This article deals with military honour in nineteenth-century Spain, after first examining how the meaning of this term evolved from the revolutionary Napoleonic wars onwards. This highly important moral value was learnt from the moment someone joined the army, and even before then, through education and common public military demonstrations. It related to individual behaviour, while also maintaining a high collective and corporative aspect, and it varied depending on gender or class and on the identity of the social group. (...) It was part of the political thought of most relevant Spanish generals, and consequently it influenced the political dynamics of Spain. The Court of Honour, an institution in Spain that was not regulated until 1811, controlled honour compliance. The last section of this article focuses on how and why these institutions were born and explains their early legislative evolution. Spanish political and military development are inevitably bound together to the extent that an understanding of the nature of honour and its effects on the army and civilian ethics provides us with a deep socio-political and ethical analysis of the country during the nineteenth century. (shrink)

Disciplining doctors : medical courts of honour and professional conduct -- Medical confidentiality : the debate on private versus public interests -- Patient information and consent : self-determination versus paternalism -- Duties and habitus of a doctor : the literature on medical ethics.

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for indirect (...) democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Encounters with Ovid: Gavin Douglas’s The Palis of Honoure and Derek Walcott’s “The Hotel Normandie Pool” CAROLE E. NEWLANDS In sixteenth-century Rome, humanist scholars of ancient material and religious culture were exploring the ruins and inscriptions of ancient Rome with a copy of Ovid’s Fasti in hand.1 In London at the same time, Shakespeare was entertaining audiences and inspiring other poets with plots and characters drawn from Ovid’s Metamorphoses. (...) Reception studies of Ovid often focus on these great metropolitan centers. In this article, however, I will explore transformative encounters with Ovid by two poets living on the geographical margins: Gavin Douglas, the Scottish poet whose major work, the Eneados, completed in 1513, was the first translation of Virgil’s Aeneid in the British Isles, and Derek Walcott, the Caribbean Nobel-prize winning poet best known for his epic poem Omeros, published in 1990. As a poet of a small northern country that had fraught political and cultural relations with its much more populous neighbor, England, Douglas can be considered to some extent, like Walcott, within a postcolonial critical paradigm. For despite their stark differences in geographical locale and in period of time, these poets have significant commonalties. Both men were natives of places geographically distant from the major metropolitan center of London. Both were also classically learned poets. They thus shared anxieties relating to their temporal distance from Graeco-Roman culture as well as to their physical distance from the powerful English-language literary center of their day. And significantly, both Douglas and Walcott present transformative visions of Ovid in indiarion 26.3 winter 2019 vidual, early poems, The Palis of Honoure and “The Hotel Normandie Pool” respectively. These imagined but direct encounters with the Roman poet occur in poems before Douglas and Walcott composed the works for which they are chiefly known, in Douglas’s case the translation of the Aeneid, and in Walcott’s Omeros. Ovid appears in both the Palis of Honoure and “The Hotel Normandie Pool” initially, at least, as an outsider, a poet of exile, but not, however, as a self-pitying poet in decline or, as recent scholarship would have it, as a skilled manipulator of the tropes of poetic decline.2 Rather, in Douglas’s and Walcott’s poems Ovid is a figure who authorizes marginality as a vital source of poetic re-creation. As both insider and outsider Ovid can offer positive redirection to these authors whether within or beyond their geographical boundaries. Through their visions of Ovid, both Douglas and Walcott are offered the possibility of personal change and generic innovation. For each poet the encounter with Ovid is a form of poetic initiation that leads him to his more ambitious work in the heroic genre. gavin douglas’s THE PALIS OF HONOURE i will start with Gavin Douglas (c. 1474–1522). Douglas is generally classed as one of the “Makars,” a term used to refer to a cluster of brilliant, experimental Scottish poets of the late 15th and early 16th century. Among these were Robert Henryson, William Dunbar, and Gavin Douglas, three poets who thrived under the rule of King James IV of Scotland, an active patron of the arts who sought to make his court a center of cultural excellence that would rival the English court.3 Douglas’s Palis of Honoure is a youthful, ambitious poem, composed in 1502, twelve years before his major achievement, his translation of the Aeneid.4 Dedicated to King James, The Palis comprises 2169 decasyllabic lines with several demanding rhyme schemes.5 It is written in a manner that combines the “aureate” style, that is elegant and Latinate, with down-to-earth Scottish vernacular 74 encounters with ovid diction and forms of expression, and it is also suffused with Ovidian myth and concepts.6 Its format derives from the medieval dream vision, a form employed notably, for instance, by Douglas’s famous English predecessor Chaucer.7 Scholars tend to find The Palis of Honoure less polished than Douglas’s mature work, the Eneados. Conor Leahy, however, describes the youthful poem as bold and dynamic: “In the hundred years following the death of Chaucer, no other dream vision... (shrink)

ABSTRACT:Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. (...) These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons. (shrink)

