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

How do we judge whether we should be willing to follow the views of experts or whether we ought to try to come to our own, independent views? This book seeks the answer in medieval philosophical thought. In this engaging study into the history of philosophy and epistemology, Peter Adamson provides an answer to a question as relevant today as it was in the medieval period: how and when should we turn to the authoritative expertise of other (...) people in forming our own beliefs? He challenges us to reconsider our approach to this question through a constructive recovery of the intellectual and cultural traditions of the Islamic world, the Byzantine Empire, and Latin Christendom. Adamson begins by foregrounding the distinction in Islamic philosophy between taqlid, or the uncritical acceptance of authority, and ijtihad, or judgment based on independent effort, the latter of which was particularly prized in Islamic law, theology, and philosophy during the medieval period. He then demonstrates how the Islamic tradition paves the way for the development of what he calls a "justified taqlid," according to which one develops the skills necessary to critically and selectively follow an authority based on their reliability. The book proceeds to reconfigure our understanding of the relation between authority and independent thought in the medieval world by illuminating how women found spaces to assert their own intellectual authority, how medieval writers evaluated the authoritative status of Plato and Aristotle, and how independent reasoning was deployed to defend one Abrahamic faith against the other. This clear and eloquently written book will interest scholars in and enthusiasts of medieval philosophy, Islamic studies, Byzantine studies, and the history of thought"-- Back cover. (shrink)

Aristotle's Nicomachean Ethics had a profound influence on generations of later philosophers, not only in the ancient era but also in the medieval period and beyond. In this book, Anthony Celano explores how medieval authors recast Aristotle's Ethics according to their own moral ideals. He argues that the moral standard for the Ethics is a human one, which is based upon the ethical tradition and the best practices of a given society. In the Middle Ages, this human standard (...) was replaced by one that is universally applicable, since its foundation is eternal immutable divine law. Celano resolves the conflicting accounts of happiness in Aristotle's Nicomachean Ethics, demonstrates the importance of the virtue of phronesis, and shows how the medieval view of moral reasoning alters Aristotle's concept of moral wisdom. (shrink)

A much-maligned feature of ancient and medieval political thought is its tendency to appeal to nature to establish norms for human communities. From Aristotle's claim that humans are "political animals" to Aquinas' invocation of "natural law," it may seem that pre-modern philosophers were all too ready to assume that whatever is natural is good, and that just political arrangements must somehow be natural. The papers in this collection show that this assumption is, at best, too crude. From very early, (...) for instance in the ancient sophists' contrast between nomos and physis, there was recognition that political arrangements may be precisely artificial, not natural, and it may be questioned whether even such supposed naturalists as Aristotle in fact adopt the quick inference from "natural" to "good." The papers in this volume trace the complex interrelations between nature and such concepts as law, legitimacy, and justice, covering a wide historical range stretching from Plato and the Sophists to Aristotle, Hellenistic philosophy, Cicero, the Neoplatonists Plotinus and Porphyry, ancient Christian thinkers, and philosophers of both the Islamic and Christian Middle Ages. (shrink)

