Global soft law, multistakeholder norms, the business practices and policies of leading companies, the expectations of...

Volume 24, Issue 1, July 2021, Page 49-72.

John F. Henry is an eminent economist who has made important contributions to heterodox economics drawing on Adam Smith, Karl Marx, Thorstein Veblen, and John Maynard Keynes. His historical approach offers radical insights into the evolution of ideas (ideologies and theories) giving rise to and/or induced by the changes in capitalist society. Essays collected in this festschrift not only evaluate John Henry's contributions in connection to Marx's and Veblen's theories, but also apply them to the socio-economic issues (...) in the 21st century. In Part I leading heterodox economists in the traditions of Marxism, Post Keynesianism, and Institutionalism critically examine Marx's and Veblen's theoretical frameworks (and their connections to each other) that have become the foundations of heterodox economics. Chapters in Part II showcase alternative theoretical explanations inspired by Marx, Veblen, and Henry. Topics in this Part include financial crisis, financialization, capital accumulation, economics teaching, and the historical relationship between money and class society. Part III is devoted to John Henry's heterodox economics encapsulated in his "farewell" lecture, interview, and bibliography. Essays in this book, individually and collectively, make an important point that the history of economic thought (or historical analysis of economic theory and policy) is an integral part of developing heterodox economics as an alternative theoretical framework. Anyone who is troubled by the recurring failure of capitalism as well as mainstream economics will find this book well worth reading. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE INCOMMUNICABILITY OF HUMAN PERSONS JOHN F. CROSBY, III Franciscan University of Steubenville Steubenville, Ohio I PROPOSE TO explore the idea that persons do not exist as replaceable specimens of or as mere instances of an ideal or type, but rather exist in some sense for their own sakes, each existing as incommunicably his or her own.1 I undertake this study in the conviction that the incommunicability of (...) persons is profoundly characteristic for them precisely as persons, and has a major role to play in any philosophy of the person. And there is an entirely different reason which attracts me to this subject. I think that most of what I have to say here can find acceptance across a broad spectrum of philosophical positions. At a time when thinkers are increasingly suspicious of universally valid truth about man, when many of them think that a vision of man is proper only to some tradition and valid only within that tradition and not beyond it, one can offer a salutary challenge to one's contemporaries by showing a centrally important truth about persons which, as I say, can be accepted by philosophers coming from the most various points of view. Suppose that you were to minimalize the death of someone by saying that at least the human species did not die with him or her, as if the immortality of the species more than compensated for the mortality of this individual : everyone understands that you would thereby radically depersonalize the deceased. Or suppose that you were grieving over the death of someone dear to you, and a friend tried to comfort you with the thought that the 1 My thanks to Josef Seifert, William Frank, Damian Fedoryka, and Katryna Fedoryka for their comments on earlier drafts of this study. The text of this article forms Chapter Two of my book, Essay on Personal Selfhood, which is close to completion. 403 404 JOHN F. CROSBY, III particular excellences of the deceased, which awakened your love, also exist in other human beings who are still living, as if you could continue to love in them what you had loved in the deceased. Again, everyone understands that if you treat people having excellences as if they were replaceable specimens of those excellences, then you lose your grip on them as persons. But why is this? Why is personhood driven out of human beings as soon as their species-membership, or their particular excellences, are thought to predominate in them? What is that incommunicability of each person which is obscured as soon as persons are thought to be only specimens? One commonly thinks that this aspect of personal selfhood has been recognized only in modern thought; in fact it was recognized already by St. Thomas Aquinas. Creatura autem rationalis divinae providentiae substat sicut secundum se gubernata et provisa, non solum propter speciem, ut aliae corruptibiles creaturae : quia individuum quod gubernatur solum propter speciem, non gubernatur propter seipsum; creatura autem rationalis propter seipsam gubernatur, ut ex dictis manifestum est. Sic igitur solae rationales creaturae directionem a Deo ad suos actus accipiunt non solum propter speciem, sed secundum individuum.2 Notice that Aquinas teaches here the metaphysical ultimacy of personal incommunicability; it exists even before God in the sense 2 " Now, a rational creature exists under divine providence as a being governed and provided for in himself, and not simply for the sake of his species, as is the case with other corruptible creatures. For the individual that is governed only for the sake of the species is not governed for its own sake, but the rational creature is governed for his own sake, as is clear from what we have said (ch. 112). And so, only rational creatures receive direction from God in their acts, not only for the species, but for the individual." Summa Contra Gentiles, III, ch. 113 (Bourke translation). By the way, Chapters 111-114 of Book III seem to me to constitute the most " personalist " passage' in the entire corpus of St. Thomas. The modern reader sees to his amazement that St. Thomas here has already made his own the Kantian idea that each person in a sense exists for his... (shrink)

The third collection of Msgr. Wippel's essays on the metaphysical thought of Thomas Aquinas, covering topics such as the discovery of metaphysics by a special form of judgment, the relationship between faith and reason in the preambles of faith, the distinction between essence and "esse," and participation.