dread, freedom and fate, happiness and suffering, as well as power and submission to the ruling order. The later influence of evolutionism, existentialism, and the social and natural sciences on moral philosophy is also addressed at some length. The protection of people's best interests, the passions and powers of the human will, and the rule of active energy in all aspects of life supplant courage formerly viewed through the lens of reason or faith, or a combination of the two. These new ideas, paradoxically, herald the end of the ethics of courage. They also undermine the courage of ethical thinking. Courage is no longer an end in itself, nor is it a means to happiness "at the end." Regardless of what Gandhi, Tillich, and Foucault have to say about the topic, late modernity and the global age witness a marked loss of interest in courage as an idea worthy of conceptual investigation. Debates about the moral implications of courage give way to the value-free science of resilience, which studies how people can recover from past trauma and find wellness, primarily in the realm of physis. (shrink)

SUMMARYThis article examines Anglo–Dutch rivalry in the Banda Islands in the period from 1609 to 1621, with a particular focus on the process of claiming initiated by the Dutch East India Company and English East India Company. Historians have paid little attention to the precise legal justifications employed by these organisations, and how they affected the outcome of events. For both companies, treaties with Asian rulers and peoples were essential in staking out claims to trade and territory. Because (...) so many different parties were involved, individual documents had to serve multiple purposes, both on the ground in the East Indies and at the negotiating tables back in Europe. Whenever a VOC or EIC official presented a treaty to a Bandanese leader, he had to recognise local power structures in the Spice Islands, but also needed to consider his European competitors in the area, his superiors in Batavia or Bantam, and the company directors back in Amsterdam or London. Consequently, the safest and most reliable course of action was to make as many arguments as possible, piling them on top of one another. The result was an inherently messy process of claiming, yet one that was also clearly intelligible to most parties involved, including Asian rulers and peoples. A constantly changing legal suite extended to freedom of trade and navigation, contracts and alliances with native peoples, just war, conquest, actual possession, and the surrender of native sovereignty to European authorities. (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)

In lieu of an abstract, here is a brief excerpt of the content:Kings and Gods as Ecological Agents:From Reciprocity to Unilateralism in the Management of Natural ResourcesSimon Simonse (bio)1. IntroductionThe questions this article addresses are as follows: do non-Western societies have a qualitatively better, more balanced relationship with nature than modern Western societies? Can the difference between the two be described in terms of an opposition between a reciprocal and an exploitative relationship? What difference does the Judeo-Christian tradition (...) make in shaping the modern relationship with nature?To answer these questions I will give brief descriptions of the way in which three cultural traditions have structured the relationship between man and nature: societies that are ruled by sacred kings, societies where power over nature is attributed to divinities, and the Old Testament tradition. As cases of sacred kinship, I present ethnographic material taken from my anthropological fieldwork among the Lulubo, Lokoya, and Lotuho peoples from the East Bank of the Nile in Southern Sudan. I will use the term "Eastern Nilotic" as shorthand for this complex of peoples. For the societies where divinities play the central role, I take the Western Nilotic Dinka, Nuer, and Atuot living in the flood plains of the Nile north of the kingship societies.In comparing these three traditions my point of departure is René Girard's analysis of culture as a mechanism to resolve conflict by directing the aggression of the members of society onto a victim and so achieving a new consensus. We shall see that in the kingship societies what we call natural phenomena play an integral part in culturally staging the scapegoat mechanism. They are the stage of human rivalries and their resolution. Among the polytheistic Western Nilotes they are the instrument through which the gods make their power felt and demand attention from humans. In the Old Testament, natural phenomena remain the domain of God's power. Humans should not try to interfere. Their mission is to combat human evil as defined in Mosaic law. [End Page 31]2. Kings as Ecological AgentsThe survival of the communities of the Lokoya and Lulubo on the East Bank of the Nile who traditionally live in well-fortified village-polities, counting in the precolonial period between 1500 and 2500 inhabitants, is dependent on forces that are unpredictable (Simonse 1992). As agriculturists they are dependent on regular rains. However, the rains in their area are erratic and localized. As a result there is always a risk that the harvest may fail. The soil is of varying quality, giving varying yields in different places. The birth rate is another major concern. It determines the security of the community in its relationship to neighboring, frequently hostile, communities. There is the concern for epidemics, crop-eating insects and birds, and root-eating worms. Violent winds may destroy the crop, and lions and leopards may kill humans and cattle. A concern of a different order is the extent of the effectiveness of weapons, spears, and bows and arrows, in assuring security.When adversity affects the community, the first question asked by those affected is that regarding its cause. Frequently the cause is a breach of the social rules: an act of violence and a failure to perform or properly perform a ritual of purification necessitated by the violence. It may also be unconscious resentment on the part of a person or group that feels excluded from benefits enjoyed by others. It may be the cry of a neglected relative. It may be incest. It may be an attack by outsiders.Among the Lulubo and Lokoya, responsibility for the various aspects of the natural environment that can be critical for community survival is allocated to the different clans. In the case of a crisis (drought, infertility) the clan associated with the problem is the target of investigations. The main investigation strategy is to check, one by one, the quarrels in which members of that clan have been involved. When a conflict has been identified, a solution is suggested by way of reconciliation or restitution. Of particular interest are attempts to provoke the responsible clan official. If a settlement of the dispute fails to bring the required result, there will be more rounds of investigation... (shrink)