Aristotle earns the distinction of having put forward the first comprehensive philosophical theory of justice. After the end of the antique world, St. Thomas Aquinas was the first philosopher and theologian to return to Aristotle’s theory of the just. Not only did he do so with the requisite systematic precision; he also developed a new philosophical interpretation of justice. In the present article I shall outline, with the brevity expected of me here, the fundamentals of Aristotle’s theory of justice. This (...) will be followed by a summary of the core aspects of Aquinas’s notion of justice, whose grounding in normative reason will be identified in Aquinas’s treatise on law and political theory, and explicated accordingly. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:716 BOOK REVIEWS phies for each section (20 in all); (2) the summaries of major conclusions at the end of many chapters; (2) the explanations of how one body of texts (or its traditions) has been re-read (i.e., re-worked) by later texts; and (4) how one body of texts (e.g., the Psalms), provides for understanding a certain perspective other parts of the Old Testament (e.g., the Pentateuch). Some shortcomings (...) are evident. He relies heavily on the prophets for guiding insights, while law, priesthood, temple, and blessing play minor roles. Is this really faithful to the canonical shape of the Old Testament in its pre-Christian witness~ I find particularly inadequate the treatment of purity laws (p. 86) and priestly roles (pp. 150-53), and suspect the author needs to apply a hermeneutics of suspicion to his own Protestant presuppositions! In a similar way, the decalogue gets extended attention because Childs sees its theology as relevant to modern questions of violence, war, etc.; but he never seriously wrestles with those counter-passages whose theology encourages a divine warrior or a conquest motif. A similar problem arises when he ends the book with the theme of "Life under Promise." This is a judicious choice for the summarizing theme of the Old Testament and includes treatment of judgment versus salvation,.eschatology, messianic hope, the promise of the land, and eternal life. But it lacks any reference to liturgy and temple as symbols of hope, the book of the law, or the commandments of Torah, and no mention at all of the " blessing " theology of P that informs the whole Old Testament from Genesis 1 onwards. Clearly Childs has begun an important project, but much more clarity and balance is still needed in his continuing work during the years ahead. Washington Theological Union Silver Spring, Maryland LAWRENCE BOADT, C.S.P. Divine Omniscience and Omnipotence in Medieval Philosophy: Islamic, Jewish and Christian Perspectives. Edited by TAMAR RUDAVSKY. Dordrecht, Boston, Lancaster: D. Reidel Publishing Co., 1985. Pp. ix + 299. $54 (cloth). Since this book originated from revised papers and commentaries presented at a conference (held at the Ohio State University on March 3 and 4, 1982.), it is not surprising to find that the completed edition displays wide variety both in its subject matter and in the quality of the chapters. The chapters reflect the quality of papers very often presented at conferences -some are excellent, others are not. In addition, some chapters deal BOOK REVIEWS 717 with problems and solutions which help significantly to advance medieval scholarship, while the problems and solutions raised in other chapters do. not add much to medieval research; indeed, some chapters seem to present arguments lacking both in plausibility and in an understanding of the dominant spirit of medieval thought. The book is divided into three specific parts which deal with Islamic, Jewish, and Christian authors respectively, and the chapters in each part are arranged in historical order. There is also an introduction and an extensive bibliography. In chapter 1, Calvin Normore gives a helpful, but tediously written, introduction and overview of the logical and epistemological problems which were involved in medieval discussions of divine omniscience and omnipotence. Chapter 2 focuses upon Boethius's account of the nature of contingency, and adopts a view which i;e:fl.ects a misunderstanding both of Boethius and of the theological spirit of medieval thought in general. Ignoring sage comments from Richard Sorabji (see p. 49, footnote 68), Norman Kretzmann argues that for Boethius free human choice is the source of all contingency. How the Christian, Boethius, could so badly confuse human choice with divine choice, Kretzmann fails to explain. Chapters 3-6 constitute Part Two of the text and contain some of the most scholarly research in the book. In chapters 3 and 4, Josef Van Ess, rightly noting the juridical foundations of Mu'tazilite thought, examines wrongdoing and divine omnipotence in the fragmentary work of Abu Ishaq An-Nazzam. His discussion is particularly helpful in its treatment of the Islamic understanding of God as not physei agathos, but good merely by doing what is good. This understanding is a necessary element for any sound grasp... (shrink)

A detailed study of the moral philosophy of medieval Jewish thinkers Saadia Gaon, Bahya ibn Pakuda, and Moses Maimonides. Jon Jacobs emphasizes their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with contemporary moral philosophy.

This volume contains 14 studies on various aspects of Duns Scotus' philosophy. Duns Scotus is one of the most important philosophers of the Middle Ages. His radical conception of contingency means a break in the history of thought. Despite his importance, he has not yet been studied very much. The contributors to the volume discuss a.o. Duns' view on will and intellect, on the law of nature, on man, and on aspects of his logic and metaphysics.

