This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

Contemporary debates within analytic philosophy regarding the relation between literature and philosophy focus on the capacity of some literary works to engage with philosophical problems. While some philosophers see literature as a welcome contribution to philosophy, or as an alternative to pursuing philosophical questions, some are more sceptical with respect to its capacity to tackle philosophical concerns. As a contribution to this debate, in this paper I look at similarities and dissimilarities between the two practices, with the aim (...) of mitigating some views which see them as too diverse to allow for literary treatment of philosophical issues. As points of contact, I focus on the shared thematic concerns of the two practices, i.e. on the fact that literature and philosophy both deal with issues that humans generally care for. I argue that both practices, despite the stylistic, linguistic and methodological differences in their approach, manage to fulfil ‘the recognition requirement’, namely, recognize and engage with those issues, situations and context of human predicament in the world which are in need of intellectual refinement. I then move on to dismiss arguments which purport to discredit literary treatments of philosophy on the basis of literature’s alleged subjectivity and emotional dimension, which are contrasted with philosophical objectivity and rationality. I end by emphasizing the impact of academic constraints on professional philosophy, in order to suggest that pursuing philosophical concerns is not an invention of the practice, but a natural inclination of reflective, inquisitive human mind. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Truth MattersOnce in a while stunning new ideas that energize a scholarly discipline—or even wreck it altogether—come from the outside. The most influential philosopher of science in the last generation was not a philosopher at all, but an historian and physicist, Thomas Kuhn. Ernst Gombrich, an art historian, has deeply informed the philosophy of art, as the linguist Noam Chomsky has affected the philosophy of language. And Jacques Derrida (...) continues to cast his stupefying spell over many a literature department, even if most philosophers remain unimpressed.In a minor but spectacular way (how else to describe an event first encountered on the front page of the New York Times?), Alan Sokal has barged in on this honorable tradition. As a physicist, he successfully placed a barely-coherent, factually ludicrous, jargon-ridden article in a major journal of cultural studies.When we caught up with Sokal’s hoax, our initial reaction was sympathy for the hapless editors of Social Text. They weren’t the first journal editors to be landed with a contribution that went sour (though the only other episodes we could recall were plagiarism, not parody). However, when one of these chaps, Stanley Aronowitz, reacted in the Times by calling Sokal “ill-read and half-educated” (May 18, 1996), editorial fellow-feeling began to evaporate. And when Stanley Fish, executive director of the Duke University Press, which publishes Social Text, launched a bitter counterattack on Sokal three days later, it was hard not to regard Fish’s indignation, as E. D. Hirsch described it in a subsequent letter to the Times, as “the indignation of Tartuffe on being exposed.” [End Page 299]After some tedious preliminaries, Fish accused Sokal of failing to understand that the sociology of science is an enterprise “distinct” from science, “with objects of study, criteria, and goals all its own.” Sokal knows this, naturally, as he had already made clear in his Lingua Franca article on the hoax, and as he explains again in his afterword in this issue of our journal. But Fish went on to a more sweeping generalization. Imagining Sokal believed that cultural studies threaten the stability or integrity of the sciences, Fish said not to worry: “A research project that takes the practice of science as an object of study is not a threat to that practice because, committed to its own goals and protocols, it doesn’t reach into, and therefore doesn’t pose a danger to, the goals and protocols it studies.”With this account of a well-ordered academic world, Fish inadvertently reveals what some see as a serious failing of cultural studies and postmodern theory: it poses a threat to absolutely nothing. Leave science aside for a moment, and consider a sociology of, say, astrology, or medicine, or the fashion industry. Could we envision a proper sociology of astrology which posed no danger to “the goals and protocols” in using planetary/zodiacal patterns to predict the future or retrodict the characters of subjects? Hardly; it’s the business of the sociology of any human activity to identify and question the intellectual claims and practical ambitions of that enterprise. And that is exactly what Alan Sokal did: he invented a clever test of the intellectual rigor of cultural studies in general and its version of poststructuralist sociology of science in particular. He then subjected Social Text—and implicitly in many minds the intellectual standards of the field it represents—to the test. It failed.Sokal’s methodology was not unique; it can be applied in different ways to many other disciplines. If you want to evaluate, for example, the intellectual pretensions of astrologers there is a fine way to do it; it essentially adapts the double-blind placebo procedure used in drug research, another celebrated testing methodology. Allow a group of astrologers to agree on a set of character readings based on accurate birth charts. Give these back, shuffled, with identifying information stripped off, to the subjects of the astrological readings. If the subjects can pick out their own readings from character descriptions alone (descriptions created by astrologers on the basis of birth information only, without meeting the subjects in question), then astrology must possess... (shrink)