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Metaphysics of Theism: Aquinas’s Natural Theology inSumma contra gentiles I by Norman KretzmannJohn F. WippelNorman Kretzmann. The Metaphysics of Theism: Aquinas’s Natural Theology in Summa contra gentiles I. Oxford: Clarendon Press, 1997. Pp. xii + 302. Cloth, $45.00.In this book Kretzmann intends to contribute to our understanding of Aquinas’s natural theology as it is presented in Bk I of his Summa contra gentiles(SCG). He hopes that it (...) will be of value to medieval philosophical scholarship. Because he regards Aquinas’s natural theology as an ongoing active enterprise, he also wants to present a viable metaphysics of theism along the lines laid down by the medieval Doctor. Thomas himself indicates that in Bks. I–III of the four Books of this work he will set forth those aspects of Christian belief about God which can be established by unaided human reason. Kretzmann views Aquinas’s project in these three Books as the most promising and “most fully accomplished natural theology” of which he is aware.In ch. 1 Kretzmann discusses the relationship between philosophy and theology and suggests that a philosophical theology might be regarded as theology from the top down. Philosophy from the bottom up would seem to be the only kind of philosophy that can be distinguished from it. Kretzmann mentions the “philosophical theology” produced by many medieval theologians and by current philosophers of religion but, in a departure from Aquinas’s own terminology, regards this as a part of revealed theology. Kretzmann reserves the name “natural theology” for the theology that is a part of philosophy, and refers to it as theology from the bottom up. But, he suggests, if one were to take a metaphysically grounded natural theology as the first phase in a systematic presentation of the rest of philosophy, one could then refer to philosophy as proceeding from the top down, i.e., from an original demonstration of the existence of God and discussion of his nature to an examination of created reality and human nature and behavior as following from God as the first principle. It is this approach that he finds Thomas following in SCG I–III and which Kretzmann will subsequently refer to as his “natural theology.”In ch. 2 Kretzmann examines Thomas’s efforts in SCG I, c. 13 to demonstrate God’s existence. He thinks Aquinas is too demanding in requiring demonstrative argumentation for God’s existence at this point. For Rretzmann it will be enough initially to offer argumentation to show that the existence of God is an acceptable working hypothesis, and to move from this to an investigation of the divine nature. Thomas offers five a [End Page 528]posteriori arguments for God’s existence in c. 13, of which the first two, by far the lengthiest, are based on motion and deeply indebted to Aristotle. Kretzmann notes the close relationship between this first argument from motion and the later “first way” of Summa theologiae1, 2, 3. But because this argument has been ably analyzed and defended by Scott MacDonald, Kretzmann unfortunately bypasses it here and concentrates on the more complicated second argument. After submitting this to close analysis, he concludes that it has some fatal flaws which prevent it from being accepted as demonstrative.This result forces him in ch. 3 to move forward in his presentation of Thomas’s natural theology without having a conclusive argument for the existence of God or even of an extraordinary first being. But he is willing to use its conclusion, that there is an ultimate explanatory principle, as a working hypothesis, even though at this point he is not ready to identify this with even a hypothetically existing God. Instead, he will refer to it as “Alpha.” He follows Thomas’s employment of the way of negation in cc. 14–28 in removing a series of names that should not be predicated of God. As part of his effort in c. 15 to prove that God is eternal, Aquinas introduces a special argument based on the difference between possible (=corruptible) and necessary (=incorruptible) beings. Kretzman correctly takes this as in effect another argument for the existence of God... (shrink)

Machine generated contents note: ch. 1 The Cry of Rachel -- Maritain's 1942 Marquette Aquinas Lecture -- Maritain's The Person and the Common Good -- Camus's The Plague -- ch. 2 Joy -- Being as the Good and the Eruption of Willing -- Being and Philosophical Psychology -- An Ordinary Knowledge of God and Metaphysics -- Metaphysics as Implicit Knowledge -- Being and the Intellectual Emotions -- ch. 3 Quandoque Evils -- Aquinas's Rationale for the Corruptible Order -- The Corruptible (...) Order and Quandoque Evils -- Bracketing Quandoque Evils between Goods -- A Caveat in Understanding the Subject of the Consequent Good -- The Effect of Human Providence upon the Frequency of Quandoque Evils -- ch. 4 Natural Corruptions -- Death as a Natural Corruption -- Natural Corruption as Nondefinitive -- Ambiguity of "Praeter Intentionem" and "Per Accidens" -- God and the Evil of Punishment (Poena) -- Other Interpretations -- Abraham and Isaac -- Conclusion -- ch. 5 Preliminaries to Aquinas and the Contemporary Discussion -- C.G. III, 71: "If Evil Exists, God Exists" -- William Rowe on Cosmological Reasoning -- De Ver. X, 12, ad 10m: "If not God from Justice, then God from Some Other Effect" -- Summary of Aquinas on the Existence of Evil -- A Strategy -- ch. 6 The Thomist and the Contemporary Discussion: Personalist Theodicies -- Marilyn McCord Adams and "Horrendous Evils" -- William Hasker: Personal Satisfaction and World Approval -- John Hick: Creation as a Gymnasium for the Development of Our Virtues -- David Ray Griffin and the Denial of Genuine Evils -- The Brothers Karamazov -- Thomistic "Natural Desires" of the Human Person -- ch. 7 The Thomist and the Contemporary Discussion: Cosmological Theodicies -- Diogenes Allen and Suffering as an Experience of God -- David Hume and Dialogues concerning Natural Religion, X and XI -- William Rowe and "Pointless Evils" -- J. L. Mackie and Further Objections to a Cosmological Theodicy -- Mackie's Fourth Criticism and Aquinas on the Causality of Human Choices -- Aquinas and Plantinga -- The Avoidance of Determinism -- The Avoidance of Divine Culpability -- A Thomistic Free Will Defense? -- Richard Swinburne: Nature as a Necessary Display Case for Our Knowledge of Good and Evil -- Bruce Reichenbach: Developing Plantinga and Swinburne -- ch. 8 Conclusion and Comparison to Brian Davies and Eleonore Stump -- Brian Davies's Apophatic Treatment of the Evil Problem -- Eleonore Stump and the Love of God -- The Consolation of Rachel. (shrink)

The authority of humanism is emphatically not an authority based on intuition, spiritual awakening, personal revelation or epiphanies, scriptural witness of whatever faith, pseudo science, astrology, consensus, endorsements, testimony of enlightened gurus, swamis, pastors, priests, ayatollahs, Buddhist monks, or even justices of the Supreme Court of the United States. The central thesis of this essay is to identify the specific authority underlying the humanist claim which states that “Humanism is a progressive philosophy of life that, without supernaturalism, affirms our ability (...) and responsibility to lead ethical lives of personal fulfillment that aspire to the greater good of humanity.” (Humanist Manifesto III, Washington, DC: American Humanist Association, 2003, italics added.) This essay addresses the question: By what authority do humanists make this claim? The answer is based on consideration of the impossibility of a-priori premises and assumptions except for mathematics and logic. Rather than a priori assumptions and premises, the authority underlying humanism is based on the legitimacy of the a-posteriori, in short, empirical and scientific processes and methodologies. (shrink)

The Alu sequence is a SINE (Short INterspersed Element) that is abundant in the human genome. A new analysis(1) reveals an unexpected conservation of some bases in the DNA sequence of the element. The bases involved include those forming an RNA polymerase III promoter. An unresolved question is whether this conservation results from selection for transposability. This, in turn, is related to the larger question of the evolutionary relationship between members of the Alu sequence family.