This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of (...) essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Philosophy’s Second Revolution: Early and Recent Analytic Philosophy by D. S. Clarke, and: The Rise of Analytic Philosophy ed. by Hans-Johann Glock, and: Early Analytic Philosophy: Frege, Russell, Wittgenstein. Essays in Honor of Leonard Linsky by William W. TaitCharles LandesmanD. S. Clarke. Philosophy’s Second Revolution: Early and Recent Analytic Philosophy. Chicago: Open Court Publishing Company, 1997. Pp. xii + 232. Cloth, $42.95. Paper, $19.95.Hans-Johann Glock, editor. The Rise (...) of Analytic Philosophy. Oxford: Blackwell Publishers, 1997. Pp. xiv + 95. Paper, $19.95.William W. Tait, editor. Early Analytic Philosophy: Frege, Russell, Wittgenstein. Essays in Honor of Leonard Linsky. Chicago: Open Court Publishing Company, 1997. Pp. viii + 291. Cloth, $54.95. Paper, $26.95.A remark once made by a justice of the Supreme Court about pornography may also apply to analytic philosophy: one can’t define it, but one knows it when one sees it. Can one do better than this? For D. C. Clarke, Western philosophy has undergone two revolutionary breaks with its past: the first initiated by Descartes directed against classical philosophy and the second initiated at the turn of this century that came to be known as analytic philosophy. (Continental philosophy is barely mentioned. Heidegger is briefly referred to as a bad example of a philosopher who “employs vacuously general language better designed for expressing attitudes than for advancing claims vulnerable to criticism” [192].) A revolutionary shift of framework, for Clarke, eliminates a whole set of problems. Even though the problems discussed by analytic philosophers seem similar to many of those discussed by Plato and Descartes, in fact the relation is tenuous, and current problems have new meanings (190).Clarke offers little help in defining analytic philosophy for “we find today the clear sense of purpose of analytic philosophy which flourished forty years ago being replaced by a variety of programs sharing no easily discernible common thread” (xi). It looks as if the revolutionary élan has been replaced by business as usual. Clarke’s volume is not, however, a history of analytic philosophy but a survey intended for students and the general reader of the views of analytic philosophers on a selected group of problems: approaches to language, the relation of mind to body, the nature of belief, knowledge, and understanding, the relation between philosophy and science, ethics, and philosophical method. Clarke discusses each issue with clarity and insight and argues for his own views, which are always interesting. He criticizes the current tendency in analytic philosophy toward excessive specialization and argues that the special task of philosophy is to search for a framework capable of integrating various aspects of culture. He emphasizes the importance of the study of the history of philosophy: “The central concepts of any integrating framework are few.... The history of philosophy is an indispensable aid in providing such understanding in choosing those [End Page 481] concepts that can serve this function in the present” (191). This book can be recommended for courses in analytic philosophy and in the history of philosophy in the twentieth century.Most of the essays in the volume edited by Glock are concerned to advance ways of characterizing analytic philosophy. Most of them reject Dummett’s claim that analytic philosophy is distinguished by its concern with explaining thought by giving an account of language. In his essay, Dagfinn Føllesdal recognizes the difficulty of constructing any useful classification of intellectual trends. Because analytical philosophy cannot be characterized by reference to doctrines or problems, he proposes to distinguish it by reference to its approach to philosophical problems: “analytic philosophy is very strongly concerned with argument and justification. An analytic philosopher asks: what reasons are there for accepting or rejecting this position?” (7). The interest in language is merely an offshoot of this more fundamental concern. It follows that “the analytic/non-analytic distinction runs across other divisions.... Whether one is an analytic philosopher depends on what importance one ascribes to argument and justification” (14). Thus Aquinas and Descartes, among others, count as analytic philosophers but not Heidegger or Derrida because “they predominantly make use of rhetoric” (12). Føllesdal thinks that there are ethical reasons for being an analytic philosopher... (shrink)

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a (...) bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period. (shrink)

The paper intends to analyse developing of the literary representation of women in Elizabethan and Jacobean culture, forming an integral part of female authorship during this period. However, instead of taking aim at the male poetic tradition, the genius of Wroth is to absorb it and use it for her own ends. Reclaiming the virtues of the woman through constancy, she upends the conventional views of the woman. Thus, Wroth strengthens the autonomy of the woman by allowing her to make (...) the decision to accept a role subordinate to man. (shrink)

In the autumn of 1851, on the occasion of the American Institute of New York's annual fair, the Boston chemist and geologist Charles Jackson chose as the subject of his address the ‘Encouragement and Cultivation of the Sciences in the United States’. Playing on popular enthusiasm for science and technology, Jackson rehearsed the wondrous progress of the arts and the role of science in that progress. Science was the ‘Hand-maiden of the Arts’, and most assuredly the ‘maid of honor’, he (...) declared, for science was the ‘progressive power’ which inspired new inventions. These were commonplace assumptions of the time, and surely no one in his audience would have disputed them. (shrink)

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create the field for discussion and (...) mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

Only recently has Jean-Jacques Rousseau’s Discourse on Inequality begun to be read as a genealogy rather than a variation on the social contract tradition. This article argues that reading Rousseau as a genealogist not only clarifies his analysis of amour-propre’s inflammation, but also illuminates a conception of freedom achieved through the continuous political practice of shaping of amour-propre. In the first section of this article, I situate this conception of freedom against two separate but relevant bodies of Rousseau scholarship: those (...) who read him as a genealogist, and those who emphasize the ambiguities of amour-propre. Next, I look to The Social Contract’s passages on censorship and court of honor in order to evaluate their roles as institutions that forestall the inflammation of amour-propre. Finally, I examine the social institutions that citizens actively participate in as they practice their freedom: the festivals, dances, balls and games described in The Letter to D’Alembert and Considerations on the Government of Poland. It is in these institutions that we see the political implications of Rousseau’s genealogical system manifest: because his genealogy illuminates the human tendency toward vice, the cultivation of virtuous citizenship appears as a constant struggle rather than an idealist achievement. (shrink)

