This chapter contains sections titled: The Positivist Era, 1890s to 1930s: Eclecticism and Specific Intent The Legal Process Era, 1938–69: Purposive Interpretation Post–Legal Process Theories: 1969–Present References.

How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the legal text. Empirical scholars have studied statutory interpretation from the inside—revealing what rules drafters follow—but never from the outside. We offer a novel framework for (...) empirically testing interpretive canons “from the outside,” recruiting 4,500 people from the United States, as well as a sample of U.S. law students, to evaluate hypothetical scenarios that correspond to each canon’s triggering conditions. -/- The empirical findings provide crucial evidence about which traditional canons “ordinary meaning” actually supports, and they carry several further implications. First, interpretive canons are not a closed set. We discovered new canons that are not yet reflected as legal canons, including one we term the “non-binary gender canon” and another the “quantifier domain restriction canon.” Second, the results support a new understanding of the ordinary meaning doctrine itself, as one focused on the ordinary interpretation of rules, as opposed to the traditional focus on “ordinary language” generally. Third, many of the canons reflect that ordinary people interpret rules with an intuitive anti-literalism. This anti-literalism finding challenges textualist assumptions about ordinary meaning, as well as offering a theme for researching other currently unrecognized canons. Most broadly, we hope the Essay initiates a new research program in empirical legal interpretation. If ordinary meaning is relevant to legal interpretation, interpreters should look to evidence of how ordinary people actually understand legal rules. We see our experiments as a first step in that new direction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, (...) innovated through close commentary on the text (a characteristic sometimes wrongly considered a humanist innovation). Assuming that these texts were fully consistent, largely lacking a sense of historical distance, they “found” the CIC’s dictum on a given question by weaving many passages that seemed to address it partially into a complex logical fabric, and eliminated apparent internal conceptual disparities in the same way. 2But from the fifteenth century such humanists as Lorenzo Valla (1407–57) and Angelo Politiano (1454–94) applied humanist critical methods to the CIC and ridiculed the methods of the civilians. In the early sixteenth century the work of Guillaume Budé (1468–1540), Andrea Alciato (1492–1550), and Ulrich Zasius (1461–1535) intensified the crisis in legal interpretation. Budé, the [End Page 21] period’s leading French humanist, was the first humanist to publish an exhaustive study of Justinian’s Digest, while the Milanese jurist Alciato and the German jurist Zasius were among the first humanist-trained Roman lawyers to tackle the CIC. Across the century’s first three decades these humanists debated each other and other jurists, including the eminent Orléans professor of Roman law, Pierre de l’Estoile (1480–1537), best known to scholars as the teacher of a youthful law student named Jean Calvin. 3 We consider here a debate between Budé, Alciato, and Estoile, which also involved Nicolas Duchemin, Estoile’s student and partisan, and Calvin himself, who made his first appearance in print by contributing a preface to the work of his friend Duchemin. Though often referred to in Calvin scholarship, the debate has never been thoroughly explored. 4 [End Page 22]Unlike some recent studies of interpretation in the Renaissance, this study focuses on each interpreter’s practice, rather than his explicit methodological pronouncements alone, on what Wittgenstein calls a writer’s “language game”—here the meaning of each interpreter’s statements in the context of his interpretive practices. Indeed we shall view this debate as a clash of three “forms of life,” since the three protagonists could not agree as to what rules to follow to determine the meaning of a particular expression. 5In the passage in question, Lex Nec quicquam, §Ubi decretum, from the Digest section On the Duties of the Proconsul and Legate (D.1.16.9.1), the third century Imperial jurist Ulpian, declares:Ubi decretum necessarium est per libellum id expedire proconsul non poterit: Omnia enim quaecunque causae cognitionem desiderant per libellum non possunt expediri. (Where a decretum [decree] is required, the proconsul will not be able to dispose of the matter per libellum. All matters whatsoever requiring causae cognitio [judicial investigation] cannot be disposed of per libellum.)In unravelling the meaning of such key terms as decretum and libellus, the interpreters applied assumptions and practices rooted in both the humanist and [End Page 23] scholastic traditions—sometimes the same individual applied both. The debate presents the issue of interpretation apart from that of textual recovery, for no participant claimed any passage involved had been corrupted or offered a significant variant. Had they possessed the Mommsen edition of the CIC (albeit without necessarily understanding its principles of construction), each would have faced little added difficulty.I. Guillaume Budé on §Ubi decretumGuillaume Budé sparked the debate with his comments on the passage in the first part of his famous study of Justinian’s Digest, the Annotationes in quattuor & viginti Pandectarum libros (1508). He argued that the term libellus as used in the passage meant a supplicatory petition addressed to the Emperor. The matters involved could include both controversial cases, for which the Emperor would rely on the judgment of his council, and uncontested matters in which Emperors acted by their own “liberality or beneficence.” Budé confined himself to the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Experience or Interpretation:"What You See Is Not What You Read"Klaus OttmannMuseums of modern and contemporary art are growing at an unprecedented rate. New museums are being founded and existing ones are expanding exhibition spaces and acquiring more and more works of art. Concurrently, cultural institutions compete with a growing number of art fairs, biennials, galleries, and public collection spaces.Since the 1980s the focus of museums increasingly has (...) been on education and interpretation, which among other things has created a boom for audio guides and scholarly exhibition catalogs at the expense of the unmediated experience of works of art. Perhaps what is needed are exhibitions that present art again primarily as "experience," with minimal curatorial and didactic intervention. [End Page 13]I have borrowed the title of my essay from a lecture that was given by Nicolas Serota, the director of the Tate galleries in London, in 1996. His lecture was subtitled "The Dilemma of Museums of Modern Art."But the question of the presentation of art, and specifically, that of experience vs. interpretation, by no means originated in the last decades. It is at least as old a question as modern art itself, going as far back as the nineteenth-century French intellectual dispute on the museum between the poet Paul Valéry and the novelist Marcel Proust, as recounted with a sympathetic voice by the German philosopher and cultural critic Theodor Adorno in a short essay with the minimalist title "Valéry Proust Museum."There is much to be learned from reading this small text. Paul Valéry criticized the museum of his time (the Louvre) for creating confusion in the mind of the spectator by reducing the experience to the level of information only. No one would want to listen to ten orchestras at once, he argued, yet we are forced to apprehend, at the same moment, a seascape, a portrait, and a still-life, or worse, painting styles completely incompatible with each other. He warned that excess of information would lead to impoverishment of the senses, as art was becoming a matter of education. Valéry's view could be regarded as the conservative position.Marcel Proust's view was more modernist: he regarded the museum as the best place to view art. Devoid of décor and other commonplace distractions, its galleries symbolized for him the inner spaces into which the artist withdraws to create works of art.Both Valéry and Proust emphasized that art should be enjoyed. But while for Valéry art lost its vitality in the museum and effectively "died," Proust saw an afterlife of art in the museum and in the subjective stream of consciousness of the viewer.For Adorno, both views were too one-sided and extreme. Valéry's absolute unwavering contemplation of pure art takes the risk of neutralization, unless the work can point beyond itself toward a social context. Thus, a work of art is neither an embodiment of a Platonic idea, as Valéry believed, nor is it exclusively a reflection of the soul, as Proust understood it. Rather, in Adorno's view, art is a "force field" between the art and the viewer, both passive and active.In his 1931 lectures on "Art as Experience," the American philosopher John Dewey said:The trouble with existing theories [of art] is that they start from ready-made compartmentalization, or from a conception of art that "spiritualizes" it out of connection with the objects of concrete experience. The alternative, however, to such spiritualization is not a degrading... materialization of works of fine art, but a conception that discloses the way in which these works idealize qualities found in common experience.1 [End Page 14]In my book The Genius Decision: The Extraordinary and the Postmodern Condition, I describe the creative act as an active-passive leap that the artist is impelled to make and the viewer is challenged to repeat.Wittgenstein often spoke about the inexpressible, that which is beyond the limits of language. He called it "running against the boundaries of language." It is something any poet, musician, or painter is familiar with; they all run against boundaries of language, sound, or color... (shrink)