David Lewis[ii] has long defended an account of scientific law acceptable even to an empiricist with significant metaphysical scruples. On this account, the laws are defined to be the consequences of the best system for axiomitizing all occurrent fact. Here "best system" means the set of sentences which yields the best combination of strength of descriptive content[iii] with simplicity of exposition. And occurrent facts, the facts to be systematized, are roughly the particular facts about a localized space-time region that are (...) non-modal, non-dispositional, and non-causal. (shrink)

The studies contained in this volume range widely and include the following: K. Bormann, on the concept of truth and the doctrine concerning Nous in Aristotle and some of his commentators; K. Jacobi, on "good" and "evil" and their opposition in Aristotle, some Aristotelian commentators, and Thomas Aquinas; P.-B. Lüttringhaus, on God, freedom, and necessity in Boethius's Consolation of Philosophy; G. Vuillemin-Diem, a long study concerning William of Moerbeke's translation into Latin of Aristotle's Metaphysics; R. Wielockx, on Godfrey of Fontaines (...) as a witness in support of the authenticity of Albert the Great's Summa theologiae; R. Hissette, on Albert the Great and Thomas Aquinas and the Paris Condemnation of 1277; A. Zimmermann, on Thomas Aquinas's De veritate, qu. 1; C. Kopp, an edition and study of the fallaciae breves contained in a British Museum manuscript; I. Craemer-Ruegenberg, a study on the terminatio materiae primae as found in a commentary on Aristotle's Physics dating from the second half of the fourteenth century; H. G. Senger, a study of a question by Lambert of Heerenberg, concerning whether Aristotle's soul was saved. Limitations of space will force me to confine my remarks to only a few of these carefully researched investigations. In the first study Bormann seeks to determine Aristotle's views concerning the ultimate ground for universally valid propositions and Aristotle's justification for his belief that certain of these are valid for all men and at all times in spite of the differences in human language. This quickly leads him to consider Aristotle's views concerning mind as active and mind as passive, especially as found in De anima III, 5. Mind as active is not to be identified with Aristotle's Unmoved Mover of Metaphysics XII; it unites with the soul of the individual man during the latter's lifetime, is free from all potentiality, is never acted upon, and exists in separation from the individual human being with the death of the latter. Mind as passive passes away with the individual soul when a particular man dies. Bormann then examines subsequent efforts to clarify Aristotle's thought concerning this by Alexander of Aphrodisias, Themistius, John Philoponus, Averroes, Albert the Great, and Thomas Aquinas. Lüttringhaus introduces his discussion of Boethius's views on God, freedom, and necessity by drawing an interesting contrast between freedom as found in the One of Plotinus and freedom in Boethius. Given his Christian Neoplatonism, Boethius must reconcile human freedom with an omnipotent and omniscient God. His efforts to do so in the Consolatio are then carefully analyzed by Lüttringhaus. As Lüttringhaus points out, Boethius's distinction between absolute necessity and hypothetical necessity in Bk. V is crucial for his defense of human freedom, along with his distinction between divine eternity and human temporality. G. Vuillemin-Diem's study offers new and valuable information concerning Moerbeke's revision and translation of the Metaphysics. Contrary to the long held view that Moerbeke had only newly translated one book and had simply revised an earlier translation for the others, she shows that he newly translated Bks. XI, XIII, and XIV. Moreover, she reveals that a long overlooked surviving Greek manuscript may have served as the model for Morebeke's revision and translation, either directly or through a copy. R. Wielockx turns to three manuscripts from Godfrey of Fontaines' library which still survive in order to cast some new light on the disputed authenticity of Albert the Great's Summa theologiae. The manuscripts contain a number of excerpts taken from the first part of Albert's Summa; many of those contained in the two last-mentioned manuscripts are explicitly attributed to Albert by Godfrey's own hand, according to Wielockx. Given this and the relatively early dating Wielockx has established for the copying of these excerpts into the manuscripts in question, he has here discovered a valuable external and positive indication pointing to the authenticity of at least this earlier part of Albert's Summa. Having already published an important book in 1977 on the Paris Condemnation of 1277, R. Hissette here returns to the disputed issue whether some of these condemned propositions were directly aimed at Thomas Aquinas or at Albert the Great. Hissette acknowledges that a number of positions held by Aquinas and by Albert were in fact touched on by various condemned propositions. He also notes that the authors of the decree itself must have known that the condemned propositions were held by Aquinas and by various Masters from the Arts Faculty at Paris. But given the statement in the prologue of the decree to this effect that it was aimed at members of the Arts Faculty, Hissette continues to deny that either Thomas or Albert was a direct target of this condemnation; they were only indirectly implicated. Some may wonder whether this distinction defended by Hissette is real or only verbal. In his careful analysis of Thomas's De veritate, 1, 6, Zimmermann draws some interesting comparisons and contrasts between Thomas's views concerning whether any created truth is immutable and Anselm's De veritate, on the one hand, and Bertrand Russell's "Truth and Falsity," on the other.--John F. Wippel, The Catholic University of America. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Metaphysical Themes in Thomas Aquinas III by John F. WippelTherese Scarpelli CoryWIPPEL, John F. Metaphysical Themes in Thomas Aquinas III. Washington, D.C.: The Catholic University of America Press, 2021. ix + 321 pp. Cloth, $65.00; eBook, $65.00This volume is the third in what can now be considered informally a series of volumes collecting some of John F. Wippel's most important writings. (Two previous volumes, Metaphysical (...) Themes in Thomas Aquinas and Metaphysical Themes in Thomas Aquinas II, were published in 1984 and 2007, respectively, by the same press.) In this volume, Wippel has collected nine of his articles or book chapters, originally published from 2002–2019, on a wide range of topics: (1) "Aquinas on Separatio and Our Discovery of Being as Being," (2) "Thomas Aquinas on Philosophy and the Preambles of Faith," (3) "Cornelio Fabro on the Distinction and Composition of Essence and Esse in the Metaphysics of Thomas Aquinas," (4) "Cornelio Fabro on Participation and Aquinas's Quarta Via," (5) "Aquinas on Creation and Preambles of Faith," (6) "Thomas Aquinas and the Unity of Substantial Form," (7) "Thomas Aquinas on the Separated Soul's Natural Knowledge," (8) "Metaphysical Themes in De Malo I," and (9) "Metaphysical Composition of Angels in Bonaventure, Aquinas, and Godfrey of Fontaines."Such collections provide a valuable opportunity for the author's retrospective on the work thus collected. In this respect, it is especially worth noting the usefulness of the introduction to this volume, in which Wippel has provided a detailed précis for each included chapter. The introduction thus serves as a helpful roadmap to orient new and returning readers of Wippel's work to some of his most important writings.In a book review of this length, it is impossible to summarize adequately the content of each essay. Indeed, it would be redundant to try, given the much more authoritative content of Wippel's own introduction to the volume. Consequently, I will limit myself to highlighting one of the notable inclusions in this collection, namely, chapter 6, "Thomas Aquinas and the Unity of Substantial Form." Despite the modest title, the piece is an extensive and wide-ranging study of the development and fate of Aquinas's controversial doctrine, the anxieties it raised among his contemporaries, and the debate that raged at Paris in the late thirteenth century, and during which the doctrine appears to have narrowly escaped inclusion on the list of condemnations of 1270. Wippel correlates some interesting historical anecdotes and documentary evidence with Aquinas's series of changing formulations in discussions of the unity of substantial form. He is thereby able to document a particularly nuanced case in which Aquinas attempts to make his own thought clearer in the face of a developing controversy, but without giving up on the essentials of his own position.Nonetheless, Wippel points out that Aquinas never fully resolved the theological criticisms lodged against his position. Within the debate over the number of substantial forms in a substance, the identity of Christ's dead body in the tomb between the crucifixion and resurrection ended up becoming a test case: What makes Christ's living body and his dead body in the tomb both be identically the same body? The problem is as follows: [End Page 371] Since substantial form is what secures the identity of a substance across time, if there is just one substantial form in a human substance, and that form (the human soul) departs Christ's body in his death on the cross, then after his death whatever is left can no longer be identified as Christ's body. It must be some new substance with its own substantial form.For opponents, this difficulty was fatal. How did Aquinas respond? Disappointingly, he only asserts that Christ's dead body is numerically identical with his living body, just not "in every way"—but without explaining why he thinks this identity is preserved. It is left to Giles of Rome to fill out a tentative solution: Although the matter of Christ's body does take on a new substantial form, it remains Christ's, because it remains united to the person of the Word.The problem is... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:F. H. Bradley and the Working-out of Absolute Idealism* JOHN HERMAN RANDALL, JR. FRANCIS HERBERTBRADLEY (1846-1924) 1 agreed with the other English idealists that the real world is the experienced world. But he started with the fundamental conviction that "experience" is more than "thought," as Green had maintained. Bradley's basic drive is the refusal to abolish "feeling" in favor of knowledge and intelligibility. "Feeling" is a fundamental and (...) ineradicable aspect of "reality"m more fundamental, in fact, than thinking. In the immediately experienced world, all intelligible distinctions and relations are merged in a "whole of feeling" which is the ultimate subject-matter of philosophy. "Thought" arises out of feeling, out of "immediacy," as an interpretation of immediate experience by distinguishing relations and aspects in it. "Knowledge " is only one aspect of the experienced world; it needs blending with "feeling" and will to include all the experienced aspects. "Feeling" starts for Bradley, in his Principles of Logic (1883), in pretty much the empiricist sense, as isolated sensations, and as subjective (in flavor at least). It then becomes neutral: "feeling" is identified with "the felt"; and it grows richer, attempting to include the whole wealth of immediate experience. Thus Bradley gets very close to Dewey's conception of "direct experience," "non-reflective experience," without, however, Dewey's biological analysis. It is through this conception of experience that Bradley approaches the naturalism to which his thinking almost arrived at the end. Thought, that is, has a setting in experience " it is relational, and by its analysis it breaks up experienced and felt wholes. There is a double insistence in Bradley. On the one hand, reality is experienced, but is not adequately expressed in thought. On the other, reality/s accessible to knowledge. What has often been called Bradley's "skepticism" is really an objective relativism. Thought, logical structure, is not ultimate. In Appearance and *This study of F. It. Bradley is based on one of five chapters on post-ttegehan philosophical Ideahsm in Britain and America to be included in my forthcoming Career oJ Philosophy in Modem Times, Vol.III: The Hundred Years Since Darwin. ISee Bradley ed. of Mind, XXXIV (1925); A. E. Taylor, "F. H. Bradley"; J. H. Muirhead, "Bradley's Place in Philosophy." See also T. M. Forsyth, English Philosophy (London: 1910), chap. VII, 2rid part; Rudolf Kagey, F. H. Bradley's Logic (New York: 1931). The best philosophical analyses of Bradley are Robert D. Mack, The Appeal to Immediate Experience (New York: 1945),and Richard Wollheim,F. H. Bradley (Pelican Books, 1959). [245] 246 HISTORY OF PHILOSOPHY Reality, he insists it is really self-contradictory; then later he emphasizes rather that it is always