The natural law is a overempiric law that does not owe his dignity to the legal norm than to the intrinsic qualities of a human being. This paper presents a different hierarchical position of the natural law in the critics of capitalism from K. Marx to our days and its different intonation as a superpositive framework of justice. One should analytically differentiate between theoretical search for social justice in the philosophy of the natural law and empirical (...) identification of power relations that allowed or hindered social justice in the reality. The paper provides analysis of historically different relationships between positive and radical natural law in both the compressed 20th century epochal conscience and today?s neoliberal one. In addition, it compares role of the natural law in capitalism and socialism and differentiates between social justice from above and social justice from below. The first one is gratuitous, paternalistic and limited, the second one is radical and has to be conquered. Radical natural law should express itself as a fully developed social justice liberated from capitalism. Critic of social unjustice from the viewpoint of natural law has no practical effects in our days, and in spite of it, it is not anachronistic. (shrink)

Among the issues before the American People today none are of greater importance than that of National Planning. The gradual evolution of the processes of civilization to their present state has brought National Planning to public attention as the next logical step. No one can explore the facts of our natural resources, our tool-power and our man-power without becoming aware of their interdependences and the need of intelligent coordinated action concerning them, if an orderly progressive society is to (...) be established and maintained. If planning is to be incorporated in National Policy, the very nature of the problem itself and the facts and relationships to be dealt with should command the sincere and devoted attention of all groups of scientific workers in every field of human interest. It is not the purpose of this paper to argue this point. It will be assumed, before this group, that the planning process is a scientific process and therefore should be of great interest to the members of this association. In the short period assigned to the consideration of this subject, all that can be accomplished is to indicate what are some of the problems involved in scientific social planning. The inadequacies of the type of planning such as attempted by the German, Italian and Japanese Governments, to mention a few, and its comparison with the types of planning from which evolves a democratic social power, must be left for consideration at another time. The planning process as related to democratic social objectives is concerned with setting up a framework of relationships among the processes of civilization which has a high probability of attaining optimum social satisfactions. Modern civilization is founded on three primary dynamic systems each having its own characteristics. These dynamic systems will be termed “Systems of Power” and are:1. Systems of Resources Power2. Systems of Tool-Power3. Systems of Man-Power. (shrink)

Self-Interest discusses the reconciliation of inevitable self-concern with its manifest potential for harm. This anthology brings together the efforts of twenty three renown philosophers to address the matter of how to bring about such a reconciliation. The drive for self-preservation, as observed by Aquinas, is the first law of nature. With this self-love, however, comes the threat of "the excessive love of self". Self-Interest brings into discussion the reconciliation of necessary self-concern with its manifest potential for harm. This anthology brings (...) together the work of twenty-three important philosophers to address the question of how to bring about such a reconciliation. Contributors include: Democritus, Plato, Aristotle, Augustine of Hippo, Aquinas,Hobbes, Nicole, Mandeville, Butler, Hutchenson, Hume, Smith, Kant, Bentham, Mill, James, Nietzsche, Dewey, Rand, and Gauthier. (shrink)

Modern versions of utilitarianism have been called consequentialism: in order to evaluate the goodness or badness of human actions one must consider—in one way or in another—their consequences. This consequentialism appears to be opposed on many counts to traditional natural law ethics: norms such as one should never kill innocent persons and never commit adultery stand in conflict with a view which holds that in some cases good results may outweigh the bad consequences of such and other actions. In (...) the years of the Second Vatican Council and the following period, several moralists began to use a somewhat weakened form of consequentialism called proportionalism, which came to be accepted by a good number of authors. It aims at determining the moral rightness or wrongness of actions not by their “material character” but by considering circumstances, intentions, and results, presenting itself as a revolutionary revision of natural law ethics since, in situations of conflict, it wants to free us from “the tyranny” of the “material object” of our actions. Proportionalism distinguishes between premoral disvalues or evil and moral values. The former are the things we want to do for our well-being or convenience and, as proportionalists assert, have no absolute character, while the latter are the ends we pursue in given circumstances. If there is a proportion between the premoral disvalues of our acts and the ends or consequences achieved, the acts are good. (shrink)

In the past few decades, much political-philosophical reflection has been dedicated to the realm of "the political." Many of the key figures in contemporary political theory—Jacques Rancière, Alain Badiou, Reinhart Koselleck, Giorgio Agamben, Ernesto Laclau, and Slavoj i ek, among others—have dedicated themselves to explaining power relations, but in many cases they take the concept of the political for granted, as if it were a given, an eternal essence. In An Archaeology of the Political, Elías José Palti argues that the (...) dimension of reality known as the political is not a natural, transhistorical entity. Instead, he claims that the horizon of the political arose in the context of a series of changes that affirmed the power of absolute monarchies in seventeenth-century Europe and was successively reconfigured from this period up to the present. Palti traces this series of redefinitions accompanying alterations in regimes of power, thus describing a genealogy of the concept of the political. Perhaps most important, An Archaeology of the Political brings to theoretical discussions a sound historical perspective, illuminating the complex influences of both theology and secularization on our understanding of the political in the contemporary world. (shrink)

