This is the first comprehensive analysis of the royal and princely courts of Europe as important places of Enlightenment. The households of European rulers remained central to politics and culture throughout the eighteenth century, and few writers, artists, musicians, or scholars could succeed without establishing connections to ruling houses, noble families, or powerful courtiers. Covering case studies from Spain and France to Russia, and from Scandinavia and Britain to the Holy Roman Empire, the contributions of this volume examine (...) how Enlightenment figures were integrated into the princely courts of the Ancien Régime, and what kinds of relationships they had with courtiers. Dangers and opportunities presented by proximity to court are discussed as well as the question of what rulers and courtiers gained from their interactions with Enlightenment men and women of letters. The book focusses on four areas: firstly, the impact of courtly patronage on Enlightenment discourses and the work as well as careers of Enlightenment writers; secondly, the court as an audience to be catered for by Enlightenment writers; thirdly, the function of Enlightenment narratives and discourses for the image-making of rulers and courtiers; and fourthly, the role the interaction of courtiers and Enlightenment writers played for the formulation of reform policies. (shrink)

This book examines six plays by Shakespeare (Love's Labour's Lost, Hamlet, As You Like It, Twelfth Night, The Winter's Tale, and The Tempest) as dramatizations of the Renaissance court in its developing history - a history searched by Shakespeare to disclose its most characteristic gains and losses. For these plays do not simply celebrate Tudor and Stuart rule: they scrutinize it too, in the centre of its institutional theatre of power, the court. This book shows how, if the plays came (...) into the court, the court also came into the plays, with its most salient features - its competitiveness, its inner tensions and its contradictions, its language, its cultural life and its entertainments - exposed to the scrutiny of an art-form that proved itself to be a new mode of historical understanding. (shrink)

The subject of the study is the changes in the theatrical space and artistic features of the two early court masks during the transition from the Renaissance theater system to the Baroque. The object of the study were two early court spectacles of the Stuart period in the context of Baroque aesthetics – "Hymen" and "Mask of Queens", the authors of which were the playwright Ben Johnson and the artist Inigo Jones. Special attention is paid to the scenic design of (...) both masks and the transformations of the theater space, in which the main role is played by the stage device – the turning circle. Its use in spectacles not only allowed the artist to change the whole design and express one of the main themes of the performance through the transformations themselves, but also combined stage transformations with the plot action of the mask. The research material is presented by the surviving texts of Ben Johnson's mask plays, letters from courtiers and ambassadors who were direct witnesses of court spectacles, as well as published sketches of costumes and scenery by Inigo Jones. The methodology of the work includes a cultural-historical approach, a descriptive method, a method of comparative analysis, as well as a reconstruction of a theatrical performance that has not yet been carried out in relation to both masks. The novelty of the research lies in the fact that for the first time in Russian theater studies, an attempt has been made to consider the aesthetic features of Inigo Jones' theatrical and decorative art in the context of Baroque aesthetics based on the material of two court spectacles. The main conclusion is the identification in the two early Stuart masks of the features of Baroque art and the transition to the formation of the English Baroque theater with its scenic metamorphoses, striking the viewer dynamics, the coverage of the universal expanses on stage and the synthesis of all the arts. (shrink)

