This book addresses a wide range of topics relating to the properties and behavior of condensed matter under extreme conditions such as intense magnetic and electric fields, high pressures, heat and cold, and mechanical stresses. It is divided into four sections devoted to condensed matter theory, molecular chemistry, theoretical physics, and the philosophy and history of science. The main themes include electronic correlations in material systems under extreme pressure and temperature conditions, surface physics, the transport properties of low-dimensional electronic systems, (...) applications of the density functional theory in molecular systems, and graphene. The book is the outcome of a workshop held at the University of Catania, Italy, in honor of Professor Renato Pucci on the occasion of his 70th birthday. It includes selected invited contributions from collaborators and co-authors of Professor Pucci during his long and successful career, as well as from other distinguished guest authors. (shrink)

Logica Magna Part 1 Fasc 1 Tractatus de Terminis.

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: (...) A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship with (...) contemporary Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)

The article analyses in detail, for the first time amongst the philosophical literature on Pererius, the “magna disceptatio” on the distinction, in every creature, between essence and existence as it arises in his work De communibus omnium rerum naturalium principijs et affectionibus. The Jesuit philosopher criticizes the opinion of the Thomists, whom were defending the distinctio realis between essence and existence. His reasoning strategy presents seven arguments against the distinctio realis and five argued answers to the Thomists’ arguments. The (...) interest of Pererius’ discourse lies, firstly in the application of this centuries-old question on theological issue of transubstantiation which was a thorny problem of Reformation and Counter-Reformation; secondly, in calling into question the relationship between the Thomist’s position and Aquinas’ position about the distinctio realis on the basis of affinity of their posi.. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be (...) apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

There is no clear consensus among scholars about the authenticity of the Magna Moralia. Here I present a new case for thinking that the work was composed by a later Peripatetic, and is not, either directly or indirectly, the work of Aristotle. My argument rests on an analysis of the author’s usage of ἐνέργεια, which is a fruitful way to investigate the date of the work: the term was apparently coined by Aristotle but in later antiquity came to be (...) used in ways inconsistent with Aristotle’s own usage. I argue that in several passages from the Magna Moralia the term is used in this distinctively late sense and that it is not plausible to think that this innovation could have occured in Aristotle’s own lifetime or shortly thereafter. (shrink)

Dans L’Histoire d’Angleterre, Hume consacre de nombreuses pages aux événements qui conduisirent à la rédaction de la Grande Charte et aux remous qui en résultèrent. Certes, il ne s’agit pas de faire de ce texte une sorte de contrat qui aurait régi la vie politique anglaise pendant plus de cinq siècles. La conception contractualiste que les Whigs ont de l’histoire ne saurait tirer argument d’un tel document ; mais l’événement ne fut tout de même pas sans conséquences ; et il (...) se pourrait même que la vie politique, économique, sociale de l’Angleterre ait été davantage changée en profondeur par ce document que celle des Français par les rideaux de fumée dont Bentham fut le témoin lors de la rédaction des diverses Déclarations des droits de l’homme par les révolutionnaires français à partir de 1789. Jusqu’à la fin de sa vie, Bentham, qui n’est ni anti-républicain, ni anti-démocrate, comme a pu l’être Hume, prend au sérieux le texte de la Magna Carta dans laquelle il voit, mutatis mutandis, une sorte de modèle selon lequel les lois qui accordent les libertés pourraient être garanties aux citoyens : sans les fioritures ni la grandiloquence françaises, mais avec le maximum de précision qu’il convient d’accorder à leur rédaction. Le chiasme est étonnant : Hume est plus prompt que Bentham à dénoncer les fictions de la Grande Charte et de l’usage qu’il est possible d’en faire, alors que le spécialiste des fictions, voit dans la Grande Charte - qu’il aurait tout lieu de dénoncer à la suite de Hume - une source d’inspiration non négligeable pour écrire sérieusement des lois. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are (...) governed. These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies (...) the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health. (shrink)

One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document (...) signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia. (shrink)