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

The puzzle arises because propositions of law seem to be descriptive—they are about how things are in the law, not about how they should be—and yet it has proved extremely difficult to say exactly what it is that they describe. Legal positivists believe that propositions of law are indeed wholly descriptive: they are in fact pieces of history. A proposition of law in their view, is true just in case some event of a designated law-making kind has taken place, and (...) other wise not. This seems to work reasonably well in very simple cases. If the Illinois legislature enacts the words "No will shall be valid without three witnesses, "then the proposition of law, that in Illinois will needs three witnesses, seems to be true only in virtue of that historical event.But in more difficult cases the analysis fails. Consider the proposition that a particular affirmative action scheme is constitutionally valid. If that is true, it cannot be so just in virtue of the text of the Constitution and the fact of prior court decisions, because reasonable lawyers who know exactly what the constitution says and what the courts have done may yet disagree whether it is true. What are the other possibilities? One is to suppose that controversial propositions f law, like the affirmative action statement, are not descriptive at all but are rather expressions of what the speaker wants the law to be.Another is more ambitious: controversial statements are attempts to describe some pure objective or natural law, which exits in virtue of objective moral truth rather than historical decision. Both these projects take some legal statements, at least, to be purely evaluative as distinct from descriptive: they express either what the speaker prefers—his personal politics—or what he believes is objectively required b the principles of an ideal political morality. Neither of these projects is plausible because someone who says that a particular untested affirmative action plan is constitution does mean to describe the law as it is rather than as he wants it to be or thinks that, by the best moral theory, it should be. He might, indeed, say that the regrets that the plan is constitutional and thinks that, according to the best moral theory, it ought not to be.There is a better alternative: propositions of law are not simply descriptive of legal history, in a straightforward way, nor are they simply evaluative in some way divorced from legal history. They are interpretive of legal history, which combines elements of both description and evaluation but is different from both. This suggestion will be congenial, at least at first blush, to many lawyers and legal philosophers. They are used to saying that law is a matter of interpretation; but only, perhaps because they understand interpretation in a certain way. When a statute is unclear on some point, because some crucial term is vague or because a sentence is ambiguous, lawyers say that the statute must be interpreted, and they apply what they call "techniques of statutory construction." Most of the literature assumes that interpretation of a particular document is a matter of discovering what its authors meant to say in using the words they did. But lawyers recognize that on many issues the author had no intention either way and that on others his intention cannot be discovered. Some lawyers take a more skeptical position. They say that whenever judges pretend they are discovering the intention behind some piece of legislation, this is simply a smoke screen behind which the judges impose their own view of what the statute should have been.Ronald Dworkin, professor of jurisprudence at Oxford University, is the author of Taking Rights Seriously and editor of The Philosophy of Law. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal (...) interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

Existing studies of statutory interpretation are often of excellent quality but they have tended either to focus on legal practice to the detriment of comparative jurisprudence, or have examined legal reasoning at a level of abstraction which has made empirical study difficult. The author examines a recent development in this area and considers how it might be used to begin a project to identify any divergences in statutory interpretation among the various legal systems of the United Kingdom.

In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation approach to statutory interpretation, as made by Dworkin in Law's Empire, is explained. I argue that Dworkin underestimates the potential of the counterfactual test in making the speaker's meaning approach more plausible. I also argue that Dworkin's reasons for rejecting the counterfactual test, as proposed in Law's Empire, are either too weak (...) or unsound. A deeper reason for rejecting the counterfactual test as a method for the speaker's meaning approach is proposed in this paper. The difference between the counterfactual test and other tests for legislative intention which seem also to make use of counterfactual conditions in explained. (shrink)

Since its founding in 1943, Medievalia et Humanistica has won worldwide recognition as the first scholarly publication in America to devote itself entirely to medieval and Renaissance studies. Since 1970, a new series, sponsored by the Modern Language Association of America and edited by an international board of distinguished scholars and critics, has published interdisciplinary articles. In yearly hardbound volumes, the new series publishes significant scholarship, criticism, and reviews treating all facets of medieval and Renaissance (...) culture: history, art, literature, music, science, law, economics, and philosophy. (shrink)

This is a collection of seven essays by distinguished Italian scholars on “Hegel Interpreter of Kant.” The occasion for these essays is that 1981 both marks the second centenary of the publication of the first edition of the Critique of Pure Reason and is the one hundred and fiftieth anniversary of Hegel’s death.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 379 Hoedl) would warrant a less minimalistic interpretation of Thomas's prominence in the theological controversies of the 70s and 80s of the thirteenth century. This volume claims to examine Thomas's work and influence in light of the newest research. This is very true of Wielockx's article, but not every contribution equally justifies this claim. Still, this collection is a welcome addition to the ongoing investigation of Thomas's (...) thought. It is all the more regrettable, then, that the publishers have decided upon such an exhorbitant price, apparently resigning themselves to the belief that there is no market for the book outside libraries which have already ordered the series. The editors and contributors deserve a wider audience. Bayerische Akademie der Wissenschaften Munich RICHARD SCHENK, O.P. Edith Stein: Scholar, Feminist, Saint. By FREDA MARY 0BEN. New York: Alba House, 1988. Pp. 80. $5.95 (paper). Essays on Woman. By EDITH STEIN. Edited by Dr. L. Gelber and Romaeus Leuven, O.C.D. Translated by Freda Mary Oben. The Collected Works of Edith Stein, Teresa Benedicta of the Cross, Discalced Carmelite, 1891-1942, vol. 2. Washington, DC: ICS Publications, 1987. Pp. ix + 290. $7.95 (paper). Whether as an ample introduction for one unfamiliar with Edith Stein or as a further education for one who already appreciates her legacy, these two books will serve the reader well. The saintly philosopher and educator became a Carmelite nun and eventually a victim of the Holocaust; she was beatified in 1987. Doctor Freda Mary Oben is well qualified to interpret Stein's writings as she, like Edith Stein, is a convert from Judaism to Catholicism and a scholar as well. She began to study Edith Stein after her conversion but }lad to learn German to do it. Essays on Woman is a testimonial to Oben's nearly 30year enterprise. This work is a translation of Die Frau, Ihre Aufgabe nach Natur und Gnade, which contains Edith Stein's lectures and writings on woman, compiled and edited by Dr. L. Gelber and Romaeus Leuven, O.C.D., of the Archivum Carmelitanum Edith Stein in Brussels. These two works can be read in either order, as each supports and elucidates the other, but for an introduction, Edith Stein: Scholar, Feminist, Saint should be read first. Since Oben refers to Stein as Edith in this work, this reviewer will do the same. 380 BOOK REVIEWS The Edith Stein work consists of three chapters. Chapter One is a 37-page, well-documented biography supported by quotations from Edith's writings. Oben's straightforward, lucid style enhances this compact account of the variety of interesting, inspiring, and gripping details of Edith's life. Oben recounts her own tour of the significant places in Edith's life: Breslau, Gottingen, Bergzabern, Speyer, Miinster, Cologne, Echt, Auschwitz. The narrative is supplemented with eight pages of Stein family photographs in the middle of the book. Throughout her life, Edith Stein maintained a strong love for her family and her own Jewish people. Integrated with this is the develop· ment and growth of her intellectual life: from an ambivalence toward school to her being among the first women to enter a university to her becoming a university professor, all the while struggling from being at first unable to pray to later working among scholars who were deep· ly spiritual. Several of these scholars were converts from Judaism to Christianity and even to Catholicism. Oben shows how Edith followed this same route, relating her scholarly insights in psychology and philosophy to her spiritual ones and finally turning to Catholicism after a casual encounter with a biography of St. Teresa of Avila. Oben shows how, once a Catholic, Edith used her intellectual ability to study the link between woman's nature and religious education. By 1932 Edith was recognized as the intellectual leader of Catholic feminism in Europe. Oben tells of Edith's entrance into the Carmelite Convent in Cologne in 1933, her life there as Sister Teresa Benedicta of the Cross, and her decision, foreseeing the Holocaust, to hear the Cross for the Jewish people. In a brief but captivating account, Oben tells of Edith's hasty transfer from Cologne to... (shrink)

As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting (...) the kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles. (shrink)

Since the 19th century Renaissance studies gained gradually autonomy from the Medieval and the Early Modern studies. In countries like Greece, where the traditional view was that no Renaissance occurred in the Balkan Peninsula during the 14th -16th century as a result of the Turkish occupation, Renaissance studies had to struggle to gain autonomy and distinct presence in the curricula of Greek universities. This article aims to present the current status of the Renaissance studies in (...) the Greek universities and to give a critical account of it. The interest for Renaissance studies in Greece is not increased. Usually, Greek scholars and students feel awkward towards that period because they think of Renaissance as something alien to their culture. It is common among scholars of humanities when they refer to the period from 1450-1600, to use the term “post-byzantine” instead of Renaissance. Also, Renaissance studies do not have a rich tradition in Greek universities. There were no major academic figures who were experts in the period so as to promote Renaissance studies and leave a legacy of students and written works. Other Greek scholars hold that the Renaissance is not a distinct period and should be studied in the pattern of the Modern European period. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original (...) scholarly contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original (...) scholarly contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original (...) scholarly contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

Nem sempre é claro o método que os juízes utilizam para interpretar a lei aplicável aos casos a serem julgados. Vários filósofos do direito argumentam que se deve investigar a intenção do legislador para alcançar um julgamento adequado. Por outro lado, autores dentre os quais se inclui Ronald Dworkin explicam como esse método de interpretação não é útil e nem deve ser considerado correto. Este ensaio enfoca especialmente no pensamento de Ronald Dworkin e em suas explicações sobre o assunto.