The paper examines the evolution of modernity concepts starting from the Renaissance to the present day, emphasizing the impact on architecture and urbanism. During the period of the Renaissance and the Enlightenment, people framed an evolutionary notion of history and the concept of the modern associated with the contemporary, the new, and the fleeting emerged. This period connected modernity with the idea of relativity of truth as opposed to the absolute truth of the Middle Ages. In (...) the 18th and 19th centuries, modernity clashed with tradition. This led to economic and political modernization. It also influenced artistic movements and cultural trends. The Industrial Revolution epitomized this period. It was driven by scientific and technological advancements. The paper discusses the objective and subjective perspectives of modernity, highlighting its dual nature in socioeconomic processes and personal experiences. Key thinkers like Habermas Weber and Baudelaire provide frameworks for understanding modernity's developments in science, art, and morality. The avant-garde movements influenced by Bauhaus, emphasized functionality. They also focused on rationality in architecture. However, critiques emerged, advocating the concept of unitary urbanism. This vision includes adaptable living spaces. It promotes an ever-changing urban environment, as exemplified by Constant's New Babylon. The Adorno's aesthetic theory criticized the industry's commodification of art and emphasizes art's utopian potential. Adorno's concept of mimesis and his critique of rationality and instrumental reason are explored reflecting the paradoxical nature of modernity. Finally, the paper contrasts the views of architects like Mies van der Rohe, Norberg-Schulz, and Eisenman. It concludes by reflecting on architecture's ongoing interaction with modernity. It emphasizes a balance between innovation tradition and the dynamic nature of human experience and social development. (shrink)

Abstract. A historical perspective allows for a different view on the compatibility of theistic views with a crucial foundation of modern scientific practice: the uniformity of nature, which states that the laws of nature are unbroken through time and space. Uniformity is generally understood to be part of a worldview called “scientific naturalism,” in which there is no room for divine forces or a spiritual realm. This association comes from the Victorian era, but a historical examination of scientists (...) class='Hi'>from that period shows that uniformity was an important part of both theistic and naturalistic worldviews. Victorian efforts to maintain the viability of miracles and divine action within a universe ruled by natural laws receives special attention. The methodological practices of theistic and naturalistic scientists in the nineteenth century were effectively indistinguishable despite each group's argument that uniformity was closely dependent on their worldview. This similarity is used to reexamine both the reasons for the decline of the role of religion within the scientific community and claims made by the intelligent design movement about the relationship of science and religion. (shrink)

Western culture has been moving away from its Christian roots for several centuries but the turn from Christianity accelerated in the 20th century. At the core of this decline is a loss of a sense of our own transcendence. Scientific materialism has so seriously impacted our belief in human transcendence that many people find it difficult to believe in God and the human soul. This anti-transcendent perspective has not only cast its spell on the natural sciences, psychology, (...) philosophy, and literature, it has also negatively impacted popular culture through the writings of Richard Dawkins, Daniel Dennett, and many others. The warning signs of this loss of transcendence have been expressed by thinkers as diverse as Carl Jung (psychiatrist), Mircea Eliade (historian of religion), Gabriel Marcel (philosopher), C.S. Lewis and J.R.R. Tolkien. These warnings were validated by a 2004 study in the American Journal of Psychiatry which showed that the absence of religion alone was responsible for a marked increase in suicide rates, sense of meaningless, substance abuse, separation from family, and other psychiatric problems. Thus, the loss of transcendence is negatively affecting not only individuals’ sense of happiness, dignity, ideals, virtues, and destiny, but also the culture. Ironically, the evidence for transcendence is greater today than in any other period in history. The problem is – this evidence has not been compiled and propagated. Fr. Spitzer’s book provides a bright light in the midst of this cultural darkness by presenting both traditional and contemporary evidence for God and a transphysical soul from several major sources. He also shows how human consciousness and intelligence is completely special – and cannot be replicated by artificial intelligence or animal consciousness. We are transcendent beings with souls capable of surviving bodily death – self-reflective beings aware of perfect truth, love, goodness, and beauty. We are beings with an unrestricted capacity to know and create science, law, culture, art, music, literature, and so much more. The evidence reveals that we have the dignity of being created in the very image of God, and if we underestimate it, we will undervalue one another, underlive our lives, and underachieve our destiny. This work is the most comprehensive treatment of human transcendence available today. (shrink)

