This chapter contains sections titled: Recommended readings.

This article aims to explore the concept of Heaven and St. Thomas Aquinas I "Summa Theologica" explained the basis of natural law and metaphysics. The philosophy, the I's "Road" was opened on their own, said that the ultimate reality itself; second source that can be raw, such as "Dawson, one two, two three, three things," a phrase below; again , then follow all the rules change. In this regard, I tend to "Heaven", "heaven" statement, basically all things to follow (...) the law is. I focus on is that all things are to follow the law is. As for the man-made law, I tend to be severely criticized, such as saying "Fa Wu Zi-chang, way more than a thief," and the like. Having said that, by Taoism Taoism Taoism and Legalism affect the development of the legislation is still based on natural law is human law theory. Thomas Aquinas's natural law, is given in accordance with the rational nature of God and the law of action, we can see, St. Thomas Aquinas's natural law focused on people, not only contains a real natural , but also ought to include , two related but different. There are words on the surface, natural law is that "people according to their nature are looking for is good." However, the surface should be made, the principle of natural law is: "People should do good to avoid evil." In this paper, to compare the Heaven and the ultimate source of natural law, I inquire of the non-personal God of the Trinity Road and Thomas Aquinas on how chemical and biological weapons or to create things, by the generosity or wisdom and love of order and law generated. Then, on the Heaven and the natural law itself for comparison. Finally, the two can be dealt with through the office, and, and related concepts in Taoism. The basic concern of this paper is to compare Laozi's Heavenly Dao and St. Thomas' natural law for the purpose of bringing them to dialogue. Philosophically speaking, Laozi's concept of Dao means first, the ever self-manifesting and creative Ultimate Reality; second, the Origin giving birth to all things; third, the law of becoming of all things in the universe. For this last meaning, usually Laozi uses the term "Heavenly Dao" to represent laws of nature that all beings in the universe, including human beings , must comply with. As to human laws, he takes a critical position, to the point of saying that "The more legal objects multiply, the more robbers and thieves there will be." Nevertheless, under his influence, Huanglao daoists and legalists have developed their philosophy of positive laws.In Comparison, St. Thomas' natural laws are principles of human action according to human rational nature. The emphasis of St. Thomas is put therefore on the rational nature of human beings, which includes both the aspect of "to be" and that of "ought to be," both being closely related yet distinct. Seen from "to be," the natural law says that all human beings desire goodness by their nature; while as their "ought to be," all human beings should do good and avoid doing evil.This comparative study will focus first on how the generosity of Dao's giving birth to all things in Laozi and the wisdom and love of God in St. Thomas become order and law. Then we will compare Laozi's laws of nature, to which human beings should also live accordingly, with techniques inspired from them, and the principles of St. Thomas' natural laws. We will discuss the possible compatibility and dialogue between St. Thomas thoughts, which are essential to Catholicism , and those of Laozi as followed by lluanlao Daoism and Religious Daoism. (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 term “natural religion” is sometimes taken to refer to a pantheistic doctrine according to which nature itself is divine. “Natural theology”, by contrast, originally referred to (and still sometimes refers to)[1] the project of arguing for the existence of God on the basis of observed natural facts. -/- In contemporary philosophy, however, both “natural religion” and “natural theology” typically refer to the project of using all of the cognitive faculties that are “natural” to human beings—reason, sense-perception, introspection—to (...) investigate religious or theological matters. Natural religion or theology, on the present understanding, is not limited to empirical inquiry into nature, and it is not wedded to a pantheistic result. It does, however, avoid appeals to special non-natural faculties (ESP, telepathy, mystical experience) or supernatural sources of information (sacred texts, revealed theology, creedal authorities, direct supernatural communication). In general, natural religion or theology (hereafter “natural theology”) aims to adhere to the same standards of rational investigation as other philosophical and scientific enterprises, and is subject to the same methods of evaluation and critique. Natural theology is typically contrasted with “revealed theology”, where the latter explicitly appeals to special revelations such as miracles, scriptures, and divinely-superintended commentaries and creedal formulations. (See DeCruz and DeSmedt 2015) -/- Philosophers and religious thinkers across almost every epoch and tradition (Near Eastern, African, Asian, and European) have engaged the project of natural theology, either as proponents or critics. The question of whether natural theology is a viable project is at the root of some of the deepest religious divisions: Shi’ite thinkers are optimistic about reason’s ability to prove various theological and ethical truths, for instance, while Sunnis are not; Roman Catholic theologians typically think that reason provides demonstrations of the existence of God, while many Protestant theologians do not. Unlike most of the topics discussed in an encyclopedia of philosophy, this is one over which wars have been fought and throats have been cut. -/- The most active discussions of natural theology in the West occurred during the high medieval period (roughly 1100–1400 C.E.) and the early modern period (1600–1800 C.E.). The past few decades have witnessed a revival of natural theological debate in the public sphere: there are now institutes promoting “Intelligent Design Theory”, popular apologetics courses, campus debates between believers and agnostics, a “New Atheist” movement, Youtube debates between apologists and atheists regarding new books in natural theology (such as the one between Nathan Lewis and Bernie Dehler on the Blackwell Companion to Natural Theology),[2] and TED talks by famous atheists on how to resist natural religion (such as the one by Richard Dawkins in February 2002).[3] -/- Among professional philosophers (who aren’t typically part of these more popular debates), arguments over our ability to justify positive or negative answers to religious questions have become fairly technical, often employing sophisticated logical techniques in an effort to advance the discussion instead of retreading the same old ground. The prestigious Gifford Lectures series hosted by a consortium of Scottish universities, however, has tried to feature new but still accessible work in natural theology for over 100 years (it too has a Youtube channel!)[4] -/- In this article, we aim to avoid most the more recent complexities but also explain their origins by focusing on some central developments in the early modern period that helped to frame contemporary natural theological debates. We are focused here only on theoretical arguments (both a priori and a posteriori or empirical ones). It is controversial whether moral arguments are also part of natural theology, but we set them aside here (see also the entry on God, arguments for the existence of: moral arguments). (shrink)

Within the last decade, thousands of studies have described communication processes in and between organisms. Pragmatic philosophy of biology views communication processes as rule-governed sign-mediated interactions (rsi's). As sign-using individuals exhibit a relationship to following or not-following these rules, the rsi's of living individuals dier fundamentally from cause-and-effect reactions with and between non-living matter, which exclusively underlie natural laws. Umwelt thus becomes a term in investigating physiological influences on organisms that are not components of rsi's. Mitwelt is a (...) class='Hi'>term for the investigation of all rsi's of organisms. Living organisms are never solus ipse subjects of semioses, but share common sets of rules and signs. Life depends decisively on symbiotic communities. Serial Endosymbiotic Theory proved that the evolution of the eukaryotic super-kingdom was a merger of anchestral bacteria. The integration of bacterial genomes into eukaryotic genomes was also a step from analog to symbolic genetic codes. Now we know, that so-called ‘junk DNA’ has higher order regulatory functions on genome architecture and protein coding DNA plays only the role of a structural vocabulary. (shrink)

As Christians, we affirm that Scripture is our supreme guide to truth and righteousness. Some wish to go further and assert that it is our only guide. But how then can we account for the remarkable insight and moral integrity that many unbelievers seem to display? Indeed, how to account for the myriad ways in which believers themselves navigate the world based on knowledge and intuition not always derived from Scripture? Enter the doctrine of natural law. Frequently misrepresented as (...) an assertion of the autonomous power of human reason or as a uniquely Roman Catholic doctrine, natural law has actually been an integral part of orthodox Christian theology since the beginning, and is even clearly asserted in Scripture itself. In this brief guide, David Haines and Andrew Fulford explain the philosophical foundations of natural law, clear up common misunderstandings about the term, and demonstrate the robust biblical basis for natural law reasoning. (shrink)