Abstract Galileo Then and Now (Draft of paper to be discussed at the Conference, HPD1, to be held at the Center for Philosophy of Science, University of Pittsburgh, 11-14 October 2007) William R. Shea, University of Padua The aim of this paper is to stimulate discussion on how shifts in philosophical fashion and societal moods tell us not only what to read but how to go about it, and how history and philosophy of science can jointly deepen our grasp of (...) the issues at stake. The first part highlights some of the things that have occurred in the field of Galileo studies between the monumental edition of Galileo Opere in twenty volumes, edited by Antonio Favaro between 1890 and 1909, and the new enlarged edition that will be published from 2009 onwards by a team of scholars working under Paolo Galluzzi. Part One. From Favaro to Galluzzi "Publish or perish" is an injunction that resonated as clearly in the ears of assistant professors at the end of the 19th century as it does in the first decade of the 21st. But publishing can also mean perishing when what is being edited is the work of an eminent scientist of the past. It simply does not do to offer material that is not what readers expect even if it was written by someone as famous as Galileo, and well authenticated sources were sometimes disregarded when they appeared to be of no interest. It is largely for this reason that a new national edition of Galileo's works is required. Of course, over the last hundred years, a number of letters from and to Galileo as well as a few laudatory or damning comments about his personality or his work have been uncovered, but this would not have been enough to drum up financial and scholarly support for a major editorial project. But the interesting material is Favaro had left out. Before mentioning what this material is, allow me a disclaimer. I'm not focusing on Favaro because he is a singularity, but because he illustrates how a conscientious historian can ride slipshod over evidence because of a philosophical commitment that he is only vaguely aware of, in this case naïve positivism. So what did Favaro to leave out? The answer is large chunks of three collections of manuscript notes that are bound in some of the 347 volumes of the Galilean material in the National Library in Florence. The first of these collections deals with logical treatises and related essays on Aristotelian philosophy, the second with Galileo's laboratory notes on the experiments that he carried out on the pendulum and inclined planes; and the third with astrological computations. Favaro rejected the first collection because they were "pre-Galilean" and hence could only have been trite scholastic exercises that "poor" young Galileo had to undergo in high school. He neglected the second because he had trouble making sense of them The third, astrological collection, he set aside with more trepidation since Galileo cast horoscopes for himself (at least twice), his children and his friends. But the fact that they were also, epistemologically speaking, "pre-Galilean", was enough to cast them into the outer darkness (in this case a dimly lit corridor of the National Library in Florence). The Aristotelian notes that Favaro had neglected were made available by William Wallace, who showed that Galileo culled long passages from professors at the Roman College. Galileo attacked several of Aristotle's ideas, but he never queried Aristotle's scientific realism–namely, the view that there is a uniquely true physical theory, discovered by human powers of reason and observation, and that alternative theories are consequently falls. Wallace made this the basis of his claim that Galileo created, in the heaven above and here on earth, a new science of motion by following the Aristotelian cannons laid down in the Posterior Analytics. On this view, Galileo used Aristotle's logic to subvert Aristotelian physics. It is interesting to contrast Wallace's thesis with that of philosophers of different allegiance, who offer a reconstruction of Galileo's methodology along lines that are much more modern and in which the epistemological core is no longer Aristotelian logic, but common sense instrumentalism. This is not to deny that experiments sometimes speak with a forked tongue, but to stress that methodological rules have also been known to be no more than clashing cymbals. Recent writers have also stressed that Galileo aimed his arguments at a specific audience, and that we must take cognizance of the values and whims of the society in which he operated. The sociology of science can help us understand the background against which Galileo's arguments were assessed and the reasons why he favored some rhetorical strategies over other ones. Mario Biagoli's Galileo Courtier sheds light on the Tuscan court and the Roman famiglia (as the popes styled their entourage), where Galileo found many of his readers and most of his critics. But Galileo was much more than a courtier, and I shall argue that we should use our enhanced knowledge of Galileo's education, his language, his style, and his emoluments to understand his science, not to supplant it. History and philosophy of science can combine their insights to achieve a more critical and balanced view of what actually occurred and why. (shrink)

Discourse on the dignity of humanity by Giovanni Pico della Mirandola, a renaissance Italian prince known for his erudition and sensitivity.

In lieu of an abstract, here is a brief excerpt of the content:Introduction:Quis se Caesaribus notus non fingit amicum? 1Richard TalbertThis volume owes its origin to a chance encounter in March 2008. As fellow Roman historians, David Potter and I always welcome the opportunity of a conversation whenever our paths happen to cross. Finding myself in Ann Arbor in this instance, I mentioned to David as we talked how impressed I was with the recently published volume The Court and Court (...) Society in Ancient Monarchies, a set of seven contributions edited by Tony Spawforth (2007); of particular interest for my own current work, I added, was the treatment of the Late Roman court by Rowland Smith. David's disclosure at this point that he and Rowland had been fellow graduate students, and our mutual recognition that "court studies" are an emerging theme with immense potential, eventually led us to contemplate sponsoring a conference panel on it. With the 8th Roman Archaeology Conference at Ann Arbor in preparation, we approached the organizers, and they generously included "Royal Courts" in the conference program as a special session. Rowland accepted our invitation to come from the United Kingdom for the occasion, as did Boris Dreyer from Germany. They were joined as speakers by Geoffrey Sumi (Mount Holyoke, Mass.) and by Karen Acton and Ian Moyer from the University of Michigan itself. The session took place on April 3, 2009, during the week that Michelle Obama was suspected of committing the courtly faux pas of touching Queen Elizabeth II in London. In view of the high quality of all five papers, their remarkable cohesion, and the stimulus aroused by the session, we became convinced that publication of written versions would have lasting value and interest. The three special issues to date of American Journal of Philology (all of them likewise stemming from conference panels in fact) seemed an ideal model for the purpose. When approached, the present editor, David Larmour, reacted most positively to the prospect of a fourth such special issue, and we thank him warmly. [End Page 1] We are also grateful to our session speakers, all five of whom consented with alacrity to write up their papers for publication. David offered to add a contribution, and I undertook to introduce the volume. Once we were able to review all six contributions together, it seemed that the original session title called for modification, hence our choice of Classical Courts and Courtiers.What constitutes a "court" is obviously a fundamental issue, treated in this volume by David Potter's contribution in particular and usefully defined in brief by Rowland Smith as "a distinctively configured field in which two categories of human activity—domestic service to a ruler and government of his territories—intersect and mix." For classicists to appreciate the complexity and importance of such an elastic institution is indeed no novelty where Alexander the Great and the Successor kingdoms are concerned, with their close links to earlier Persian and Egyptian forms of rule. This is not to suggest that little remains to be said about these courts. Far from it. David and I were conscious that Tony Spawforth's volume could not be enlarged to include contributions on the Ptolemaic or Seleucid courts. We were eager, therefore, that our own panel (which in turn had to be selective in its coverage) should somehow address these gaps. For that very reason we approached Ian Moyer and Boris Dreyer, who between them demonstrate most capably that established thinking about the composition and development of the Ptolemaic and Seleucid courts, respectively, is due for revision when the evidence is subjected to fresh appraisal.In contrast to the Hellenistic courts, study of the Roman court has been strangely delayed. A principal purpose of the present volume therefore is to reinforce and advance research already begun by several scholars, especially Jeremy Paterson, Rowland Smith, Andrew Wallace-Hadrill, and Aloys Winterling (latest, 2009).2 A range of reasons for this neglect of the Roman court—so astonishing in retrospect—can be identified. First, the lack of specificity for the court. No structures to be closely associated with it remain intact; the same applies, broadly speaking, to both Alexandria (Moyer in this volume) and the great Late Roman... (shrink)

