In the Medieval period, Roman law and canon law formed ius commune or the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal (...) sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Individualization of Crime in Medieval Canon LawVirpi Mäkinen and Heikki PihlajamäkiIn The Mourning of Christ (c. 1305, fresco at Cappella dell'Arena, Padua, Italy), Giotto di Bondone (c. 1267-1337) depicts the Virgin Mary embracing Christ for the last time after he has been taken down from the cross. Whereas his predecessors in the devotional Byzantine tradition concentrated on flat, still figures, Giotto emphasizes their humanity and individuality. The (...) grief on the Virgin's face is touching and convincing but in a slightly different way than the sorrow experienced by St. John or the other accompanying figures. Even the ten angels following the scene seem to grieve for the Redeemer in their own personal way. The individuality of Giotto's figures may not seem much if we compare it with the seventeenth-century Flemish masters. Giotto's Virgin and her company still show a restraint in their grief which does not seem entirely natural. In late medieval art, however, Giotto's approach was fresh and new, reflecting a trend toward individualization which was not peculiar merely to art but was taking over many other areas of late medieval life as well. Philosophy, theology, and law—the medieval scientiae—were all putting increasing emphasis on the rights and responsibilities of the individual.Nor does this trend leave criminal law and the law of evidence untouched. The medieval development of law was just as revolutionary as the development of other branches of knowledge. Starting in early twelfth-century Bologna, the Corpus Iuris Civilis became an object of systematic academic research and teaching for the first time in history. The development of canon law was perhaps even more striking. Positive, enacted law first became not only an object of academic studies but also an instrument of social engineering in the domain of church law. The hierarchical structure of the worldwide Catholic Church was built and run in conjunction with positive, enacted legislation.1 [End Page 525] The development of criminal law was just as innovative as the changes that took place in other branches of law, with canon lawyers taking the lead. Aspiring for universal power and competing for it with secular rulers, the Church was in need of an efficient system to control disobedient priests and monks and suppress heretical movements.2 The traditional system of criminal control was clearly not sufficient. Canon law, making use of the contemporary trend toward increased individualization in theology, philosophy, and Roman law, was developed to meet the church's need to master the situation.One of the most important and influential developments in thirteenth-century criminal law concerned the individual's criminal intention and responsibility. Before the change criminal responsibility was mainly based on the consequences of a crime. The canon lawyers began to determine different modes of subjective responsibility. In the law of criminal evidence the individual was also shifted from the margins to the center of attention. Earlier criminal evidence had been produced from sources external to the individuality of the defendant, such as oaths, compurgators, and ordeals. In the thirteenth century and with the development of the so-called statutory or legal theory of proof, increasing attention was paid to the stories of both the defendant (in the form of confessions) and the witnesses. The development of criminal law and criminal procedure in the thirteenth and fourteenth centuries can be understood in the context of the simultaneous trend toward individualization that took place in moral philosophy and theology as well as in canon law.3 These connections are not the only way of understanding the modernization of canon criminal law, for the prevailing view sees the transformation in conjunction with the twelfth-century hierarchization and centralization of church bureaucracy. The particular form that the criminal law and law of proof assumed in these changes did not arise out of a vacuum but, however, has to be understood in relation to the neighboring fields of thought.The Human Will and the Individual in Medieval Moral PhilosophyThe primus motor of medieval philosophy, Aristotelianism, encountered its first competing theories in the thirteenth century. One of the most far-reaching ideas concerning human psychology and behavior, developed by the Franciscans... (shrink)

This article analyzes the treatment of music in Buddhist monastic life through the rules on music in Buddhist canon law within the six extant traditions, which are preserved in Chinese, Tibetan, Pāli, and fragmentary Sanskrit manuscripts. These texts distinguish and differentiate instrumental and vocal music, presenting song, dance, and instrumental music as a triad and further subdividing vocal music into reciting, chanting, and singing. The performance and consumption of singing is strictly prohibited. Regulations on chanting and recitation are mutually (...) exclusive and context dependent. Chanting is required on two occasions: when one praises the Buddha’s virtues and when one performs the Tridaṇḍaka ritual. Chanting is prohibited on three other occasions: when one recites the Prātimokṣasūtra and other ordinary Buddhist texts, and when one preaches Dharma. These regulations demonstrate that text and context are decisive in determining what forms of vocal music are appropriate in Buddhist practice. The use of embellished chanting is reserved for performing rituals whose primary goal is to please divine recipients but must be prohibited when clear articulation is expected for educating the audience. Given that making or consuming vocal music is not a criminal offense, yet is strictly regulated, I argue that the establishment of Buddhist canon law was compelled by a pressing demand to demarcate and maintain a social boundary between the Buddhist monastic order and the lay community of adherents. (shrink)