This article reconsiders the historical and typological relation between Greek maturation rituals and Greek mystery religion. Particular attention is given to the word κλεινός (‘illustrious’) and its ritual uses in two roughly contemporary Late Classical sources: an Orphic-Bacchic funerary gold leaf from Hipponion in Magna Graecia and Ephorus’ account of a Cretan pederastic age-transition rite. In both contexts, κλεινός marks an elevated status conferred by initiation. (This usage finds antecedents in Alcman'sPartheneia.) Without positing direct development between puberty rites and (...) mysteries, the article argues on the basis of shared vocabulary and other ritual elements that age-transitions influenced the ideology of mystery cults. It is further claimed that puberty rites and mysteries performed similar functions in their respective social contexts, despite obvious differences of prestige and visibility. Age-transition rites have been analysed in Bourdieu's terms as ‘rites of institution’, in which young elites were publicly affirmed in civic roles: private mysteries can be described in analogous but opposed terms as rites of ‘counter-institution’, in which familiar ritual language and symbols of elite status were used to construct an alternative ‘imagined community’ of mystery initiates. (shrink)

The essay deals with Aquinas’theory of person, focusing especially on the relevance of this qualification in Saint Thomas’ theory of the «spiritual substances», on his rejection of Platonism and on his peculiar use of the Neoplatonic hierarchy of the intellecitve substances. We especially stress that Aquinas’functionalist theory of person places the concept of «dignity» as the ultimate foundation of rationality, understanding the latter as a specific assignement and a specific responsibility in the order of Creation.

This volume contains a critical edition and English translation of the Latin text of the twenty-second treatise of part 1 of Paul of Venice's Logica Magna, De Scire et dubitare, "On Knowing and Being Uncertain." The issue of the treatise is "whether something known by someone is uncertain to him or not known to him". Paul of Venice presents about thirty arguments aimed at showing that indeed there are propositions that one both knows and is uncertain about. Let us (...) take a look at the first three arguments. (shrink)

Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms of 1215, the Law on Rights of 1689, the Declaration of Independence of the United States of America and the Declaration of the Rights of Man and Citizen. In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state interference. (...) Today, implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights. (shrink)

Quia inter doctores est magna dissentio (Université de Parme, 17-18 mai 2002) Au cours de ces dernières années, les études sur la philosophie naturelle au XIVe siècle se sont multipliées, modifiant profondément la vision traditionnelle d'un siècle marqué par le nominalisme d'Ockham et de J. Buridan. L'UMR « Savoirs et Textes » et l'Université de Parme (J.Celeyrette et S.Caroti) ont donc pris l'initiative d'organiser les 17 et 18 mai 2002 à l’Université de Parme un colloque international.

"Dans l'Antiquité grecque et romaine, la voix occupe une place éminente. Phénomène d'abord acoustique, elle se diffracte dans les nombreux domaines où elle est mise en oeuvre : chant, musique, poésie, médecine, philosophie, religion, rhétorique, théâtre. Les dix-huit études de ce volume pluridisciplinaire sont consacrées aux pouvoirs et aux effets de la voix, tels qu'ils sont exposés par la philosophie et la littérature antiques d'Homère à Augustin. Comment les modalités d'émission et de réception des voix sont-elles perçues, comprises et décrites? (...) Comment les textes des Anciens peuvent-ils encore résonner pour nous d'une voix forte?"--Page 4 of cover. (shrink)

Paul of Venice joined the Austin Friars at an early age and was sent by them from Padua to study at Oxford in 1390. When he returned, full of ideas and laden with books, he began his prodigious writing career with several books on logic, including the Logica Magna, which runs to some half a million words. The current volume contains the final treatise, on insolubles - that is, logical paradoxes. After surveying fifteen previous solutions, Paul develops his own, (...) based on the idea that such propositions falsify themselves. Besides a critical edition of the Latin text, the volume also contains an English translation, a detailed commentary, excerpts from two other logical works of Paul, and a substantial introduction. The introduction describes the fourteenth-century background to Paul's treatise; it also gives a detailed rebuttal of a recent claim that the Logica Magna is not by Paul because its content clashes with genuine works of his. All in all, the volume greatly enhances our understanding of the development of logic, in particular of the semantics of propositions, during a crucial century in its history. (shrink)

Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. (...) The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Il y a and the UngrundLevinas and the Russian Existentialists Berdyaev and ShestovJames McLachlan (bio)Western philosophy coincides with the disclosure of the other where the other, in manifesting itself as a being, loses its alterity. From its infancy philosophy has been struck with a horror of the other than remains other — with an insurmountable allergy. It is for this reason that it is essentially a philosophy of (...) being, that the comprehension of being is its last word, and the fundamental structure of man.... The God of the philosophers... is a god adequate to reason, a comprehended god who could not trouble the autonomy of consciousness, which finds itself again in all its adventures, returning home to itself like Ulysses, who through all his peregrinations is only on the way to his native island.— Emmanuel Levinas, “The Trace of the Other”Levinas is well known for his assault of the history of Western ontology and its allergy to otherness. In seeing all in terms of Being, philosophy subordinates ethics to ontology by reducing the other to an object of knowledge within Being. Recent work by Fiona Steinkamp, Joseph Lawrence, and Drew Dalton has called attention to a possible [End Page 213] dialogue between Schelling (especially the middle Schelling of Philosophical Investigation into the Essence of Human Freedom and The Ages of the World) and Levinas.1 Joseph Lawrence shows both Schelling and Levinas struggle with the difficulty of thinking the Good beyond being. Schelling thought that the very quest for reality forces us to philosophize from the point of view of practical rather than theoretical reason. He thought there is no adequate theoretical refutation of solipsism but there is a perfectly good practical refutation: to the extent that I treat others as real they reveal themselves as real to me. Lawrence points to Schelling’s claim in Philosophical Investigations into the Essence of Human Freedom, “This is the secret of love, that it unites such beings as could each exist in itself, and nonetheless neither is nor can be without the other.”2The parallels between Schelling and Levinas are rooted in the latter’s appreciation of Franz Rosenzweig’s The Star of Redemption. In the introduction to Totality and Infinity, Levinas famously notes that Rosenzweig’s masterpiece was “too often present in this book to be cited” (TI 28). Rosenzweig’s debt to Schelling is well documented. He carried The Ages of the World to the front with him in World War One and refers to it in correspondence. He even wrote, “It’s a great book to the last, had it been completed nobody except the Jews would give two hoots for the Star.”3 This is, without doubt, the correct historical stream to follow in connection with the relation between Schelling and Levinas and the proper way to see the connections between such Levinasian notions as the “there is” and hypostasis and the Schellingian conceptions that reflect similar ideas as the Ungrund, the emergence of the personal from the impersonal ground, and, above all, the importance of the practical ethical move beyond ontology.But there were also contemporaries holding such philosophical views in the Paris of the 1930s, and they can be seen to reinforce such positions. What is more striking is they come from Levinas’s fellow émigrés: Lev Shestov, Nicolas Berdyaev, and Alexandre Koyré. In one way or another, each either championed positions that emphasized the emergence of the particular from the general, rejected ontology, [End Page 214] or attacked the entire Western metaphysical tradition stemming from Parmenides for reasons similar to those held by Levinas. Levinas’s appreciation of Dostoevsky is also an important in connection to some of the ideas shared by Levinas, his fellow émigrés, and Schelling.4The Russian émigrés Shestov and Berdyaev were both Dostoevsky disciples; each offered major and influential studies on Dostoevsky and each viewed the novelist in quite different ways through the lens of each one’s philosophical position that had, in part, been formed by each thinker’s reading of Dostoevsky.5 Levinas’s friend, a student of Edmund Husserl, the philosopher of science Alexandre Koyré’s 1929 dissertation later... (shrink)

This volume belongs to the first new critical edition of the works of Francis Bacon (1561-1626) to have been produced since the nineteenth century. The edition presents the works in broadly chronological order and according to the best principles of modern textual scholarship. The seven works in the present volume belong to the final completed stages (Parts III-V) of Bacon's hugely ambitious six-part sequence of philosophical works, collectively entitled Instauratio magna (1620-6). All are presented in the original Latin with (...) new facing-page translations. Three of the seven texts (substantial works in two cases, and all sharing a startlingly improbable textual history) are published and translated here for the first time: these are an early version of the Historia densi, the 'lost' Abecedarium, and the Historia de animato & inanimato. Another--the Prodromi sive anticipationes philosphiae secundae--has likewise never been translated before. Together with their commentaries and the introduction they open the way to important new understandings of Bacon's mature philosophical thought. (shrink)