The historical period of the 18th and early 19th century is usually perceived as the high point of human self-emancipatory optimism. Specifically, the Enlightenment believed that reason would guide humanity from darkness to the light. Ay, there's the rub, so rhymes the Bard of Avon, for wherefrom arriveth the urge to flee the dark? The rationalist propensity to remodel and re-invent the world is testament to a dreary and pessimistic analysis of the human condition. Thus, the Enlightenment made (...) a largely self-content analysis of the natural, traditional and historical condition of humanity which suggested that underneath its emancipatory, rationalist optimism lurks an unspoken perspective on reality that, in the verse of Alexander Pope, on weak wings, from far, pursues [its] flights. In this dissertation, I have called that perspective the horror of existence : the tacit acknowledgment that whatever is naturally and historically presented to the human agent is to be treated with suspicion. Nietzsche even declared such squinty eyes part and parcel of the bad blood of Western metaphysics in its ignoble resentment towards the vitalistic full-bloodedness of existence. Immanuel Kant and Arthur Schopenhauer are the protagonists in the investigation into the pessimistic focal point that looms underneath the Enlightenment s alleged optimism. Three points of inquiry are central to unravelling this pessimism. First, it is to be established that Immanuel Kant the proverbial vanguard of the Aufklärung actually subscribed to a sense of pessimism. Virtuous duty is the code word of Kant s ethics: to act in a fashion in opposition to certain countermoral inclinations. While Kant calls such behavior autonomy in the supposed fullest sense of the term, such autonomy is lacking in appeal in comparison to the pursuit of happiness. If rational morality is left unassisted, it remains in the perennial danger of being ineffective. The human agent is ill-disposed towards the moral law and radically inclined to overturn the moral world order. Accordingly, Kant turns to certain religious tools to bestow a kind of moral education that would augment the appeal of morality without ever making the human agent in any way inclined to moral virtue. At best, the human agent is justified in his/her rational faith to moral progress. In sum, while Kant believed that immanent rationality is the appropriate guide for moral pursuits, it is lacking in appeal to the finite and frail human agent. Second, it is to be shown that Schopenhauer s more overtly pessimistic philosophy is a continuation of a certain philosophical impetus at work in Kant s philosophy. After Schopenhauer questions the irresistible appeal of rationality, he finds that the Kantian recalcitrance to morality could very well be understood as self-justified self-expression of a blind, amoral will. Since even Kant admitted that rationality lacks in appeal to draw humanity in line, why would rationality be the most intimate aspect of noumenal reality? Instead, the human agent is mired in a depravity from which only his/her own frail and quasi-powerless tools can facilitate an escape. Accordingly, an ethics of compassion, a sublime piece of art, a pessimistic religion and proper philosophical insight can facilitate an escape from reality and turn the human agent to blissful nothingness. Third, it is to be shown that Kant and Schopenhauer s specific sense of pessimism is a philosophical translation of a certain theological perspective on the interplay between nature and goodness. Instead of thinking about nature and good as on a continuum, the Protestant Reformation introduced a radical dualism between nature and goodness which requires nature to be radically reformatted. No good is to come from the exercise of nature: works do not justify. Similarly, Kant and Schopenhauer reiterate how a radical change in the normal behavior of the human agent is the only escape from his/her depraved condition. But how do you fuel a quest for health if that which would do the healing is diseased to its core? (shrink)

In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to (...) numerous challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

This is an expanded second edition of Nicholas Mercuro and Steven Medema's influential book Economics and the Law, whose publication in 1998 marked the most comprehensive overview of the various schools of thought in the burgeoning field of Law and Economics. Each of these competing yet complementary traditions has both redefined the study of law and exposed the key economic implications of the legal environment. The book remains true to the scope and aims of the first edition, but also takes (...) account of the field's evolution. At the book's core is an expanded discussion of the Chicago school, Public Choice Theory, Institutional Law and Economics, and New Institutional Economics. A new chapter explores the Law and Economics literature on social norms, today an integral part of each of the schools of thought. The chapter on the New Haven and Modern Civic Republican approaches has likewise been expanded. These chapters are complemented by a discussion of the Austrian school of Law and Economics. Each chapter now includes an "At Work" section presenting applications of that particular school of thought. By providing readers with a concise, noncritical description of the broad contours of each school, this book illuminates the fundamental insights of a field with important implications not only for economics and the law, but also for political science, philosophy, public administration, and sociology. (shrink)

The media coverage of immigration serves as an important test for modern democracies’ ability to handle difficult public issues. Systematic and comparative studies over longer time periods are, however, still rare. This is deeply unfortunate as the nature of both immigration and the press systems vary considerably not only across nations but also over time. This article charts the immigration debate in seven Scandinavian newspapers from the birth of modern immigration in the early seventies to the present-day situation. (...) While supporting claims about a general historical shift towards a more problematizing and cultural discourse in Scandinavia, the analysis also identifies major differences in how countries, publications, and genres have handled this complex issue, which brings out fundamental dilemmas for both modern welfare states and journalists. Using the method of multiple correspondence analysis and subsequent cluster analysis, the article also demonstrates how historical press coverage can be fruitfully studied using Geometric Data Analysis as an alternative to frequentist methods. (shrink)

The last three decades have witnessed a heated debate of the merits of intelligent design (ID) as a way to understand a number of observable natural phenomena. The present dispute has its roots in a much older discussion: that of natural theology, which has always had as its goal the discernment of design(s) attributable to God in the natural world. Despite its ongoing relevance, natural theology does not have a coherent scholarly history. Turning Points in (...) Natural Theology from Bacon to Darwin deftly fills that gap, analysing the argument of design during the period from Francis Bacon (1561-1626) to Charles Darwin (1809-82), with a specific focus on those moments at which the rhetorical terms changed significantly. (shrink)

Butler observes in the Preface to the Sermons that the subject of morals can be approached in two different ways: “One begins from enquiring into the abstract relations of things: the other from a matter of fact, namely what the particular nature of man is, its several parts, their economy or constitution; from whence it proceeds to determine what course of life it is, which is correspondent to his whole nature. In the former method the conclusion is (...) expressed thus, that vice is contrary to the nature and reason of things: in the latter, that it is a violation or breaking in upon our own nature. Thus they both lead us to the same thing, our obligations to the practice of virtue; and thus they exceedingly strengthen and enforce each other.” In making this observation Butler raises the problem of the nature of moral obligation, and of the criteria by which the existence of a moral obligation can be known. He does so by calling attention to the divisions of opinion which existed on this issue in his own days. Samuel Clarke, the fashionable moralist of the period, sought the roots of moral obligation in the “nature and reason of things”: for an agent to know that an act is his duty is to know that it is fitting or suitable to the circumstances in which it occurs . Shaftesbury, on the other hand, and many of the adherents to the doctrine of Natural Law, like Grotius and Pufendorf, sought the roots of moral obligation in the nature of agents: for an agent, to know that an act is his duty is for him to experience a special motive to do it . Butler recognized the fundamental difference between these two approaches. (shrink)