Reveals the diverse ways that cognition was seen as spread over brain, body and world in the 9–17th centuries - The second book in an ambitious 4-volume set looking at distributed cognition in the history of thought - Includes essays on literature, philosophy, law, art, music, medicine, science and material culture - For students and scholars in medieval and Renaissance studies, cognitive humanities and philosophy of mind - Draws out what was distinctive about medieval and Renaissance (...) insights into (and superstitions about) the cognitive roles of the body and environment - Examines how humanities topics are affected by new insights from the cognitive sciences This collection explores how medieval and Renaissance practices and ideas reveal the expression (and suppression) of cognition as distributed across brain, body and world. As many of the texts and practices have influenced later Western European societies and cultures, this book reveals vital stages in the historical development of our attempts to comprehend and optimise the distributed nature of cognition. (shrink)

Jon Jacobs emphasises their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with ...

This book is an introduction to debates in philosophy within the medieval Islamic world. It discusses a number of themes which were controversial within the philosophical community of that period: the creation of the world out of nothing, immortality, resurrection, the nature of ethics, and the relationship between natural and religious law. The author provides an account of the arguments of Farabi, Avicenna, Ghazali, Averroes and Maimonides on these and related topics. His argument takes into account the significance (...) of the conflict between faith and reason, religion and philosophy. The book sets out to show how interesting these philosophical debates are, and criticizes the view that these arguments are of no more than historical interest. (shrink)

... Abu Hamid al-Ghazall enumerates twenty questions upon which he contends the philosophers have formulated heretical theories against which the Muslim ...

From the ninth to the fifteenth centuries Jewish thinkers living in Islamic and Christian lands philosophized about Judaism. Influenced first by Islamic theological speculation and the great philosophers of classical antiquity, and then in the late medieval period by Christian Scholasticism, Jewish philosophers and scientists reflected on the nature of language about God, the scope and limits of human understanding, the eternity or createdness of the world, prophecy and divine providence, the possibility of human freedom, and the relationship between (...) divine and human law. Though many viewed philosophy as a dangerous threat, others incorporated it into their understanding of what it is to be a Jew. This Companion presents all the major Jewish thinkers of the period, the philosophical and non-philosophical contexts of their thought, and the interactions between Jewish and non-Jewish philosophers. It is a comprehensive introduction to a vital period of Jewish intellectual history. (shrink)

Journal of Religious Ethics, Volume 49, Issue 4, Page 638-656, December 2021.

Accounting for the Commandments in Medieval Judaism explores the discursive formation of the commandments as a generative matrix of Jewish thought and life in the posttalmudic period. Each study sheds light on how medieval Jews crafted the commandments out of theretofore underdetermined material. By systematizing, representing, or interrogating the amorphous category of commandment, medieval Jewish authors across both the Islamic and Christian spheres of influence sought to explain, justify, and characterize Israel's legal system, divine revelation, the cosmos, (...) and even the divine order. This volume correlates bodies of knowledge-such as jurisprudence, philosophy, ethics, pietism, and kabbalah-that are normally treated in isolation into a single conversation about a shared constitutional concern. (shrink)

"This work deals wth three main topics: a. Maimonidean studies, b. aspects of medieval rabbinic literature, and c. intellectual history of the Jews in southern France (Provence) during the Middle Ages."--Back cover.

In this paper I challenge the notion that medieval philosophy was characterized by strict adherence to authority. In particular, I argue that to the contrary, self-consciously critical reflection on authority was a widespread intellectual virtue in the Islamic world. The contrary vice, called ‘taqlīd’, was considered appropriate only for those outside the scholarly elite. I further suggest that this idea was originally developed in the context of Islamic law and was then passed on to authors who worked within (...) the philosophical tradition. (shrink)

According to both contemporary intuitions and scholarly opinion, autonomy is something specifically modern. It is certainly taken to be incompatible with religions like Islam and Judaism, if these are invested with political power. Both religions are seen as centered on a divine Law (sharî'a, viz., torah) which prescribes what we may and may not do, promising reward for obedience and threatening punishment for disobedience. Not we, but God makes the rules. This picture is in important ways misleading. There is, I (...) argue, a substantive intellectual tradition, going back to Plato's Laws, which takes the purpose of a theocracy—a community governed by God through the intermediary of a divine Law—to be promoting rational autonomy, conceived as (1) the ability to rationally determine what is in one's best interest and (2) having the motivation to live accordingly.Among the most important representatives of this intellectual tradition are medieval Muslim and Jewish philosophers. (shrink)