relative to its particular subiect-matter. The real, experienced world is never identical with the intelligible world, yet it is also never "extraneous " to it. The relation of the two can be said to be, in Aristotelian terms, that of substance to form, that of what is to its intelligible aspect. The intelligible world, the system of science and knowledge, thus fundamentally needs criticism in the light of its setting in the experienced world. This is not only the entire drive of Dewey's Experience and Nature; it is the expression of that whole current of thought on the Continent which began with the criticism of Hegel's "panlogism" in the 1840's and is today called "Existentialism." Bradley is the British counterpart of all those who have criticized philosophies of logical structure like T. H. Green's, or like the other contemporary forms of Neo-Kantianism in Germany and France. The "known world" is a world of relations distingflished in the richer "real world." These distinctions are ultimately relative to their particular setting, but in that setting they are valid enough. Bradley's celebrated doctrine of the "degrees of truth and reality" means that practically knowledge is "true"; any idea which fulfills its purpose of rendering some portion or aspect of experience intelligible and significant and meaningful, and which is not ousted by a better idea, Bradley is willing to say is "so far true." It is valid, in its own sphere and purpose, despite its ultimate inconsistency; the wave-theory... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:342 BOOK REVIEWS (5) What follows for the " critical " and " systematic " dimensions of theology, if, accepting Balthasar's centering of thought in (the paradoxes of) love and beauty, one sees mystery, metaphor, concrete imagery, and indeed "myth" as essential and not "accidental" to all theological meaning? In opening up these questions, O'Hanlon's important book identifies the areas where dialogue with Balthasar's work might best begin, even (...) as it makes its own constructive contribution to theology. John Paul II Institute Washington, D.C. DAVID L. SCHINDLER Goodness and Rightness in Thomas Aquinas's Summa Theologiae. By JAMES F. KEENAN, S.J. Washington, D.C.: Georgetown University Press, 1992. Pp. xii + 212. $25.00 (paper). James Keenan says that he began his work on this book " believing the simple presupposition that goodness describes persons and rightness describes actions" (p. ix). The main focus of the study is the question of whether and to what extent this distinction can be found in the work of Aquinas. The author holds that the understanding of the relation of reason and will in the early work of Aquinas precludes the distinction of goodness and rightness held by the author and other contemporary moralists. Keenan claims, however, to find in the Prima Secundae of the Summa Theologiae a significant shift in Aquinas's notion of the will and its relation to reason, a shift toward an " autonomous will." Keenan states in the Introduction: "The will's autonomy is a necessary condition for understanding moral goodness "; indeed he proceeds to note that " without it there can be no distinction " between goodness and rightness (pp. ix-x). Before commenting on Keenan's work I will first briefly summarize the basic points of the book. The book is divided into four parts. In the first part we see the distinction between goodness and rightness. Keenan explains the distinction: Goodness and badness describe whether or not we strive to the extent we are able to attain rightness in our lives and actions. Rightness and wrongness describe whether or not we attain the end that reason dictates is proper and necessary for our lives and actions (p. ix). Keenan finds the foundation for this distinction in the reasoning of G. E. Moore. A person's actions can he judged right or wrong independently of a consideration of the person's motives. For instance, a BOOK REVIEWS 343 right action might be performed by a good person or by a bad person, the goodness or badness being determined by the motive. There are, then, two distinct moral descriptions; one, goodness or badness, pertains to persons and the other, rightness and wrongness, pertains to actions. Keenan joins several contemporary moral theologians in claiming something which Moore did not, namely, that " a person who performs a wrong action can be called good for performing the action" (p. 6). This assertion is based upon an understanding of goodness as determined " antecedent to action " (p. 15), and likewise as " antecedent to and distinct from rightness" (p. 7). Moral goodness is determined by the motivation, and motivation alone, of the person acting (p. 14). For example, does the person act out of love for God and neighbor, or rather out of a desire for self-aggrandizement? Jn question here is what Keenan calls the " fundamental, formal self-movement of the agent" (p. 14). Rightness on the other hand is a moral description determined by the measure of reason. It describes actions, and can also describe the agent, in terms of right order in relation to the end of human life. In Part II (the second and third chapters) Keenan turns to the supposed shift in the thought of Aquinas regarding reason and will. Keenan finds the early position of Aquinas incompatible with the distinction of goodness and rightness, but the later position compatible with the distinction. Keenan also presents Aquinas's distinction between specification and exercise in the act of the will as crucial to the distinction between goodness and rightness. I will return to this point shortly. Part III (the fourth and fifth chapters) considers Aquinas's treatises on the human act and moral virtue found in Summa Theologiae I-II. Keenan holds that... (shrink)