In this paper, domain-specificity is presented as an understudied problem in chemical education. This argument is unpacked by drawing from two bodies of literature: learning of science and epistemology of science, both themes that have cognitive as well as philosophical undertones. The wider context is students’ engagement in scientific inquiry, an important goal for science education and one that has not been well executed in everyday classrooms. The focus on science learning illustrates the role of domain specificity in scientific (...) reasoning. The discussion on epistemology of science presents ideas from the emerging field of philosophy of chemistry to highlight the much neglected area of epistemology in chemical education. Domain-specificity is exemplified in the context of chemical laws, in particular the Periodic Law. The applications of the discussion for chemical education are explored in relation to argumentation, itself an epistemologically grounded discourse pattern in science. The overall implications include the need for reconceptualization of the nature of teaching and learning in chemistry to include more particular epistemological aspects of chemistry. (shrink)

The pervasiveness of Protestant natural law in the early modern period and its significance in the Scottish Enlightenment have long been recognized. This book reveals that Thomas Reid &—the great contemporary of David Hume and Adam Smith&—also worked in this tradition. When Reid succeeded Adam Smith as professor of moral philosophy in Glasgow in 1764, he taught a course covering pneumatology, practical ethics, and politics. This section on practical ethics took its starting point from the system of (...) natural law and rights published by Francis Hutcheson. Knud Haakonssen has reconstructed it here for the first time from Reid&’s manuscript lectures and papers, and it provides a considerable addition to our understanding not only of Reid but also of the thought of the Scottish Enlightenment and of the education system of the time. The present work is a revised version of a work first published by Princeton University Press in 1990, which has long been out of print. (shrink)

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is (...) social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also illustrate the dependence of social order and cooperation on a group's commitment to justice. The insights from the absent-law situations have implication for several modern criminal justice issues, including the appropriate distributive principle for criminal liability and punishment, restorative justice programs, the movement to promote non-incarcerative sanctions, transitional justice and truth commissions, the use-of-force rules under international law, the procedures for fairness in criminal adjudication, and crime-control policies in fighting organized crime and terrorism. (shrink)

Postmodernism is considered as the historical stage of the transition of contemporary society from mature industrial capitalism to the qualitatively new technological and social production order. The real transformations of contemporary society’s factors have been brought into the correlation with the production changes that determine transition from Modern Age machine technologies to nanotechnologies. Existence of Postmodern society is presented as the borderland of historical ages, that is, as the period of the fading away of the Modern (...) Age social forms and of the becoming of social activity’s new forms that are specific for the new age of the development of society and of the worldwide socionatural entity. The author analyzes theoretical and worldview potential of Postmodern philosophy and its inability to represent further postindustrial society evolution tendencies. Possible scenarios of Рostmodern society evolution are considered in the context of contemporary concepts on the changes in the human role in nature and society as well as in the context of the trends of socionatural Universe development. The paper reveals technical, technological and social presuppositions of the transition from the nature-historical stage of society development to the true historical stage of human development. (shrink)

Science, and with it our understanding of evolutionary processes, is itself undergoing evolution. The evolutionary framework still most frequently used by the general public to describe and guide processes of societal development is erroneously grounded in Darwinian perspectives or, at the very least, draws facile analogies from biological evolution. The present inquiry incorporates fresh insights on the general systemic nature of developmental dynamics from the most recent advances in the transdisciplinary realm of the sciences of complexity (e.g., (...) general evolution theory, cybernetics, information and communication theory, chaos theory, dynamical systems theory, and nonequilibrium thermodynamics). The description of the evolutionary trajectory of complex dynamical systems as irreversible, periodically chaotic, and strongly nonlinear agrees with certain features of the historical processes of societal development. But there are additional features of the evolutionary dynamic of natural systems that are seldom portrayed as part of human developmental deportment. These features include elements such as the convergence of existing systems at progressively higher levels of organization, the increasingly efficient utilization of environmental energy, and the complexification of system structures in states that are progressively further removed from chemical and thermodynamic equilibria. The sciences of complexity offer insight into the laws and dynamics that govern the evolution of complex systems across a variety of disciplinary areas of investigation. Through a study of the isomorphisms across disciplinary constructs in the theoretical analyses of the principles governing the evolution of human societies, it is possible to enrich the account of developmental dynamics at the socio-civilizational level. Such an account would further our understanding of the phenomenon of societal development and provide the means for the purposeful guidance of this phenomenon in accordance with general evolutionary principles. This article sets forth the type of considerations, and outlines a general research agenda, for inquiry toward an operational model of the evolutionary development of social systems. (shrink)