In lieu of an abstract, here is a brief excerpt of the content:Paul Oskar Kristeller 1905–1999Edward P. MahoneyPaul Oskar Kristeller was without doubt one of the most productive and accomplished scholars of this century. He received an excellent education in the classics at the Mommsen-Gymnasium in his native Berlin before going to the University of Heidelberg in 1923. There he pursued studies in a wide range of subjects, including medieval history, German literature, physics, and art history. The philosophy professors (...) who much influenced him both at Heidelberg and at Freiburg and Marburg were Ernst Hoffman, Karl Jaspers, Richard Kroner, and Martin Heidegger. In 1929 he received his doctorate from Heidelberg for his dissertation Der Begriff der Seele in der Ethik des Plotin, which was directed by Hoffman and published at Tübingen the same year. He then went to Berlin, where he engaged in formal studies in classical philology before going to Freiburg to do postgraduate work in philosophy with Heidegger during the years 1931 to 1933. Heidegger approved a study of Marsilio Ficino as Kristeller’s Habili-tationschrift and helped him to secure a fellowship enabling him to do research on Ficino and to begin writing. After visiting Italy during this period and taking into account the changed political scene in Germany, Kristeller decided in 1934 to move to Italy permanently. He taught in Florence in a high school for German Jewish students until he secured in 1935, with the help of Giovanni Gentile, a lectureship in German at the Scuola Superiore and the University of Pisa. He maintained throughout his academic career a personal and warm attachment to the Scuola Superiore. Moreover, he enjoyed throughout his subsequent career a warm and personal friendship with various Italian scholars that was first developed during his Italian stay in the thirties.While still in Italy, Kristeller completed his book on Ficino in 1937; he prepared an Italian version the next year. However, both the German and Italian versions would be published only years later. During this period he also engaged in manuscript studies in the major Italian cities, searching in particular for Ficino manuscripts. The result of these labors was his two-volume work, Supplementum Ficinianum: Marsilii Ficini Philosophi Platonici Opuscula Inedita et Dispersa, which was published by the Scuola Normale in 1937. He considered his “teachers” in manuscript studies to be Giovanni Cardinal Mercati, Monsignor Auguste Pelzer, and Ludwig Bertalot. Giovanni Gentile aided the publication of Kristeller’s Supplementum Ficinianum and subsequently helped him to emigrate to the United States. Kristeller always maintained a loyalty to Gentile and felt gratitude to him for extending him such help.In 1938 Kristeller lost his position at Pisa because of the Fascist anti-Semitic laws, but he was permitted to go to Rome where he assisted Bertalot in manuscript research at the Vatican library. Through the intervention of Roland H. Bainton, Dean P. Lockwood, Dom Anselm Strittmater, O.S.B., and other American [End Page 758] friends Kristeller was able to leave for the United States. He arrived at New York in February 1939 and spent the Spring term at Yale University. He was given an adjunct position at Columbia University for the fall term, holding the rank of Associate until 1948, when he was made an Associate Professor of Philosophy. By that time he had established himself as a major force in the development of Renaissance studies in the United States. His book on Ficino was translated into English as The Philosophy of Marsilio Ficino and published in 1943 by the Columbia University Press. The Italian version was published at Florence in 1953; a revised edition, containing a new bibliography that had been brought up to date, appeared in 1988.Kristeller published a large number of articles on a wide range of topics, establishing himself as a major interpreter of the significance of Renaissance humanism as well as a leading authority not only on Ficino and Renaissance Platonism but also on Pietro Pomponazzi and Renaissance Aristotelianism. He developed at Columbia bonds of friendship with Ernest A. Moody and John Herman Randall, Jr., both of whom had strong interests in late-medieval Aristotelianism. With Randall and Ernst Cassirer he prepared what would become a bestseller, the Renaissance Philosophy of Man: Selections... (shrink)

The definitive account of Aristotle's life and school This definitive biography shows that Aristotle's philosophy is best understood on the basis of a firm knowledge of his life and of the school he founded. First published in Italian, and now translated, updated, and expanded for English readers, this concise chronological narrative is the most authoritative account of Aristotle's life and his Lyceum available in any language. Gathering, distilling, and analyzing all the evidence and previous scholarship, Carlo Natali, one of the (...) world's leading Aristotle scholars, provides a masterful synthesis that is accessible to students yet filled with evidence and original interpretations that specialists will find informative and provocative. Cutting through the controversy and confusion that have surrounded Aristotle's biography, Natali tells the story of Aristotle's eventful life and sheds new light on his role in the foundation of the Lyceum. Natali offers the most detailed and persuasive argument yet for the view that the school, an important institution of higher learning and scientific research, was designed to foster a new intellectual way of life among Aristotle's followers, helping them fulfill an aristocratic ideal of the best way to use the leisure they enjoyed. Drawing a wealth of connections between Aristotle's life and thinking, Natali demonstrates how the two are mutually illuminating. For this edition, ancient texts have been freshly translated on the basis of the most recent critical editions; indexes have been added, including a comprehensive index of sources and an index to previous scholarship; and scholarship that has appeared since the book's original publication has been incorporated. (shrink)