The trend to centralization of the Mizrahi narrative has become an integral part of the nationalistic, ethnic, religious, and ideological-political dimensions of the emerging, complex Israeli identity. This trend includes several forms of opposition: strong opposition to "melting pot" policies and their ideological leaders; opposition to the view that ethnicity is a dimension of the tension and schisms that threaten Israeli society; and, direct repulsion of attempts to silence and to dismiss Mizrahim and so marginalize them hegemonically. The Mizrahi Democratic (...) Rainbow [The Keshet], the most prominent proponent and representative of this trend, was established in the 1990s with the intention of being a leading civic and political body in Israeli society. While it was the Mizrahi worldview that led to selection of the organization's name and aims, their vision was to be involved in social struggle on behalf of other groups in Israeli society. Since it was established, The Keshet has aimed to function as an assertive, long-term alternative coalition exerting influence, power, and pressure on the Israeli narrative network. And, indeed, the organization has succeeded in disrupting Israeli discourse, principally, by challenging the ideological foundations of the Zionist meta-narrative. Nearing the end of the first decade of the 21st century and nearly a decade since it was established, The Keshet not only represents the most current wave of Mizrahi discourse, it has changed it to such a great degree that it is impossible to ignore its influence. Further, this alternative narrative may have significant potential to advance the internal Jewish discourse so fundamental at this time given the changing Israeli situation and regional conditions. And, while it is possible to view The Keshet and this new narrative as a continuation of the Mizrahi struggle, as a narrative The Keshet's agenda represents a post-colonial perspective and multi-cultural alternative to Zionism as a social vehicle. Amidst all of this, The Keshet continues to offer concrete proposals to change the Jewish character of the state as well as its internal and external relations. One of the primary goals of this study was to examine the rise of the Mizrahi narrative over the last two decades and the new Mizrahi discourse in Israeli society. More specifically, the study sought to attain an in-depth understanding of the central narrative created and represented by The Keshet. An additional goal was to investigate the influence of The Keshet's activity and the narrative it constructed in regard to other narratives. In particular, the study focused on The Keshet's opposition to the central Zionist narrative that infuses civic, political, and academic frameworks in Israel. Accordingly, the primary research questions investigated in the study sought to determine: What has been the influence of the Mizrahi Democratic Rainbow on the Mizrahi narrative in Israel? And, what are implications of such influence for the central Zionist narrative? Methodologically, the study was based on narrative and comparative analyses of texts from different periods of the older and newer Mizrahi narratives. The corpus included two types of texts: First, academic texts and opinion pieces, both philosophical and programmatic in nature, published in magazines, journals, books, as well as position papers; second, all of the texts published by prominent and influential figures who charted the path of The Keshet or led it organizationally and/or intellectually over the last twenty years (e. g., Yehudah Shenhav, Yossi Yona, Moshe Krief among others). All texts were examined by means of philosophical, historical and critical hermeneutic tools. This analysis revealed different levels of Mizrahi and civic discourse in Israel as well as among The Keshet's founders and leading ideologues. The study was based on a three stage process model, developed for purposes of this study, for investigation and analysis of the new Mizrahi narrative as well as other oppositional narratives, in particular opposition to the hegemonic meta-narrative. The stages are: issuing the challenge, dissolution and, liberation; that is, liberation is the measure of the ultimate success of the struggle for narrative change. Such change is not based on success in the field, but rather on a radical, fundamental reversal of thought, discourse patterns, stylistic structures, as well as forms of questioning - in this case of taken-for-granted racist mechanisms. However, the principal change is in achieving a deep, inner de-legitimization of the signifiers, categories, and reproductions of all manner of mockery that are based on immoral colonialist processes that are reinforced by regimes of fear and intimidation whose self-destruction began upon their very creation. This three stage model charts the course of the oppositional Mizrahi narrative from: accounting for the past (passing judgment on the so-called historic colonialist Zionism) to writing a new (pure Mizrahi) history and creation of a Mizrahi-Arab identity separate from the Ashkenazic, identified as Zionist. Contemporary post-colonialist discourse is integral in these stages. Such a perspective has been transformed by transitions from - binarism to hybridity, Orientalism to Occidentalism, the politics of "liberation" to "constructive" politics, from