Giovanni Pico della Mirandola is best known for his Oratio, one of many works containing his promise to prove that the philosophies of Plato and Aristotle are in agreement. Pico never fulfilled this promise, however, and commentators have at times derided Pico’s concordist project. The present paper argues that Pico’s notion of concordia was at least partly inspired by a jurisprudential habit derived from his early training in canon law. After examining Pico’s explicit but dispersed statements on concordia, I (...) then consider the circumstantial evidence for a jurisprudential origin to Pico’s project. As the habits and dispositions of Renaissance exegetes differed significantly from those of present-day interpreters of the history of philosophy, there is merit in looking beyond traditional disciplinary boundaries to understand Pico’s attempted concordia of Plato and Aristotle. An appreciation of this context mitigates the negative assessments of his enterprise. (shrink)

This paper investigates force shift, a phenomenon in which the canonical discourse conventions, or force, associated with a clause type can be overridden to yield polar questions with the help of additional force-indicating devices. Previous studies attribute force shift to the presence of a complex question force component operating on semantic content. Based on utterance particles and particle clusters in Cantonese, we analyze force shift as resulting from compositional operations on force-bearing expressions. We propose that a simplex force, such as (...) assertion or question, denotes unanchored sentence acts, while a force-shifting particle like Cantonese _ho2_ is an anchoring function anchoring a sentence act to the speaker while querying whether or not the addressee can perform the sentence act. The proposed semantics makes predictions about _ho2_’s interactions with addressee-changing operations and imperatives, as well as about a larger family of force shift phenomena. (shrink)

Arguing for controversial readings of many of the canonical figures, the book also focuses on lesser-known writers such as Pierre-Sylvain Regis, Nicolas ...

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. (...) The theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, (...) particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)

Canon law has an abiding purpose in the Church: to aid in the creation of a community that is a true sign of the fellowship of love.

Dispositional Essentialism is a unified anti-Humean account of the metaphysics of low-level physical properties and laws of nature. In this paper, I articulate the view that I label Canonical Dispositional Essentialism, which comprises a structuralist metaphysics of properties and an account of laws as relations in the property structure. I then present an alternative anti-Humean account of properties and laws. This account rejects CDE’s structuralist metaphysics of properties in favour of a view of properties as qualitative grounds of dispositions and (...) it rejects CDE’s view of laws as relations in favour of a view of laws as features of an efficient description of possible property distributions. I then defend this view over CDE on the grounds that it can overcome an explanatory shortcoming of CDE and that it achieves a level of continuity with science that CDE fails to achieve. The upshot of this paper is a significant narrowing of the range of possibilities in which the absolutely best unified account of laws and properties resides. (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)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to (...) be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory. (shrink)

Issues surrounding transsexualism, especially when surgical operations have been performed to achieve the desired sex, can create serious problems for canon law. After an examination of how sex is determined, the author provides a clear explanation of transsexualism and then differentiates it from hermaphroditism, homosexuality, and transvestitism. Transsexualism’s effect on the liciety of marriage is analyzed, followed by an exploration of considerations regarding transsexualism and Holy Orders. Finally, transsexualism and the vowed religious life are examined. The author encourages those (...) faced with such situations to pursue solutions that preserve, as well as possible, the good of the patient and their community, as well as the Church. National Catholic Bioethics Quarterly 14.1 : 105–118. (shrink)

Throughout Pope Emeritus Benedict XVI's pontificate he spoke to a range of political, civil, academic, and other cultural authorities. These speeches reveal a striking sensitivity to the fundamental problems of law, justice, and democracy. He often presented a call for Christians to address issues of public ethics such as life, death, and family from what they have in common with other fellow citizens: reason. This book discusses the speeches in which the Pope Emeritus reflected most explicitly on this issue, along (...) with commentary from distinguished legal scholars. It responds to Benedict's invitation to engage in public discussion on the limits of positivist reason in the domain of law from his address to the Bundestag. Although the topics of each address vary, they are joined by a series of core ideas whereby Benedict sketches, unpacks, and develops an organic and coherent way to formulate a 'public teaching' on justice and law. (shrink)

This book outlines the broad spectrum of answers to important questions presented in Jewish literature, covering theological issues bearing on the meaning of the Torah and of revelation, as well as hermeneutical questions regarding understanding of the halakhic text.