For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception (...) of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What purpose is this theory supposed to (...) serve, or in what way do its proponents see it as an improvement on existing theories? First of all, it must be noted, as the variety of essays in this volume makes abundantly clear, that natural law theory, as it is presently conceived, most certainly does not represent anything like a unified, single theory of tightly knit principles and conclusions. In the present volume one can easily see a half-dozen or more different approaches to natural law theory. So different in tone and spirit are some of the essays that one can easily wonder if they have enough in common even to classify them as " family resemblances." But if they all in their different ways do indeed evidence, as the editor claims, an increased awareness of and interest in natural law theory, the question immediately arises, why this increased interest? What problems do the advocates of these theories hope to solve by them or what questions do they think their theories will better address than the theories currently in place? First of all, one may make a division which places the theories, however divers~ among themselves, into two general groups. The first of these groups wishes natural law theory to function as a general approach to morality. For this group natural law does the work of a moral theory. In this group I would place the essays of Joseph Boyle, Robert George, Russell Bittinger, John Finnis, and Hadley Arkes (probably). The second group uses natural law theory as a way of determining the connection between moral law and positive law or legal theory. The essays of Jeffrey Stout, Neil MacCormick, Jeremy Waldron, Michael Moore, Lloyd Weinreb, Joseph Raz, and Ernest Weinrib fall into this second category. In all there are twelve essays in this volume. Space will not permit me to give a detailed analysis and critique of each. At most I can only indicate very briefly some of their more salient features. The book is divided into four parts, the first of which is titled "Natural Law, Practical Reasoning and Morality." In the very illuminating first essay of this section, "Natural Law and the Ethics of Traditions," Joseph Boyle undertakes to clarify the question of the relation of natural law theory to tradition. Certain approaches to moral theory currently popular BOOK REVIEWS 147 which are called virtues ethics, of which Alasdair Macintyre would he an example, claim that natural law theory is tradition-dependent. If Macintyre and other virtues ethicists are correct, then since natural law theory is culture-hound, and since the culture in which it was horn and flourished, medieval culture, has irretrievably retreated into the pages of history, then natural law theory is equally dead, of interest, if at all, only in an antiquarian way. Boyle carefully points out that there is more than one sense of being tradition-dependent. It is true that natural law theory is tradition-dependent in the sense that it did indeed come into existence in a particular historic epoch and that its language and thought do indeed express the period of its flourishing, i.e. the medieval period. But this, Boyle is careful to point out, does not mean that its validity and meaning were exhausted with the end of that culture. Rather the tradition is a living tradition so that its rich resources can continue to be exploited as that tradition is enlarged by its application to present day moral problems. Boyle's conclusion then is that in some senses natural law is indeed dependent on an ancient and medieval tradition, hut not so totally dependent that it has lost all validity for contemporary moral theory. In the contribution by Robert George, "Natural Law and Human Nature," George tries to defend Germain Grisez's version of natural law... (shrink)

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the (...) public square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

Gottfried Achenwall, _Prolegomena to Natural Law_, ed. Pauline Kleingeld, trans. Corinna Vermeulen. Groningen: University of Groningen Press, 2020. Open Access, available via the 'direct download' link below. This is the first English translation of _Prolegomena iuris naturalis_ by Gottfried Achenwall (1719–1772). In this book, Achenwall presents the philosophical foundation for his comprehensive theory of natural law. The book is of interest not only because it provides the basis for a careful, systematic, and well-respected eighteenth-century theory of natural law in (...) the Leibniz-Wolffian tradition, but also because it sheds important light on the work of Immanuel Kant. Achenwall’s work influenced Kant’s legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s _Feyerabend Lectures on Natural Law_ and his _Metaphysics of Morals_. The present volume complements the translation of Achenwall’s handbook, _Natural Law_ (London: Bloomsbury, 2020). (shrink)

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

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

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

The interest to connect results of neuroscientific research to educational contexts has increasingly grown in recent years. Actors from neuroscience and education show the explicit intention to approach each other. Still, issues and debates exist in the relation between them. This paper aims to bring to the fore one such specific issue that is not only relevant to be mindful of, but also raises questions of an organisational and pedagogical nature. The issue concerns the possible occurrences of conceptual (...) confusion on the bridge from neuroscience to education. I present this paper as a thought experiment that hopes to make public not only the respective issue, but also some of its related questions, such as ‘neuroprofessionalisation’ and ‘relevant knowledge for educational actors’. In doing so, I attempt to make the issue and its questions a concern of ours, and invite readers to join in a collective and vivid conversation about it. (shrink)

There is a lack of clarity in the literature about what constitutes the natural law approach to ethics and what is incompatible with it. The standard, and largely historical, way of understanding the natural law approach risks overlooking theoretical differences of fundamental importance regarding what the natural law approach is usually taken to uphold. Against Craig Paterson, I argue that a necessary condition for an ethical account to uphold fully the natural law approach is that it does not contain any (...) dependence upon the metaethical category of non-naturalism understood in non-supernaturalist (secular) terms. Using the ‘new natural law’ theory of John Finnis to illustrate my case, I also argue that an ethical theory can be largely in keeping with the natural law approach but nonetheless contain elements at odds with it: the issue is more complex than a simple binary. This is an under-explored possibility in natural law ethics. (shrink)

Norman Kretzmann's recent analysis of the natural law slogan ``lex iniusta non est lex'' (an unjust law is not a law) demonstrates the coherence of the slogan and makes a case for its practical value, but I shall argue that it also ends up showing that the slogan fails to mark any interesting conceptual or practical division between natural law and legal positivist views about the nature of law. I argue that this is a happy result. The non-est-lex (...) slogan has been used to exaggerate the extent of disagreement about the nature of law and has diverted critics of natural law theory from recognizing that the main disagreement between natural lawyers and legal positivists centres on theories of practical reason and how they affect our understanding of the relationship between law and morality. This extends the debate about the nature of law somewhat beyond the traditional boundaries of philosophy of law, but these boundaries are due in part to the diversion created by debate over the non-est-lex slogan. Recognizing that the non-est-lex slogan fails on its own to mark any interesting practical or conceptual division between natural law theories and legal positivism should therefore focus and encourage debate on matters of genuine substance between these outlooks. The disagreement, however, may turn out to be primarily metaphysical and explanatory and not normative in nature. (shrink)

This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which Locke (...) adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)