Bourdieu’s concept of ‘symbolic capital’ has been used to study various kinds of elites. This article shows how it can help us understand the status and privileges of early modern English courtiers—and how these could be won and lost. The discussion focuses on the funeral, burial and commemoration of the most successful of contemporary generals, Charles Blount, 1st Earl of Devonshire, 8th Baron Mountjoy (1563–1606), and sets these in the context of the Jacobean court’s concern with symbolic capital. It (...) demonstrates that the ceremonies normally accorded someone of Mountjoy’s rank and military success were not observed properly. He was penalised because he had married his long-standing lover, Lady Penelope Rich (1563–1607), the ‘Stella’ of Sir Philip Sidney’s sonnets. King James I showed the couple great favour until their marriage, which he declared unlawful and annulled. The heralds accepted his ruling, after disagreeing among themselves. The article shows that though the funeral was held in Westminster Abbey, Mountjoy was not buried there but in another London church, formerly known as Greyfriars, where a monument was erected to him. Lady Rich was personally and symbolically excluded from the funeral. Also discussed is the privately printed poem that Mountjoy’s client Samuel Daniel (1562–1619) wrote for the funeral, which defends Mountjoy and alludes, in a half-hidden way, to Penelope’s exclusion. The article concludes by considering how the symbolic capital of the whole court sank in this period. Most of the archival evidence considered has not been published before, some of it illustrated in figures, the rest in appendices (an armorial description of Mountjoy’s arms at his funeral, bills from the Westminster Abbey funeral and a translated extract from a contemporary history in Latin). (shrink)

Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do not (...) forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