Ethics was a central preoccupation of medieval philosophers, and medieval ethical thought is rich, diverse, and inventive. Yet standard histories of ethics often skip quickly over the medievals, and histories of medieval philosophy often fail to do justice to the centrality of ethical concerns in medieval thought. This volume presents the full range of medieval ethics in Christian, Islamic, and Jewish philosophy in a way that is accessible to a non-specialist and reveals the (...) liveliness and sophistication of medieval ethical thought. In Part I there is a series of historical chapters presenting developmental and contextual accounts of Christian, Islamic, and Jewish ethics. Part II offers topical chapters on such central themes as happiness, virtue, law, and freedom, as well as on less-studied aspects of medieval ethics such as economic ethics, the ethical dimensions of mysticism, and sin and grace. This will be an important volume for students of ethics and medieval philosophy. (shrink)

An important aspect of the contemporary controversies over John Calvin’s natural law doctrine has been his relation to the medieval natural law inheritance. This paper attempts to put Calvin in better context through a detailed examination of his ideas on natural law, in comparison with those of Thomas Aquinas. I argue that significant points of both similarity and difference between them must berecognized. Among important similarities, I highlight their grounding of natural law in the divine nature and the relationship (...) of natural to civil law. Among important differences I note issues of participation, conscience, and the two kingdoms doctrine. Calvin resides in the same broad tradition of natural law as Thomas Aquinas, although he represents a somewhat different strand of it. (shrink)

The studies comprising this volume, most of them appearing for the first time in English, deal with some of the main topics in Maimonides? philosophy and that of his followers in Provence. At the heart of these topics lies the issue of whether they adopted a completely naturalistic picture of the workings of the world order, or left room for the volitional activity of God in history. These topics include divine law, creation, the Account of the Chariot, prophet and (...) sage, Mosaic prophecy, reasons for the commandments, and prayer. Special attention is paid to three lesser known but highly significant Provenȧl Jewish thinkers: Moses Ibn Tibbon, Levi ben Avraham, and Nissim ben Moses of Marseille. (shrink)

The article investigates the role of symbolic means of knowledge representation in concept development using the historical example of medieval diagrams of change employed in early modern work on the motion of fall. The parallel cases of Galileo Galilei, Thomas Harriot, and René Descartes and Isaac Beeckman are discussed. It is argued that the similarities concerning the achievements as well as the shortcomings of their respective work on the motion of fall can to a large extent be attributed to (...) their shared use of means of knowledge representation handed down from antiquity and the Middle Ages. While the interpretation of medieval diagrams was unproblematic in the scholastic context from which they arose, in the early modern context, which was characterized by the confluence of natural philosophy and practical mathematics, it became ambiguous. It was the early modern mathematicians’ work within this contradictory framework that brought about a new conceptualization of motion which, in particular, eventually led to an infinitesimal concept of velocity. In this process, the diagrams themselves remained largely unchanged and thus functioned as a catalyst for concept development. (shrink)

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

An unprecedented multi-volume reference work on philosophy of religion, providing authoritative coverage of all significant concepts, figures, and movements Unmatched in scope and depth, The Encyclopedia of Philosophy of Religion provides readers with a well-balanced understanding of philosophical thought about the nature of Buddhism, Christianity, Hinduism, Islam, Judaism, and other religious traditions around the globe. Spanning across four comprehensive volumes, this groundbreaking resource contains hundreds of specially commissioned entries covering the key themes, thinkers, works, and ideas in the (...) field. Organized alphabetically, the Encyclopedia addresses an unmatched range of both historical and contemporary topics which reflect a diversity of theoretical and cultural perspectives. The entries encompass an extraordinary range of topics, from Aquinas and Kierkegaard, to teleological and ontological arguments, to cognitive science and psychology of religion, and many more. Each peer-reviewed entry is written by an acknowledged expert on the topic and includes short bibliographies, suggestions for further reading, and extensive cross-references. Accessible to scholars and non-specialist readers alike, this invaluable reference work: Provides balanced coverage of Abrahamic religions as well as different traditions from Asia, Africa, and other geographic regions Presents more than 450 entries which have been carefully reviewed by an editorial advisory board of world-renowned scholars Explores topics in various historical contexts, such as Jewish and Islamic contributions to medieval philosophy Discusses recent developments and new approaches to the study of philosophy of religion Examines significant theories and concepts including free will, atonement, moral argument, natural law, process theology, evolutionary theory, and theism Offers a fully cross-referenced and searchable online edition The first work of its kind, The Encyclopedia of Philosophy of Religion is an indispensable resource for scholars and advanced students in philosophy, theology, religious studies, and relevant areas of humanities and sciences at both secular universities and theological colleges and seminaries. (shrink)