This paper critically examines John Mark Mattox's view of the nature of the moral appropriateness of particular response options. By so doing, I aim to engage the wider readership in a debate, which I hope leads to greater clarity and precision of thinking on these topics. After summarizing Mattox's view, I argue first that in order for Mattox's ultimate conclusion to hold in moral terms, he must abandon the argument on the permissibility of nuclear reprisal to re-establish nuclear deterrence and (...) instead anchor this response solely on the moral grounds of retributive justice. Secondly, I argue that the morally superior and politically efficacious counter-nuclear terrorist response is to hunt down the nuclear terrorists and hold them accountable for war crimes in the International Criminal Court. This response is consistent with just war theoretic principles, and it also affirms the moral virtues of honor, dignity, and humane treatment in contexts where they are needed the most? the holocausts of nuclear terrorist attacks. (shrink)

Every professional group in society gradually evolves its own set of rules of conduct, running along two lines, the technical and the moral, which together add up to constitute the particular ethics or deontology of that profession. This professional ethics is directly connected with the honour and dignity of the profession, and the person who breaks the rules imposed by the professional code disgraces the honour of his profession; to safeguard that honour, there are special corporational and (...) disciplinary bodies known as the Courts of Honour. (shrink)

The determination of death by neurological criteria remains controversial scientifically, culturally, and legally, worldwide. In the United Kingdom, although the determination of death by neurological criteria is not legally codified, the Code of Practice of the Academy of Medical Royal Colleges is customarily used for neurological death determination and treatment withdrawal. Unlike some states in the US, however, there are no provisions under the law requiring accommodation of and respect for residents' religious rights and commitments when secular conceptions of death (...) based on medical codes and practices conflict with a traditional concept well-grounded in religious and cultural values and practices. In this article, we analyse the medical, ethical, and legal issues that were generated by the recent judgement of the High Court of England and Wales in Re: A [2015] EWHC 443. Mechanical ventilation was withdrawn in this case despite parental religious objection to a determination of death based on the code of practice. We outline contemporary evidence that has refuted the reliability of tests of brainstem function to ascertain the two conjunctive clinical criteria for the determination of death that are stipulated in the code of practice: irreversible loss of capacity for consciousness and somatic integration of bodily biological functions. We argue that: the tests of brainstem function were not properly undertaken in this case; the two conjunctive clinical criteria set forth in the code of practice cannot be reliably confirmed by these tests in any event; and absent authentication of the clinical criteria of death, the code of practice wrongly invokes a secular definition of death based on the loss of personhood. Consequently, the moral obligation of a pluralistic society to honor and respect diverse religious convictions to the greatest extent possible is being violated. Re A is contrasted with the US case of Jahi McMath in which the court accommodated parental religious objection to the determination of neurological death codified in the Uniform Determination of Death Act. We conclude that the legal system in the United Kingdom should not favour a secular definition of death over a definition of death that is respectful of religious values about the inviolability and sanctity of life. We recommend the legal recognition of religious accommodation in death determination to facilitate cultural sensitivity and compassionate care to patients and families in a pluralistic society. (shrink)

This paper examines and critiques the ethical issues in postmortem sperm retrieval and the use of postmortem sperm to create new life. The article was occasioned by the recent request of the parents of a West Point cadet who died in a skiing accident at the Academy to retrieve and use his sperm to honor his memory and perpetuate the family name. The request occasioned national media attention. A trial court judge in New York in a two-page order authorized both (...) the retrieval and use of the postmortem sperm. (shrink)

Conflicts in the clinical setting can spiral downward with remarkable speed, as parties become ever more incensed and entrenched in their positions. Productive conversations seem unlikely at best. Nevertheless, such situations can sometimes be turned into collaborative problem solving with equally remarkable speed. For this to happen, those providing conflict-resolution services such as mediation need to bring, not just a set of skills, but also some key norms: the process must be voluntary for all; the mediator must abjure giving advice (...) or taking sides, and must honor the privacy of privately offered thoughts. This article describes a conflict that had reached the point of a hospital’s requesting judicial coercion. However, a conflict-resolution process was then initiated that, in the end, led to amicable resolution and mended relationships, obviating the need for court orders. This article describes that conflict and the resolution process in detail, along the way annotating specific strategies that are often highly effective. (shrink)

The history of Ammianus Marcellinus states that Constantius II renamed the Pontic diocese Pietas, in honour of his second wife, Aurelia Eusebia . pietas refers to sacred dutiful conduct toward all, specifically gods, state, and family. Constantius’ purpose in renaming the diocese poses an interesting question because it holds an important key to understanding the role Eusebia played in supporting her husband's position as emperor. In other words, what kind of part could an empress play in the Late Empire? (...) Constantius may indeed have been honouring his wife. Why, however, would he honour her so? Is pietas just a play on the empress's name, which means ‘piety’ in Greek, or is there a deeper meaning? A search of late Imperial evidence on this woman and etymology on this word is needed. (shrink)

Aristotle's unusual view that charis should play a role in exchange is defended from the criticisms of Meikle and others. Aristotle proposes to amend the conventional Athenian status transaction so that it benefits the weaker party. The stronger is rewarded with honour and increased social influence, which could protect him/her from punitive taxation or court judgments. The relations between Aristotle's views and those of Polanyi are indicated.