The hereafter, one of the main pillars of Islam, has been discussed by both theologians and Ṣūfīs from various angles and interpreted in many different ways. Although there is consensus on the main subjects, there are a lot of controversies in details. One of the Ṣūfīs who authored on diverse problems over the hereafter is ʿAlāʾ al-Dawla al-Simnānī (d. 736/1336). He was a Kubrawī shaykh during the Īlkhānid era. He inclined towards the Ṣūfī path after serving the Buddhist ruler Arghun (...) (r. 1284-1291) for ten years, thanks to a spiritual experience he had. He met with Nūr al-dīn ʿAbd al-Raḥmān al-Isfarāyīnī (d. 717/1317), a Kubrawī shaykh based in Baghdad, and became a disciple of him, granted ijāza (a certificate of authority) from him. Upon his shaykh’s order, he turned back to his hometown and spent his life until his death, in his Ṣūfī lodge raising disciples and writing works. He had contributed greatly both to his own order and to the literature of Ṣūfism with his disciples and written works. As regards to the hereafter, his opinions on the reality of this world and its position against the next, death, the doomsday and its kinds, the existence of the paradise and the hell today and their present location are remarkable. In this article, his views over those problems are discussed in the context of his understanding of mystical training.Summary: ʿAlāʾ al-Dawla al-Simnānī (d. 736/1336) lived between the second half of the seventh century (h.) and the first half of the eighth century, in today’s Iran, during reign of the Īlkhānid’s. Thanks to the connection of his family to the Īlkhānid court, his father and uncle’s administrative positions at the court and his will and efforts, he started to serve Arghun (r. 1284-1291) around the age of fifteen and gained his personal intimacy. After serving him for ten years, he experienced a spiritual transformation and inclined towards a mystical life. He left Arghun for his hometown Simnān, on the pretext of his disease that courtier doctors could not treated, but under the condition that he would turn back after he recovered from the disease. He got better just after a while but did not return. He arrived Simnān at the beginning of a holy month of Ramadan, took off his formal clothes and began to mystical training himself based on Abū Ṭālib al-Makkī’s Qūt al-qulūb. After a while, he met with one of the disciples of Nūr al-dīn ʿAbd al-Raḥmān al-Isfarāyīnī (d. 717/1317) and wondered about him. Then left Simnān for Baghdad with the intention of visiting him. However, Arghun was informed about this and prevented him from going to Baghdad, withholding him for some time. After a while, Simnānī escaped from Arghun and returned to Simnān and wrote a letter to al-Isfarāyīnī on this incident. In response, al-Isfarāyīnī said that he does not need to visit Baghdad, al-Isfarāyīnī would be with him spiritually and ordered him to start his training. Simnānī kept his connection alive with his shaykh during this period via letters and spiritual meetings but he could not meet with him face to face. Afterwards, he could meet him twice and granted ijāza from him.After that, upon his shaykh’s order, he turned back to Simnān and engaged with disciples’ mystical trainings and authoring books. He gained an eminent position in both his order and history of the Ṣūfism, upbringing too many disciples and writing around ninety works. His importance in the Kubraviyya rooted firstly in the fact that the extant sub-branches of the order have him in their silsila (spiritual genealogy). In this regard Simnānī is a key actor within his order. Besides, it is significant that he had great impact on the founders of two branches of the Kubraviyya, i.e. Sayyid ʿAlī Hamadānī (d. 786/1385) and Muhammad Nurbakhsh (d. 869/1464) that indicating his influence among the order itself. When examined from the angel of the history of the Ṣūfism, the most apparent and distinctive point regarding Simnānī is his criticism against Ibn ʿArabī (d. 637/1240) on the problem of being. Notwithstanding, his supreme contribution to the Ṣūfism is his doctrine of latāif, which particularly influenced Pārsā (d. 822/1240), a leading disciple of the founder of the Naqshbandiyya. Likewise his mystical experiences and thoughts on rijāl al-ghāib had also influenced subsequent Ṣūfīs. His thoughts on the problem of khawātir, which is crucial component of Kubravī path, and detailed information given in his books regarding the lights (anwār) and the truth of nūr as well as his explanations about the situations experienced during the manifestation of God can be listed among his contributions to the history of the Ṣūfism.Simnānī who wrote on various problems of Ṣūfism, dealt with the problem of the Hereafter in the context of his understanding of initiation. For the world cannot be disunited from the Hereafter, as his understanding of the Hereafter is examined, his view of the world is studied as well. With reference to the presupposition that there are three distinct dimensions of the world, Simnānī says that man’s relationship with the world should be differentiated according to following three aspects: the world’s being a plantation for the hereafter, the world’s being a place that should be abandoned and the world does not have a reality. According to him the hereafter is a continuous moment, whereas the worldly life is bound by the past and the future. Since the past and the future do not have a real being, hence the world as well does not have real being. Simnānī embraces the death and the Doomsday in an intertwined fashion in the context of his own understanding of mystical training. Approvingly the consensus of the Ṣūfis, he divides the death into two: necessary and voluntary. And he divides the Doomsday into three: big, middle and small. According to this, the wayfarer who has weakened his soul’s evil attributes via the voluntary death observes the situations of the small doomsday. Thereby the wayfarer who observed everything that is depicted in the Quran that will be experienced after the necessary death, gains time to take necessary precautions before the necessary death, which is irremediable. Another issue that Simnānī raises regarding the Doomsday is the sorts of the Doomsday. Based on the different names of the Doomsday, he says that there are different doomsdays each of which is related with one of the latāif situated among human faculties. Ultimately salvation from those doomsdays is possible with a different good deed. Another point that Simnānī comes up with is the problem of existence of the paradise and the hell today. He thinks that the paradise and the hell both exist today, with reference to his own kashf. He relates this narrating the verses and the traditions, which support his view. Besides, he accepts that there are two paradises and hells, one is inside the human nature and the other is out there. According to Simnānī, entering the outer paradise without observing one’s inner paradise is nonsense. This is possible only through a spiritual journey from one’s external being into his/her internal being. In the end, this can only be accomplished via the voluntary death. (shrink)

The article attempts to show the activity of Stanisław Fogelweder in the service of Queen Anne of Austria, the first wife of Sigismund III Vasa. The aim was to reconstruct the scope of his courtly duties and to present an assessments of his activities, which appear in the letters by the monarch herself, her mother Archduchess Maria Anna of Bavaria, and the courtiers of the queen, as well as in the accounts of foreign diplomats. The period of Fogelweder’s life (...) in which he fulfilled his duties as chancellor and secretary to the Habsburgs is among the least discussed phases of his court and diplomatic career in the literature. The scant interest in this period of Fogelweder’s life may be surprising given the surviving source material. His position at the courts of Sigismund III and Anne of Austria can be reconstructed on the basis of his correspondence – especially his letters to Maria Anna of Bavaria and Jan Zamoyski. In the light of these sources, Fogelweder’s duties, apart from typical chancellery work, included attending audiences and delivering speeches on behalf of the queen, accompanying the monarch on her travels, obtaining and transmitting information, on top of acting as an intermediary in establishing the young monarch’s relations with members of the ruling elite, especially Jan Zamoyski. The commencement of his service at the court of Anne of Austria did not end his activities as a royal secretary or interrupt his relationship with Anne Jagiellon and the court of the queen dowager. This is evidenced by entries in the Crown Metric and information contained in royal accounts. Lasting uninterruptedly for four decades, Fogelweder’s court service was based on loyalty and total devotion to the ruling dynasty. He was usually assessed positively. The queen’s confessor Sigismund Ernhofer characterized him as a good man and an extremely hardworking courtier. Archduchess Maria called him a faithful old servant. Georg Schiechel, the queen’s valet, jealous of Fogelweder’s influence, emphasized the importance of his friendship with Zamoyski. Sometimes, however, his close relationship with the monarchical couple had to be the subject of criticism, painful and incomprehensible to Fogelweder. (shrink)