The aim of the article is to propose new answers to four fundamental questions concerning those rulings of the Council of Chalcedon in 451 that aim to regulate the functioning of monastic communities: 1. Why did the authors of the canons in question propose legal regulations for the key organizational aspects of the life of monastic communities? 2. Which monastic groups were to be subject to these regulations? 3. What were the chances of the regulations being implemented? 4. What role (...) did the canons have in relations between monks and the Church after Chalcedon? In her conclusions, the author emphasizes the Constantinopolitan context of the canons. She sees them as an example of “declarative law”, important in the sphere of ideology but hardly usable in practice. She explains her disagreement with those scholars who hold that the canons’ impact on the life of the Churches in the Empire was significant. (shrink)

Jean Buridan has sometimes been mentioned as an example of a highly successful teaching career, not simply in terms of reputation and honor but in material rewards as well1. This is all the more remarkable because his academic career was solely within the faculty of arts at Paris as a teacher of logic, natural philosophy, and ethics. Access to substantial ecclesiastical income was usually reserved for masters in the higher faculties of theology, canon law, and medicine, the latter (...) two disciplines also allowing additional outside income through private practice. If Buridan's income in later years was as large as has been suggested, it is important testimony to the material importance of philosophy in fourteenth-century universities, at least for its most noted practitioners. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist in (...) the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

In this article, we tackle the phenomenon of what seems to be a misunderstanding between science education theory and philosophy of science−one which does not seem to have received any attention in the literature. While there seems to be a consensus within the realm of science education on limiting or altogether denying the explanatory role of scientific laws (particularly in contrast with “theories”), none of the canonical models of scientific explanation (covering law, statistical relevance, unification, mechanistic-causal, pragmatic) lends any (...) support to this view of laws. We will reconstruct three different versions of this demotion of laws (i.e., laws are merely descriptive; laws are explanatory only of singular events, not of laws; laws are explanatory but only in a “superficial” way), propose possible grounds for them and illustrate why these perspectives pose a conceptual challenge as they contrast with epistemological approaches to the problem of explanation. We will also suggest the potential negative outcomes that would arise from science teachers adopting these approaches in the classroom when aiming to assist students in moving beyond mere description and towards explanation. (shrink)

Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann s legal thought. It is introduced in a comprehensive editorial piece by the editor (...) which locates the articles in context and explores the issues and topics at hand. ". (shrink)

This paper looks at the Kantian background in the development of the views on formal logic and contradiction in German Idealism. Assuming the post-Kantian view, I examine what Kant advanced and what he left unsettled, provoking thus the subsequent debate. I start by showing (§1) that already the pre-critical Kant questions the effectiveness of formal logic in philosophical discourse andclaims that the laws of identity and non-contradiction fall short of explaining change, opposition, and contradiction, all these being parts of reality. (...) Turning then to the first Critique, I discuss (§2) the introduction of transcendental logic as the (meta)logic of truth, consider how the tension between formal and transcendental logic is displayed in Kant’s exposition of the antinomy of pure reason (§3), and arrive at the conclusion (§4) that Kant, despite his criticism, and unlike the other great German Idealists, allows formal logic to dominate his exposition of transcendental logic. (shrink)

Originating in the United States, a Gay/Straight Alliance (GSA) is an in-school student club whose focus is on making the school a safe space for lesbian, gay, bisexual, transgender and queer students and their straight allies by raising awareness about, and hopefully reducing, school-based homophobia. The ongoing struggle for GSAs in Canadian Catholic schools is one example of how clashes continue to be played out between Catholic canonical law and Canadian common law regarding sexual minorities. This paper draws upon Foucault’s (...) Discipline and Punish: The Birth of the Prison, and The History of Sexuality Vol. 1: An Introduction to analyze one particularly influential curricular and policy document entitled Pastoral Guidelines to Assist Students of Same-Sex Orientation from the Ontario Conference of Catholic Bishops. This paper posits that Catholic doctrine about non-heterosexuality functions as a Foucaultian Panopticon enabling Catholic education leaders to observe and correct the behaviour of non-heterosexual teachers and students that they deem runs counter to the values of the Vatican. This paper argues that successful resistance to the powerful disciplining regime of the Catholic school is possible. (shrink)