The definitive account of Aristotle's life and school This definitive biography shows that Aristotle's philosophy is best understood on the basis of a firm knowledge of his life and of the school he founded. First published in Italian, and now translated, updated, and expanded for English readers, this concise chronological narrative is the most authoritative account of Aristotle's life and his Lyceum available in any language. Gathering, distilling, and analyzing all the evidence and previous scholarship, Carlo Natali, one of the (...) world's leading Aristotle scholars, provides a masterful synthesis that is accessible to students yet filled with evidence and original interpretations that specialists will find informative and provocative. Cutting through the controversy and confusion that have surrounded Aristotle's biography, Natali tells the story of Aristotle's eventful life and sheds new light on his role in the foundation of the Lyceum. Natali offers the most detailed and persuasive argument yet for the view that the school, an important institution of higher learning and scientific research, was designed to foster a new intellectual way of life among Aristotle's followers, helping them fulfill an aristocratic ideal of the best way to use the leisure they enjoyed. Drawing a wealth of connections between Aristotle's life and thinking, Natali demonstrates how the two are mutually illuminating. For this edition, ancient texts have been freshly translated on the basis of the most recent critical editions; indexes have been added, including a comprehensive index of sources and an index to previous scholarship; and scholarship that has appeared since the book's original publication has been incorporated. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Lost Italian Renaissance: Humanists, Historians, and Latin’s LegacyPaul Richard BlumChristopher S. Celenza. The Lost Italian Renaissance: Humanists, Historians, and Latin’s Legacy. Baltimore: The Johns Hopkins University Press, 2004. Pp. xx + 210. Cloth, $45.00This is a programmatic book about why and how philosophy should care about Renaissance texts. Celenza starts with an assessment of the neglect of the wealth of Latin Renaissance [End (...) Page 485] sources by nineteenth-century historiography, followed by portraits of two prototypal twentieth-century historians and their philosophical approach. He proposes a method of study for Renaissance thinkers and exemplifies it with two key figures and with the concept of honor. A survey of the field of study and an appendix concerning Renaissance research in the US conclude the book."The Renaissance" as a field of research between the Middle Ages and what is now cowardly called "Early Modern" became legitimate through the awakening of national consciousness in the nineteenth century. Consequently, the emphasis lay on vernacular language works in Italy and elsewhere. Latin Renaissance literature never was worthy of Grossforschung, i.e., of national projects like the academy enterprises concerning world history or classical studies, even though classical philology originated in the humanists' emulation of the ancients. This however would be absorbed by the nineteenth-century idea of national character (12).Italian Hegelianism of the nineteenth and early-twentieth century included Renaissance philosophy in the evolution of national spirit, and the late Eugenio Garin as its pupil spent his scholarly life portraying with astounding precision and detail Italian Humanism and Renaissance as a dialectic and rational development. Equally diligent was the German born Paul Oskar Kristeller, clinging, however, to a very different understanding of philosophy, which Celenza describes as rationalist in the Kantian and metaphysical in the Platonico-Aristotelian tradition (41). Here the author underestimates the influence of Heidegger on Kristeller: his dissertation was clearly an interpretation of Plotinus in the light of existentialism, which still transpires in his famous Ficino book and many later philosophical statements. The problem with both approaches, that of Garin and that of Kristeller, is that those philosophers who ignore history (deliberately or incidentally) and those who lost an understanding of metaphysics do not know how to read Renaissance thinkers.'Microhistory' is the formula Celenza proposes: Richard Rorty's abolishing the notion of 'representing' reality in favor of evocation and conversation—both for the interpretation of the past and the past itself—and Pierre Bourdieux's notions of 'field' and 'relational thinking' open the possibility of locating past thinkers in their community and, consequently, the meaning of their philosophical endeavor. What Celenza exercised with Garin and Kristeller applies also to Renaissance authors. Under the heading 'Orthodoxy,' Celenza shows that it is unfortunate to censure Lorenzo Valla (+ 1457) or Marsilio Ficino (+ 1499) as being unorthodox or as precursors to the Reformation, because this perspective misses the point of their lives' work—namely, to find out what makes Christian beliefs and their sources Christian. Valla's discoveries in Greek and Latin philology and Ficino's experiments with magic are part of their scrutiny of orthopraxy (my term), the right way of Christian life, and are embedded in their conversations with friend and foe, who in some cases still await discovery. The far-reaching message of these two samples is: reading their work and studying their conversations is the way to study philosophy in the fifteenth century.The same is proven by engaging in social concepts such as 'honor.' Starting with a surprising appreciation of gender studies, Celenza suggests taking a look at intellectual masculinity among courtiers and writers. Then it turns out that Machiavelli bequeathed to modernity—perhaps as a caricature—the structure of struggle for power, ideas, and provision in which humanists were engaged, being the first large generation of intellectuals outside the safe haven of cathedrals and convents."What is really there?" is the concluding question. A new canon, the prelude to early modern sociology of scholarship, and models of—presently highly acclaimed—contextualization of intellectual productivity. Returning to the Latinity of Renaissance sources Celenza shows that even the emergence of vernacular literature, which bewitched nationalist historiography, was by itself a fruit... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 477 (p. 32), although some might consider him to have been an important historian of logic. I am not certain that citing Carnap and Heideggar (p. 75) can do much to clarify Vires. When one reads 'Henrique Estienne' and "Hipotiposes pirronicas" (p. 266) in an Italian book he is a bit taken aback and wonders whether the author has done his homework. The writer missed a golden (...) opportunity to connect Galileo to the tradition, for his still unpublished Quaestiones on logic and the De motu (both written before 1600) have many interesting comments which tie in directly with the material developed in this volume. This could have provided an excellent bridge to the next'century, when the analytic method began to take a more central role in scientific and methodological discussions. There is still room for a number of studies on the evolution of the analytic method during the Renaissance. Unfortunately Crescini's study barely scratches the surface of this immense subject. Let us hope that his book will at least have the effect of encouraging others to treat the matter with more care, in greater depth, and more exhaustively. The volume is provided with a preface by Giorgio Radetti, who claims more for it than it actually provides, as well as noting that it is the first part of a more comprehensive study by the same author on the formation of the analytic method in Cartesian philosophy (p. 5). The book has a useful index, but unfortunately no bibliography. CHARLESB. ScxiMrrr The University of Leeds Le thomisme et la pens#e italienne de la Renaissance. By Paul Oskar Kristeller. Conference Albert-le-Grand 1965. (Montr6ah Institut d'~tudes m~di~vales, and Paris: Vrin, 1967. Pp. 287. $6) Surprisingly little is known about the later history of Thomism. This brief but very rich lecture by Professor Kristeller, renowned historian of Italian Renaissance philosophy, examines one period in the later career of St. Thomas' thought. This study, based chiefly on unpublished source material, shows that Thomas was very much present to both the humanists and to the academic philosophers during the Renaissance. Such leading humanists as Lorenzo Valla, Giovanni Pico della Mirandola, and Marsilio Ficino, quote St. Thomas frequently and with approval. Even the unfavorable attitudes of Ermolao Barbaro or Baptista Mantuanus show that Thomas was already the most celebrated of mediaeval philosophers. The professors of philosophy at Italian universities, such as Pierre Pomponazzi, speak of Thomas with great respect and regard his theology as in conformity with the truths of faith, even when they reject his philosophy as being in disaccord with the authentic teaching of Aristotle. St. Thomas made a continuous contribution to the development of Renaissance theology and philosophy. Yet the principal Italian thinkers did not follow him strictly nor fall under his exclusive influence. Thomas is merely one of the most important sources, not the prevailing influence, in Renaissance thought. Ficino, for example, is,178 HISTORY OF PHILOSOPHY in accord with Thomas on certain important points, but his own theology is more in the spirit of Plato and Augustine. Professor Kristeller's vast learning is at the service of admirably balanced conclusions. Not everyone will agree with all his interpretations; Ficino perhaps did not imagine himself to be "constructing a system of philosophy" (p. 96) since the very title of his work, Theologia platonica, suggests that he continues, with new materials, the labor of mediaeval theolo#ans. And Ficino's doctrine of the continuity of the supernatural life of the soul in this world and the next (p. 120) seems to be completely in accord with Thomas. But the author's very careful scholarly method and sound general conclusions are beyond criticism. Two hitherto unpublished Latin texts are printed in critical edition at the end of the French lecture, the Opus aureum in Thomistas by Baptists Mantuanus, which is anti-Thomas, and the Opusculum ad Laurentium Medicem on beatitude, by Vincentius Bandellus, which is pro-Thomas. Like Professor Kristeller's fine lecture, these new texts are a permanent contribution to scholarship. PAUL J. W. MILLER University of Colorado The Anatomy of Leviathan. By F. S. McNeilly. (New York: St. Martin's Press, 1968. Pp... (shrink)

The Standard Picture holds that the contribution to the law made by an authoritative legal pronouncement is directly explained by the linguistic content of that pronouncement. This essay defends the Standard Picture from Mark Greenberg’s purported counterexamples drawn from patterns of statutory interpretation in U.S. criminal law. Once relevant features of the U.S. rule of recognition are admitted into the analysis—namely, that it arranges sources of law hierarchically, and that judicial decisions are sources of valid law—Greenberg’s counterexamples are revealed (...) as only apparent, not genuine. The legal norms that result from the patterns of interpretation he identifies can be directly explained in terms of the linguistic contents of authoritative pronouncements: judicial decisions. Furthermore, those norms can be understood as modifications of the valid norms contained in their originating statutes because judicial decisions are permitted ‘explanatory intermediaries’ of statutes by the rule of recognition. (shrink)

Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws (...) are rather directed towards Crito, Socrates' decent and unphilosophic friend. (shrink)

In this work we study, design, and evaluate computational methods to support interpretation of statutory terms. We propose a novel task of discovering sentences for argumentation about the meaning of statutory terms. The task models the analysis of past treatment of statutory terms, an exercise lawyers routinely perform using a combination of manual and computational approaches. We treat the discovery of sentences as a special case of ad hoc document retrieval. The specifics include retrieval of short texts, (...) specialized document types, and, above all, the unique definition of document relevance provided in detailed annotation guidelines. To support our experiments we assembled a data set comprising 42 queries which we plan to release to the public in the near future in order to support further research. Most importantly, we investigate the feasibility of developing a system that responds to a query with a list of sentences that mention the term in a way that is useful for understanding and elaborating its meaning. This is accomplished by a systematic assessment of different features that model the sentences’ usefulness for interpretation. We combine features into a compound measure that accounts for multiple aspects. The definition of the task, the assembly of the data set, and the detailed task analysis provide a solid foundation for employing a learning-to-rank approach. (shrink)