My title is taken from the frontispiece to Ogilby's translation of Aesop ; since every Renaissance poet believed the statement to be true, let me start with my own example. John Denham's only play, The Sophy, published in August 1642, is a tale about the perils of jealousy. The good prince Mirza, after a miraculous victory over the Turks, returns in glory to his father's court, but leaves it shortly thereafter. In his absense, Haly, the evil courtier, follows a friend's (...) advice to " work on [the king's] fears, till fear hath made him cruel"1 and poisons the king's mind with jealousy against his son. Mirza returns only to be brutally blinded and killed, and the emperor soon dies stricken with remorse. Now it happens that Parliament justified all its actions in the months preceding the civil war on the grounds of the "fears and jealousies" that the king had inspired. Charles was incensed by the slogan and claimed angrily that he, if anyone, had the most cause for fears and jealousies.2 Denham obviously decided that here was the all-consuming topic around which a predominantly royalist drama could be written. He followed what I believe was the standard practice - the method that Fulke Greville said Sidney used and that Congreve repeated at the end of the century when he declared of The Double Dealer that "I design'd the Moral first, and to that Moral I invented the Fable."3 He found a plot in Thomas Herbert's Travels into Diverse Parts of Asia that recorded some terrible cruelties and catastrophes caused by jealousy, and he added the point that the emperor's mind had been wrought upon by his counselor. There is no evidence that the play was ever acted, but the most casual reader would have said to himself, "Yes, history reminds us that states destroy themselves through fears and jealousies, and we should abate our own before it is too late." · 1. Sir John Denham, The Poetical Works, ed. Theodore Howard Banks, 2d ed. , p.245. The references to fear and jealousy are so ubiquitous in the play that they need not be listed here.· 2. On March 1, 1642, in the angriest of his replies to Parliament so far, Charles exclaimed, "You speake of Jealousies and Feares: Lay your hands to your hearts, and aske your selves whether I may not likewise be disturbed with Feares and Jealousies: And if so, I assure you this Message hath nothing lessened them" . Although phrases like "distempers and jealousies" had been used earlier, Clarendon on two occasions is quite specific that "fears and jealousies" were "the new words which served to justify all indispositions and to excuse all disorders" in January 1642 . Taken with other evidence, Clarendon's remarks strongly suggest that The Sophy was written after Coopers Hill, and during seven months preceding its publication in August 1642.· 3. William Congreve, The Complete Plays, ed. Herbert Davis , p. 119. And compare John Donne in Sermons, ed. Evelyn M. Simpson are George R. Potter , 9:274: "All wayes of teaching are Rule and Example: and though ordinarily the Rule be first placed, yet the Rule it selfe is made of Examples...for, Example in matter of Doctrine, is as Assimiliation in matter of Nourishment; The Example makes that that is proposed for our learning and farther instruction, like something which we knew before, as Assimilation makes that meat, which we have received and digested, like those parts which are in our bodies before."John M. Wallace, author of Destiny His Choice: The Loyalism of Andrew Marvell and articles on Milton, Dryden Denham, Traherne, and Arnold, is professor of English at the University of Chicago. (shrink)

The aim of this article is to explore the concept of “courtliness” in Castiglione and Gracián. The hero of Gracián learns the art of the “courtliness” from Castiglione, but he is not a “courtier”. Gracián uses the word “courtier” in a much broader sense. The courtliness in Castiglione is a sort of meta-discipline that contains in itself all the arts and is founded on the universal rule of «grace». The article shows how the theory of the grace of Castiglione, through (...) which the count would have been able to reconcile two requirements, achieved success in Court and a life governed by the sign of elegance, loses its intensity in Gracián, who insists more on the strategic behavior, based more on prudence and discretion than on grace. The courtesan philosophy of Gracián is understood as a discourse on the life. If we understand the court as the enclosed space in which the courtier of Castiglione lives, it is not a philosophy of court but a philosophy of human life. Gracián court is the square in the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SENOR HIRSCH AS SACRIFICIAL VICTIM AND THE MODERNISM OF CONRAD'S NOSTROMO Andrew Bartlett University ofBritish Columbia One of René Girard's more pithy definitions of mimetic desire reads: "The model designates the desirable while at the same time desiring it. Desire is always imitation ofanother desire, desire for the same object, and, therefore, an inexhaustible source of conflicts and rivalries" {Double Business Bound 39). The notation that desire is an (...) "inexhaustible" source of conflicts hints at the political pessimism expressed more openly elsewhere in Girard's writing. In 1961, he said it like this: "Whatever political or social system is somehow imposed on them, men will never achieve the peace and happiness of which the revolutionaries dream, nor the bleating harmony which so scares the reactionaries. They will always get on togetherjust enough to enable them never to agree" (Deceit 110-11). This is a Girard who, suspicious of political rhetoric, speaks with audacious cynicism even of democracy: "Who is there left to imitate after the tyrant? Henceforth men shall copy each other... Democracy is one vast middle-class court where the courtiers are everywhere and the king is nowhere" (Deceit 119). This Girard has remained consistent in his thematization of the impurity of all political compromises: "men are only capable ofreconciling their differences at the expense of a third party. The best men can hope for in their quest for nonviolence is the unanimity-minus-one ofthe surrogate victim" (Violence 259). Girard's political skepticism seems to be a result of his conviction that arbitrary victims ofviolent unanimity are the "ingredient" in political thought that allows each community to be flattered by the illusion of its political innocence, the illusion of the justifiability of its violence. 48Andrew Bartlett Modem political thought cannot dispense with morals, but it cannot become purely moral without ceasing to be political. Another ingredient must therefore be mixed with morals. If we really tried to identify what this is we would inevitably end up with formulas like Caiaphas': "It is better that this man or those die so that the community may survive" (Scapegoat 116). Political institutions, in establishing power relations between dominant and subordinate people, always exercise force, violence (Beetham 47-48). A perfectly moral politics seems as impossible as a perfectly nonviolent politics. Girard's refusal to plant his feet in the wet cement of any single political party's rhetoric is the outcome, in part, of his preference for a religious perspective on human affairs. The religious is his fundamental category ofanalysis; and religion in Girard's view is not an unenlightened form of belief to be superseded by political wisdom, but rather the fundamental mode of human social organization, the political only a secular displacement of it. I hasten to add that Girard's pessimism about political arrangements arises not from any stoical indifference to their victims, but rather from his respect for victims—a respect that is finally religious in character. A related sub-clause of Girard's political pessimism is the incompatibility ofmimetic theory and "identity politics," broadly defined so as to include nationalist or ethnic politics based on historical grievances and desires for vengeance. I have in mind here Girard's idea that the distinct identity of the surrogate victim is not strictly relevant to the effects of collective violence. Violence belongs to all men, and thus to none in particular. It is futile to look for the secret ofthe redemptive process in distinctions between the surrogate victim and other members of the community. The crucial fact is that the choice ofthe victim is arbitrary (Violence 257). The stabilizing effects of political scapegoating thus depend on the degree of unanimity in the community's violence, not on the identity ofthe victim. The identity of the sacrificial victim is not essential in scapegoating; the essential in scapegoating is the unanimity ofthe collective violence itself (cf. Violence 84, 150). Perhaps because of this priority of violent unanimity over victim identity, Girard has measured his distance from specific political causes (Scapegoat 19-20). We must confront what I would call the formal equivalence of scapegoats. The arbitrary victim of a sacrificial political process may be anyone: scandalously rich or scandalously... (shrink)