Both as cardinal and as Pope Benedict XVI, one of Josef Ratzinger's consistent concerns has been the foundational moral imperatives of the natural law. In 2004, then Cardinal Ratzinger requested that the University of Notre Dame study the complex issues embedded in discussions about "natural rights" and "natural law" in the context of Catholic thinking. To that end, Alasdair MacIntyre provided a substantive essay on the foundational problem of moral disagreements concerning natural law, and eight scholars were invited to respond (...) to MacIntyre's essay, either by addressing his work directly or by amplifying his argument along other yet similar paths. The contributors to this volume are theologians, philosophers, civil and canon lawyers, and political scientists, who reflect on these issues from different disciplinary perspectives. Once the contributors' essays were completed, MacIntyre responded with a closing essay. Throughout the book, the contributors ask: Can a persuasive case for a foundational morality be made etsi Deus daretur? And, of course, persuasive to whom? The exchanges that take place between MacIntyre and his interlocutors result, not in answers, but in rigorous attempts at clarification. __Intractable Disputes about the Natural Law__ will interest ethicists, moral theologians, and students and scholars of moral philosophy. "Lawrence Cunningham has assembled an esteemed group of scholars to provide incisive analyses of the contemporary state of natural law theory, particularly in light of Alasdair MacIntyre's groundbreaking work. The essays are lucid, engaging, and intellectually sophisticated. __Intractable Disputes about the Natural Law_ _is a must-read not only for moral theologians, but for anyone concerned about the conceptual foundations of human rights, human dignity, and moral dialogue in pluralistic societies." --_Stephen J. Pope, Boston College_ "MacIntyre's first essay, on its own, would make this book an important scholarly contribution. But the ensuing contributions enable the book to flourish further, with contributions on subjects both readily associated with natural law and moral disagreement as well as those more creatively connected to the genesis of the text. Cunningham's volume both broadens and deepens contemporary thinking on a perennial topic, and will richly reward its readers." --_William C. Mattison III, The Catholic University of America_. (shrink)

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

The Darwinian concept of natural selection was conceived within a set of Newtonian background assumptions about systems dynamics. Mendelian genetics at first did not sit well with the gradualist assumptions of the Darwinian theory. Eventually, however, Mendelism and Darwinism were fused by reformulating natural selection in statistical terms. This reflected a shift to a more probabilistic set of background assumptions based upon Boltzmannian systems dynamics. Recent developments in molecular genetics and paleontology have put pressure on Darwinism once again. Current work (...) on self-organizing systems may provide a stimulus not only for increased problem solving within the Darwinian tradition, especially with respect to origins of life, developmental genetics, phylogenetic pattern, and energy-flow ecology, but for deeper understanding of the very phenomenon of natural selection itself. Since self-organizational phenomena depend deeply on stochastic processes, self-organizational systems dynamics advance the probability revolution. In our view, natural selection is an emergent phenomenon of physical and chemical selection. These developments suggest that natural selection may be grounded in physical law more deeply than is allowed by advocates of the autonomy of biology, while still making it possible to deny, with autonomists, that evolutionary explanations can be modeled in terms of a deductive relationship between laws and cases. We explore the relationship between, chance, self-organization, and selection as sources of order in biological systems in order to make these points. (shrink)

The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many other national (...) constitutions and international conventions. Nevertheless, several important characteristics of the Constitution—indeed its most important characteristics—are clear and admirable applications of the natural law. The principal drafters of the Constitution believed that God, in creating the universe, implanted in the nature of man a body of law to which all human beings are subject, which is superior to all manmade law, and which is knowable by human reason. Thus, the natural law of the American founders was traditional natural law as understood and expounded by classical and Medieval writers and carried forward in the English common law, and not the “Enlightenment” versions in vogue in eighteenth-century Europe. The classical-traditional natural law understanding of Madison, Hamilton, Wilson, and other leaders of the Philadelphia Convention are reflected in the three most important characteristics of the Constitution: the principle of limited government; the principle of subsidiarity (in both political and larger societal matters); and the practice of guaranteeing traditional rights, and only as against government. (shrink)

Whether John Locke's Two Treatises is a justification of revolution or a demand for revolution, it is a book about political revolution. Yet it is also a book about property. This is so not only because of the obviously central place that Locke's discussion of property holds in the Second Treatise but also because his account of when revolution is justified hinges, in three crucial respects, on his account of how private, or, exclusive, rights to property arise.

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on (...) average are doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

RESUMEN Este artículo se ocupa de la doctrina del reconocimiento que Hobbes dejó claramente insinuada a lo largo de sus escritos políticos. Para ello, aborda la exposición sistemática del canon de "leyes naturales" que elaborara Hobbes en obras como Elementos de Derecho Natural y Político, Tratado sobre el Ciudadano y Leviatán. Nuestra tesis de fondo es que la exposición de estas leyes, llamadas también por Hobbes "leyes morales", lleva al autor a postular la idea de que la "igualdad natural" de (...) los hombres, por la cual entiende la igualdad de derechos, no ya la igualdad de poder, solo se ve asegurada en la medida en que los individuos se reconozcan intersubjetivamente como portadores de los mismos derechos que, en tanto que hombres, les pertenecen. La tesis señalada pretende evidenciar que, contrario a lo que expone la lectura tradicional de Hobbes, que se concentra en la índole absolutista del poder, Hobbes remonta la posibilidad misma de la vida civil y política, no ya a mediación del Estado absoluto y su poder coercitivo, sino al reconocimiento intersubjetivo de los derechos, el cual obtiene su fuerza normativa de la conciencia moral de cada hombre. Este artículo se propone mostrar que con su postulado Hobbes logra esbozar una protomoral del reconocimiento que repercutiría en el discurso filosófico de la modernidad. Este propósito es uno con el de mostrar las dificultades, las tensiones y los límites del planteamiento hobbesiano. ABSTRACT This paper deals with the doctrine of recognition that Hobbes clearly implied throughout his political writings. To this end, it deals with the systematic exposition of the canon of "natural laws" that Hobbes elaborated in works such as Elements of Natural and Political Law, Treatise on the Citizen and the Leviathan. Our underlying thesis is that the exposition of these laws, also called "moral laws" by Hobbes, leads the author to postulate the idea that the "natural equality" of men, by which he understands equality of rights, not equality of power, is only assured to the extent that individuals are intersubjectively recognized as bearers of the same rights that, as men, belong to them. This thesis seeks to show that, contrary to the traditional reading of Hobbes, which concentrates on the absolutist nature of power, Hobbes traces the very possibility ofcivil and political life, not to the mediation of the absolute State and its coercive power, but to the intersubjective recognition of rights, which obtains its normative force from the moral conscience of each man. The present article intends to show that with its postulate, Hobbes manages to outline a protomoral of recognition, which would not remain without repercussion in the philosophical discourse of modernity. This purpose is one with the one to show the difficulties, the tensions and the limits of the Hobbesian approach. (shrink)

Norman Kretzmann''s recent analysis of the natural lawslogan ``lex iniusta non est lex'''' (an unjust law is nota law) demonstrates the coherence of the slogan andmakes a case for its practical value, but I shallargue that it also ends up showing that the sloganfails to mark any interesting conceptual or practicaldivision between natural law and legal positivistviews about the nature of law. I argue that this is ahappy result. The non-est-lex slogan has been used toexaggerate the extent of disagreement (...) about the natureof law and has diverted critics of natural law theoryfrom recognizing that the main disagreement betweennatural lawyers and legal positivists centres ontheories of practical reason and how they affect ourunderstanding of the relationship between law andmorality. This extends the debate about the nature oflaw somewhat beyond the traditional boundaries ofphilosophy of law, but these boundaries are due inpart to the diversion created by debate over thenon-est-lex slogan. Recognizing that the non-est-lexslogan fails on its own to mark any interestingpractical or conceptual division between natural lawtheories and legal positivism should therefore focusand encourage debate on matters of genuine substancebetween these outlooks. The disagreement, however, mayturn out to be primarily metaphysical and explanatoryand not normative in nature. (shrink)

Legal positivism and natural law theory have traditionally been construed as mutually exclusive theories about the relationship between morality and the law. Although I endorse a good deal of this traditional wisdom, I shall argue that we can and should construe LP and NL as complementary theories. So construed, they not only are compatible but also state important truths.