In this article, the subject of Jesus and the Gospel is discussed according to the Qurʾān. This study focuses on the position of Jesus and the nature of the Gospel from the perspective of the Qurʾān about the perception of Jesus and the Gospel in the Christian belief. The issue of Jesus and the Gospel has been the subject of different understandings and discussions between Muslims and Christians from the first periods of Islamic history until today. There are (...) serious confusions around them both within the Christian world and Islamic world. Even if there are common points between the information contained in the New Testament and in the Qurʾān on these issues, this information does not agree with each other. While Jesus and the Gospel described in the Qurʾān are not independent and not detached from the historical process of divine revelation; Jesus, which was placed in a superior position in Christianity, and the Gospels written by different writers on different dates after Jesus, do not integrate with this historical process. As for the Islamic world, it can be said that the perception of Jesus and the Gospel is not directly shaped by the Qurʾān, but rather by narratives and common beliefs. In this article where concept analyses are intense, the Qurʾān, the Bible, TDV (Türkiye Religious Foundation) Encyclopaedia of Islam, dictionaries, commentary resources and studies on Jesus and the Bible were mainly referred to. According to the Qurʾān, all the messengers called rasūl and nabī are human prophets chosen by Allah and none of them are angel or superhuman. Allah is the only God and there is no god but Him. According to the Qurʾān, it is not possible for God to adopt a wife or son. Allah is not the third of the three that finds its expression in the Christian belief in the form of the trinity: The Father, the Son and the Holy Spirit (Rūḥ al-Quds). According to the Qurʾān, every understanding that deifies Jesus and carries him to a position above human is a deviation from the right path. The deification of Jesus, who was born of Mary without a father, has been a belief formed over time. It is stated in the Qurʾān that Jesus is a messenger of Allah and a word He informed Mary, like the other prophets. What is meant by the word of God is that Allah heralds Mary with a child whose name is Christ, Jesus and the son of Mary. While it is said in the Qurʾān that Jesus is the word of God, it is not meant that the word is embodied and transformed into Jesus; however, it is meant that Jesus was created and brought to life with a word that came from Allah. The fact that Jesus is the word of God can also mean that he will speak to people in the name of Allah when he is in the cradle and then with the words that were revealed to him, and he will notify the way of the Lord in his message. As his birth is a miracle, his talking to people while in the cradle is also a miracle. Allah put His words in the mouth of Jesus like as He put them in the mouth of Prophet Muḥammad, and He also revealed the Gospel to Jesus. Thus, the words of God and the messenger who speak in the name of Allah became synonymous. Because when he speaks in the name of Allah, the words coming out of his mouth are not the words of Jesus himself, but the words of God. All prophets, including Jesus, are a single ummah sent on Islam. The essence of the books they brought from Allah is one. Although there are some differences in details arising from history, culture and social conditions, there is no difference between them in terms of the basic principles, norms and decrees brought from Allah in matters of faith, worship, morality and law, and especially the principle of unification. According to the Qurʾān, the Bible is the name of the divine book that Allah sent down to Jesus who was held responsible for His message, and that confirms the previous books. Contrary to the common belief among Muslims, the Qurʾān does not abolish the Gospel sent down to Jesus, but endorses it. In fact, all the books that God sent through the prophets confirm each other in terms of their essence, as well as the basic principles and provisions they contain. Allah taught Jesus the book, the wisdom, the Torah and the Bible, and sent him to confirm the Torah. He also sent down the Qurʾān to Prophet Muḥammad as confirming the Torah and the Bible. The purpose of these books sent down by Allah is to provide guidance and light to humanity. It is emphasized in the Qurʾān that all the prophets are actually one ummah, and that God who sent them is the true Lord of the people and that worship should be done only to Him. The verse in the Qurʾān "The only religion in the sight of Allah is Islam" should be understood in this context. In this respect, the common understanding among the scholars who study in the Islamic tradition that Qurʾān abrogated the divine books sent to humanity before, which is incompatible with the Qurʾān and turned into a common belief, should be reviewed and evaluated. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this (...) is impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

There is yet one more proposed solution to the argument from evil which merits attention. Though it does have elements in common with other proposed solutions in that it postulates a justifying end to account for the existence of all evil, it is different in that evil is viewed as nothing more than a polluting by-product of the proper functioning of the laws of nature in their industrious manufacture of the summum bonum. The unimpeded functioning of the laws of (...) nature is seen as necessary for the production and creation of a justifying (indiscernible) end and evil or suffering is merely a foreseen but unfortunate by-product of this natural machinery. The place and function of evil in this solution is what is novel: it is not a greatness-making property, nor is it a punishment or warning from on high, nor is its usefulness an aesthetic or contrasting one, nor is it the result of free will. Evil is admitted as just plain evil; it itself plays no role to serve the valuable end, which is precipitated by the unimpeded operation of natural laws upon the universe. Evil here is seen to play the same role that pollution might: it is a foreseen and unfortunate consequence of the means used to produce the coveted final product. -/- Professor Clement Dore, in his book entitled Theism,[1] introduces this solution in which evil itself plays no role to serve an enormously valuable end, yet is necessitated by this end. However, in order for the theist to be in a position to defend Dore's claim, a viable interpretation of the justifying, indiscernible end, must be proposed. To assess the validity of Dore's schema, four apparently exhaustive interpretations of the justifying end will be presented. It will be argued here that each of these possible interpretations is, in one respect or another, inadequate. The result is that the concept of the justifying, indiscernible end and its relation to Dore's overall schema lacks lucidity. In addition, other problems with this solution will be discussed in order to show that severe flaws exist in the solution as a whole. (shrink)