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research (...) approaches the study of courts and adjudication from an organizational perspective, looking at court structures and how they affect daily operation. Examining trial court judges' approaches to their work, including adjudication, using survey research has also been undertaken in non-English speaking jurisdictions. Each type of research design has specific strengths and advantages, as well as limitations, but each contributes to advancing knowledge about the nature, role, and reality of trial courts and adjudication. (shrink)

Court and Cosmos: The Great Age of the Seljuqs By CanbySheila R., BeyazitDeniz, RugiadiMartina and PeacockA. C. S., xiv + 365 pp. Price HB £40.00. EAN 978–1588395894.

The administration or recognition of religious courts is a form of religious accommodation present in many constitutional states today commonly analysed in legal pluralism terms. This article contributes to the further analysis of the relationship between legal pluralism and rights in religiously diverse societies by examining the status of state religious courts and their interaction with state non-religious courts. In particular, I examine what Cover calls “jurisdictional redundancies” between the courts and conceptualize the allocation of power (...) between religious and non-religious courts as a potentially productive site of interlegality. In doing so, I support concurrent jurisdictional allocations, arguing that exclusive jurisdiction could result in what I call an interlegal gap, whereby instead of inter-penetration of norms and production of reconciliatory principles, there is a justice gap whereby litigants may find themselves unable to obtain appropriate legal recourse including when neither court is willing to assume jurisdiction over the matter. This requires us to see the relationship between religious courts and non-religious courts through the more mundane but more practical lens of jurisdictional overlaps and competition, rather than through the more abstract framing of normative or even civilizational clashes. Accordingly, I argue that concurrent jurisdiction and interlegality have greater potential to strike a balance between individual and group rights and could be more protective of religious diversity. In other words, I argue for a closer, rather than a more separate, relationship between religious and non-religious courts, while denying that a hierarchical relationship where religious courts are subordinated to non-religious courts is the only way to protect rights. (shrink)

Focusing on what he considers “one of the most important and enduring expressions of twentieth-century political imagination and action and one ever more important in the struggles of the present century,” Howard Caygill’s On Resistance: A Philosophy of Defiance provides a thorough and challenging look into the concept of resistance. Recognizing that ‘resistance’ itself resists conceptualization, Caygill develops a clear means to understanding its nature, its usage in a variety of writings and situations over the past century and a half, (...) and a logic for how to sustain proactive resistance in the face of total domination or contemporary technologies. (shrink)

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the (...) role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts. (shrink)

Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research (...) approaches the study of courts and adjudication from an organizational perspective, looking at court structures and how they affect daily operation. Examining trial court judges' approaches to their work, including adjudication, using survey research has also been undertaken in non-English speaking jurisdictions. Each type of research design has specific strengths and advantages, as well as limitations, but each contributes to advancing knowledge about the nature, role, and reality of trial courts and adjudication. (shrink)

L’étude du sexe et des sexualités à l’époque romaine « sort du placard », alors que les universitaires explorent de nouveaux sujets au-delà des dynamiques entre sexe et genre plus traditionnellement étudiées. Un-Roman sex offre de nouvelles manières d’étudier le sexe, le genre et les sexualités en explorant à la fois les relations entre personnes de même sexe et les rapports de pouvoir genrés, et en replaçant le sexe au cœur de la vie quotidienne des provinces romaines. Cet ouvrage collectif...