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 433-452 [Access article in PDF] When Ideas Matter: The Moral Philosophy of Fontenelle Gregory Matthew Adkins Introduction There has been a recent trend in the historiography of seventeenth- and eighteenth-century intellectual culture to analyze that culture from a sociological perspective. This perspective, a necessary corrective to a pure history of ideas, takes knowledge as a socially constructed phenomenon and thus subject (...) to sociological analysis. The point of the sociology of knowledge, however, is not to re-hash and bolster old externalist arguments but to do away with the whole debate over whether ideas or social conditions are more important in intellectual history and the history of science. A focus on sociology does not mean that ideas do not matter. This becomes apparent when analyzing the ethics of early modern intellectuals.For example, Anne Goldgar's recent work, Impolite Learning: Conduct and Community in the Republic of Letters, 1680-1750 (1995), gives much attention to the sociology of the seventeenth- and eighteenth-century Republic of Letters--but at the cost of relegating the role of ideas to the sidelines. According to Goldgar, if one wants to understand early modern intellectuals as a community, including their ethics and sense of morality, one should focus on forms of sociability rather than the ideas and philosophies they put forth in their writings. An aristocratic ethic dominated early modern scholarship, she argues, and even took precedence over knowledge claims: "[i]n striving to make its inner workings acceptable to the outside community the Republic of Letters chose, like the aristocracy, to empty its internal relationships of content, choosing instead to concentrate on form.... [A]rguments were often judged on the politeness with which they were presented, rather than on their intrinsic merit." 1 Men of [End Page 433] letters, although often of humble origin, cultivated nobility by emulating aristocratic modes of decorum and noble interests in status and reputation. One way they promoted these ideas was through a literary genre adopted from classical antiquity, the éloge (eulogy), which presented exemplary modes of behavior by praising the lives of the "heroes" of the Republic of Letters. Interestingly, the years on which Goldgar focuses her analysis almost precisely encompass the period of Bernard le Bouyer de Fontenelle's mature intellectual production. Yet Fontenelle (1657-1757), widely hailed during his lifetime as having perfected the art of the éloge, plays no role in her argument.From 1699 to 1740 Fontenelle, as secrétaire perpétuel of the Académie Royale des Sciences, composed some sixty-nine éloges in honor of recently deceased members of the academy and of other notable savants. Even a brief glance at Fontenelle's eulogies reveals an intimate link between philosophy and morality. A more careful examination of them in the context of his life and works shows that this link was logically commensurate with his genuinely held notions of human nature, happiness, reason, and the good. In fact the relationship in the eulogies between notions of nobility and the virtues proper to the savant or philosopher is highly intellectualized. Fontenelle was not as concerned with status and reputation or with self-fashioning as one might think. 2 We can only assimilate his ethics to those of the court aristocracy if we ignore what he actually wrote.Through his eulogies and other writings, Fontenelle's thoughts on philosophy and morality have had a lasting impact on western culture. He presented an image of what would come to characterize the proper, objective, modern scientist and thinker. 3 In order to understand the éloge as an institution in the Republic of Letters (and by extension the early modern intellectual ethic) it is therefore important to examine Fontenelle's moral philosophy more carefully. It is a philosophy expressed in his eulogies but understood clearly only in the context of his life and works. On the ÉlogesAs noted above, one way to contextualize the institution of the éloge is to place it within a Republic of Letters concerned with adopting the manners of the nobility: the éloges... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 66.4 (2005) 541-556 [Access article in PDF] Historical Priorities Nancy S. Struever Johns Hopkins University One of the morals of Christopher Celenza's excellent The Lost Italian Renaissance is, simply, that an impoverished sense of philosophy delivers an impoverished history of philosophy. Salvatore Camporeale's enriched sense of philosophy, responsive to his strong positions on philosophy of religion, invests his brilliant work on Lorenzo Valla; (...) the work marks a historiographical advance, for the innovative account of Valla makes a new case for the seriousness, intrinsic merit of humanistic thought of the fifteenth century.I will argue that Camporeale's early focus in Umanesimo e teologia on Valla's rhetorical investments is crucial to his later accounts of Valla's strong contributions to Renaissance thought. Here Camporeale's devotion to the task of defining a "rhetorical theology" or a "humanistic theology" is an exemplary instance of a much broader initiative in intellectual history: an initiative that exploits the very rich resources of the rhetorical tradition for considering, and contesting, the positions of traditional philosophy.In the same work, Celenza raises another pertinent, major issue when he contends that a history of serious inquiry requires a pragmatic sense of inquiry as both responsive to and intrusive in surrounding dispositions and actions; it must give an account of what a mode of inquiry does, in time—its applications and its failures—misfires.1 Celenza proposes a combination of social and intellectual historical methods, thus developing a sense of intellectual communities and their allegiances and contests: focusing, for example, on the constraints of orthodoxy and the temptations of honor.Celenza's historiographical survey gives a wonderfully detailed context for Camporeale's work. While Camporeale rarely indulged in programmatic statements, a pragmatic bent, a basic pragmatic allegiance informs both the topics and procedures of his account of Renaissance classicism. I suggest an analogue: just as modern intellectual history adds pragmatic value to "internalist" history of philosophy, so rhetoric encases, motivates the vital philosophical [End Page 541] critique Camporeale finds in Valla. The investigative "agency" of humanist rhetorical philologues co-opts the activity of modern intellectual historians in focusing on response, effect, appropriatenesss, and application. The opposition—"history of philosophy/intellectual history"—gains new life in the discussions of Renaissance humanism. For the philosopher, it is the distressing case that the intellectual historian is not so much too little disciplined in philosophy as too humanistic, too engaged with moral-aesthetic affect.I would contend that Camporeale's pragmatic historical effort represents another degree of interest: it is itself ambitious as serious inquiry in that it takes its place in a historical chain of classical replications: the originary Hellenic stipulation of rhetoric as the "practical" dialogic partner of "pure" philosophy; the humanist retrieval of classsical rhetorical pragmatic aspirations and techniques; and Camporeale's retrieval of the retrieval. In his use of humanist rhetorical hermeneutic as strategy in his reformist philosophy of religion, his practice is making a case for the case the humanists made.And, as I have argued earlier, there is a sense in which Camporeale's is a retrieval of an earlier twentieth-century retrieval. Camporeale's narrative of Renaissance rhetorical innovation and inclusion fits with a particular twentieth-century narrative that revises the standard history of Hellenic thought to reorder the historical relations of rhetoric, logic, and dialectic.2 Thus, in the Summer Semester 1924 lectures, "Die Grundbegriffe der aristotelischen Philosophie," Martin Heidegger employs Aristotle's Rhetoric to gloss the major philosophical texts of metaphysics, physics, politics, and ethics. Heidegger hypothesizes an "original argument" as transpiring within the political discourse of the courts, assemblies, and the oratory of the games; and, the original discipline that studied and regulated this discourse was rhetoric. With the Aristotelian definition of man as the political animal possessing language, with language as the mode of political capacity and action, rhetoric becomes Heidegger's "first fundamental hermeneutic of the dailyness (timefullness) of living together."3 Rhetoric illumined the domain of Dasein, of being-in-the-world, of historically specific existence. Heidegger claimed this Hellenic rhetoric functioned entirely within... (shrink)