IN THE PAST THREE YEARS, TWO IMPORTANT CATHOLIC MORAL THINKERS—both well-respected Thomists—have published books on the natural law. Besides offering their own significant contributions to natural law thought, Jean Porter and Russell Hittinger each insightfully surveys developments in natural law thinking from the scholastics, into the early modern period, through today. In importantly similar narrations of the history of natural law, both Porter and Hittinger claim that natural law in the modern period (...) has been understood as a source of specific moral norms that is independent of belief commitments and compelling to all rational creatures, even shorn of—in fact, precisely because it is shorn of—these authoritative commitments. However, both authors claim that this understanding of natural law is highly problematic. If the goal of natural law inquiry is a set of "independent" and "compelling to all" particular norms existing "free-floating" in an "authority-free zone," impossible demands have been made of natural law. Both Porter and Hittinger must and indeed do honor the notion of natural law as universally applicable and binding. Yet both acknowledge that something is necessary, beyond the specific norms of the natural law themselves, in order to identify and justify those norms. (shrink)

This book provides a critique of the three most prominent Australian "authorities" on Law and Ethics of the present day, namely John Finnis, Tracey Rowland, and Peter Singer. So far as the study of Natural Law is concerned the central figure is John Finnis. Peter Singer relates to it indirectly as adopting a position in Moral Philosophy that rejects Natural Law in any traditional sense and takes a naturalist position in a utilitarian sense. Tracey Rowland adopts a (...) position that downplays Natural Law as knowable by human reason or philosophy outside the theological order of grace. The works of these philosophers provide the occasion for bringing back into focus some of the great truths of ethical and legal philosophy and for showing up, as best as one can from within, the diabolically perilous situation for our modern culture that has developed since the general breakdown of Christian civilization now so long ago as to be practically forgotten. (shrink)

It is a commonplace that one of the primary tasks of natural science is to discover the laws of nature. Those who don’t think that nature has laws will of course disagree; but of those who do, most will be in accord with Armstrong when he writes that natural science, having discovered the kinds and properties of things, should “state the laws” which those things “obey” (Armstrong What is a law 3). No Scholastic philosopher would have included the (...) discovery of the laws of nature among the aims of natural philosophy. Regularities there may be in an Aristotelian world, but the focus of inquiry is elsewhere —on natural kinds, powers, qualities, temperaments. There must have been a change of view at some point. The obvious period in which to look for that change is that period in which the notion of law came to the fore in natural philosophy: the seventeenth century. Though there has been occasional dissension, that notion has been with us ever since. Scientists are quite happy to talk about all sorts of laws, from the basic laws of conservation to “phenomenological” and statistical laws. Philosophers, on the other hand, have found them puzzling. The character attributed to laws seems to be in need of explanation, and yet no convincing explanation is at hand; indeed, as I have mentioned, some philosophers think that natural science has no laws, or at least that it doesn’t need to appeal to them to accomplish its ends. My suggestion will be that the configuration of features characteristic.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies (...) have underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

In the immediate post-war period, a set of thinkers, most notably Jacques Maritain, developed influential natural law theories of constitutional democracy. The central tenet of the natural law approach to the post-war settlement was that, without the type of foundational understanding of the constitutional system it was proposing, the new democratic political institutions would relapse into totalitarianism. In response to this natural law challenge, Hans Kelsen sought to explicate and defend a self-consciously secular and relativistic understanding (...) of the basis of constitutional democracy. This article will examine the debate between the Kelsenian and the natural law view of constitutional democracy. The debate raises questions of foundational importance, and a number of issues are of particular concern in the present global context. These issues concern the role of moral pluralism and its relevance to the structure of constitutional democracy, and the relationship between universal values and the common good of particular communities. (shrink)

John Locke's account of natural law, which forms the very basis of his political philosophy, has troubled many critics over time. The two works that shed light on Locke's theory are the early Essays on the Law of Nature and the Second Treatise of Government, published over 20 years later. Many critics have assumed that the early work presents a voluntarist approach to natural law and the second a rationalist approach, but the present analysis in this book (...) shows that Locke's theory is consistent. Both works present a concept of the law of nature that must be placed between voluntarism and rationalism. (Series: Polyptoton. Munster Collection, Academic Writings / Polyptoton. Munsteraner Sammlung Akademischer Schriften - Vol. 3). (shrink)

The Protestant reception both of Aristotle and of the concept of natural law have been the object of renewed attention. The present article aims at a cross-fertilization of these two recoveries: did a specifically Aristotelian approach to natural law play a significant role in classical Protestant thought? The article answers this question by means of a review of the Protestant commentaries on Aristotle’s natural law-passage in Nicomachean Ethics V, 7. Reformation and post-Reformation scholars sometimes offered original (...) readings of this text, but above all they cultivated the various approaches to the passage that had been developed during the medieval period. (shrink)

This book is the first extended attempt to explain Plato's ethics of natural law, to place it accurately in the history of moral theory, and to defend it against the objections that it is totalitarian. Wild provides a clarification of Plato's ethical doctrine and a defense of that doctrine based not only of his analysis of the dialogues but on the belief that Plato must acknowledged as the founder of the Western tradition of the philosophy of natural law. (...) The book begins with a presentation of the major objections raised against Plato by modern authors, Toynbee, Karl Popper and others, who have condemned the so called totalitarianism of Plato's thought. Wild answers these objections point by point and with a wealth of evidence taken from Plato's own arguments. He then presents a historical study of the ethics of natural law, defining the theory and showing through an examination of relevant dialogues that Plato held such a theory. The work concludes with a systematic study of his realistic ethics and its bearing on contemporary problems. This is a reprint of the 1953 Chicago edition. (shrink)

Skepticism: From Antiquity to the Present is an authoritative and up-to-date survey of the entire history of skepticism. Divided chronologically into ancient, medieval, renaissance, modern, and contemporary periods, and featuring 50 specially-commissioned chapters from leading philosophers, this comprehensive volume is the first of its kind.