Fifty years of debate have strengthened Germain Grisez’s 1965 interpretation of St. Thomas Aquinas’s famous article on the natural law in Summa theologiae I-II.94.2. Revisiting Grisez’s argument in light of these developments reveals that his “gerundive interpretation” of the first principle of practical reason is not only Thomistic, but essentially Aquinas’s interpretation.

In lieu of an abstract, here is a brief excerpt of the content:Ammianus GeographicusGavin A. SundwallElizabeth Rawson, in her impressive study of the intellectual life of the late Roman Republic, writes concerning the famous beginning of Caesar’s De Bello Gallico: “Caesar opens his work by introducing the geography of Gaul from scratch; his account would be clearer if a simple map with the main rivers had been appended, but there is no sign that it was.” 1 Yet would an ancient (...) reader have responded in the same way? One cannot fault Rawson for desiring a map; ancient geographical accounts are regularly quite confusing and often remain unclear even with a map. But this desire may be something felt only by modern scholars. There is no evidence that the ancients used maps as we do, or that their conception of geography depended on them as ours does today. 2 The most striking feature to emerge from O. A. W. Dilke’s survey of ancient cartography is the almost total lack of map consciousness. 3 Maps in the ancient world had limited and specific use. They were either cadastral, showing boundaries or land divisions, or they were novelties, pertaining more to ancient science than to common use. 4 [End Page 619]One possible exception is the famous Tabula Peutingeriana, or Peutinger Map. Thought to be a fourth-century compilation based on a first-century A.D. map, it is the only surviving example of an itinerary map from the Roman period. 5 Even so, this map resembles nothing more than a “strip” map, with the emphasis placed on routes and cities, not on accuracy in representing geographical shapes or even location (although it can be argued that such distortion was necessary to fit it on its scroll). Other possible extant cartographic examples, such as from the shield of Dura Europos, coins, mosaics, and lamps, are too few and too exotic in nature to further much argument for map consciousness. 6 Thus the written itinerary, more common and widely used than itinerary maps (as even Dilke is ready to concede), 7 emerges as the major source of evidence for geographical depiction. Why should the Romans’ reliance on written or verbal geographical information trouble us so, when in the ninth and tenth centuries the Vikings discovered, explored, and settled Iceland, Greenland, and North America without compass or map, instead receiving their sailing directions from written accounts and sailors’ lore? 8Three recent studies by scholars investigating map use in early modern Europe suggest that mapping as we know it actually began, long after the fall of Rome, as a response to the demands of the modern nation-state. David Buisseret calls the beginning of map use in the fifteenth [End Page 620] century a change “which amounted to a revolution in the European way of ‘seeing’ the world.” According to him, maps as we think of them came to be developed and used to meet the needs of “modern” government under the direction of pioneering ministers. 9 J. W. Konvitz explores this theme for France, focusing in particular on Louis XIV’s revolutionary minister Colbert. Much of the attitude that maps are an administrative necessity, expressed by Claude Nicolet—“But to govern it, it must be known, measured, and above all drawn”—first originated with Colbert. 10 Moreover, Geoffrey Parker traces the origins of strategic map use in the west to the need of Spanish armies in the early modern period for cartographical depiction of the “Spanish Road.” 11If these scholars are correct about the origins of conventional cartography, then it follows that the ancients, despite their cleverness, had no practical interest in maps. Frequently, the lack of clarity in most ancient geography has led us to conclude that maps would have been necessary where none seem apparent, or even to infer map use when measurements or descriptions based on shapes are given. 12 But when we turn to archaeological evidence or to itineraries and periploi, we find that the ancients often used roundabout routes when a shorter and many times easier way was available. 13 How is it possible to explain such discrepancies other than that the ancients “saw” their world differently? They had a purpose in writing about geography much... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When Is Writing Already Quotation?A Developmental Perspective on a Postmodern QuestionRebecca Wells-Jopling (bio)IntroductionPostmodern literary-critical thinking introduced into many disciplines in the 1950s and 1960s the quite peculiar, yet intellectually engaging, idea that what is written is always already-quoted. This idea is a logical derivation from the concurrent idea that writing is "prior to history"1 ; thus, what was written and what is written were simply always there, and someone (...) wrote it long before the reader held the written document in hand. The semiotician Roland Barthes claimed that "Every text, being itself the intertext of another text, belongs to the intertextual, which must not be confused with a text's origins: to search for the 'sources of' and 'influence upon' a work is to satisfy the myth of filiation. The quotations from which a text is constructed are anonymous, irrecoverable, and yet already read: they are quotations without quotation marks."2 In a similar vein, the cognitive psychologist David Olson argues that writing may be conceived not as transcription of speech, nor as a completely different mode of expression from speech, but rather as a type of reflexive language that points to itself as language.3 Writing is thus "quotation" that calls for "a distinctive mode of interpretation."4 The purpose of this article is to offer some reasons why conceiving of what is written as always already-quoted is likely not accurate as an ontological claim, but it may hold in particular circumstances and at a particular moment in human development. The phrase "already-quoted" will refer to this postmodern notion that entire texts, and components thereof, routinely call attention to their own opacity. Sometimes this opacity is achieved through the writer's use of actual quotation marks, but sometimes the opacity is only in the reader's experience of detecting a phrase or other unit in the text that summons up rather directly a perspective or another text in a way that blocks the transparent referential power that the words might otherwise have. [End Page 59]Quotation and the Questioning of AuthorityFirst, a bit of history. Pierre de la Ramée (also known as Peter Ramus) was a French philosopher and logician whose 1543 tract Dialecticae Partitiones in Latin was the first philosophical work to appear in French (in 1555 under the title Dialectique), and, more pertinently for this discussion of quotation, was one of the first writers to use proto-quotation marks in his writings.5 The earlier Latin text "is printed entirely in roman type, except the preface, which is entirely in italics. But in his French Dialectique all citations of foreign texts are distinguished by typography: italics are used for poetry, inverted commas enclose prose."6 His motivation, according to Compagnon,7 was the desire to bypass the kind of univocal authority suggested by a text in which voices cannot be distinguished from one another, and to point out the status of quoted passages as "reasoned examples or illustrations."8 If this was in fact de la Ramée's motivation, one wonders if he would have preferred that his entire text be put in yet a different typographical face in order to suggest that his own words in the text are not authoritative, but, contrary to Barthes's belief, not anonymous, utterly recoverable, and admittedly perspectival in nature.This detour through publishing history highlights an important difficulty in viewing what is written as always already-quoted: someone has to choose the quotations and arrange them (and, in de la Ramée's case, have the courage to counter the academy and point them out as citations). Is this act of choosing quotations also a quotation of a former chooser of quotations? In de la Ramée's case, obviously not, since he was the first to use different typefaces for different authoritative voices. This is one of the reasons why we cannot conceive of an entire written text as always already derivative. And if not derivative, then, by definition, not quoted. Assembling quotations and gluing them together with argumentation or poetry, as the case may be, is a creative act. This is so even if the words... (shrink)