Part I. Space and Time in the History of Philosophy. The Concept of Space in Antiquity / Max Jammer. -- Aristotle and the Sea Battle / G.E.M. Anscombe. -- Questions About Time / St. Augustine. -- Space and Matter / Renè Descartes. -- Absolute Space and Time / Isaac Newton. -- The Relational Theory of Space and Time / Gottfried Leibniz. -- Place, Extension and Duration / John Locke. -- Transcendental Ideality of Space and Time / Immanuel Kant. -- (...) Mirror Images / Immanuel Kant. -- Newton's Views of Time, Space and Motion / Ernst Mach. -- The Unreality of Space and time / F.H. Bradley. -- Duration and Intuition / Henri Bergson. -- The Problem of Infinity Considered Historically / Bertrand Russell. -- Part II. Geomoetry and Physics. What is Geometry? / A.S. Eddington. -- Space and Geometry / Ernest Nagel. -- Non-Eucledian Spaces / Hans Reichenbach. -- Geometry and Definition of Congruence / Hans Reichenbach. -- Geometry as a Branch of Physics / H.P. Robertson. -- Part III. Space-Time and Relativity. Relativity / R.E. Peierls. -- Autobiographical Notes / Albert Einstein. -- The Four-Dimensional World / Moritz Schlick. -- Space and Time / H. Minkowski. The Philosophical Retention of Absolute Space in Einstein's General Theory of relativity / Adolf Grünbaum. -- Part IV. Recent Philosophical Analyses. Ostensible Temporality / C.D. Croad. -- Time : A Treatment of Some Puzzles / J.N. Findlay. -- Time and Language, and the Passage fo Time / Nelson Goodman. -- Time / W.V. Quine. -- Geometrical Objects / W.V. Quine. -- Spatial and Temporal Ananlogies and the Concept of Identity / Richard Taylor. -- Time, Irreversible Processes, and the Physical Status of Becoming / Adolf Grünbaum. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

John Earman's new book,World Enough and Space-Time, is a brisk account of the controversy between space-time absolutists and relationists. The book is intended, one is told, to be “appropriate for use in an upper-level undergraduate or beginning graduate course in the philosophy of science”, but Earman's no-holds-barred approach to the mathematics of space-time theories will have bludgeoned most philosophical readers, undergraduate or beyond, into submission long before it is revealed that Pirani and Williams “have studied the integrability conditions for (...) Born-rigid motions in curved space-times and have shown that space-times of Petrov types II, III, and N do not admit of nonrotating Born-rigid motions”. I say this sadly, because Earman's book is a discerning review of an important literature, and most of its main arguments can be grasped even if some technical details remain out of reach. The more you reach for those details, the more compelling the book will become. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE HISTORICAL CONDITIONING OF CHURCH DOCTRINE* JOHN R. T. LAMONT Winnipeg, Canada I WISH to set out and defend a certain conception of what is involved in accepting the teachings of the Catholic Church. This conception is at odds with some contemporary understandings of the way in which such teachings are historically conditioned. I will argue that these conceptions are mistaken, and state what I think to be (...) the correct understanding of the historical conditioning of dogma. I Possession of the Catholic faith is usually understood to involve belief in the doctrines infallibly taught by the Catholic Church, so that outward profession of, and inward assent to, those doctrines, whether explicit or implicit, is a necessary condition for being a Catholic. I do not intend to discuss which particular doctrines are infallibly taught, or how exactly one determines that a doctrine is infallibly taught. I will simply assume that there are such doctrines, and that it is possible to determine that they are infallibly taught, and go on to ask the question, What does acceptance of these doctrines consist in? (The simpler expression "teachings of the Church" will be used to mean "infallible teachings of the Church" in the rest of this paper.) I propose this answer: • This paper had its origin in the lectures prepared for the author's philosophy of religion course at Chishawasha Seminary, Harare. The author would like to thank Fr. Norman Tanner, S.J., Fr. J.M. R. Tillard, O.P., and his colleagues at the Seminary and the University of Manitoba, for their helpful comments and suggestions. 511 512 JOHN R. T. LAMONT F). To accept the teachings of the Church is to believe that the propositions expressed by the sentences taught by the Church are true. Some comment on F) is necessary in order to make its meaning clear. A) "Propositions" Propositions, according to philosophers and logicians,1 possess the following characteristics. They are i) the bearers of truth or falsity. Whatever can be described as true, or as false, is a proposition. ii) the meanings of meaningful sentences. Different sentences can mean the same thing; for instance, the English sentence "Snow is white" and the French sentence "La neige est blanche" mean the same thing. What these two sentences have in common-what they mean-is a proposition. iii) the objects of cognitive, or propositional, attitudes. Such attitudes include knowing, doubting, wishing, disbelieving, suspending judgment about, expecting. When you know something or disbelieve something, what you know or disbelieve is a proposition. When you hope for something or fear that something might happen, what you hope for or fear is that some proposition might be true. Since the teachings of the Church are things that can be believed or disbelieved, are held to be true (by Catholics) and false (by some non-Catholics), and are expressed by sentences,' it follows that they are propositions.3 B) "Propositions expressed by sentences" Humans communicate propositions to each other by means of sentences. A sentence is a physical object, or a physical happening; ' See, for example, the introduction to Propositions and Attitudes, edited by Nathan Salmon and Scott Soames (Oxford, 1988). I have tried to describe in a previous paper the sort of reasons that have led philosophers to maintain that propositions are the objects of cognitive attitudes such as knowing, believing, or hoping ("The Nature of Revelation," New Blackfriars [July-August 1991]: 335-45). 2 I do not mean to assert here that all the Church's teachings are expressed in sentences, only that the Church does at times express her teachings in sentences (which is undeniable). It is possible for the Church to teach through actions, such as liturgical actions, as well as through sentences. However, since what is taught in such actions will be something that can be known and believed, such teachings will be propositions. 3 The question whether the teachings of the Church are propositions is not the same as the question whether divine revelation is propositional-whether divine revelation consists wholly or partly of propositions communicated by God to humans. I have argued (in "The Nature of Revelation") that revelation is at least partly propositional. However, the THE CONDITIONING... (shrink)