A new biography of one of the founding fathers of the Scientific Revolution, Robert Boyle, is no easy undertaking, but no scholar is better poised to give us a revisionist view of this iconic figure than Michael Hunter. For fourteen years Hunter, together with Edward Davis, supervised the definitive fourteen‐volume edition of Boyle's complete works, published and unpublished. This was the first such undertaking since the 1744 edition compiled by the cleric and antiquary Thomas Birch. Almost no Boyle scholar (...) has been as privileged—or as dogged—in probing every bit of Boyle's legendary scribblings as Hunter. With his new biography, which gestated for decades and reflects the accumulating wisdom gained only with disciplined, persistent, and wide‐ranging reading, Hunter has shed new light on Boyle's life and character. Specialists will delight in having Hunter's path‐breaking articles gathered together in one volume from journals as far ranging as the Journal of Ecclesiastical History and Medical History to the more standard venues of the profession.Which Boyle have historians of early modern science more recently encountered, and how does Hunter's book enhance or change our understanding? Richard S. Westfall and Marie Boas Hall produced portraits of Boyle as a bona fide, uncomplicated mechanist devoted to testing his view of the universe by frequent experimentation. Steven Shapin and Simon Schaffer in their Leviathan and the Air‐Pump set the stage for a more complex version of Boyle. They portrayed him as a consummate strategist who craftily used his experimental philosophy to serve his own conservative political and social agendas. Shapin's more recent A Social History of Truth claimed that Boyle relied heavily on his social status to carefully craft his public image as a gentleman in order to gain credibility and trust from his audiences. Lawrence Principe in his Aspiring Adept: Robert Boyle and His Alchemical Quest has shown us a Boyle who was passionately committed to alchemy and fascinated by, if fearful of, magic. Barbara Kaplan in her Divulging of Useful Truths in Physick emphasized Boyle's long‐standing interests in medical issues and medical practices.What sort of Boyle does Hunter offer his audience, and how has his high place in Boyle scholarship enabled him to present such a novel interpretation? Hunter shows us a Boyle whose fully complex personality directly contributed to, and thwarted, his scientific production as an experimenter. Hunter's analysis is not deeply seated in psychoanalytical theory but, rather, emerges from a fine‐grained analysis of Boyle's intense religious preoccupations. In the case of Boyle, Hunter argues, earlier eighteenth‐century biographers—including Gilbert Burnet, Roger North, Henry Miles, and William Wooton—produced adulation for a figure whose deep religiosity enhanced his scientific endeavors. Rather than casting his lot with contemporaries who sought a conservative solution to church and state relations after 1660, Boyle had troubling religious preoccupations so that things for him were not so simple, as Hunter shows. Indeed, Boyle befriended and associated with men who were openly acknowledged as mystics and enthusiasts and never allied himself exclusively—or even primarily—with Church of England spokesmen or ecclesiastics. Moreover, Hunter argues, Boyle felt more acutely aware of the dangers of excessive rationalism than he did of the claims of direct divine inspiration. Boyle's religious anxieties, far from mere youthful preoccupations, plagued him throughout his lifetime. Hunter reproduces Boyle's notes on two full confessional interviews he had with two prominent churchmen toward the end of his life. The two churchmen, Gilbert Burnet and Edward Stillingfleet, appeared unsympathetic with the great man's scruples over the legitimacy of his ownership of considerable lands once belonging to the Church. But for Boyle this was no trivial matter; throughout his life he was similarly plagued about the moral rectitude of inheritances from his wealthy father, about constant incursions of blasphemous thoughts, and about the moral propriety of taking oaths. Indeed, for Hunter Boyle's obsessive concern in salving his conscience induced his refusal to accept the presidency of the Royal Society in 1680 because of the oath‐taking necessitated by the position. His tortuous, obsessive religious preoccupations, Hunter argues, find their parallels in Boyle's equally exacting procedures related to his punctilious scientific experiments. Thus, while some historians might see the scrupulous religiosity of Boyle as “dysfunctional,” the same instincts and personality features made him a highly “functional” scientist.Hunter's careful probing of Boyle's defensive apologies, frequently found as prefatory material in his published treatises, reveals another side of Boyle, hitherto largely ignored by his biographers. Excessively concerned about his reputation for establishing new empirical findings, Boyle reveals himself to Hunter in several instances as a masterful dissembler or plagiarist, careful in the extreme to conceal his debts to empirics, compilers, and less learned or less socially prominent men, including George Starkey, William Salmon, Johann Glauber, J. J. Becher, and Jean‐Baptiste DuHamel. What emerges from Hunter's depiction is the antithesis of the decisive, manipulative, socially prepossessing Boyle that Shapin has depicted. What Hunter furnishes is a Boyle who is perhaps far more insecure than the one historians have allowed themselves to envision and who struggled to hide his own vulnerability and inadequacy.In a satisfying exploration of Boyle's connections with medical circles, Hunter searches to explain why Boyle, well known among his contemporaries for enjoying a constant state of ill health and for his dissatisfaction with learned Galenic medicine passed down by the esteemed physicians of his day, was, nevertheless, so loath to publish his stinging criticisms of the medical profession. Historians have long recognized that Boyle evinced strong interest in medical matters from the time of his early researches with physicians in the 1650s in Oxford and that he continued to write about medical issues for the next several decades of his life. But Boyle was acutely aware—as his prefaces attest—that he was not a member of the profession and that his access to sick bodies was severely constricted by his status as a gentleman. Hunter suggests that Boyle's reticence in publishing his attacks on the Galenists owed something to his social position—he was, after all, on good social terms with many eminent physicians. His deference, Hunter argues, owed not just to his hesitation to attack a well‐respected profession, but also to his diffidence about proclaiming universal truths on matters as changeable—and ultimately untestable—as sick human bodies. Hunter further probes another paradox of Boyle's life. We know that Boyle freely gave out his medical advice and medicines that were produced in his private laboratory to friends and acquaintances and that, furthermore, he saw this as a moral duty and Christian charity. Yet Boyle, the champion of open communication in matters of natural philosophy, steadfastly refused to publish his medicine recipes . His unpublished drafts reveal a Boyle who was sharply committed to widening the access of his poor countrymen to chemically prepared and effective medicines. But Boyle stopped well short of making these recipes available for wider dissemination through the medium of print. Why? Again Hunter presents no simple answers but suggests a medley of motives. Exquisitely sensitive to his own reputation, Boyle, in part, may have censored himself lest he be seen as the equal of empirics, apothecaries, and quacksalvers, all abundant and thriving in London in the 1670s. Despite his high‐minded sense of philanthropy, Boyle was particularly concerned about his public persona, so much so that his private passions at times took second seat. Hunter suggests a similar explanation for Boyle's refusal to forthrightly publish his investigations of supernatural phenomena, including witchcraft, visions, angelic apparitions, and second sight. In addition to his strong religious scruples that such investigations might be tainted by demonic participation, Boyle censored himself out of his fear of the charge of easy credulity. As popular satires of experimenters were beginning to pour forth from the pens of Thomas Shadwell and Samuel Butler, Boyle must have smarted at the thought of being classified among those indulging in magical pursuits unbecoming to a genteel experimenter. Hunter concludes by revealing a Boyle far from being a confident showman and expositor of the new science. Instead he shows us a conflicted, ambivalent man who suffered from his high social status, even as he manipulated it for his own aggrandizement or for that of the Royal Society and its experimental program.Hunter's depiction of a tortured man—hitherto most often conceived as an iconic devotee of experimental science or as a consummate, self‐fashioning, smooth‐talking gentleman—will not sit well with some historians. Nor will his characterization of Boyle's lifelong religious scruples sit well. Just as Lawrence Principe presented readers with a disturbing vision of a Boyle duped by alchemical operators or conversing with angelic voices, Hunter offers up a tentative, hesitant, and uncertain man who does not seem to fit with earlier portraits. With extremely convincing and documented evidence, Hunter draws a complex, strong personality that left its stamp on his scientific agenda. Hunter's most piercing insight is to see Boyle's deep‐seated diffidence not as an obstacle to his science but as a driving force behind his commitment to experimentalism. In the end Hunter's view will outlast earlier, less complex versions. (shrink)