the history of consciousness to the history of change, as well as from nationalist to post-nationalist questions. Fundamentally, according to this approach, political and other struggles for the emerging narrative of Mizrahi (or Arab) history seek to centralize it in society and weave it amidst the models of multiculturalism. Undertaken in parallel, the central characteristics of all these stages are borrowed from countries in which the need for national reconciliation led to renunciation of apartheid and racist policies and historical judgment of the hegemony supported by racist leaders. In addition, these three moves were undertaken in Keshet and its ideologues by means of substantive symbolic violence directed at the hegemonic Ashkenazic discourse, which included creation of hatred of it, use of stereotypes the opposite of oppressive discourse, and adoption of an arrogant point of view toward it. This stands in stark contrast to the claims of the self-proclaimed new Mizrahi stance of a discourse established on purely ethical grounds that sought to cleanse itself of these very same oppressive elements. The model developed for and demonstrated in this study allows for analysis of oppositional narratives in which the libratory stage evolves into a form of entrapment, as appears to be occurring to the new Mizrahi discourse. This conclusion is based on the observations shared by many Keshet proponents including leading intellectuals who worked on the manifestos that were the subject of criticism from the Zionist camp. The study identified and defined the following six interwoven strata, which for purposes of explication are each discussed in a separate chapter: The first chapter presents a general theoretical discussion of the issue of the narrative and the inter-narrative struggle that has become central and applicable in various ways in the latest generation (e. g., anthropologically, hermeneutically, and philosophically). The analysis surveys different discussions in the inter-narrative struggle and locates them in the contexts, relations, and meanings derived from, representing, and indeed reproducing the narrative of national identity. The second chapter includes a historical survey of the older Mizrahi struggle that existed prior to the ascendance of the new Mizrahi narrative. Initially, Mizrahi discourse focused on expressing the ethnic protest that grew in years to follow. These feelings of discrimination and social distancing of the immigrants from Islamic countries gave birth to expressions of protest, the most prominent of which were Wadi Salib and the Black Panther Movement's various activities. The research literature contains many explanations for the exacerbation of the ethnic problem and creation of a situation that could not be ignored. The consensus academic view reached at the end of the 1970s identified a number of primary factors for this situation: the existence and extensive numbers of different ethnic groups; the relative or absolute segregation of frameworks within which members of these ethnic groups lived and acted; and the significant overlap between socio-economic status and feelings of discrimination retained by members of the Mizrahi group due years of neglect by the Ashkenazic establishment, the strengthening of Mizrahi social, cultural, and political power, as well as the emergence of a Mizrahi elite that identified with Mizrahi problems. The severe consequences of feelings of discrimination were expressed in a long series of events, such as: rioting by residents of the Rehovot Sharayim neighborhood in 1956; events of Wadi Salib in Haifa in 1959; and a chain of activities involving the Black Panthers in the 1970s. Protest was also an aspect of the "tent movement" in the 1970s and 1980s. Political activities were advanced by the Tami Movement that competed in the election for the 10th Knesset in 1981 and the Shas Movement that has continued to garner political power since being found in 1984. The 1980s and 1990s were characterized as the era of radical consciousness of Mizrahi discourse as well as by the rise to power, in consecutive order, of the political parties – Tami, Shas, and the Mizrahim HaHadashim [the New Mizrahi]. The latter party laid the foundations of the new radical Mizrahi discourse from which emerged such cultural activities as: Iton Aher [A Different Newspaper]; Bimat Kivon Aher [Another Direction Forum]; Efir'yon journal; the Halah Organization for Education in Neighborhoods, Development Towns, and Villages; Kedma; the newspaper – Patish [Hammer]; and, eventually the establishment of Keshet. The third chapter presents an examination of the materialization of the inter-narrative struggle in the case of Israel, with a specific focus on The Keshet and the new Mizrahi narrative advanced by it and intellectuals. The Keshet ideology is examined in the context of its grounding in post-colonial thought, especially that of Edward Said; the directions proposed by Ella Shohat and her followers; the central thinkers of the narrative in Israel in the last decade; and the harsh critique leveled at the Ashkenazic-Zionist narrative. The practical steps proposed for implementation within the multicultural model are also examined. Here the effort to reduce the centrality of Zionism while revealing its oppressive mechanisms was undertaken in parallel with use of these mechanisms in order to create a Mizrahi space with broad margins inclusive of alternative forms of Israeli identity in the Middle East and in conjunction with Arabs within and beyond Israel. Mizrahi traditionalism is examined in the fourth chapter in two particular respects. First, the criticism of the new Mizrahi