This article analyses the ethics of how community engagement and dialogue as applied by a mining corporation in Chile led to erosion of the community’s psychological freedom despite being aligned with best practice. This article details how a mining company squeezed the psychological freedom of the community in order to obtain an agreement between the period of 2000 and 2016. The findings focus particularly on a 9-month period between 2015 and 2016 when the company undertook intense community engagement. The article (...) identifies six corporate action phases undertaken which curtailed the community’s psychological freedom as paying off local leaders; challenging via courts of law; co-opting community lawyers; prohibiting a key debate during dialogue; and remaining silent after failing to honour its own self-imposed rule. The findings label the company’s community engagement as contradictory; while it conducted transitional and transformational engagement in formal spaces, it also engaged in unethical strategies in the informal spaces of community engagement. The result was overall community consent and an even more fragmented community. This article finds that when it limits the psychological freedom of participants, who are already divided as a group, corporate–community engagement can be viewed as ethically problematic. Based on analysis of the literature and an empirical case analysis, this article contributes a test for assessing the ethics of CCE. (shrink)

This paper argues that the neo-Augustinian outlook of the French moral tradition has been used for too long as a Procrustean bed, thereby depreciating the Dutch background of Mandeville's thought. In particular, Johan and Pieter de la Court were an important source of inspiration for Mandeville. In trying to come to terms with commercial society, the brothers developed a positive theory of interest and the passions, emphasizing the social utility of self-interest and honour in securing the health and wealth (...) of the commonwealth. By combining elements from neo-Augustinian and Dutch commercial republican discourses, Mandeville devised a new logic for interpreting the nature and growth of commercial society, which was to inspire intense debate. (shrink)

In 1979, following a military coup, President Zia-ul-Haq sought to foment his power by ‘Islamizing’ Pakistan. Among other policies, he enacted the Hudood Ordinances to codify classical Islamic fiqh on criminal law, including the controversial Zina Ordinance (“Ordinance”) which criminalizes sex outside of marriage. Shortly after its passing, the Ordinance led to the unjust incarceration of thousands of low-income women across the country. Decrying the law as violence against women, human rights supporters around the world demanded reform. Finally, in 2006, (...) Pakistan passed the Protection of Women Act (PWA) that amended the Ordinance, rendering the law procedurally toothless. Still, reforms left the substance of the Ordinance intact, giving men license to take the law into their own hands with effective impunity, leading to a rise in honor killings. Given the need for repeal of the Ordinance, this paper looks to lessons learned from the successes and failures of the 2006 reform to propose a strategy for the future. The 2006 reform adopted an apologetic ‘pragmatic reformist’ approach, building a coalition of conservative Islamists and secularists behind an incremental policy shift. This paper proposes that for a more substantive change that is still effective, the women’s rights movement should shift away from the purely secular or purely Islamic approach to espouse secularism and human rights but using an Islamic rationale, shifting societal attitudes from within the tradition. Doing this, I echo arguments made by reformist-activists Abdullahi An’Naim and Ziba Mir-Hosseini among others as well as adopt the approach of the Supreme Court of Pakistan, the High Courts, and the Federal Shariat Court (FSC) themselves in their attempts to reconcile Pakistan’s constitutional commitments to both human rights and Islamic law. Such a strategy, I posit, is slow but both effective and long-lasting. (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)