The aim of this paper is to evaluate the respect-for- persons theory implicit in John Rawls's A Theory of Justice. It merits evaluation not only as a contemporary contribution to the respect-for-persons literature, but because it provides an essential premise in one of his arguments from publicity for his principles of justice.In sections I and II I discuss the meaning and justification of his respect principle. As it stands it seems unjustifiable. In section III I argue that since it (...) is unjustifiable, it renders one argument from publicity unsound. More generally, it seems that Rawls has misconceived the relationships between justice, respect, and self-respect. Perhaps respect and self-respect should be defined in terms of justice, not conversely. (shrink)

In the tenth study of his Quaestiones de perfectione evangelica,1 written in late 1279, Peter of John explained at length that, if engaged in spiritual pursuits, it is more perfect to beg for one’s sustenance than to acquire it by labor.2 To the study he tacked a second question.3 He considered critically the proposition that Franciscans owned nothing and did not touch money; they could live well, however, even very well, on the holdings of others.4 Brother Peter offered seven (...) arguments in favor of the proposal. Before he set each aside, however, he looked at six sections of Exiit qui seminat.5 With Exiit, he said, Pope Nicholas III confirmed all his past Studies as well as the present one.... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:David Hume and the Danish Debate about Freedom of the Press in the 1770sJohn Christian LaursenWhen the reception history of David Hume’s political writings is written, there will have to be some discussion of their fate in “peripheral” countries like Denmark. Hume’s “Of Liberty of the Press” was translated into Danish as early as 1771. It is not widely known that Denmark was the first country officially to declare (...) freedom of the press and that a lively debate broke out once such freedom was declared. Hume’s essay was put to work in that debate. The story of this translation provides insights into the influence of Hume’s ideas in peripheral countries in Europe, and of Denmark in continental European ideas. Among other things, here we have an example of Hume’s work used in a concrete propaganda battle.The Danish translation of Hume’s essay was published as the last of three supplemental essays in a 31-page pamphlet entitled Mr. F. A. de Voltaire’s Letter to His Majesty the King of Denmark concerning freedom of the press in his states, together with some essays of relevant content. 1 A copy can be found at the Royal Library in Copenhagen in volume twenty of the forty-five bound volumes of pamphlets and booklets from 1770 to 1773 which make up Luxdorph’s Collection of Press Freedom Writings. 2 These pamphlets, in German, French, and (mostly) Danish, were collected at the time by Bolle Willum Luxdorph, a Danish man of letters and court counselor. [End Page 167]The occasion for Voltaire’s letter and our pamphlet was King Christian VII’s declaration of freedom of the press in his territories (the Kingdoms of Norway and Denmark and the Duchy of Schleswig-Holstein) on 4 September 1770. It was in the form of a Cabinet Order to his Danish Chancellery, in the following words:We are fully convinced that it is as harmful to the impartial search for truth as it is to the discovery of obsolete errors and prejudices, if upright patriots, zealous for the common good and what is genuinely best for their fellow citizens, because they are frightened by reputation, orders, and preconceived opinions, are hindered from being free to write according to their insight, conscience, and conviction, attacking abuses and uncovering prejudices. And thus in this regard, after ripe consideration, we have decided to permit in our kingdoms and lands in general an unlimited freedom of the press of such a form, that from now on no one shall be required and obliged to submit books and writings that he wants to bring to the press to the previously required censorship and approval, and thus to submit them to the control of those who have undertaken the business until now of inspecting them; so have we graciously revealed and made known this our will concerning our kingdoms to our Danish Chancellery. Given at Friedrichsberg, the 4 September 1770. Christian. 3The foregoing cabinet order was largely the idea of Johann Friedrich Struensee, court physician and soon to be Prime Minister for Christian VII. 4 Less than ten years earlier, two periodicals he was involved with when he lived in Danish Altona had been suppressed, 5 and when he came to power by a series of accidents, one of his first acts was to arrange for the king to declare freedom of the press. [End Page 168]Response to this declaration was immediate. In Denmark it led to a flurry of pamphlets on a myriad of topics, including the high cost of living and the salaries of ministers, 6 monopolies and trade issues (vol. III), coinage (vol. IV), civil servants, the public debt, the agricultural economy (vol. V), the abolition of tenant farmers’ work obligations (vol. VI), the Iceland trade (vol. VII), marriage law, breweries (vol. VIII), banks, lotteries (vol. IX), soldiers’ and sailors’ pay (vol. X), the Norwegian economy (vol. XI), the universities and academies (vol. XII), the power of women (vol. XIII), irreligion and impiety (vol. XIV), prophecies of doom (vol. XV), fables, allegories and libels (vols. XVI–XVIII), and the eternity of hell (vol. XIX).Many pamphlets discussed press freedom... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 3.2 (1996) 139-142 Concurrent Contents: Recent and Classic References at the Interface of Philosophy, Psychiatry, & Psychology Articles Abramowitz, S., C. Abramowitz, C. Jackson et al. 1973. The politics of clinical judgment. Journal of Consulting and Clinical Psychology 41: 385-391.Audi, R. N. 1972. Psychoanalytic explanation and the concept of rational action. The Monist 56: 444- 464.Barondess, J. A. 1979. Disease and illness--a crucial distinction. American (...) Journal of Medicine 66: 375-376.Barrett, R. J. 1988. Interpretations of schizophrenia. Culture, Medicine and Psychiatry 12: 357-388.Bechtel, W. 1993. The case for connectionism. Philosophical Studies 7: 119-154.Belzen, J. A. 1995. The impact of phenomenology on classical psychiatry: Rümke's position between Jaspers and Kraepelin. History of Psychiatry 6: 349-385.Benda, C. E. 1967. Neuroses of conscience. Journal of Existentialism 7: 425-442.Binns, P. 1995. Commentary on "Contentless consciousness." Philosophy, Psychiatry, & Psychology 2: 61-63.Blankenburg, W. 1980. Phenomenology and psychopathology. Journal of Phenomenological Psychology 11: 50-78.Bloomfield, T. M. 1979. Psychoanalysis: A human science? Journal for the Theory of Social Behavior 9: 271-287.Blumenfeld, D. 1972. Free action and unconscious motivation. The Monist 56: 426-443.Boudreaux, G. 1977. Freud on the nature of unconscious mental processes. Philosophy of the Social Sciences 7: 1-32.Bracken, P. J. 1995. Beyond liberation: Michael Foucault and the notion of a critical psychiatry. Philosophy, Psychiatry, & Psychology 2, no. 1: 1-13.Brazier, M. 1995. Commentary on "Who should be committable?." Philosophy, Psychiatry, & Psychology 2, no. 1: 49-50.Bursztajn, J., and A. Brodsky. 