narrative leveled by the renewed view and, second, the implications of the alternative in terms of creating a Mizrahi space that does not oppose Zionism. Rather, in opposing the post-colonialist perspective, this renewed traditionalist perspective criticizes as well as values Zionism. This space seeks to be both Jewish and Mizrahi. It does not detach itself from nationalist Zionism but rather views itself as a continuation of this tradition and, accordingly, is an effort to develop a next stage in its development. For example, an essential dimension of the traditionalist perspective, "commitment," is considered in this stage to be a fertile basis for dialogue with the past and as an anchor for contemporary interpretation of Mizrahi and other Jews' identities in Israel. The fifth and sixth chapters deal with all of the vectors of criticism directed at the new Mizrahi narrative, including its ideological foundations, philosophical stance, as well as intellectual and practical basis in the Israeli sphere in the face of Palestinian nationalism. These vectors of criticism from within and beyond The Keshet deal with issues, such as, the meaning of the movement's activities and the narrative that it offers regarding questions of Israeli identity, Israeli collective memory, and Mizrahi self-perception. At the same time, it must confront the capitalist neo-liberal narrative in a global world and thrive in a context in which it must make itself manifest amidst oppositional narratives. The final chapter presents a comprehensive, critical analysis of the new Mizrahi narrative. It does so by means of a theoretical model that examines it as an oppositional narrative – one that seeks to challenge the hegemonic meta-narrative, to dissolve the boundaries of the narrative discourse, and to propose liberation and redemption that may led to entrapment amidst a changing, a-dichotomous realities (e. g., global economic development in the face of Zionist nationalisms that display ideological strength as well as development of the sense of being an Israeli that maintains its vitality and continuity while being constituted by sectors that challenge being a Mizrahi, such as co-ethnic subjects. The Keshet's influence is dramatic and extends in a number of central directions. Its political activity and non-entry into the domains of the Israeli parliament granted the movement significant power in civic discourse and contributed to changing the persona of the Mizrahi discourse; for example, from political-party struggles over budgets and obtaining shares of the regime to changing the face of Israeli society and the centrality of the Mizrahi narrative. This change included deconstructing the Ashkenazic narrative and constructing comprehensive Ashkenazic-Zionist guilt, as evident in the Ehud Barak's request for collective forgiveness. This was accomplished through the participation of leading members of Keshet who appeared in prominent intellectual forums and engaged in lively discourse - principally in academic, social, and media domains. Such participation gave new meaning to various aspects of Israeli society while establishing different models of multiculturalism. The rise of the new Mizrahi narrative is a significant marker in the inter-narrative struggle as it represents a desire for separate or hybrid identities. And, the deep probing of the narrative constructed by leaders of The Keshet and those who identify with the movement produced a number of clear ways to distinguish it from the old Mizrahi struggle, whose history was portrayed through social protests, in a manner similar to linear vectors marked with wars and elections. The old Mizrahi struggle selected the traditional tactical struggle identified usually with social and political movements that seek to change political, social, and economic reality - from the bottom up. Their primary demand was to change decisions as well as the division of social goods and resources. Hence, this older period of struggle was not aimed at opposing the ideological foundations of the hegemonic narrative nor did it seek to undermine in a radical manner the unique nature of the state of Israel as a revolutionary solution for the problems of the Jews according to the Zionist approach, as a national home for the Jewish people, and recognition of the right to an preferred and meta-definition of Jewish nationalism. In contrast, the top down struggle advanced by the new narrative is part of an ideological movement led by the educated that is assertive and ground in post-colonialist theory. Accordingly, it was critical of the techniques and mechanisms of oppression as well as sought to attack the Zionist ideological foundations and to reveal its racist operations and the regimes that have preserved it so efficiently for many years. The uniqueness of this narrative is the intellectual offensive that continues to be advanced and, in parallel, development of the discourse struggle in Israel concerning the justification for Zionism and the concrete political proposal that Jews reject the taken-for-granted status of it as an ideology. This new narrative recognizes the historic difficulties of subversion as an emancipatory and, principally, moral effort. In addition, the new Mizrahi narrative shares the foundations and narrative of Palestinian victimization. In its radical version, the new Mizrahi narrative seeks to connect to the Palestinian narrative in order to create a new space here. According to this version, this action will take place gradually. The first stage will be characterized by opposition to Western European, Ashkenazic Zionism. The Eurocentric Zionism will surrender in the second stage, to be