This paper addresses a fundamental line of research in neuroscience: the identification of a putative neural processing core of the cerebral cortex, often claimed to be “canonical”. This “canonical” core would be shared by the entire cortex, and would explain why it is so powerful and diversified in tasks and functions, yet so uniform in architecture. The purpose of this paper is to analyze the search for canonical explanations over the past 40 years, discussing the theoretical frameworks informing this research. (...) It will highlight a bias that, in my opinion, has limited the success of this research project, that of overlooking the dimension of cortical development. The earliest explanation of the cerebral cortex as canonical was attempted by David Marr, deriving putative cortical circuits from general mathematical laws, loosely following a deductive-nomological account. Although Marr’s theory turned out to be incorrect, one of its merits was to have put the issue of cortical circuit development at the top of his agenda. This aspect has been largely neglected in much of the research on canonical models that has followed. Models proposed in the 1980s were conceived as mechanistic. They identified a small number of components that interacted as a basic circuit, with each component defined as a function. More recent models have been presented as idealized canonical computations, distinct from mechanistic explanations, due to the lack of identifiable cortical components. Currently, the entire enterprise of coming up with a single canonical explanation has been criticized as being misguided, and the premise of the uniformity of the cortex has been strongly challenged. This debate is analyzed here. The legacy of the canonical circuit concept is reflected in both positive and negative ways in recent large-scale brain projects, such as the Human Brain Project. One positive aspect is that these projects might achieve the aim of producing detailed simulations of cortical electrical activity, a negative one regards whether they will be able to find ways of simulating how circuits actually develop. (shrink)

Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral (...) pluralism; the limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists. (shrink)

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense (...) global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit moral (...) diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

In this essay, my aim is twofold: to clarify how the late Mill conceived of the certainty of inductive generalizations and to offer a systematic clarification of the limited domain of application of the Mill’s Canons of Induction. I shall argue that Mill’s views on the certainty of knowledge changed overtime and that this change was accompanied by a new view on the certainty of the inductive results yielded by the Canons of Induction. The key message of the later editions (...) of The System of Logic as conceived by the late Mill was no longer that by the Canons of Induction we can establish scientific certainty and true causes, but rather that the Canons are useful in establishing causal laws in a provisional way. (shrink)

Einstein proclaimed that we could discover true laws of nature by seeking those with the simplest mathematical formulation. He came to this viewpoint later in his life. In his early years and work he was quite hostile to this idea. Einstein did not develop his later Platonism from a priori reasoning or aesthetic considerations. He learned the canon of mathematical simplicity from his own experiences in the discovery of new theories, most importantly, his discovery of general relativity. Through his (...) neglect of the canon, he realised that he delayed the completion of general relativity by three years and nearly lost priority in discovery of its gravitational field equations. (shrink)

The vast majority of canonical early modern authors reject Aristotelian physics and metaphysics. Instead, many of them are mechanists, that is, they explain all natural change in the material world simply through the motions and collisions of inertial matter in motion. This typically means that they deny that there is immanent teleology in the natural world; sometimes, it even means eliminating purposiveness from natural philosophy altogether. Thus, some writers attempt to provide explanations of natural phenomena that do not rely (...) on teleology. Because this proves enormously difficult, others retain, or reintroduce, teleology in various forms. -/- The section “Rejections of Teleology” explores the reasons why certain early modern authors reject teleology more or less generally. The section “Defenses of Extrinsic Teleology” shows that quite a few writers embrace extrinsic teleology: they hold that many natural things and processes have ends in virtue of being part of God’s plan for the world. Some of these authors also advocate the use of teleology in natural philosophy, for instance, to discover natural laws. Finally, the section “Defenses of Immanent Teleology” shows that there are a few early modern philosophers and scientists who go even further than that, insisting on the need for immanent teleology in the natural world. (shrink)

Einstein proclaimed that we could discover true laws of nature by seeking those with the simplest mathematical formulation. He came to this viewpoint later in his life. In his early years and work he was quite hostile to this idea. Einstein did not develop his later Platonism from a priori reasoning or aesthetic considerations. He learned the canon of mathematical simplicity from his own experiences in the discovery of new theories, most importantly, his discovery of general relativity. Through his (...) neglect of the canon, he realised that he delayed the completion of general relativity by three years and nearly lost priority in discovery of its gravitational field equations. (shrink)