We explore in this paper the relation between activities, communication channels and media, and common ground building in global teams. We define re-representation as a sequence of representations of the same concept using different communication channels and media. We identified the re - representation technique to build common ground that is used by team members during multimodal and multimedia communicative events in cross-disciplinary, geographically distributed settings. Our hypotheses are as follows: (1) Significant sources of information behind decisions and request for (...) actions are embedded within the fabric of communicative events in which participants use both informal and formal media to express their ideas. Capturing these information sources can facilitate common ground building and accelerate the execution of action requests. (2) Re-representations of concepts, i.e., sequences of representations using diverse media and communication channels, mediate and accelerate common ground building. (3) The use of intra- or interdisciplinary re-representations correlates with high team performance, i.e., effective team process and high product quality. We used AEC Global Teamwork course offered in 2008–2009 as the testbed for our study to validate our hypothesis. (shrink)

This book provides a variety of diverse perspectives related to the ethics of anger, some more analytical in nature, others focused on practical issues, some in defense of anger, and others arguing against its necessity. This book is an essential resource for scholars who want to reflect critically on the place of anger in contemporary life.

This article starts from a paradox and aims to solve it. On the one hand, although Drug Courts (DCs) are one of the most interesting penal innovations in recent years, running counter to the dominant retributive approach and the rival approach based on deterrence, they have surprisingly not attracted the attention of philosophers and therefore lack a solid philosophical foundation. On the other hand, although Pickard's ‘responsibility without blame’ approach looks very convincing on paper, its practical applications remain unclear (...) outside the clinical context. I argue that Pickard's approach is the theoretical framework that DCs need and that they are a compelling application of it: DCs do ascribe to participants various forms of responsibility (criminal ‘liability-responsibility’, responsibility of choice, responsibility for progress or failure, responsibility as answerability, tort liability) while striving to keep ‘affective blame’ at bay in order to help them regain their autonomy. However, I argue that some of the limitations of both this approach and DCs become apparent once we consider the ‘outer limits’ of DCs, in other words those who are terminated from DCs and those who refuse to enter DCs in the first place. (shrink)

The study distinguishes between three normative approaches that view diversity in the judiciary as a desirable ideal, outlines their expected empirical implications for judicial decision-making, and tests the implications against data from the Israeli Supreme Court. The “reflecting” approach suggests that diversifying the courts is important mainly as a means of strengthening the public’s confidence in them and does not impact judicial decisions. The “representing” approach asserts that judges serve as representatives of their social sectors. Thus, they tend to (...) rule in favor of their group’s interest only in cases that are relevant to their in-group. The “social background theory” is based on the premise that people of different backgrounds develop distinct worldviews. Hence, social attributes are expected to influence judicial decisions across a wide range of socio-legal issues. The empirical investigation centers on the role of gender and religiosity in judging on five carefully selected socio-legal issues: petitions against the Great Rabbinical Court’s rulings, constitutional disputes in all legal procedures, social welfare cases, and criminal appeals in sex offenses and in drug offenses. The results lend support to social background theory with regard to gender and are consistent with the representing approach with respect to religiosity. I further discuss the limitations and policy implications of the findings. (shrink)

Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

This paper argues that the framework of Community of Practice is beneficial for an understanding of the linguistic practices that international courts and tribunals employ in their interpretative approaches. Other than the frameworks of the social network, the speech community, and the epistemic community, the framework of Community of Practice can be said to allow for a more critical assessment of the social context in which international courts and tribunals function. Such an assessment is crucial in that it (...) is in that social context that interpretative approaches can be said to take form and in return shape the social institutions that international courts and tribunals comprise. That is, the framework of Community of Practice entails the notion that any form of meaning and its subsequent reifications, including, actual language use, are continually negotiated communally as a result of social interaction and, hence, shape the social constellations in which such interaction takes place accordingly. (shrink)

Au terme d'une longue recherche en quête du sens de l'art et de son mystère au coeur de nos vies, ce bref essai voudrait revenir sur le point central de jointure entre apparence et apparition qu'on peut désigner sous l'expression de manifestation esthétique. Interrogation ultime que soulève tout grand créateur d'une oeuvre d'art digne de ce nom, à savoir porteuse d'un contenu de vérité authentique. Ainsi du doute de Cézanne hanté au dire de Merleau-Ponty par le soupçon de l'échec de (...) la peinture à conjurer l'illusion des images - ou encore de l'angoisse de Schoenberg à la poursuite d'une musique qui soit espérance messianique (ce que J S Bach déjà avait poursuivi au sommet toute sa vie). Question éminemment philosophique méditée depuis toujours par les plus grands penseurs. Ainsi, au confluent du néo-platonisme et du christianisme, la lecture augustinienne de Plotin ; en plein âge baroque, l'analyse kantienne décisive du sublime au principe de l'imagination esthétique, et, à l'aurore de notre modernité du XXe siècle, l'invocation de Walter Benjamin à "l'aura, l'unique apparaître d'un lointain". (shrink)

Islam has come to be associated with hatred and terrorism, which has resulted in many thinking that Islam (and all Muslims) are fundamentally violent. Chaiwat Satha-Anand’s collection of revised essays featured in Nonviolence and Islamic Imperatives attempts to undermine such a narrative and reframe Islam in terms of peace and nonviolence. To achieve this goal, Satha-Anand argues that Islam’s core values require nonviolence and supports his argument by providing examples from the Prophet Muhammad and contemporary Muslims.