followed in the last stage by creation of a coalition of Jews and Arabs that will be establish through concrete actualization of the refugee status and victimization that is shared by both Palestinians and Mizrahim (whether as Mizrahim or Jewish-Arab). Not a speculative academic exercise, the goal sought by this narrative is delineate and to achieve a multicultural model in which equality, liberty, and social justice will overcome the nationalism and colonialism of either side; that is it will be neither Zionist nor Jewish. Thus, this approach stresses what is shared (e.g., acceptance of the Arab space and not a rejection of it; the legitimacy of the Arab language and culture). This is part of detachment from and historic judgment of the colonialist Zionist enterprise. This possibility includes moral elements that remove the evil and harm caused by Zionism for many years as well as inner cleansing – primarily among Ashkenazim – of attitudes towards Jews and non-Jews. Though, in this regard, it should be noted that, to date, the new narrative has not made similar claims that Palestinians undergo a similar process. The assumption seems to be that this should be tested, that the coalition proposed is a possibility that will be recognized by the Palestinians, and that they are prepared to undergo a similar, shared moral process that involves negating the state of Israel as a Jewish, Western state, a state of the Jewish people, and not only for those who live within it. These Mizrahi thinkers conducted a significant move through deconstruction and substitution of the Eurocentric narrative with a multi-cultural proposal that is optimistic and even attractively naïve. Today, they acknowledge that they did not take into account Palestinian nationalist violence directed to citizens, the traditionalist alternative, and widespread opposition within the Mizrahi community toward what is perceived to be Mizrahi seclusion. They also did not take into account the harsh criticism rendered by young and educated Mizrahim who claim that they were born into a complex, multi-dimensional, multi-layered identity that includes internalization of the language of the West and rules of the game of this complex identity. And, though they are critical of some of its values, this makes it difficult to mount internal emotional opposition to the West and to the globalization contained within this world. Hence, this more familiar world is preferred over the values of the Mizrahi-Arab alternative, particularly in regard to problems in the domains of democratic citizenship, stance taken toward women, and freedom of speech. Further, educated Mizrachim reject the post-colonialist perspective and are stridently critical of its dichotomization. They claim that such a division is irrelevant in a world in which older ideologies have collapsed and new spheres – such as cyberspace and others – are open to them in which they can present themselves with an Israeli identity that is not categorized as necessarily Mizrahi. (shrink)

Universities today betray both reason and humanity. They are still dominated by the idea, inherited from the past, that the best way the academic enterprise can help promote human welfare is, in the first instance, to pursue the intellectual aim of acquiring knowledge. First, knowledge and technological know-how are to be acquired; then, secondarily, they can be applied to help solve social problems. But academic inquiry conducted in this way – knowledge-inquiry as it may be called (...) – violates the most elementary rules of reason that one can think of and, as a result, betrays the interests of humanity. We need a revolution in academia, one which puts problems of living at the heart of academic inquiry, and takes the basic aim to be to seek and promote wisdom, construed to be the capacity to realize what is of value in life, for oneself and others, thus including knowledge, but much else besides. (shrink)

How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of Islamic civilisation.Based (...) on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. (shrink)

For forty years I have argued that we urgently need to bring about a revolution in academia so that the basic task becomes to seek and promote wisdom. How did I come to argue for such a preposterously gigantic intellectual revolution? It goes back to my childhood. From an early age, I desired passionately to understand the physical universe. Then, around adolescence, my passion became to understand the heart and soul of people via the novel. But I never discovered (...) how to tell stories in order to tell the truth. So, having failed to become a physicist, and failed to become a novelist, I studied philosophy at Manchester University and then, in six weeks of inspiration, discovered that the riddle of the universe is the riddle of our desires. Philosophy should be about how to live, and should not just do conceptual analysis. I struggled to reconcile the two worlds of my childhood ambitions, the physical universe and the human world. I decided they could be reconciled with one another if one regarded the two accounts of them, physics and common sense, as myths, and not as literal truths. But then I discovered Karl Popper: truth is too important to be discarded. I revised my ideas: physics seeks to depict truly only an aspect of all that there is; in addition, there is the aspect of the experiential features of the world as we experience it. I was immensely impressed with Popper’s view that science makes progress, not by verification, but by ferocious attempted falsification of theories. I was impressed, too, with his generalization of this view to form critical rationalism. Then