In lieu of an abstract, here is a brief excerpt of the content:“El secreto oficio de la abeja”A Sociopolitical Metaphor in the CelestinaCristina Guardiola (bio)Rojas returns again and again in La Celestina to the theme of the disruption of human relationships.—Stephen Gilman, The Spain of Fernando de RojasEnabled by the old bawd Celestina, the loco amor felt by the clandestine lovers Calisto and Melibea exposes a society living in disorder and conflict. Calisto and Melibea’s transgressive desire, and those who make (...) it possible, may be seen as directly contradicting moral and social laws upon which the tragicomedy claims to be predicated. Most of the characters in the work live their lives as transgression; their disorderly conduct leads inevitably to their death and destruction [Baranda 9]. The negative example offered by this work was, according to Maravall, what led early readers such as Quevedo to understand how the work: “debaxo del nombre de Comedia, enseña a vivir bien, moral y políticamente, acreditanto las virtudes y disfamando los vicios [under the title of Comedy, teaches one to live well, both moral and politically, accrediting virtues and discrediting vices]” [qtd. in Maravall 19].1 The Celestina lays bare its social and moralistic message by exposing the corruption of social and moral values prevalent in this late fifteenth-century work. Bringing together the aristocratic world of courtly love (already brought low through the Calisto’s crass treatment of waspish Melibea) and the bawdy world of the whorehouse, Rojas debases the people and passions therein. Connecting both worlds through her comings and goings is Celestina. Characterized as abeja, a political animal used in the Middle Ages and early modern period that informs the ideal structure of society, Celestina exposes a satire of society and its corruption of moral values.As the Síguese and prologue indicate, the tragicomedy was written with a dual and moral intent. The author wrote to disabuse the many “galanes y enamorados mancebos [handsome young men and enamored youth]” of his country from the cruel and evil fires of love, but also to expose “engaños de las alcahuetas y malos y lisonjeros siruientes [the deceptions of procuresses and evil sycophantic servants].” In the Celestina, the deceits of the bawd and servants Sempronio and (later) Pármeno complicate the narrative and move it to its tragic conclusion. As Celestina and Sempronio set out to profit by Calisto’s lovesickness, they are met with opposition from Pármeno. The initial resistance Pármeno puts up to defend himself and his master from the economic lust felt by Celestina and Sempronio serves to expose a conflict in social class. The heedless attainment of wealth demonstrated by the servants contradicts a more aristocratic principle that was perceived to guide economic thought in the Middle Ages [Maravall 60]. Celestina’s spoken adage, “[a] tuerto o a derecho, nuestra casa hasta el techo [by hook or by crook, our house [End Page 147] through the roof],” exposes her unmitigated greed and contrasts sharply with Calisto’s more courtly (if yet parodic) examples of largesse. The alcahueta’s greed is not merely opportunistic, it belies a certain Schadenfreude felt for Calisto’s woes. Like “cirurjanos [ante] los descalabrados [surgeons before patients with head trauma],” Celestina pursues Calisto in search of money, which at this particular moment in history was slipping through the hands of her real-life counterparts and into those of state-appointed brothel keepers. As Lacarra notes, the granting of royal mercedes for the incomes derived from prostitution to royal towns or notable persons became prevalent during the reign of Ferdinand and Isabel [40]. One must imagine women such as Celestina doubly feeling the pinch from this seemingly “catholic” imposition. Income from the alcahueta livelihood from all of Castile certainly must have been dwindling. At the same time, the alcahueta’s dishonest way of living was being usurped by speciously honorable citizens who no doubt maligned the prostitutes on whom their wealth was gained. Despite the growing danger of her increasingly clandestine profession, Celestina shows little shame or fear. Indeed, her sense of “honor” for the putería is so brightly and enthusiastically expressed in the work bearing her name that one wonders if it might not stem from... (shrink)

A short, concise book in favor of honoring doubt and admitting when the answer is: I don’t know. From the acclaimed author of No Book but the World and 2019's searing new novel Strangers and Cousins. In a tight, enlightening narrative, Leah Hager Cohen explores why, so often, we attempt to hide our ignorance, and why, in so many different areas, we would be better off coming clean. Weaving entertaining, anecdotal reporting with eye-opening research, she considers both the ramifications of (...) and alternatives to this ubiquitous habit in arenas as varied as education, finance, medicine, politics, warfare, trial courts, and climate change. But it’s more than just encouraging readers to confess their ignorance—Cohen proposes that we have much to gain by embracing uncertainty. Three little words can in fact liberate and empower, and increase the possibilities for true communication. So much becomes possible when we honor doubt. (shrink)

In his professional life, Richard Posner is addressed as “Your Honor,” inasmuch as he is Chief Judge of the U.S. Court of Appeals for the Seventh Circuit. He is also a senior lecturer at the University of Chicago Law School. Finally, he is a prolific author of books and articles in scholarly journals in which he expounds at length and with copious footnotes his particular views of jurisprudence and public policy. One of his frequent intellectual adversaries, legal philosopher Ronald Dworkin, (...) wryly described Judge Posner as “the lazy judge who writes a book before breakfast, decides several cases before noon, teaches all afternoon at the Chicago Law School, and performs brain surgery after dinner.”. (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.

It has been a widespread belief among historians of antiquity that Athens’ importance on the political scene declined rapidly after 338, and especially after 322; Athens, so it is assumed, succumbed to the will of Alexander and, later on, of his Diadochoi. Of course, it cannot be denied that Athens found itself in a very precarious and sometimes impossible position. Yet the attitudes of Athens towards one king or the other, as well as its status, vary considerably until 261, the (...) end of the Chremonidean War against Antigonos Gonatas, king of Macedon.Certain aspects of the Athenian relationship with the various monarchs are reflected in the decrees of the assembly, passed in honour of royal officials, as well as in the decrees conferring the highest honours (proedriaof the games,sitesisin thePrytaneion, and a statue) upon Athenian citizens who belonged to a king's court. My purpose is to examine precisely the image that Athens projects through the above-mentioned decrees with regard to its relations with the various rulers and their officials; and these in relation to its perception of its own position on the military and political scene on different historical occasions. (shrink)