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

While Bernard Suits's understanding of games has significantly influenced the philosophy of sport, the longest sustained investigation in The Grasshopper is of make-believe and roleplaying games. Suits’s discussion of make-believe and roleplaying is found in chapters 9 through 12, but what he says there is uncharacteristically unclear. To clarify Suits’s account, the present paper distinguishes between two arguments that Suits interweaves. In the first, Suits argues that game playing is not a species of play. In the second, Suits argues that (...) playing a make-believe or role-playing game is the same — at heart — as playing a game of any type. While the paper takes no position on the former, it defends the latter argument against several important objections by Thomas Hurka and C. Thi Nguyen. It contends, furthermore, that Suits is not simply trying to show that his theory of game playing can account for make-believe and roleplaying games. Rather, Suits is also using make-believe and roleplaying games to clarify exactly how his theory of game playing should be understood. (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by Hume, Rousseau, Kant, and (...) Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

The intuitive distinction between natural and unnatural properties (e.g., green vs. grue) informs our theorizing not only in fundamental physics, but also in non-fundamental domains. This paper develops a reductive account of this broad notion of naturalness that covers non-fundamental properties: for a property to be natural, I propose, is for it to figure in a law of nature. After motivating the account, I defend it from a potential circularity charge. I argue that a suitably broad notion of (...) lawhood can be defined independently of naturalness, if we help ourselves to the notion of a fundamental physical property. I end by showing how the notions of naturalness and lawhood that my account delivers help illuminate a number of other important philosophical notions, like causation, reference/meaning, and rational induction. (shrink)

In some small-scale societies, a sexual division of labor is common. For subadult hunter-gatherers, the onset of this division dates to middle childhood and the start of puberty; however, there is apparently no physiological explanation for this timing. The present study uses an experimental approach to evaluate possible energetic differences by sex in gathering-related activities. The energetic cost of gathering-related activities was measured in a sample of 42 subjects of both sexes aged between 8 and 14 years. Body (...) mass and other anthropometric variables were also recorded. Our results show that the energetic differences in the simulated gathering activities depend only on body mass. Both sexes expend a similar amount of energy during locomotion activities related to gathering. Discarding the energetic factor, the sexual division of tasks may be explained as an adaptation to acquire the skills needed to undertake the complex activities required during adulthood as early as possible. Carrying out gathering activities during childhood and adolescence could be favored by the growth and development cycles of Homo sapiens. Moreover, if most of the energetic costs of gathering activities depend on body mass, the delayed growth in humans relative to other primates allows subadults to practice these tasks for longer periods, and to become better at performing them. In fact, this strategy could enable them to acquire adults’ complex skills at a low energetic cost that can be easily subsidized by other members of the group. (shrink)

This article intends to argue that Zizek’s dialectics is far from a vulgar progressive sublation of all reality in Concept but a systematic acknowledgement of its radical impossibility. Firstly, the fundamental point of Zizek’s dialectics is not the notion of the sublation of all immediate-material reality but a “sublation of sublation”. The conclusive of moment of a dialectical circle is the immanent act of abrogation or releasing. Then, through the elementary triad structure of the Hegelian notion of reflection, the ultimate (...) secret of Zizek’s dialectical process consists in a “determinate reflection” or a necessary redoubling reflection. The two quintessential examples of this redoubling reflection are the paradoxical monarch and God’s reincarnation. Once his dialectic movement is elaborated, the esoteric definition of subject and subjectivity, as well as the mysterious Hegelian thesis “Substance as Subject” will become rather straightforward. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 413-414 [Access article in PDF] Katerina Ierodiakonou, editor. Byzantine Philosophy and its Ancient Sources. New York: Oxford University Press, Clarendon Press, 2002. Pp. vii + 309. Cloth, $55.00.Talking about, let alone writing on "Byzantine Philosophy" within the English-speaking philosophical community could cause embarrassment. It is only recently that this field has gained a few notable entries in philosophical works of (...) reference like the Routledge Encyclopedia or the Oxford Dictionary—but still it cannot make its way into the histories of medieval philosophy, not to mention the general histories of philosophy. Byzantine Philosophy aims at providing good reasons for changing that tendency and seeks to "persuade [us] that Byzantine Philosophy is worth investigating" (13).The book contains eleven articles, plus Ierodiakonou's introduction and Linos Benakis's review of the current research, read in part at a Conference held in Thessaloniki, Greece in 1997, but it is more than a mere collection of conference papers. Written both by well-established and younger scholars from diverse disciplines, the volume focuses on the explicit or implicit dialogue of Byzantine thinkers with ancient Greek philosophy, one of the two ingredients of Byzantine Philosophy (the other being patristic thought).Ierodiakonou in her introduction prefers to make a few—but penetrating—remarks on the nature of Byzantine Philosophy and its proper study. Her arguments are presented in a non-conclusive form and they are intended to serve as guidelines to further research. While a longer discussion of the issues involved would be welcome by the less-specialized reader, her choice seems reasonable as long as one thinks—rightly in my opinion—that it is premature to embark on general methodological suggestions about how to investigate Byzantine Philosophy, or believes that scrutinizing the texts themselves is a more promising approach at this relatively early stage of research (as perhaps always).With one exception, each article deals at length with a special issue spanning from metaphysics to political philosophy and concentrates on individual thinkers from the patristic era to the Renaissance; the absence of philosophical theology is surprising. Expectedly the presence of Aristotle can be traced in logic: in an eleventh-century humble handbook (thoroughly analyzed by Jonathan Barnes); in Psellos's Paraphrase on Aristotle's De Interpretationeand in the anti-logical movement in the fourteenth century (Ierodiakonou); as well as in John of Damascus's discussion of will (Michael Frede). On the Christian-neoplatonic tradition are founded a nominalistic position of Basil of Caesarea concerning the semantics of proper names (Paul Kalligas); a sixth-century treatise On Political Science (Dominic O'Meara); Psellos's conception of philosophy (John Duffy); and the peculiar case of Chaldaean Oracles and their commentators (Polymnia Athanassiadi). The last article on the Renaissance controversy between Plethon and Scholarios over the primacy of Plato or Aristotle (George Karamanolis) brings the volume appropriately to an end.That Platonism and Aristotelianism nearly monopolize the contributors' concerns is justified but this must not give the simplified impression that Byzantine Philosophy can be exclusively explained against this background. Other Greek philosophical traditions, such as Stoicism, are mentioned as well, and the fourteenth-century interest in skepticism is densely discussed (Börje Bydén on Metochites). The first essay is an informative outline of the Greek-Latin Philosophical Interaction (Sten Ebbesen), whose inclusion in the volume makes a similar survey of ancient Greek-Byzantine philosophical interaction more warranted.The contributors do not confine themselves to resolving specific problems of a Quellenforschung, by identifying parallel texts or recurring arguments in order to establish the obvious dependence of Byzantine thought on Greek Philosophy. In fact, as many articles show, it is the very analysis of patristic and Byzantine texts that makes us return to their ancient sources and also makes clear how this revisiting can deepen our understanding of the texts and the philosophical problems they are trying to present or to solve. When doing philosophy, Byzantine thinkers have ancient Greek concepts in their minds, and quite often have ancient texts in their hands. Now it is up to us to evaluate... (shrink)