The main goal of this essay is to provide an in-depth analysis of the trajectory of the Colourful Revolution in North Macedonia as a social movement. From a more general perspective, the paper engages with the growing interest in the literature that explores the correlation between social movements and democratisation processes, especially in societies that fall into the category of hybrid regimes. The Colourful Revolution is a good example of a protest movement that has created effective regime change. It (...) presented a complex social movement encompassing many fragmented social and political groups gathered around the idea of a common adversary. Additionally, the Colourful Revolution has one particularity: it is a social movement that has undergone a full developmental circle - formation through utilization of political opportunity frameworks, a period of activity and success and dissolution. Drawing on literature of the political process, opportunity frameworks and cycles of social movements, the paper argues that social movements such as the Colourful Revolution are not just temporary and unstable structures but are also highly dependent on the existence of a common target of the social activism in question. The removal from power of political actors that have been the reason for mobilisation of a complex and diverse network of social and political activism resulted in an absence of an adhesive factor holding together all the parts of this complex system. The absence initiated gradual discord and dissolution of different factions within the social movement and reveals its true nature - temporary, ideologically diverse, conflictual, and even undemocratic in some respects. (shrink)

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)

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of (...) the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory. (shrink)

In this paper, I will defend the thesis that fundamental natural laws are distinguished from accidental empirical generalizations neither by metaphysical necessity, 147–155, 2005, 2007) nor by contingent necessitation. The only sort of modal force that distinguishes natural laws, I will argue, arises from the peculiar physical property of mutual independence of elementary interactions exemplifying the laws. Mutual independence of elementary interactions means that their existence and their nature do not depend in any way on which (...) other interactions presently occur. It is exactly this general physical property of elementary interactions in the actual world that provides natural laws with their specific modal force and grounds the experience of nature’s ‘recalcitrance’. Thus, the modal force of natural laws is explained by contingent non-modal properties of nature. In the second part of the paper, I deal with some alleged counterexamples to my approach: constraint laws, compositional laws, symmetry principles and conservation laws. These sorts of laws turn out to be compatible with my approach: constraint laws and compositional laws do not represent the dynamics of interaction-types by themselves, but only as constitutive parts of a complete set of equations, whereas symmetry principles and conservation laws do not represent any specific dynamics, but only impose general constraints on possible interactions. (shrink)

The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to (...) restore the unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being. (shrink)

This collection of essays, presented in honor of Ronna Burger, addresses questions and themes that have animated her thinking, teaching, and writing over the years. With a view to the scope of her writings, these essays range broadly: from the Bible and Ancient Greek authors--including not only Plato and Aristotle, but also Sophocles, Euripides, Aristophanes, and Xenophon--to medieval thinkers, Maimonides, Dante, and Boccaccio, as well as modern philosophers, from Descartes and Montesquieu to Kant, Lessing, Hegel, and Kierkegaard. Moving (...) in order from antiquity to modernity, the essays highlight certain recurring philosophical issues, including the relations between nature and convention, law and justice, human and divine, in light of the indispensable need for questioning and self-knowledge. Taken collectively, the essays disclose intriguing connections among the various authors and texts and display how the themes of nature, law, and the sacred continue to resonate across time. (shrink)

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal (...) law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science. (shrink)

Machiavelli's 500-year-old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present-day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and (...) current relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts. (shrink)

MICHAEL KAMMEN in his book, A Machine That Would Go of Itself, has provided a comprehensive but highly readable history of the role of the Constitution in American culture. He has commented, with notable insight, on the capacity of Americans "to view their Constitution with a vision that was occasionally clouded and frequently bifocal: bifocal in the sense that the Constitution as a cultural symbol, rationalized in various ways, could be seen on a separate plane--or literally through a discrete lens-- (...) class='Hi'>from the Constitution as a 'practical system.' " While Kammen has devoted much detailed attention to "that discrepancy between the applied Constitution and the symbolic constitution," the bulk of his large book centers on the role of the Constitution as cultural icon. In this paper I shall explore what the Constitution as icon represents, although I shall also attend to some critical facets of the Constitution as a practical system. What the Constitution symbolizes has been a major moral and intellectual strand threading together the fabric of Western civilization from antiquity to the present. (shrink)

This article examines the transition from causes to laws in research during the early modern period in Europe. It discusses Stillman Drake's claim that the search for causes of events in nature that guided science from the time of Aristotle was superseded at the dawn of modern science starting with the work of Galileo. However, there are complications for the suggestion that there was a process by which causes gave way to laws in science. This suggests that (...) Drake's remark that there has been a progression in modern science from causes to laws may suggest that there was a decisive and permanent transition to Bishop Berkeley's view that explanation in terms of scientific laws involves a mere subsumption of particular events under inductive generalizations, as opposed to an inference to metaphysically robust causal structures. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the (...) constitution of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

The essays in this book discuss human behavior and the institutions of capitalism. The essays are non-technical and are written so as to be accessible to students of all disciplines and to all other persons interested in capitalism and in economic behavior. They often present unconventional views of the topics they discuss. Those containing unconventional views discuss self-interested behavior, selfish gene theory, the meaning and social function of private ownership, the externality problem, the nature of the firm and the (...) rise of capitalism. The essays are not meant to be a textbook, but they offer a useful supplementary reading source for courses in business, economics and law that deal with human behavior in the marketplace and with capitalism, ownership, markets and firms. (shrink)