By "theory" we mean a special project in literary criticism: the attempt to govern interpretations of particular texts by appealing to an account of interpretation in general. The term is sometimes applied to literary subjects with no direct bearing on the interpretation of individual works, such as narratology, stylistics, and prosody. Despite their generality, however, these subjects seem to us essentially empirical, and our argument against theory will not apply to them.Contemporary theory has taken two forms. Some theorists have sought (...) to ground the reading of literary texts in methods designed to guarantee the objectivity and validity of interpretations. Others, impressed by the inability of such procedures to produce agreement among interpreters, have translated that failure into an alternative mode of theory that denies the possibility of correct interpretation. Our aim here is not to choose between these two alternatives but rather to show that both rest on a single mistake, a mistake that is central to the notion of theory per se. The object of our critique is not a particular way of doing theory but the idea of doing theory at all.Theory attempts to solve—or to celebrate the impossibility of solving—a set of familiar problems: the function of authorial intention, the status of literary language, the role of interpretive assumptions, and so on. We will not attempt to solve these problems, nor will we be concerned with tracing their history or surveying the range of arguments they have stimulated. In our view, the mistake on which all critical theory rests has been to imagine that these problems are real. In fact, we will claim such problems only seem real--and theory itself only seems possible or relevant—when theorists fail to recognize the fundamental inseparability of the elements involved.The clearest example of the tendency to generate theoretical problems by splitting apart terms that are in fact inseparable is the persistent debate over the relation between authorial intention and the meaning texts. Some theorists have claimed that valid interpretations can only be obtained through an appeal to authorial intentions. This assumption is shared by theorists who, denying the possibility of recovering authorial intentions, also deny the possibility of valid interpretations. But once it is seen that the meaning of a text is simply identical to the author's intended meaning, the project of grounding meaning in intention becomes incoherent. Since the project itself is incoherent, it can neither succeed nor fail, hence both theoretical attitudes toward intention are irrelevant. The mistake made by theorists has been to imagine the possibility or desirability of moving from one term to a second term , when actually the two terms are the same. One can neither succeed nor fail in deriving one term from the other, since to have one is already to have them both.In the following two sections we will try to show in detail how theoretical accounts of intention always go wrong. In the fourth section we will undertake a similar analysis of an influential account of the role interpretive assumptions or beliefs play in the practice of literary criticism. The issues of belief and intention are, we think, central to the theoretical enterprise; our discussion of them is thus directed not only against specific theoretical arguments but against theory in general. Our examples are meant to represent the central mechanism of all theoretical arguments, and our treatment of them is meant to indicate that all such arguments will fail and fail in the same way. If we are right, then the whole enterprise of critical theory is misguided and should be abandoned. (shrink)

THE HISTORY OF IDEAS is full of more tall stories than most other departments of history. Here are three which manage to combine initial implausibility with impregnability to refutation: that in the Middle Ages it was believed that the world was flat; that medieval philosophers debated as to how many angels could dance on the head of a pin; that Galileo revolutionised physics by dropping weights from the Leaning Tower of Pisa. None of these stories is true, and no competent (...) historian has asserted any of them, but none shows any sign of disappearing from the public consciousness. (shrink)

Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case that is (...) not explicitly considered by the law. The paper deals with this issue discussing a recent Italian case and proposes an account of the distinction between the two based upon the principle of semantic tolerance and its inferential structure in legal argumentation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 471-475 [Access article in PDF] Cosmopoiesis. The Renaissance Experiment, by Giuseppe Mazzotta; xvi & 106 pp. Toronto Italian Studies/Goggio Publication Series. Toronto: Toronto University Press, 2001; $35.00 cloth, $16.95 paper. There is a sense in which this (most recent) book by Giuseppe Mazzotta might be seen as having been born out of his previous book The New Map of the World: The Poetic (...) Philosophy of Giambattista Vico (Princeton University Press, 2000). For there is something unmistakably Vichian in Mazzotta's "reading" of the Renaissance as it has been revealed in his Cosmopoiesis. As a matter of fact, it is in the "Preface" to his book that Mazzotta explicitly gives a number of reason why Giambattista Vico's philosophy of history could be taken as a valuable and quite promising starting point for a better understanding of "the Renaissance experiment": "The first is that he theorized art as poiesis or making and as the work of the imagination. The second reason is that he lucidly understood the Renaissance as the ambiguous time of both extraordinary achievements and inexorable decadence. The third reason is that Vico obliquely suggests how we can move beyond the limits in our current understanding of the Renaissance" (pp. xv-xvi). Mazzotta is deeply sympathetic with this cluster of Vichian insights, which insights will constitute, so to speak, the primum movens behind his own interpretative approach to the Renaissance world, and he takes as his major task in Cosmopoiesis to creatively develop and boldly expand them.The book is actually a collection of four ample essays (resulting—largely—from the Goggio Lectures the author delivered at the University of Toronto in the fall of 1999): "Poliziano's Orfeo: The World as Fable"; "Ariosto and Machiavelli: Real Worlds/Imaginary Worlds"; "Adventures of Utopia: Campanella, Bacon, and The Tempest"; and "The Ludic Perspective: Don Quixote and the Italian Renaissance." All of these essays are "variations on the same theme," attempts at putting under a careful scrutiny one of the most fascinating aspects of the European Renaissance: the topic of "the invention of the world and the notion of making through utopias, magic, science, art, and the theatre. These are the imaginative elements that characterize the paradigm shift from the Middle Ages to the modern ages ushered in by the Renaissance" (p. xiii). [End Page 471]As such, the Renaissance marks, in Mazzotta's view, the spectacular emergence of the myth of world-making (cosmopoiesis), a myth with a tremendously wide success, a myth that was eventually to become one of the very foundations on which our own world is built. When Dr. Faust, in his quite unorthodox work as a translator, was looking for an "appropriate" equivalent of Logos, as it appears in St. John's Gospel, he unreservedly dismissed the Word (das Wort), only to embrace the deed: Am Anfang war die Tat ("In the beginning there was the deed"). Making, in the most general sense of the word (and along with the numerous symbols, representations, and values associated with it), is not for the modern man a cultural trait among others, but it is, so to say, a matter of life and death, a question of self-definition andultimate identity. For making is not only about the world one lives in (world-making), about conferring upon it a new content, or a new meaning, appearance, etc., but—maybe more importantly—making is also about the very identity of the one who lives in that world (self-making), about her or his most intimate constitution. Mazzotta considers that in order for a historian to understand exactly man's position in the world at a given moment in history s/he has to take seriously into account the deeper, sometimes obscure, theological and metaphysical presuppositions hidden behind—and, actually, making possible—the current, immediately visible cultural representations: "The modern world is no longer, as it was in the Middle Ages, a book that pre-exists us and whose signs we seek to decipher in the light of precepts drawn from biblical hermeneutics. The modern world [...] is made by human... (shrink)

This collection of essays, written by leading experts, showcases historiographical problems, fresh interpretations, and new debates in medieval and Renaissance history and political thought. Recent scholarship on medieval and Renaissance political thought is witness to tectonic movements. These involve quiet, yet considerable, re-evaluations of key thinkers such as Thomas Aquinas and Machiavelli, as well as the string of lesser known "political thinkers" who wrote in western Europe between Late Antiquity and the Reformation. Taking stock of thirty years of (...) developments, this volume demonstrates the contemporary vibrancy of the history of medieval and Renaissance political thought. By both celebrating and challenging the perspectives of a generation of scholars, notably Cary J. Nederman, it offers refreshing new assessments. The book re-introduces the history of western political thought in the Middle Ages and the Renaissance to the wider disciplines of History and Political Science. Recent historiographical debates have revolutionized discussion of whether or not there was an "Aristotelian revolution" in the thirteenth century. Thinkers such as Machiavelli and Marsilius of Padua are read in new ways; less well-known texts, such as the Irish On the Twelve Abuses of the Age, offer new perspectives. Further, the collection argues that medieval political ideas contain important lessons for the study of concepts of contemporary interest such as toleration. The volume is an ideal resource for both students and scholars interested in medieval and Renaissance history as well as the history of political thought. (shrink)