Focusing on the Astronomia Magna, the magnum opus of Theophrastus Bombast von Hohenheim, or Paracelsus, the dissertation provides a detailed look into Paracelsus ' oft-neglected and misrepresented views on the make-up of humans and the universe, and highlights the religious values fundamental to the formation, expression, and reception of his science, Robert K. Merton and Reijer Hookyaas have helpfully pointed to salient religious factors in the development of modern science, but they overemphasize seventeenth-century English Calvinism. A century earlier, Paracelsus (...) had molded a unique, influential, and thoroughly biblical and ethical system of the world, and with many of the same goals as the Puritans. Paracelsus ---whose ideas were often referred to and even incorporated by the likes of Isaac Newton, Robert Boyle, Francis Bacon, and Joan Baptista van Helmont---insisted that humans were created to research, discover, and utilize nature. ;Book I of the Astronomia Magna, highlighting the sidereal and elemental bodies of humans, is a systematic explication of natural magic, human nature, and cosmology. There are clear alchemical and Neoplatonic sources, but the discussion is rooted in Paracelsus ' Genesis exegesis. Book II---focusing on the soul and the immortal body, the latter acquired in baptism---contains a summary of Paracelsus ' soteriological and eschatological views, and reiterates Paracelsus ' eucharistic theology. Books I and II thus encapsulate Paracelsus ' universe of two analogous realms, mortal and divine---Book IV regards the demonic. ;Scholars point to the influence of Paracelsus ' theology in the seventeenth-century, but downplay its early reception. However, various sixteenth-century intellectuals eagerly produced Paracelsus ' works despite their divisive religious content, and some of his followers adopted his spiritualism, ethics, and heterodoxy. Toxites' preface to the first edition of the Astronomia Magna is largely a summary and endorsement of Paracelsus ' theology. ;Scholarly treatments of the Scientific Revolution, even within Paracelsus studies itself, fail to capture the unity of Paracelsus ' theological and medical-natural philosophical works and ideas, hence producing incomplete and flawed interpretations. Thus, it is essential to build on the insightful work of Kurt Goldammer, Hartmut Rudolph, Allen Debus, and Charles Webster, and to explore more deeply Paracelsus ' bible-based science. (shrink)

Paul of Venice’s tract on reference, a brief excerpt from his lengthy Logica Magna, deals with material, simple, and personal supposition. His treatment of these standard subjects of late medieval logic is significant because it defends the use of material signs to indicate that a term is being used in material supposition and because of its critique of Peter of Mantua’s reduction of all reference to personal reference. Paul also defends against several challenges to the common notions that terms (...) do not refer outside the context of propositions and that only the subject and predicate terms, not the copula, refer. His encyclopedic treatise was widely used in the fifteenth and sixteenth centuries. Professor Perreiah has established a critical edition of the Latin text and it is printed opposite his readable and reliable English translation. The translation is excellent in rendering the technical terms of medieval logic into the terms of contemporary logic. The introduction could be more developed, but it is very helpful as are the notes explaining references in the text. This book is a scholarly and significant contribution to the study of medieval logic.—K. M. (shrink)

The concept of Rule of Law is the cornerstone of the proper functioning of the judicial system in any modern democratic society. It is a basic concept of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. This principle was firstly stipulated by the instrument of Magna Carta and it is considered as a key principle for good governance in any modern democratic society. The development of the rule of law principle is personified (...) through the independence of the Judiciary as a third branch of government. The contemporary democratic societies are faced with many challenges upon which in order to protect their values of the democratic system, often limit the rights and liberties of persons. It is the role of the courts and the judicial system to stop these injustices and protect the individual from any form of liberty deprivation and rights limitations. Before the promulgation of the Magna Carta in 1215, the rule of law was perceived as a divine justice, distributed solely by the monarch or the king or in this case - King John of England. Magna Carta doesn't have iconic status only in the British Society, which is perceived as an instrument with special constitutional status and cited by many judges, lawyers and politicians, but in any modern democratic states as well. The author in this article examines the development of the concept of Rule of Law in the modern democratic societies under the influence of the Magna Carta, and how it is perceived as a guarantee of fair trial and trial by jury of any persecuted persons whether the severity of their crimes. (shrink)