Some philosophers have maintained that even if John R. Searle’s attempted derivation of an evaluative proposition from purely descriptive premises is successful, moral ought would not have been derived. Searle agrees. I will argue that if Searle has successfully derived “ought,” then, based on various approaches taken towards the content of “morality,” this is moral ought. I will also trace out some of the benefits of a successful derivation of moral ought in relation to natural law ethics. I sketch (...) a possible derivation of moral obligations based on one of the basic goods in natural law ethics (i.e., friendship) that resembles Searle’s attempted derivation of an individual’s obligation to keep her promise to someone else. I also sketch a possible derivation of moral obligations based on another of the basic goods in natural law ethics – knowledge. This derivation may not parallel Searle’s attempted derivation as closely as the derivations based on friendship, but it seems to at least involve the derivation of moral obligations from all non-moral premises. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 93-112 [Access article in PDF] Enthymemes, Common Knowledge, and Plausible Inference Douglas Walton The study of enthymemes has always been regarded as important in logic, critical thinking, and rhetoric, but too often it is the formal or mechanistic aspect of it that has been in the forefront. This investigation will show that there is a kind of plausibilistic script-based reasoning, of a kind that (...) has mainly been studied in artificial intelligence, that should have a much more important role to play in the study of enthymemes. But then curiously, as will also be shown, this plausibilistic type of reasoning was familiar in the ancient world, to the Sophists, as well as to leading philosophers such as Plato and Aristotle. By linking this ancient notion of plausibility to the modern notion used in computer science, this investigation reveals an important basis for the enthymeme that has a type of logical structure in its own right, but also has an informal aspect.An enthymeme, in current usage, is an argument that has one or more premises, or possibly a conclusion, not explicitly stated in the text, but that needs to have these propositions explicitly stated to extract the complete argument from the text. Sometimes enthymemes are described as arguments with "missing premises." That vocabulary is awkward, however, because the nonexplicit statement that needs to be added can be a conclusion, at least in a minority of cases. To make the exposition below smoother, the term nonexplicit assumption will be used to cover either the case of a nonexplicit premise or that of a nonexplicit conclusion. The problem with enthymemes is that if the nonexplicit assumptions in an argument are supposed to be propositions used by the arguer (as opposed to just the propositions needed to make the argument structurally correct, according to some standard), reasonable people can have differences of opinion on what the nonexplicit assumptions are supposed to be. The problem is that filling in the missing parts of enthymemes depends on interpreting the natural language [End Page 93] in which the argument was put forward to try to determine what the speaker meant to say.The solution to the problem comes through the recognition that enthymemes rest not only on formal (structural) criteria, but also on informal criteria. One of the most important of these informal criteria is something often called "common knowledge" (Govier 1992; Freeman 1995). But as shown below in a set of selected case studies of enthymemes, "common knowledge" is not really a kind of knowledge at all. It is really plausibility, or eikos, something well known in the ancient world and often misleadingly translated as "probability." Curiously, Aristotle's original doctrine of the enthymeme was based on this notion of plausibility. This historical fact has often been a source of puzzlement and confusion, and sometimes it has even been taken to indicate a defect or contradiction in Aristotle's treatment of the enthymeme. However, the goal of this investigation is not primarily historical. It is to work out one of the most important required steps toward a solution to the problem of enthymemes. But to do this, it is necessary to come back to the ancient notion of plausible inference. 1. The problem with enthymemes Once you have any formal theory of inference, like syllogistic, for example, you will be confronted by cases of arguments in everyday discourse that meet all the requirements for a structurally correct inference except that some part or parts, usually a premise or a conclusion, is missing. By "missing" is meant that the proposition in question has not been explicitly stated in the text of discourse, even though it may be clear enough that the speaker (writer) was relying on it, or including it, as part of the argument. The classic example is the following inference: All men are mortal; therefore, Socrates is mortal. To evaluate such an argument, surely some account of the "hidden" or "missing" assumption needs to be taken. The problem with enthymemes (Burke 1985; Gough and Tindale 1985; Hitchcock 1985) is that, if given carte... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Michelet and Social Romanticism: Religion, Revolution, NatureArthur MitzmanIn 1851, shortly before his second and definitive suspension from his teaching at the Collège de France, Jules Michelet told a young friend of his dissatisfaction with the meager political impact of the Republican professors of the time: “Our present propaganda... has resembled strongly that which might be made by a man enclosed in a crystal glass. He finds his voice to (...) be resounding and very strong: that’s because it breaks against the inner surface. But those who are outside, the men of the people, hear nothing.” 1Michelet had become painfully aware of how little his voice had been heard outside the crystal in June 1848, when barricade-builders outside his house on the Rue des Postes responded to his son-in-law’s appeal not to expose the dwelling of the great historian to artillery fire by asking, “Who is Michelet?” 2 This occurred two years after the publication of Le Peuple and only months after the appearance of his celebration of the commoners’ festivals of federation in 1790, both texts being landmarks in the social romantic anticipation of 1848. In fact it was the 1848 Revolution itself that had diminished the resonance of Michelet’s ideas, by polarizing the country in a way that made it impervious to his message of social harmony.Before 1848, Michelet was a central figure in the intellectual disaffection that delegitimized the July Monarchy. His work in the 1840s had shifted from the historical erudition of his many-volumed Histoire de France to contemporary polemics against the clergy and the government: attacks on the Jesuits and the Church 3 swiftly broadened to a conflict with the intellectual and political establishment of the period. In Le Peuple (1846), Michelet combined an analysis of the profound social divisions within the French nation with a remarkable sketch of the relation between civilization and nature, a Rousseauian appeal to the natural qualities of the common people and an [End Page 659] invocation of the genius of the future, who would be gifted with “the two sexes of the spirit.”Le Peuple was the first of a series of works on nature, women, and the common people, those three “others” of nineteenth-century high culture, that have throughout this century fascinated cultural historians. In the historiographical tradition, its author has been celebrated by those who viewed him as their predecessor in the broadening of history-writing to include culture and mentalities, such as Lucien Febvre and Jacques Le Goff, and denigrated by those, like Pieter Geyl, who have been outraged by his nationalistic pathos and his blatant subjectivity. 4 I shall suggest in this essay that all of these aspects of Michelet’s work are rooted in his significance in the 1840s as a social romantic, the contemporary and friend of George Sand, Lamennais, Pierre Leroux, and others.For apart from what Michelet has come to mean, as totem or as scarecrow, to the scholarship of the twentieth century, he was enmeshed in the ideological conflicts of his own time. Without an understanding of those conflicts, an important perspective on his place in the history of ideas will be missing, a perspective which, moreover, may shed some light on the broader historical significance of the social romanticism he represented. For example, the “ideological” Michelet was best known in his own time as an anti-clerical. 5 Indeed, his version of the Romantic évangile éternel, which he developed in the 1840s, takes a privileged place among the efforts of intellectuals in the first half of the nineteenth century to work out new religious conceptions to replace a moribund Catholicism. 6 Yet the principal framework of his polemical activity was not the Church but the liberal academic establishment, with which he was at war from his 1843 lectures on the Jesuits to his dismissal from his official functions at the beginning of the Second Empire.Michelet and the July Monarchy: From Liberalism to Social RomanticismSeen from the standpoint of the early years of his career, roughly 1825 to 1835, Michelet would seem an improbable candidate for any kind of romanticism. Given his impoverished, artisan background as well... (shrink)