1995. Authenticity and autonomy in the managed-care era: Forensic psychiatric perspectives. Journal of Clinical Ethics 5, no. 3: 237-242.Byrnes, J. F. 1979. Suggestions on writing the history of psychological data. History and Theory 16: 297-305.Campbell, E. J., J. G. Scadding, and R. J. Roberts. 1979. The concept of disease. British Medical Journal 2: 757-762.Carveth, D. 1988. In reply to Eagle's reply on "The epistemological foundations of psychoanalysis." Philosophy of the Social Sciences 18: 377-378.Chadwick, R. F. 1995. Commentary on "Karl Jaspers and Edmund Husserl." Philosophy, Psychiatry, & Psychology 2, no. 1: 83-84.Christiansen, B. 1964. The scientific status of psychoanalytic clinical evidence (III). Inquiry 7: 47-79.Davis, M. 1987. Realistic utilitarianism and the social conditions of cognitive psychotherapy. Social Theory & Practice 13: 237-259.Dega, W., et al. 1978. Ethics and mental health: Discussion. Dialectics and Humanism 5: 219-235.Dingle, H. 1949. The logical status of psycho-analysis. Analysis 9: 63-66.Dupeau, J. 1977. Freud and degeneracy. Diogenes Spring: 43-64.Eagle, M. 1988. A reply to Carveth's "The epistemological foundations of psychoanalysis. Philosophy of the Social Sciences 18: 371-375.Elevitch, B. 1974-75. Reasons, motives and psychoanalysis. Philosophical Forum (Boston) 6: 143- 162.Elliot, P. 1995. Policies, identity, and social change: Contested grounds in psychoanalytic feminism. Hypatia 10: 41-55.Fabrega Jr, H. 1980. The position of psychiatric illness in biomedical theory: A cultural analysis. Journal of Medicine and Philosophy 5: 145-168.Fisk, G. 1993. Accreditation of psychotherapists. British Journal of Hospital Medicine 50: 437-438.Flynn, B. G. 1985. Reading Habermas reading Freud. Human Studies 8: 57-76.Forrow, L., R. M. Arnold, and J. Frader. 1991. Teaching clinical ethics in the residency years--preparing competent professionals. Journal of Medicine and Philosophy 16: 93-112.Friedman, M. 1982. Philosophical anthropology and psychotherapy. Philosophical Context 12: 9-19.Galdston, I. 1969. The ontologic foundations of morality. Existential Psychiatry 7: 69-75.Gardner, S. 1995a. Commentary on "Irrationality and the dynamic unconscious." Philosophy, Psychiatry, & Psychology 2, no. 2: 175-176.Gardner, S. 1995b. Psychoanalysis, science, and commonsense. Philosophy, Psychiatry, & Psychology 2, no. 2: 93-113.Handelsman, M. M. et al. 1995. Does legally mandated consent to psychotherapy ensure ethical appropriateness? The Colorado experience. Ethics and Behavior 5, no. 2: 119-129.Hanlon, M. D. 1977. Commentary on Dunham's "Psychiatry, Sociology and Civil Liberties." Values and Ethics in Health Care 2: 275-278.Heaton, J. M. 1972. Insight in... (shrink)

Books reviewed:John Barton and John Muddiman, The Oxford Bible CommentaryLuke Timothy Johnson and William S. Kurz, The Future of Catholic Biblical Scholarship: A Constructive ConversationDavid R. Bauer, An Annotated Guide to Biblical Resources for MinistryDavid Martin, John Orme Mills and W. S. F. Pickering, Sociology and Theology: Alliance and ConflictRichard K. Fenn, The Return of the Primitive: A New Sociological Theory of ReligionJoseph Blenkinsopp, Treasures Old and New: Essays in the Theology of the PentateuchJohn Jarick, 1 ChroniclesMartin (...) Hengel, The Septuagint As Christian Scripture: Its Prehistory and the Problem of Its CanonTricia Gates Brown, Spirit in the Writings of John: Johannine Pneumatology in Social‐Scientific PerspectiveFrederick H. Cryer and Thomas L. Thompson, Qumran between the Old and New TestamentOtto Kaiser, The Old Testament Apocrypha: An IntroductionDavid A. deSilva, Introducing the Apocrypha: Message, Context, and SignificanceMarie E. Isaacs, Reading Hebrews and James: A Literary and Theological CommentaryUwe Michael Lang, Turning Towards the Lord: Orientation in Liturgical PrayerWendy E. Sproston North, The Lazarus Story within the Johannine TraditionAlan Kreider, The Origins of Christendom in the WestBernard Hamilton, The Christian World of the Middle AgesH. E. J. Cowdrey, Pope Gregory VII, 1073–1085G. R. Evans, The Medieval Theologians: An Introduction to Theology in the Medieval PeriodNicholas Vincent, The Holy Blood: King Henry III and the Westminster Blood RelicRichard Dutton, Alison Findlay and Richard Wilson, Theatre and Religion: Lancastrian ShakespeareHoward Kreisel, Prophecy: The History of an Idea in Medieval Jewish PhilosophyHeinz Halm, Shi'ism Carl W. Ernst, Rethinking Islam in the Contemporary WorldMark D. Meyerson and Edward D. English, Christians, Muslims, and Jews in Medieval and Early Modern Spain: Interaction and Cultural ChangeBruce Masters, Christians and Jews in the Ottoman Arab World: The Roots of SectarianismMatthew Dillon, Girls and Women in Classical Greek ReligionJane E. A. Dawson, The Politics of Religion in the Age of Mary, Queen of Scots: The Earl of Argyll and the Struggle for Britain and IrelandSteven Nadler, Spinoza: A LifeDabney Townsend, Hume's Aesthetic Theory: Taste and SentimentImmanuel Kant, Theoretical Philosophy after 1781Felicity McCutcheon, Religion Within the Limits of Language Alone: Wittgenstein on Philosophy and ReligionEmyr Vaughan Thomas, Wittgensteinian Values: Philosophy, Religious Belief and Descriptivist MethodologyTerry Nardin, The Philosophy of Michael OakeshottKirk Ludwig, Donald DavidsonMartin Heidegger, Off the Beaten TrackFrank Lambert, ‘Pedlar in Divinity’: George Whitefield and the Transatlantic RevivalsDeclan Marmion, A Spirituality Of Everyday Faith: A Theological Investigation of the Notion of Spirituality in Karl RahnerHugh Rayment‐Pickard, Impossible God: Derrida's TheologyJoseph Pearce, Old Thunder: A Life of Hilaire Belloc. (shrink)

Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what sort (...) of forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)