The Eurozone Crisis is not just a monetary and economic challenge. It is as well the first tremendous challenge of the European Community and as well the national institutions and constitutions of the member states not only within the Eurozone. On one side the European Commission, the European Parliament and the ECB with its endeavours to safeguard and stabilize the single currency EURO within the Eurozone, to support the suffering countries in the south with its struggle against speculative hedge funds, (...) to render financial relief measures to those countries and its financial industry. Irrespective the fact governments and citizens within that countries, less appear to appreciate or honor that measures as efficient help to stabilize but condemn as form of European paternalism and patronage. On the other hand the countries and its citizenship especially in the north of the Eurozone to set a stop sign to the EU and the ECB. Therefore they stress the Maastricht criteria and cite the Art 125 of the TEU, which prohibits one nation to stand for or to be liable for the Government debts of another nation. Especially in the German perspective the demarcation line appears to run along between the European Commission, European Central Bank and European Court on the European side and the Bundesverfassungsgericht, the Bundesbank on the national German side. Each of the institutions feels to be bound to its origin functions and principles and save the respective constitution and the task rendered by that constitution. For a better understanding it is essential to get aware of and to reinforce the constitutional role which the Grundgesetz awarded to the Bundesverfassungsgericht and the Bundesbank and the German citizenship placing their confidence in these institutions. Es soll konkret das Verhältnis zur Nichtbeistandsklausel No-Bail-out Klausel Art 125 AEUVertrag, den Europäischen Fiskalpakt / dem ESFS, ESM / dem OMT-Programm der EZB, möglichen Entwicklung des EU zur Haftungs- und Transferunion mit einem zukünftigen Haftungsautomatismus der Mitglieder, der Unterscheidung von gemeinsamer Währungspolitik und nationaler Wirtschaftspolitik, der drohenden Vergemeinschaftung von Staatsschulden einzelner EU-Länder, die Budgethoheit des nationalen Parlaments als freie Entscheidung über die Verwendung des nationalen Haushaltes untersucht werden. Mit allen diesen Fragen mussten sich das höchste Deutsche und Europäische Gericht in jüngster Vergangenheit intensiv beschäftigen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:177 SOCIAL JUSTICE: FROM RAWLS TO HUME It is said that "the implacable Professor," John Langshaw Austin, once set as a final examination question: "'Power polities': what other sorts of politics are there?" Had Hume been requested to discourse about social justice, he might well have responded in a parallel way: 'What non-social kinds is the insertion of that adjective intended to exclude from consideration?1 For, as Hayek has (...) urged, Hume chose an unfortunate label for the second of the two kinds of virtue distinguished at the beginning of Part II of Book III of the Treatise. Certainly "the circumstances and necessities of mankind," which give rise to the "artifice or contrivance" of what Hume calls artificial virtues, are "the circumstances and necessities" of social living; something which, he would always be the first to insist, is altogether natural to our species. So, if only he had thought to label this sort of virtues 'social' rather than 'artificial,1 he would not have had to end that Section I with an awkward final paragraph protesting that, "Tho' the rules of justice be artificial they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species." In fact, it is just worth remarking, no contemporary ever would have asked Hume for his views about social justice; or, at any rate, not in those words. For, as my friend Roland Hall tells me, the first employment known to the revisers of the Oxford English Dictionary of what has since become one of the most popular of political cant phrases dates only from 1861. It occurs in Utilitarianism, at pp. 57-58 178 in the Everyman edition. There J. S. Mill first insists: not that society should treat all equally well, period; but "that society should treat all equally well who have deserved equally well of it." He continues: "This is the highest abstract standard of social and distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made in the utmost possible degree to converge." Mill himself says nothing here, or perhaps anywhere, to explain what the adjective is supposed to be doing. It seems to have been a favourite, which he was the first to preface, with equally little particular reason given, to several other nouns. So if, as seems most likely, it is intended to be no more than a superfluous synonym for 'distributive,' then it becomes important for us to notice that to Mill, as to so many of his successors, the scope of "social and distributive justice" is universal: it is what determines who is the rightful possessor of any good whatever. Thus, in contemporary courts of distributive justice, everything is up for grabs. Yet it was not ever thus, and we ought to demand reason why it should have become so. Aristotle in the Nicomachean Ethics, was, so far as we know, the first philosopher to distinguish distributive from corrective justice. He ruled that the former "is exercized in distributions of honour or wealth or of anything else which is to be divided among those who have a share in the constitution; since in these it is possible for one to have an allocation either equal or unequal to that of another" (1130B30-4). A generation dazed by the drum-beat rhetoric of equality and social justice will no doubt be 179 inclined to construe these words as making the very modern assumption that there has been an active and collective distribution of all goods, and ought now to be an active and collective redistribution. Yet such anachronistic assumptions are ruled out as Aristotle proceeds: first, to entertain the oligarchic suggestion that the relevant criterion of entitlement might be the possession of wealth; and then to conclude that this "Justice in distributing common property... when a distribution is made from the common stock... will follow the same ratio as that between the amounts which the several persons have contributed to the common stock" (1131A 25-9 and 1131B 28-33). The common... (shrink)

Richard Watson’s Descartes’s Ballet engages three main questions uncommon to traditional Cartesian scholarship: Did Descartes script La Naissance de la Paix, the ballet performed in honor of Queen Christina’s twenty-third birthday in December 1649? Did Descartes have a political philosophy? Did Descartes read the French dramatist Pierre Corneille? Watson answers no, yes, and yes.By emphasizing the complete lack of evidence that Descartes wrote La Naissance de la Paix, Watson disarms the suggestion made by Adrien Baillet, Descartes’s seventeenth-century biographer, that Descartes (...) authored the ballet. Watson further suggests that only someone who was immersed in the subtleties of political culture in the Swedish court and was in Christina’s confidence could have written it. And Descartes, he argues, could not have met this description. Had it been written by Descartes, the ballet could have provided a foundation on which to build an interpretation of Cartesian political philosophy. Without it, explicit textual support for the construction of Descartes’s political philosophy is nonexistent. Undaunted by the lack of texts, Watson nevertheless constructs one based largely on the. (shrink)