An analysis of the concept of law, its source and connection with human positive law. The article begins by noting that “law” relates not only to prescriptions governing the behavior of human individuals. The term has a far wider sense. It can also refer to a standard or rule that binds things or events. This sense of the term covers the laws of the physical as well as the moral sciences. There is a distinction to (...) be drawn between scientific laws of nature and moral laws. Regularities in natural occurrences are often regarded as laws of nature even though what we ordinarily think of as laws are those rules that govern human behavior. We speak, for example, of the “law” of gravity and of Newton's, Einstein's, and Kepler's laws. In so doing we emphasize the regularity and binding nature implicit in each of their formulas. The thought that there are laws of the natural sciences as well as moral laws has traditionally been seen as implying a creator and regulator of all things, and an eternal source of these laws. Equally it raises the disputed question of the place of miracles, or those suspensions of regularities, in the natural scheme of things. In the same way, sacred scripture speaks of Divine Wisdom as directing all actions and movements. This article considers the physical and moral laws more generally and considers human law and its connection with the natural law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 111-120 [Access article in PDF] Hobbes on Law, Nature, and Reason Kinch Hoekstra Balliol College, University of Oxford The reason of a thing is not to bee inquired after till you are sure the thing it selfe bee soe. Wee comonly are att (What's the reason of it?) before wee are sure of the thing. T'was an excellent question of my (...) Lady Cotton, when Sr. Robert Cotton was magnifying of a shoe, wch was Moses's or Noahs, & Wondering att the strange shape & fashion of it: but, Mr. Cotton, sayes shee, are you sure 'tis a shooe. 1A law of nature is a rule discovered by reason. 2 This is the key to John Deigh's attempt to show that "Hobbes's ethics is logically independent of his moral psychology." 3 By this he means that the "theorems" of Hobbes's ethics, the laws of nature, "have no other ground than the definition on which it [his ethics] is based." 4 Deigh thinks he establishes this conclusion by taking seriously both Hobbes's definition of a law of nature as "a Precept, or generall Rule, found out by Reason, by which a man is forbidden to do, that, which is destructive of his life," and his definition of reason as "nothing but Reckoning (that is, Adding and Substracting) of the Consequences of generall names." 5 Deigh puts these two definitions together to argue that Hobbes's ethics is a deductive science, and that those who instead think of his ethics as dependent on desire or as involving instrumental reason ("means-to-ends thinking," as he calls it) are mistaken. The particular virtue of this interpretation, Deigh says, is that without it we have to read Hobbes in the Leviathan as sometimes using "reason" in a way that is different from the way he defines it in chapter 5. 6I will argue that Deigh misunderstands the basis, status, and scope of Hobbesian natural law. In his attempt to save Hobbes from using "reason" equivocally, Deigh attributes mistakes and inconsistencies to him that are more serious and have less [End Page 111] textual justification than that apparent equivocation. A source of the misunderstanding is a simplification—accepted by Mark Murphy and many other interpreters—of Hobbes's conception of reason.Let us begin with Deigh's view of the scope of the law of nature, as he admits that his interpretation would be undermined were he wrong about this. "While the laws of nature are dictates of reason for people living in a state of nature," he says, "they are not truly laws in such circumstances and therefore not sources of obligation in them." 7 If Murphy is right that Hobbes does think they are obligatory outside of civil society, then it is, Deigh concedes, "a genuine problem" for his account. 8 In reply, Deigh refers to the two passages where Hobbes says that the laws of nature are "not properly Lawes," quoting the one from chapter 26, which explicitly recapitulates a claim from chapter 15. 9 In this earlier passage, however, Hobbes adds: "But yet if we consider the same Theoremes, as delivered in the word of God, that by right commandeth all things; then are they properly called Lawes." 10 Hobbes thinks that the laws of nature are always obligatory. He holds, for example, that the law of nature that covenants be kept obliges even "in the condition of meer Nature" or "condition of Warre," and that "the rule of Manners, without Civill Government, is the Law of Nature." 11 Hobbes says that although the laws of nature donot always oblige "in foro externo; that is, to the putting them in act," they do always "oblige in foro interno; that is to say, they bind to a desire they should take place." 12 Although they only require "a desire, and endeavour," Hobbes makes clear that these requirements are laws, and that they are binding and obligatory. 13If Deigh were right, sovereigns would not be obligated by... (shrink)

Cet article présente une approche étymologique des termes souvent confondus pour exprimer ce que sont la loi et les droits. Il tente de découvrir les situations archétypes et les relations qui paraissent avoir été les références originales des mots tels que “loi” et “droits”, “légal” et “juste”, aussi bien que d’autres mots qui sont indispensables lorsqu’on aborde le droit et la justice : “liberté”, “égalité”, “paix”, “autorité”, “société”, etc... Les concepts du juste et du légal peuvent être clairement distingués ; (...) ils semblent appartenir à des perspectives catégoriquement différentes sur l’aspect social de l’existence humaine.La distinction entre eux apporte un éclairage intéressant, non seulement sur la conception du droit par le juriste, mais également sur la vieille controverse concernant le droit naturel. A partir de cette analyse émerge une conception de l’ordre social distinctement libérale ainsi qu’une conception du droit naturel non-normative, dépourvue de toute connotation métaphysique ou théologique en référence à un “droit supérieur”. Les éléments dévoilés par l’analyse apportent un schéma cohérent du droit qui peut servir de base à une logique de la loi non déontique fondée sur les droits.This paper presents an etymological approach to the confusing language of law and rights. It attempts to uncover the archetypical situations and relationships that appear to have been the original referents of words such as ‘law’ and ‘rights’, ‘legal’ and ‘just’, as well as other words that are indispensable in discourses about law and justice: ‘freedom’, ‘equality’, ‘peace’, ‘authority’, ‘society’ and others. The concepts of the lawful and the legal can be clearly distinguished; they appear to belong to categorically different perspectives on the social aspect of human existence. The distinction between them sheds an interesting light, not only on the lawyer’s conception of law, but also on the old controversy over natural law. From the analysis there emerges a distinctly liberal conception of social order as well as a naturalistic, nonnormative conception of natural law, with no metaphysical or theological connotations of a “higher law”. The elements uncovered by the analysis provide a coherent scheme of law that can serve as the basis for a nondeontic, rights-based logic of law. (shrink)

This paper investigates Alfred North Whitehead and Maurice Merleau-Ponty’s attempts to develop a historical, dynamic ontology (a “process ontology”, according to the former, and an “ontology of the flesh” for the latter). The claim of the paper is that their originality lies in the methods adopted to reach such ontologies, which show strong similarities. Both authors based their research on nature, conceived of as “the leaf of Being”, and on perceptual experience, understood not as a chaos of bare, punctual, sense (...) data, but as the complex, original source of meaning that constitutes the primary field of philosophical investigation—the only source from which one can gain new understanding of both nature and logos (things, happenings, values, subjectivity, laws, etc.). After some introductory remarks on the connections between Whitehead and Merleau-Ponty, the paper is divided into three parts. The first part clarifies why and how, according to the philosophers, ontology should start from a new scrutiny of nature. The second part specifies what this new conception of nature, based on perceptual experience, is. The third part focuses on how their ontologies must be construed as historic, insofar as behaviors, actions, and practices lie at the core of their concept of being. (shrink)

A central aspect of science is the classification of natural phenomena. Not only is this to some extent an end in itself, an account of what kinds of things there are being an important part of the picture of the world that science aims to provide. but classification is also inextricably connected with the development of scientific theories. The change from phlogiston theory to atomic chemistry, for example, involved not just a different theory but an entirely new way (...) of sorting the domain of chemistry into kinds. It is often supposed that a necessary condition for an adequate or correct scientific theory is that its generalizations be formulated in terms of natural kinds ‐ those kinds, roughly speaking, that really exist in nature. Thus oxygen, but not dephlogisticated air, may be said to mark a natural kind. Natural kinds are sometimes conceived precisely as being those kinds to which true scientific laws apply. In addition, natural kinds have generally been thought of as defined by the common possession of an essence, a property both necessary and sufficient for an entity to be a member of the kind, and from which the further important properties of the kind flow. (shrink)