There are certain standards of legal interpretation. Interpretive directives are heterogeneous—both in terms of the issues they address and of the form. Not all authors consider the canons of interpretation to be norms like any other ones. Moreover, some claim that the term “incorrect interpretation” refers only to an arbitrarily chosen concept. I intend to investigate whether, despite the objections raised, interpretative directives can be said to have the status of legal norms. I wonder whether the so-called law of interpretation (...) (LoI), can provide a normative key to assess the correctness of the interpretation of legal texts. Text raises important questions concerning LoI. Firstly, the question of the status of interpretative directives and the problem of their defeasibility. Second, it refers to the problem of compliance with interpretative directives and the consequences of their violation, drawing attention to the two contexts of legal interpretation (the context of discovery and justification) and to the fact that canons of interpretation can constitute a standard for the correctness of the interpretative procedure and for its result. Third, this paper refers to the problem of vagueness of interpretative directives, analysing the advantages of maintaining it to a certain extent, as well as the possibilities of reducing it in the rest. The fourth issue analysed is the multiplicity of canons and the lack of a defined hierarchy of them. I conclude by pointing out that LoI should provide a model by which to assess the correctness of an interpretation. (shrink)

Despite our moral misgivings, retributive canons of justice-the return of evil to evildoers-remain entrenched in law, literature, and popular moral precept. In this wide-ranging examination of retribution, Marvin Henberg argues that the persistence and pervasiveness of this concept is best understood from a perspective of evolutionary naturalism. After tracing its origins in human biology and psychology, he shows how retribution has been treated historically in such diverse cultural expressions as law codes, scriptures, drama, poetry, philosophy, and novels. Henberg considers (...) retributive thought in light of contemporary moral theory and current social and political concerns and advances his own theory of the morality of legal punishment."Retribution is no single doctrine or unified set of doctrines, but rather a sprawling variety of doctrines, many of them at odds with one another," observes Henberg. He suggests that understanding retributive thought as the quest for solace in the face of suffering helps to explain its variable nature. Since there is no single defensible moral criterion for identifying exact retaliation, culture is more important than nature in selecting among retributive practices. Typically, some forms of retribution are culturally approved, while others are disapproved. In place of the mistaken tendency to think of legal punishment as morally justified, Henberg maintains that legal punishment should be thought of as morally permitted. Author note: Marvin Henberg is Professor and Chair of the Department of Philosophy and Director of the University Honors Program at the University of Idaho. (shrink)

My intellectual journey to philosophy was paved by Plato’s Allegory of the Cave, which intrigued me as a high school student. Once on the path, however, I was frustrated by the inherent barriers to women’s participation both as originators and practitioners of philosophies. Excursions into Daoism and ancient goddess culture offered welcome alternatives. Gradually I realized the problem posed by the delusion of hierarchical dualism—whether male/female, mind/body, reason/emotion, human law and order/natural chaos, or Apollonian/Dionysian—that permeates the “Western Canon.” (...) My PhD dissertation set forth the denigrated perspective and values that had long been perceived as “feminine,” arguing that they were not gender-based but merely the road less traveled and seldom appreciated. More recently I have found validation for this alternative in neuroscience. Ongoing exploration of the bilateral brain has traced two attentional networks that mirror dualism in task-driven and stimulus-driven functions, both of which are required for optimal performance. This wholesome hybrid brain has been promoted by many world philosophies, and is perhaps most fully expressed in Buddhist nondualism. My goal is to promote these philosophies, beginning with a Minor in Global Philosophies, to secure the diversity, equity, and inclusion required to successfully address the many crises we face in the world today. (shrink)

Esta introducción a la filosofía del derecho nace de la experiencia de muchos años de enseñanza de esta materia en la Facultad de Derecho Canónico de la Universidad Pontificia de la Santa Cruz. Por tanto, el libro se dirige principalmente a los estudiantes de cursos de filosofía o teoría del derecho en cualquier ámbito universitario. El texto sigue una idea básica bien definida: el derecho como bien jurídico. Se trata de una presentación del realismo jurídico clásico, inspirado en Aristóteles, en (...) los juristas romanos y en Tomás de Aquino, repropuesto en la época contemporánea por varios autores, entre ellos Michel Villey y Javier Hervada. Por esta razón, el libro puede interesar a un público más amplio, en primer lugar a los juristas que deseen reconsiderar críticamente los fundamentos de su disciplina y de su práctica, pero también a los que se ocupan de la filosofía y la teoría del derecho, para conocer una vertiente de pensamiento que a menudo no encuentra lugar en la literatura especializada en derecho. (shrink)