Francisco Suárez is arguably the most important Neo-Scholastic philosopher and a vital link in the chain leading from medieval philosophy to that of the Renaissance and the Enlightenment. Long neglected by the Anglo-Saxon philosophical community, this sixteenth-century Jesuit theologian is now an object of intense scholarly attention. In this volume, Daniel Schwartz brings together essays by leading specialists which provide detailed treatment of some key themes of Francisco Suárez's philosophical work: God, metaphysics, meta-ethics, the human soul, action, ethics and (...) law, justice and war. The authors assess the force of Suárez's arguments, set them within their wider argumentative context and single out influences and appraise competing interpretations. The book is a useful resource for scholars and students of philosophy, theology, philosophy of religion and history of political thought and provides a rich bibliography of secondary literature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 99 wir ihn konfrontieren (S.95, 147). Auch wer mit Piepers Stellungnahmen nicht einverstanden ist, wird ihnen schwerlich seinen Respekt versagen k6nnen. PHILIP MERLAN Scripps College Platonismus und Christliche Philosophic. By Ernst Hoffmann. (Zurich and Stuttgart: Artemis-Verlag, 1960. Pp. 502.) Ernst Hoffmann (1880-1952), one of the leading German historians of philosophy of his generation, was best known for his studies on Plato and his influence, and as the (...) chief editor of the critical edition of Nicolaus Cusanus' works which is still being published under the auspices of the Heidelberg Academy of Sciences.1He taught for many years at the MommsenGymnasium in Berlin, and at the University of Heidelberg, and this reviewer is proud of having been one of his pupils at both institutions. Hoffmann's numerous publications are widely scattered and difficult of access, and the present volume, edited by W. Riiegg, in collaboration with H. G. Gadamer and P. Wilpert, will be most welcome to all scholars interested in the history of philosophy. It makes available a significant selection of Hoffmann's smaller studies that deal with a number of thinkers and problems from Plato to Kant and were published between 1923 and 1949 (including two papers not previously published). There is an epilogue by Riiegg (pp. 498-499), and a biography of Hoffmann, with a bibliography of his writings, by P. Wilpert (pp. 479-497).' Hoffmann's interpretation of Plato is represented in this volume by a paper entitled "Platon und der Platonismus" (pp. 42-64), and by a large section of his famous study, "Platonismus und Mittelalter" (pp. 230-311). His monograph on Plato was published separately in 1950. Hoffmann's view of Plato is characterized by a strong emphasis on the sharp dualism between the sense world and the Ideas (p. 230 ff.), on the role of mathematics and dialectic in the thought of Plato, and on the ethical message of the dialogues. His interpretation is fortified by a firm mastery of the entire text and animated by a strong personal and philosophical commitment to Plato's thought as he understands it. He shows little sympathy for the recent tendency to bridge the gap between Plato and Aristotle through a reconstruction of the late Plato and the early Aristotle, and does not hesitate to identify the demiurge of the Timaeus with the idea of the good in the Republic (p. 277), xIt is a pity that R. Klibansky in his bibliographical survey on Cusanus, which is essentially limited to books published between 1949 and 1955, found no occasion to mention Hoffmann's contributions to the subject (International Institute of Philosophy, Philosophy in the MidCentury, A Survey, ed. g. Klibansky, IV, Florence, 1959, pp. 88-94). 2To the bibliography, I should like to add Hoffmann's review of J. Burnet's Platonism (Berkeley, 1928), in: Gnomon, V (1929), 641-648. Another collection of Hoffmann's articles appeared in 1955 under the title: Piidagogischer Humanismus. 100 HISTORY OF PHILOSOPHY a point on which not all interpreters would agree? He expresses some respect for Aristotle, but considers Platonism and Aristotelianism as basic philosophical alternatives between which no real compromise is possible (p. 433). Since his own preference for Plato is obvious, he cannot help rejecting Aristotle and his school, or to include in this rejection also the ancient and later Neoplatonists who in Hoffmann's view were closer to Aristotle than to Plato, and hence should not be included among the Platonists. As a result, the history of Platonism does not include Plotinus or Ficino, but is limited to the occasional traces of "authentic" Platonism encountered in the later history of thought. This reviewer would prefer a broader conception of Platonism that would include its later transformations and even distortions, and of the history of Western thought that would include more than just two alternatives. Hoffmann himself approached a more adequate understanding of Neoplatonism in his important "Platonismus und Mystik im Altertum" (1935), a study which unfortunately could not be included in the present volume. It is also ironic to note that Hoffmann seems to associate the "philosophia perennis" with scholasticism (p. 337), whereas the concept and the term originated with two Renaissance Platonists (whom... (shrink)

There is no general agreement among scholars that Aristotle had a unified concept of phantasia. That is evident from the most cursory glance through the literature. Freudenthal speaks of the contradictions into which Aristotle seems to fall in his remarks about phantasia, and explains the contradictions as due to the border position which phantasia occupies between Wahrnehmung and thinking. Ross, in Aristotle, p. 143, talks of passages on phantasia in De Anima 3. 3 which constitute ‘a reversal of (...) his doctrine of sensation’ and perhaps do not ‘represent his deliberate view’. This is a serious state of affairs, since De Anima 3. 3 is Aristotle’s main discussion of phantasia. Of passages on phantasia, appearances and images in De Anima 3. 3, Hamlyn says: ‘There is clearly little consistency here’. Even Schofield, who is more optimistic about saving the unity of Aristotle’s concept than the last two scholars, grants that ‘some of the inconsistencies of Aristotle’s account seem more than merely apparent’.1 He thinks of Aristotle’s phantasia as a ‘loose-knit, family concept’. My purpose here is to suggest that Aristotle is more consistent in his use of phantasia than his critics will allow him to be. The translation of the term as imagination frequently adds unnecessarily to the confusion, so I shall avoid it and use transliteration instead. (shrink)

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress (...) in 1981. The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an (...) account of statutory ontology, then it is implausible. Facts and values cannot be ontologically blended in the way the approach describes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:After Irony: Aristophanes’ Wealth and its Modern InterpretersJames McGlewThe contest between Chremylus and Penia in Wealth (488–626) lies at the center of interpretations of Aristophanes’ final surviving play and of Old Comedy’s dramatic and receptive development in Aristophanes’ last years. In much of the work of scholars since Helmut Flashar’s 1967 article, 1 and including A. E. Bowie’s recent study (1993) on Aristophanes, that contest and the (...) episodic portion of the play following it are seen as dominated by a tension between the play’s logical consequences and its dramatic outcomes; Penia, these scholars believe, gives the better argument, and when Chremylus nonetheless proceeds with his plan of restoring Plutus’ sight, his program is haunted by her warnings: for the insightful members of the audience, Chremylus’ plan proves to be a social and ethical catastrophe. This “ironic interpretation” of Wealth has troubled some recent commentators. But most of those who refuse to see a fundamental disengagement between the logic and drama imbedded in the play, find a similar tension between the play’s dramatic promise and its reception; for Konstan and Dillon (1981) and for Olson (1993), the play imagines universal wealth but serves a conservative, anti-revolutionary ideology: comic fantasy provides an escape for an increasingly impoverished and powerless dēmos. Thus, even if Wealth did not persuade poor Athenians that Penia was better than Plutus, it still helped keep them loyal to her.Recent interest in Wealth has had some effect in rescuing the play from literary death. Viewed as enervated and unimaginative by most scholars of recent generations, 2 Wealth has regained the moral weight [End Page 35] that once inspired the Italian Renaissance to honor it before any other work of Greek antiquity with a Latin translation, 3 and that invited the attention of Fielding (Aristophanes 1742) and other modern translators. Underlying this new interpretation of Wealth lies a reassessment of its dramatic qualities: the dramatic and narrative infelicities that troubled the last generation of Aristophanes scholars are now seen as keys to the subtlety of this last extant example of Old Comedy. But the revived interest and dramatic reassessment of Wealth have made it into a very different play. 4 What earlier scholars had read as a somewhat anemic flight into escapist fantasy is now taken as a demonstration that wealth and justice, good behavior and material happiness are inherently irreconcilable. Chremylus may dream of universal wealth, but the play itself hopes to offer its audience a superior moral wisdom.The new readings of Wealth constitute a relatively united front against which the few dissident voices—Sommerstein’s (1984) is the most important 5 —have had little effect. This paper examines the dramatic and political character of Aristophanes’ last comedy to argue that Wealth itself thematizes the relationship between comic fantasy and its audience’s private desires, a relationship at the heart of recent conservative interpretations of the play. I will suggest that Aristophanes has constructed Chremylus’ victory over Penia to restate—albeit his audience and comedy itself were changing—the political significance and integrity of comic fantasy. Accused by Penia at 557—and by her modern admirers—of doing nothing more than “trying to kō mō idein” her, Chremylus [End Page 36] invites his audience “to laugh at poverty” and dream of escaping it in a way that reaffirms Athenian democratic identity and celebrates the decision-making powers of the collective dē mos. 6The ironic interpretation of Wealth, and even some critics of this interpretation, 7 assume that Aristophanes’ audience would have perceived, and held on to the perception, that Penia’s argument was stronger than Chremylus’; and that, moreover, the superiority of Penia’s argument shaped the audience’s view of the second half of Wealth, which presents a utopic vision of life without her (Olson 1993, 235–36). But the comic arguments of Aristophanes’ earlier agons—our best source for reconstructing the expectations of Wealth’s audience—do not offer much support for these assumptions. Arguments win in Aristophanes’ earlier plays by uniting the Chorus, the synecdochic audience, behind the protagonist; for this, verifiable fact is not necessarily the best tool. In Acharnians, Dicaeopolis’ argument... (shrink)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original (...) scholarly contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