Female genital mutilation is the removal or restructuring of healthy genital tissue. Under natural law, mutilation is an intrinsic evil and a grave violation of human dignity. If mutilation alleviates a threat to a person’s well-being, it may sometimes be permissible, but healthy genitals pose no such threat. The purported social benefits of FGM, such as decreased promiscuity, do not justify the practice, because there is no causal relationship between mutilation and virtue. In terms of autonomy, victims are usually children (...) and unable to consent. Parental rights and the rights of religion do not override children’s inherent rights to physical integrity and safety. Current support for minimal forms of FGM in an attempt to reduce the incidence of severe forms will instead prolong the practice and increase the number of victims. Finally, FGM differs from male circumcision in that it destroys the function and integrity of the organs themselves and promotes profound gender inequality. (shrink)

It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, Hobbes scholars, for (...) the most part, have placed him within the legal-positivist tradition. Indeed, Hobbes is usually regarded as the father of legal positivism. Recently, however, a growing number of commentators has begun to question this traditional classification. Although it is clear that Hobbes is not a natural lawyer of the same mold as Thomas Aquinas, it is, nevertheless, increasingly becoming evident that the traditional characterization of Hobbes as a positivist in the same vein as Jeremy Bentham or John Austin is also incorrect. There are important naturallaw aspects of Hobbes's view that one ignores only at the cost of a proper understanding of his theory of law. (shrink)

The Church is a sexed body, in both carnal and symbolic terms. The Church has sex, but being the Church it does so in a radically creative way. This article explores the contrast between sex as imagined by the Church and as imagined by evolutionary psychology (Darwinism). It argues that the latter reduces sex to reproduction (repetition) and makes this a metaphysical principle, whereas the Church transforms sex into a means for final beatitude. (Christian sex is not about self-perpetuation, but (...) about welcoming strangers; not about children as possessions, but as God's most precious gifts.) Darwinism strangely repeats a debased (neoscholastic) form of the natural law, whereas the Church looks to follow a law that is the dispossessive desire of God for God. Sex after this law orders us towards the infinite joy of our consummation with and in God, in the fellowship of Christ and the holy saints. (shrink)

The backdrop for this thesis is provided by Troeltsch's far more detailed and extensive studies of the social doctrines of various Christian churches and groups. According to Troeltsch's interpretation, the reception of the Stoic concept of natural law is as crucial to Christian ethics as the reception of the concept of logos is to Christian dogmatics. Just as the concept of logos mediates between the truth of revelation and the truth of reason, so the concept of natural law mediates between (...) the moral demands of the gospel and the principles of a worldly ethos. Since there is a distinction between an absolute natural law, which is identical with the radical ideal of the Sermon on the Mount, and a relative natural law, substantially corresponding to the Ten Commandments and to political and social reality, such a mediation--which must be oriented on the relative natural law--must qualify the original radical Christian claim. Whereas the old church allowed both forms of the natural law to stand alongside each other without mediation and was therefore unable to overcome their estrangement within the surrounding social reality, the Christian Middle Ages succeeded in uniting both forms by replacing the distinction between the gospel and the world with a distinction between the natural and the supernatural, interpreting each as a level of a metaphysical whole. When this idea of a metaphysical hierarchy of reality, attached to the concept of natural law, became linked to the notion of society as a structured organism, as taught by Aristotle and Paul, the concept of natural law assumed a virtually fundamental status: it grounded both moral and social philosophy and enabled the rise of the "unified culture" characteristic of the Christian Middle Ages, from which the Reformation later departed in order to regain the radicalism of the gospel. By linking the concept of natural law to the organic interpretation of-the social, the Christian Middle Ages could also assign a central role to the church: just as the divine law is the bracket that binds together the levels of moral laws, so the church is the bracket that holds together the members of the social organism. Its interpretation as the "boundless, comprehensive, and guiding institution of salvation," together with the strong attachment of natural law to eternal and immutable principles, must, in the last consequence, lead to a "conservative, organically patriarchal natural law." Consequently, those elements that were already contained in the medieval form of the natural law but not in the Platonic interpretation of the social order, and which in its later secular form gave it its progressive, even revolutionary, power, remain repressed: the idea of the dignity of the person, the associated freedom and autonomy of individual reason, the-resulting responsibility of personal conscience, and the significance of one's vocation, which stems from the place of the individual within the whole. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Political Economy and Classical AntiquityNeville MorleyThe literature of the ancients, their legislation, their public treaties, and their administration of the conquered provinces, all proclaim their utter ignorance of the nature and origin of wealth, of the manner in which it is distributed, and of the effects of its consumption.... The steadily increasing progress of different branches of industry, the advancement of the sciences, whose influence upon wealth we shall (...) have occasion hereafter to notice, and the direction of public opinion, at length estimating national prosperity as being of some importance, caused the science of political economy to enter into the contemplation of a great number of writers.J.-B. Say 1I. The science of political economy offered an entirely new way of understanding human society. 2 Say’s account of its emergence is teleological and self-serving, figuring his own work as the logical culmination of earlier enquiries, but it accurately reflects the way in which political economy was perceived and presented as a modern innovation. The more that eighteenth- and nineteenth-century political economists turned their attention towards the economic rather than the political state of the nation, the more they became aware of their own originality in doing so. The writings of the ancients might still dominate discussions of political theory, but the moderns noted with satisfaction the failings and fumblings of classical authors in the study of the economy; they alone had discerned its significance and developed the tools with which to [End Page 95] analyze it. Moreover, there was no obvious reason why this new science should confine its attentions to the contemporary world; the economies of the past could be studied in the same manner, and thus political economy offered the possibility of understanding ancient society better than the ancients did themselves.Students of ancient society were slow to respond to this challenge. Neither Edward Gibbon nor George Grote had much to say about the ancient economy, despite their close relationships with economists of the Scottish Enlightenment and the Philosophic Radicals respectively. Gibbon was well aware of contemporary debates on luxury (see below), and he also disputed Montesquieu’s theory that taxes decrease according to the level of despotism in a state, but that was all. 3 A letter written by Grote’s wife suggests that his chapter on Greek colonization was intended to infuse useful doctrines on political economy and the principle of population, but in the published version this intent is limited to vague statements about the importance of agriculture in sustaining a colony. 4 Grote’s advocacy of comparative history—“not omitting the points of resemblance as well as of contrast with the better-known forms of modern society”—was in practice limited to politics and the history of ideas, above all in the debate on the merits of democracy. 5 The sole exception was a comparison of Solon’s legislation restricting Athenian exports with the British Corn Laws, to the advantage of the former. 6With the lone exception of Boeckh’s 1817 treatise on The Public Economy of Athens, the subject of the ancient economy was almost entirely ignored by historians until the middle of the nineteenth century. 7 Their own interests and those of the ancient sources on which they relied led them to conceive of history in terms of events, above all of events in the fields of politics and war. Economic matters were touched upon in their accounts of certain episodes—the reforms of Solon, for example, or the Roman agrarian laws—but never in detail or with much analytical sophistication, let alone drawing upon the theoretical insights of political economy. William Ramsay’s Manual of Roman Antiquities in 1851 devoted much more space to economic topics than had been customary, but was otherwise indistinguishable from its predecessors; the chapter on Roman agriculture was little more than a paraphrase of the writings [End Page 96] of Vergil and Varro, and his account of state revenues merely compiled information from the ancient sources as an end in itself. 8The drought was not ended until 1854, when Theodor Mommsen’s History of Rome not only devoted considerable attention to such subjects as agriculture, commerce, and... (shrink)