Recent iterations in international legal thought of the debate over the transformative potential of law have tended to echo the long-standing assumption that radical movements, when they employ law-based tactics, do so in the same manner as reformist movements: they mobilise the legitimacy of law for short-term goals, only with more radical long-term goals in mind. However, movements such as the 2012 student strike in the Canadian province of Quebec demonstrate more diverse, creative engagements with law that openly mock the (...) legal system in an effort to simultaneously delegitimise the current legal order. This article argues that this movement’s approach is consistent with the notion of an ‘impudent’ use of law as politics but also extends it further to include ideas raised by this movement’s theatrical ‘over-compliance’ with law, through which the movement turned law itself into a public spectacle. The article examines instances of the state’s unprecedented mobilisation of the legal system to contain the student strike and the student strikers’ creative and subversive engagements with law in response, illustrating how the ideas thrown up by this movement can advance theoretical discussion in legal scholarship about law’s transformative potential. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Brief Mention: Shameless Interests: The Decent Scholarship of Indecency*Kenneth J. ReckfordGood intentions go astray. I had meant simply to celebrate the ease and naturalness with which classical scholars treat obscene subject-matter nowadays, but there were difficulties, which may prove instructive.I had felt oddly grateful, after reading and reviewing Dover’s 1993 Frogs, for how he explained (and of course, printed) the old scatological jokes that Merry (1905) had omitted, and (...) which Adam Parry copied onto the blackboard for our fascinated Greek 106a class in fall, 1951. How strange they seem now, all those expurgated editions, those unhelpful commentaries, those mystery-keeping professors. Like Byron, we all had comic encounters with the “grosser parts”:They only add them all in an appendix,Which saves, in fact, the trouble of an index...Perhaps we worked harder than Byron. I remember, early on, struggling with Cat. 56 (which even Housman misinterpreted in his notorious 1931 “Praefanda,” for Catullus does not look on, masturbating, but plunges in, making a threesome); and I struggled with Martial. I may even, at sixteen, have been the last of the Victorians, learning about sexual by-paths from Latin poetic grammar and syntax. (Loebs were forbidden under pain of death: but had I consulted Ker’s Martial, I would have found the offending passages translated into Italian, not English: “On the theory,” Rolfe Humphries once said, “that God doesn’t understand Italian.”) We laughed; it was good fun. Yet our half-prurient inquisitiveness was mixed with genuine philological research; we resented roadblocks to learning; and years later, when Fordyce’s Catullus appeared with twenty-two “dirty poems” left out, we felt absolutely betrayed.So I give thanks for unexpurgated texts and helpful commentaries (such as Dover’s Clouds and Frogs, and Henderson’s Lysistrata, and Ferguson’s Juvenal); for good translations, too, like Charles Martin’s The Poems of Catullus (Johns Hopkins, 1990), which combines plain speaking with a certain subtle elegance. I honor the pioneers: Arrowsmith and Parker, and Sullivan; Henderson’s Maculate Muse (1975) and Dover’s Greek Homosexuality (1978; earlier writings too); Adams’ Latin Sexual [End Page 311] Vocabulary (1982) and Richlin’s Garden of Priapus (1983).* Here were basic materials for further study and interpretation. Definitions and distinctions came first: between primary obscenities and euphemisms; between different generic conventions and expected attitudes (as in oratory, comedy, epigram). In art, too, the blacking-out of erect penises on Greek vases has been removed; wall-paintings from Pompeian brothels have been made accessible, even without a bribe; budding scholars of both sexes discourse learnedly on such subjects as “Male Discharge Imagery on Greek Vase-Painting” (at a 1995 colloquium); and now Martin Kilmer’s Greek Erotica (1994) has brought new precision to the study of, e.g., intercrural intercourse between “courting” men and youths, and heterosexual intercourse a tergo (where an oil flask may suggest anal penetration, as against vaginal). The details, the illustrations and descriptions, are increasingly accurate. Gradually, too, old-time scholarly taboos have been breached, so we can handle “dirty” words and pictures without fear of degradation. We are most grateful that obscenities are no longer kept in quarantine, or treated as the exclusive hunting preserve of a “gentleman’s club” (writing in Latin, of course), so that, taking our cue from Catullus and Martial, whose “poems are dirty but our lives were pure,” we may pursue the decent scholarship of indecency.Let me, though, introduce two caveats for philologists. First, that the poetic indecencies of Aristophanes, Catullus, Martial, and Juvenal remain “untranslatable”: not from embarrassment now, but from linguistic impotence. Take Catullus’ mentula, that ugly, dangling noun, so much more evocative than “prick” or “cock”; or take irrumabo and irrumator, those powerful, almost onomatopoeic four-syllable words. “Fuck in the [End Page 312] mouth” (early Richlin) explains but loses the tone. Martin does better with Cat. 16:I’ll fuck the pair of you as you prefer it,oral Aurelius, anal Furius...a touch of wit, accessible to non-Latinists. (Will Shackleton Bailey’s new Loeb of Martial send American students scurrying to their dictionaries to look up “sodomized”?)My second caveat is more nostalgic. In our innocent (or... (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that could (...) be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (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)