The tapestry of Wilfrid Sellars’s writings is dauntingly rich in stimulus and suggestion. I shall take up here an intriguing strand of thought that was woven into one of his early papers ‘Language, Rules and Behavior’, and I shall discuss some of the issues to which it gives rise. Sellars was concerned in that paper with the procedures by which people evaluate actions as right or wrong, arguments as valid or invalid, and cognitive claims as well or ill grounded. He (...) sought to map out a true vïa media, in his treatment of such procedures, between rationalistic apriorism and what, for want of a better term then, he called ‘descriptivism’, by which he understood the claim that all meaningful concepts and problems belong to the empirical or descriptive sciences, including the sciences of human behaviour. Sellars was thus led to ask not only ‘What sort of a thing is justification?’ but also ‘How do we come to accept the rules or laws that license justifications?’ And he saw these questions as arising in relation to any dialogue in which one party seeks to justify something to another. With regard to the justification of actions he held that the intuitionism of Ross, Prichard and Ewing was reasonably faithful to the phenomenology of moral thought and experience, though he did not agree with their belief in a nonnatural quality or relation that may belong to actions over and above their empirical characteristics. With regard to the justification of predictions he held that the relevant covering laws are ultimately rendered acceptable by an appeal to instances of their application. But he was reluctant to conceive this kind of appeal as an inductive procedure. Instead he called it an application of Socratic method, since the purpose of this method is to make explicit the rules that we have implicitly adopted for thought and action, and Sellars interpreted our judgments to the effect that A causally necessitates B as the expression of a rule governing our use of the terms ‘A’ and ‘B’: science consists in the attempt, by remodeling human language, to develop a system of rule-governed behaviour which will adjust the human organism to the environment. (shrink)

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is (...) shown by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (shrink)

The present paper first shows that the validity of deductive-nomological (D-N) explanations (systematizations) depends in general on the interpretation context of the predicates involved in the explanation. Therefore, no logical-semantical model can be adequate. This problem is solved by relativisation of the validity criteria on both the confirmation context and the definition context of the premisses. Based upon this, a logical-pragmatical model of D-N explanation is developed. Thereby, especially explanations of laws and global explanations are taken into consideration, since (...) these can be regarded as prototypes of scientific explanation. (shrink)

The Routledge History of Philosophy, Volume 4 covers a period of three hundred and fifty years, from the middle of the fourteenth century to the early years of the eighteenth century and the birth of modern philosophy. The focus of this volume is on Renaissance philosophy and seventeenth-century rationalism, particularly that of Descartes, Spinoza, and Leibniz. Science was ascendant during the Renaissance and beyond, and the Copernican revolution represented the philosophical climax of the middle ages. This volume is (...) unique in its emphasis on the relationship between science and philosophy. Placing the philosophy of the age into its scientific, social and cultural context, it examines the scholastic thought which Renaissance philosophy both interacted with and reacted against. A grasp of the intellectual context of the rationalists is also critical to an understanding of this philosophical movement, and the writings of Bacon, Gassendi, Hobbes, and others are analyzed here. The Routledge History of Philosophy, Volume 4 provides a broad, scholarly introduction to this period for students of philosophy and related disciplines, as well as some original interpretations of these authors. It will be important reading both for the specialist and the general reader. It includes a glossary of over one hundred technical terms and a chronological table of philosophical, scientific, and other cultural events. (shrink)

For me personally the year 1945 is significant because it marked the beginning of my own academic career. In that year I matriculated at Oxford as a candidate for the B.A. in Literae Humaniores. For Hegel studies it is significant for a different reason. It is the year in which Popper’s Open Society and Its Enemies appeared. Popper’s book contributed nothing to the understanding of Hegel - M. B. Foster’s Political Philosophy of Plato and Hegel, which appeared ten years earlier, (...) is much more important in that respect - but it sealed in amber, so to speak, the image of Hegel which had become canonical for the liberal generation whose public conscience was Bertrand Russell. It marked the nadir of Hegel’s reputation in the Anglo-Saxon world.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:62. 'HUME ON SPACE AND GEOMETRY': ONE RESERVATION In so far as Rosemary Newman disagrees with any2 thing said in my 'Infinite Divisibility in Hume's Treatise ' - which seems, happily, not to be so very far - I hasten to report that I am now persuaded. Thus my suggested reason for refusing to allow that an impression of blackness could give rise to the idea of extension was (...) not, after all, 3 Hume's. And no doubt his conviction that whatever ^s capable of being divided in_ infinitum, must consist of an infinite number of parts (T26) was in part sustained by "the atomistic type of phenomenalism advanced in the first Part 4 of Book I of the Treatise". For to any objection that this nowadays so plainly unacceptable conviction had been accepted as obviously correct by such formidable predecessors as Berkeley and Hobbes, it could be replied that they too had their commitments to their own brands of atomism. In her further comments upon "Hume's phenomenalist atomism" Newman notices, as "a very curious claim", his statement that when - like the true philosopher he was! - he locked at a table:- My senses convey to me only the impressions of colour 'd points, dispos 'd in a certain manner (T34). So I was sorry that she seems to have missed the bold priority claim which, referring to the same passage, I made on Hume's behalf in that article: "Anyone familiar with the theories and the paintings of Seurat might also mischievously characterize the Hume of this Section as 'the Father of Pointillisme' "! But at the end of her paper, although I think only at the end, Newman begins to go very wrong indeed. She says: "Turning to the Enquiry there is little to indicate any shift in Hume's opinion of geometry as a body of synthetic but necessary knowledge." After remarking that Hume does not repeat "any of his earlier arguments" against infinite divisibility "nor those in support of a system of mathematical 63. points", she notices that, in the paragraph characterizing propositions stating only the relations of ideas, geometry "is classed as a science alongside arithmetic and algebra (E25) ".7 Next she quotes the end of that paragraph, and at once comments: "Flew thinks that in the Enquiry Hume is to be seen as 'restoring pure geometry to its place alongside Q the other two elements in the trinity',..." Newman does not, so far as I can see, offer any reason for dismissing this suggestion - apart, that is, from asserting that the paragraph from which she has just quoted "can be interpreted so as to remove any apparent inconsistency with the claim that the impossibility of conceiving the negation of a geometrical axiom has the same ground in the Enquiry as in the Treatise, namely, the invariant character of sensible space." She just tells us that "Where geometry is concerned I follow Atkinson's opinion in finding no reason to suppose that 9 Hume abandoned the Treatise stand." This I find, to say the least, surprising since the very sentence of Hume's Philosophy of Belief from which she quoted my contrary opinion does provide what I still consider to be a quite decisive reason. Since she does not discuss either my reason or the Hume passage to which I was referring, I can here do nothing else or better than repeat myself; adding only and by the way that Professor Atkinson's paper 'Hume on Mathematics' was published a year before that book:Besides restoring pure geometry to its place alongside the other two elements of the trinity, the Inquiry also sketches an account of applied mathematics. This is something the earlier book did not provide at all. 'Every part of mixed mathematics proceeds on the supposition that certain laws are established by nature in her operations, and abstract reasonings are employed, either to assist experience in the discovery of these laws or to determine their influence in particular instances... Thus it is a law of motion, discovered by experience, that the moment or force of any body in motion is in 64. the compound ratio or proportion of its solid contents and its velocity, and, consequently... (shrink)

This article considers Cohen’s claim that the economic structure or base can be conceived independently of the superstructure by adressing his attempt to identify “a rechtsfrei (moralitätsfrei, etc.) economic structure to explain law (morals, etc.)”. It examines his programme of presenting relations of production as a set of (non-normative) powers and constraints that ‘match’ the rights and obligations of property relations. It is argued that, first, Cohen does not carry through this programme rigorously but, second, he could not do so, (...) since it cannot be carried out at all. Three arguments are advanced, the first two against the possibility of a determinate ‘objective’ account of such powers and constraints, the third against the possibility of abstracting norms (constitutive and regulative, formal and informal) from contractual relationships: it is argued that one cannot identify the powers and constraints embodied in norm-governed economic relationships independently of the norms which govern them. Alternative interpretations are considered of Cohen’s programme that might escape these objections, but these are rejected as untrue to his purpose, and in any case ineffective. It is concluded that Cohen fails to distinguish base from superstructure in the manner required. (shrink)