The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the (...) history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there 'medieval' answers to 'modern' questions? is the modern world still working its way through the Middle Ages? to what extent is the 'modern outlook' genuinely secular? is there a 'theology' of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory.. (shrink)

Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of (...) each of the four sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 585-587 [Access article in PDF] Chumaru Koyama, editor. Nature in Medieval Thought: Some Approaches East & West. Studien und Texte zur Geistesgeschichte des Mittelalters. Leiden: Brill, 2000. Pp. xiv + 183. Cloth, $65.00. The subtitle of this volume is misleading. The Japanese scholars represented (Koyama, Y. Iwata, and B. R. Inagaki) were all trained in Western medieval (...) class='Hi'>philosophy and are highly respected medievalists. None of the Western contributors is an expert on Eastern philosophy. Even readers familiar with Japan will be hard pressed to find anything characteristically Eastern in any of the contributions.In the forward provided by the editor and in a preface written by W. Kluxen, we are informed that the volume was the product of two international conferences. Western [End Page 585] and Eastern experts on medieval philosophy were assembled to discuss the problem of "how each human being and humanity as a whole will handle nature in the future" (viii). Both Koyama and Kluxen assume that medieval Europeans conceived essential features of the understanding of "nature" now common to the whole world.Judging from the essays in the book, we conclude that the volume represents a beginning. There are connections between some of the essays, but the question remains: can the medieval view of nature offer us guidance on how to deal with our environmental crises? In general, one might expect a congenial relationship between ancient Western organic views and Japanese intuitions about nature. Nevertheless, compromise characterizes technological decision-making in both cultures. The challenge posed by radical environmentalists is the adequacy altogether of anthropocentric environmental ethics to save the planet.The essay by Iwata offers an interpretation of natural teleology that is compatible with mechanism and hypothetical necessity. Iwata suggests that art that pursues its own ends and not as an imitation of nature can be the source of environmental crises. Two papers by Kluxen on ethics, nature, and natural law acknowledge major transformations in the Middle Ages, and the challenge he poses is how to reintegrate reason and nature. K. Riesenhuber challenges recent accounts that claim to find in some twelfth-century authors an autonomous interest in nature. While nature as a discipline did not achieve autonomy in the twelfth century, Riesenhuber detects the stirrings of independence, but knowledge of nature remained subordinate to knowledge of God. L. Honnefelder suggests that guidance for our treatment of nature may lie in developing new models for the combination of the Platonic technomorphic with the Aristotelian biomorphic paradigm. Inagaki's paper on original sin and human nature adopts a stance that conforms to the Judeo-Christian tradition of the human break with nature. Whatever the source of that disintegration, the problem described in this way requires first a healing of human nature. The paper by M. M. Adams considers John Duns Scotus's revision of final causality. Scotus distinguished between the perfection of the being that a thing constitutes and the explanatory function of that achievement. On this account, Scotus revised the analysis to secure one sense in which Goodness explains being. The paper provides an example of the sorts of transformations in the medieval view suggested by several of the other contributors.C. Steel's paper questions the assumptions about the connection between medieval and modern conceptions of nature. Steel adopts a more comprehensive historical perspective. Flawed by its selective reliance on secondary literature, the paper nonetheless represents an important effort to understand our current dilemma from a historical perspective. Steel challenges L. White, Jr.'s now famous claim about the Christian roots of our ecological crisis. Steel overlooks White's appeals to Christian traditions at variance with Christian dualism and to the use of the Bible in the seventeenth century to sanction the study of science as a means to master nature. Steel takes up the vexed question of continuity or discontinuity between medieval philosophy of nature and seventeenth-century science. In the end Steel falls on the side of continuity, yet in a way that can be expressed only dialectically! That is to say, medieval commentaries on... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Weeds: Cultivating the Imagination in Medieval Arabic Political PhilosophyMichael S. KochinAny reader of Plato’s dialogues in their entirety feels the constant tug of two very different solar motions. In the Laws the young field-legates (agronomoi) of the city move in a twelve-month cycle through each of the divisions of the city’s territory (Laws 760) in obedience to the law and the gods of the city. Socrates, too, moves (...) through the city, questioning each citizen about the beliefs concerning the virtues implanted by the city’s laws and myths. Socrates, like the field-legates, moves in “obedience” to the command of the sun-god Apollo, a command that Socrates claims to have received through the god’s oracle at Delphi.1 To live in the light of the sun of reason is only possible within a city totally ordered in imitation of heavenly order—so speaks the Laws.2 To follow the sun is to move in opposition to the shadows of artificial light that dominate all actual and even possible cities—so speaks the Apology and, more explicitly, the Republic.Our learned prejudices about these two solar motions lead us to divide Plato’s thought into periods of composition. Socratic heliotropy belongs to the dialogues of Plato’s earlier period, especially the earliest, the Apology, scholars believe; the city itself in seasonal motion belongs to the dialogues of Plato’s later period, and especially the latest, his Laws. The Republic, which describes the best city as an artificially lighted cave, whose inhabitants ought nonetheless to be ruled by the philosopher-king who has, at least momentarily, seen the sun, belongs to Plato’s middle period. [End Page 399]Whatever the merits of this family of readings as interpretations of Plato, 3 they use a scholar’s device to avoid coming to terms with a genuine tension. The two modes of solar motion represent two different modes of relating philosophy to politics, even under their modern guises of theory and practice. Either the philosopher is to bring the political into rational order, or he is to bring his own life into rational order against the disorders and deliberate confusions of the political. Either the philosopher is to weed the fields of the city of disorderly weeds, or he himself is a weed or, more politely, a wildflower, pushing up toward the sun through the broken asphalt of politics.Plato himself seems to resolve this tension by distinguishing between the philosopher’s duties in the best city and in other cities. As Socrates says in the Republic:Observe, then, Glaucon, that we won’t be doing injustice to the philosophers who grow up among us, but we will say just things to them, when we compel them to care and guard for the others. For we will say that those who are of their sort who grow up in the other cities fittingly do not share in the labors therein. For they grew in them spontaneously though the regime in each did not intend it, and the spontaneously grown has a just claim not to be eager to repay the cost of its nurture to anybody, since it owes [its] nurture to nobody. But you we reared up, just as in hives, as leaders and kings for yourselves and the rest of the city, and you have been educated better and more perfectly than those and are more able to have a share of both [philosophy and rule]. Each of you must then go down in turn to the common dwelling of the others and accustom yourself to the shadows there. For when you are accustomed, you will see in a myriad ways better than those there, and you will know the images, that they are images and of what they are images, on account of your having seen the true things that concern the beautiful, the just and the good. 4Yet Plato’s Socrates availed himself only partially of the just claim of the philosopher in an actual city that contributed nothing to his nurture. While Socrates took only a minimal part in the official business of the city, he never hesitated to [End... (shrink)