In 1791, two years after the proclamation of the ‘Declaration of the Rights of Man and of the Citizen’, the playwright, essayist, philosopher and revolutionary Olympe de Gouges wrote a short work entitled The Rights of Woman, the core of which is the Declaration of the Rights of Woman and of the Citizen. As is already clear from the title, with her writing de Gouges intends to highlight the gendered character of the 1789 Declaration. To this end, the author first (...) of all points out the contradictory nature of this Declaration: the rights it proclaims as universal apply, in law and in fact, only to human beings of the male gender. De Gouges also reformulates the claims of the Declaration so that they apply equally to men and women. This essay focuses on two themes of particular importance within de Gouges' reformulation: the claim of freedom of expression and the extension of the social contract to relationships. In dealing with these themes, de Gouges elaborates far-reaching theoretical insights that are significant not only for gender studies, but also for political philosophy and the philosophy of law. In fact, de Gouges' reflections, while placing themselves within the natural law tradition, reject and overturn some of its fundamental assumptions. Prominent among these are the subtraction of the family sphere from the equal regulation of relations between individuals, which instead characterises relations between citizens in the public sphere, and the abstraction from differences on which the particularism of rights, though proclaimed as universal, is based. (shrink)

This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on (...) the question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue. (shrink)

By looking at a canonical article representing academic philosophy’s orthodox view against cultural relativism, James Rachels’ “The Challenge of Cultural Relativism,” this paper argues that current mainstream western academic philosophy’s fear of cultural relativism is premised on a fear of the racial Other. The examples that Rachels marshals against cultural relativism default to the persistent, ubiquitous, and age-old stereotypes about the savage/barbarian Other that have dominated the history of western engagement with the non-western world. What academic philosophy (...) fears about cultural relativism, it is argued, is the barbarians of the western imagination and not fellow human beings. The same structure that informs fears of cultural relativism, whereby people with different customs are reduced to the barbarian/savage of the western imagination, can be seen in the genesis of international law which arose as a justification for the domination of the Amerindian. It is argued that implicit in arguments against cultural relativism is the preservation of the same right to dominate the Other. Finally, it is argued that the appeal of the fear of cultural relativism is that, in directing moral outrage at others, one can avoid reflecting on the failures of one’s own cultural tradition. (shrink)

The UNESCO Universal Declaration on Bioethics and Human Rights of 2005 purports to articulate universal norms for bioethics. However, this document has met with mixed reviews. Some deny that the elaboration of universal bioethics norms is needed; some deny that UNESCO has the expertise or authority to articulate such norms; some regard the content of the UNESCO document as too vague or general to be useful; and some regard the document as a cog in the effort of like-minded cosmopolitans to (...) codify their particular moral intuitions in international law. This issue examines the potential merits and pitfalls of the Universal Declaration on Bioethics and Human Rights. (shrink)

The question of whether the Pyrrhonist adheres to certain logical principles, criteria of justification, and inference rules is of central importance for the study of Pyrrhonism. Its significance lies in that, whereas the Pyrrhonist describes his philosophical stance and argues against the Dogmatists by means of what may be considered a rational discourse, adherence to any such principles, criteria, and rules does not seem compatible with the radical character of his skepticism. Hence, if the Pyrrhonist does endorse them, one must (...) conclude that he is inconsistent in his outlook. Despite its import, the question under consideration has not received, in the vast literature on Pyrrhonism of the past three decades, all the attention it deserves. In the present paper, I do not propose to provide a full examination of the Pyrrhonist’s attitude towards rationality, but to focus on the question of whether he endorses the law of non-contradiction (LNC). However, I will also briefly tackle the question of the Pyrrhonist’s outlook on both the canons of rational justification at work in the so-called Five Modes of Agrippa and the logical rules of inference. In addition, given that the LNC is deemed a fundamental principle of rationality, determining the Pyrrhonist’s attitude towards it will allow us to understand his general attitude towards rationality. (shrink)

Immanuel Kant's moral philosophy is one of the most distinctive achievements of the European Enlightenment. At its heart lies what Kant called the 'strange thing': the free, rational, human will. This introduction explores the basis of Kant's anti-naturalist, secular, humanist vision of the human good. Moving from a sketch of the Kantian will, with all its component parts and attributes, to Kant's canonical arguments for his categorical imperative, this introduction shows why Kant thought his moral law the best summary (...) expression of both his own philosophical work on morality and his readers' deepest shared convictions about the good. Kant's central tenets, key arguments, and core values are presented in an accessible and engaging way, making this book ideal for anyone eager to explore the fundamentals of Kant's moral philosophy. (shrink)