William Irwin gives readers a deeply moving and insightful work into human relationships, our connection to others, the nature of reality, the pursuit of flourishing, and human nature in general. Little Siddhartha centers on three generations of family and explores how they respond to the pressures of life, their place in the world, and the fractured relationships that result. Starting with the younger Siddhartha’s mantra of “Eat, drink, and be merry,” and ending with a concerted chant of “Om,” Irwin weaves (...) a tale that explores the spiritual recesses of human existence, calling on readers to understand, forgive, and most importantly, to listen. (shrink)

Is it possible for the Modern State to function without violence? How is violence ingrained in national identities, and how do the borders that supposedly “protect” nations actually foster unconscious biases, the anger and hatred of “others,” and the racism and ethnocentrism of shootings, mass murders, and other atrocities? Eddy M. Souffrant and the contributing authors of A Future without Borders? provide insights into how to answer these and other questions.

Quel lien y a-t-il entre le style, qui exprime un rapport au monde, et la théologie qui engage un rapport à Dieu ? Ce lien a été très fort dans le passé. À travers Augustin et le Pseudo-Denys, la pensée néoplatonicienne transmet au Moyen Âge le thème de la lumière intelligible. L’univers médiéval s’appréhende comme un cosmos transfiguré par la lumière de Dieu qui s’irradie sur toutes choses. Les Sommes théologiques baignent dans ce même symbolisme lumineux. Cependant, la pensée scolastique, (...) sous l’influence de l’aristotélisme, prend une orientation divergente : le réalisme tend à séculariser la nature ; la clarté ne vient plus d'en haut, mais d'en bas, de l’objet : l’esthétique se détache du discours théologique, l'allégorie se libère du symbole en direction de l'imaginaire. Quel sens reconnaître à un tel cheminement marqué au sceau de notre modernité ? Un champ esthétique, devenu ainsi autonome, ne risque-t-il pas de se retrouver exclusivement voué aux jeux formels d’une fiction pure sur fond de néant de sens ? Non, car l'imaginaire exerce une « fonction métaphorique » et « ontologique » , qui ouvre vers un supplément de sens. Le style est une structure individualisante qui rend sensible, dans l’art, le jaillissement d'une vérité du monde qui se répète dans les diverses productions esthétiques d'une même aire culturelle. Un style peut donc être un « lieu théologique » porteur d'un certain rapport au sacré, au même titre que « trace séculière » de formes spirituelles les plus diverses. D’où l’éminente leçon de « L'art sacré » contemporain, attentif aux affinités, techniques et défis de la modernité et, partant, promis aux rencontres œcuméniques les plus enrichissantes.What connection is there between style that expresses a relationship with the world, and theology that engages a relationship with God ? This connection was very strong in the past. From Augustine and the Pseudo-Dionysius, Neoplatonic thought transmitted to the Middle Ages the theme of intelligible light. The medieval universe is understood as a cosmos transfigured by God’s light irradiating all things. Theological Summas bathe in the same luminous symbolism. Under Aristotelian influence, Scholastic thought, however, takes a divergent orientation : realism tends to secularize nature ; clarity does net come from on high, but below, from the object ; the aesthetic detaches itself from the theological discourse, allegory frees itself from the symbol in the direction of the imaginary. What meaning can be seen in such a path that is marked with the seal of our modernity ? Does not the aesthetic field, that has become autonomous, take the risk of finding itself exclusively dedicated to formal games of pure fiction on a background of meaninglessness ? No, for the imaginary exercises a « metaphorical » and « ontological » function that opens towards an increase of meaning. The style is a individualizing structure that renders sensitive, in art, the breaking out of a truth of the world that repeats itself in the diverse aesthetic productions of a same cultural space. A style can, therefore, be a « theological site » carrying a certain rapport to the sacred, and at the same time that « secular pathway » of the most diverse spiritual forms. From there comes the eminent lesson of contemporary « Sacred Art », attentive to the affinities, techniques, and challenges of modernity, and consequently, engaged to most enriching ecumenical encounters. (shrink)

The aim of this article is to determine how can new interpretations of old institutes change the status of the taxpayers and tax administrators and to suggest what can the Ministry of Finance do to solve the problem – it can try setting a uniform interpretation of tax institutes. It deals with two findings of the Constitutional Court of the Czech Republic concerning two institutes described in Tax Administration Act: time-limits for tax assessment and tax inspection; and one finding of (...) the Highest Administrative Court concerning local taxes. Court interpretation is only one of several possibilities of interpretation. Continental system of law differs from the Anglo-American system and we should search for information in the acts, and court practice should be used only alternatively. (shrink)