The essays in this volume constitute a series of investigations into the limitations on thought and power as conceived by thinkers in the medieval West and they draw on material ranging from law to literature. The author deals with limits on the human desire for knowledge, the passion with which knowledge could legitimately be pursued, and the propriety of the knowledge sought, as well as the limits that might be tolerable and tolerated in the case of royal incapacity or (...) misbehaviour. One particular focus is the work of Dante Alighieri, and these ideas are traced across a wide range of his thought. Chronologically the essays run from Augustine and the Gnostics through to Shakespeare. (shrink)

There are varying opinions about whether or not the field of business ethics has a history or is a development of more modern times. It is suggested that a book by a Dominican Friar, Johannes Nider, De Contractibus Mercatorum, written ca. 1430 and published ca. 1468 provides a basis for a history of over 500 years. Business ethics grew out of attempts to reconcile Biblical precepts, canon law, civil law, the teachings of the Church Fathers, and the writings of early (...) philosophers with the realities of expanding economic activity. Nider's background is discussed as well as his book as an example of incunabula.Nider was one of the Scholastics who provided a link between Aristotle and later Reformation thinkers. In Nider we find caveat venditor as his moral guide to merchants as well as other surprisingly modern ideas such as justice in exchange; restitution for defective goods; the market as the final arbiter of value; and the importance of creating utility in products. (shrink)

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and (...) Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science. (shrink)

This essay argues that Robert Grosseteste’s Latin translation of Aristotle’s passage on natural justice was philosophically determinant for its medieval reception. By altering the passage, Grosseteste allowed for a reconciliation of prima facie opposing views on natural law, namely: On one hand, the Ciceronian-Stoic and Augustinian-Neoplatonic idea that natural law is primarily immutable; and on the other, Aristotle’s claim that all things that are naturally just are subject to change. Focusing on Albert the Great’s first commentary on the Nicomachean (...) Ethics, and on Thomas Aquinas’s Sententia libri ethicorum, the paper shows that several distinctions made by these authors, which account for a restricted description of how naturally just things can change, were allowed and suggested by Grosseteste’s alterations of the passage. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

The purpose of this article is to a%empt to provide a more precise answer to the question of Paul Vladimiri’s account of the concept of permissive natural law. This purpose is realized in two steps. First, a brief history of permissive natural laws in the tradition of medieval philosophy is discussed, and the historical context, in which Paul Vladimiri developed his theory of natural law, is outlined. Next, some excerpts from Vladimir’s writings are analysed, in which he uses (...) phrases indicating the presence of the concept of permissive law in his philosophy. (shrink)

Francesca Albertini's voluminous study, Die Konzeption des Messias bei Maimonides und die fruehmittelalterliche islamische Philosophie, wishes to put a fresh emphasis on the link between Maimonides' concept of the Messiah and his ideal of the leader as a political figure. For Maimonides, Albertini argues, the arrival of the Messiah will be realized only through human effort and appropriate behavior: it is man who bears responsibility for this event through his moral actions. The Messiah, on the other hand, as the leader (...) of the community, seeks to implement the new order in society through which Divine Law will be established and followed precisely. Hence, the Messiah's arrival is not an apocalyptic, eschatological .. (shrink)

The author attempted to present the development of legal theories through early & medieval philosophical history.

The Presumption of Innocence: an Antidote for Sacrificial Venom? Patterns of Girard’s ‘Primitive’ Sacred in Late Medieval and Early Modern Criminal Law This paper interprets the presumption of innocence as a conceptual antidote for sacrificial tendencies in criminal law. Using Girard’s philosophy of scapegoat mechanisms and sacrifice as hermeneutical framework, the consanguinity of legal and sacrificial order is explored. We argue that some legal concepts found in the ius commune’s criminal system (12th-18th century), like torture, infamy, or punishment (...) for mere suspicion, are affiliated with scapegoat dynamics and operate, to some extent, in the spirit of sacrifice. By indicating how these concepts entail more or less flagrant breaches of our contemporary conception of due process molded by the presumption of innocence, an antithesis emerges between the presumption of innocence and sacrificial inclinations in criminal law. Furthermore, when facing fundamental threats like heresy, the ius commune’s due process could be suspended. What emerges in this state of exception allowing for swift and relentless repression, is elucidated as legal order’s sacrificial infrastructure. (shrink)

In this article we present a dissertation on the limits of law and morality, a topic of supreme importance for the Philosophy of Law and the real cape horn or the storms of Science and Legal Philosophy, where so many systems, when trying to overcome it and perhaps save the previous ones, have been shipwrecked. Our aim is to expose the historical development of this relationship from ancient, medieval and modern age, to give an account of how (...) the Krausist legal philosophy was interwoven in this context and how it has given answers that have left interesting results of great validity in the field of legal philosophy. Finally, we expose some of the topics that the philosophy of law opened to the juridical discussions of its time, and which were enormously original and precursors of what still is being debated today in the areas of Philosophy of Law and Political Philosophy. (shrink)