it dawned on me: Popper’s view of science is untenable because it misrepresents the basic aim of science. This is not truth as such; rather it is explanatory truth – truth presupposed to be unified or physically comprehensible. We need, I realized, a new conception of science, called by me aim-oriented empiricism, which acknowledges the real, problematic aims of science, and seeks to improve them. Then, treading along a path parallel to Popper’s, I realized that aim-oriented empiricism can be generalized to form a new conception of rationality, aim-oriented rationality, with implications for all that we do. This led on to a new conception of academic inquiry. From the Enlightenment we have inherited the view that academia, in order to help promote human welfare, must first acquire knowledge. But this is profoundly and damagingly irrational. If academia really does seek to help promote human welfare, then its primary tasks must be to articulate problems of living, and propose and critically assess possible solutions – possible actions, policies, political programmes, philosophies of life. The pursuit of knowledge is secondary. Academia needs to promote cooperatively rational problem solving in the social world, and needs to help humanity improve individual and institutional aims by exploiting aim-oriented rationality, arrived at by generalizing the real progress-achieving methods of science. We might, as a result, get into life some of the progressive success that is such a marked feature of science. Thus began my campaign to promote awareness of the urgent need for a new kind of academic inquiry rationally devoted to helping humanity create a wiser world. (shrink)

Historical consciousness of the modern period, which shows a clear distinction from that of the previous periods, is well displayed in intellectual history, which is investigation into the development of ideas and transmission of knowledge. To understand the academic issues that are grappled with in intellectual history, it is necessary to understand how it interacts with other relevant academic disciplines. Firstly, it is connected to classics and philology, in which historicity is regarded as part and parcel (...) of their research. Critical investigation into them leads intellectual historians to take the stance that perception on historicity lies not in a factual stratum but in an interpretive stratum. Further, they usually focus on coherently organizing inconsistent, inessential, contradictory elements of interpretation within the frame of temporality on which all texts have a footing. Next, intellectual history is closely tied to philosophy and the history of philosophy because it is a historiography of ideas and thinkers. On the basic assumption that the historicity of philosophy should be involved for a proper understanding of philosophical texts, intellectual history focuses on diachronic influences and changes of ideas which are intertextually detected. Clearly, intellectual historians assume that texts may be considered as ahistorical or even trans-historical when historicity was not a concern between traditions nor is it in modern interpretive traditions of philosophy. As a result, a tension between intellectual history and philosophy is inevitable, and the former has conditioned and simultaneously fostered understanding of the latter. Taken together, it may look as if intellectual history, being based on classics and philology, attempts a risky pas de deux with philosophical traditions which may be understood as ahistorical where their foci are given to doctrinal sides. The hitherto mentioned issues of intellectual history raised by Western critical approaches to historicity are also inherent in Buddhist studies and Buddhist intellectual history which have developed on Western soil. For example, the historicity of person(s) as seen in such examples as the historicity of Maitreya(-nātha), and the transition of philosophical thought in the works attributed to Vasubandhu/ Vasubandhu-s—which have become controversial since the 20th century, can be understood within the bigger frame of modern historical consciousness and how its coupled intellectual history unfolded. Specifically regarding these issues, efforts have been consistently made to construct a proper intellectual history in spite of limited sources of inner- and outer-textual evidence. The seemingly diversified opinions and cacophony in the development of interpretations of the issues epitomizes intellectual history, including the theoretical process which explores ways of thinking about various possibilities and the presuppositions of those possibilities. (shrink)

Academic life in the UK is striking for the degree to which it is separated from the wider society and, particularly so, so far as the humanities and the social sciences are concerned. Whether the...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Latin Literature. A HistoryRichard F. ThomasGian Biagio Conte. Latin Literature. A History. Translated by Joseph B. Solodow. Revised by Don Fowler and Glenn W. Most. Baltimore and London: The Johns Hopkins University Press, 1994. xxxiii 1 827 pp. $65.00.The work under review is a translation of Gian Biagio Conte’s 1987 book Letteratura latina; Manuale storico dalle origini alla fine dell’ impero, a book whose title page (...) acknowledged the collaboration of Alessandro Barchiesi, Emanuele Narducci, Giovanni Polara, Giuliano Ranucci, and Gianpiero Rosati. In the translation these scholars have been moved into C.’s “Acknowledgements,” making room for the new group on the title page, as given above. Of these, Don Fowler provided a bibliography and “in a sense has helped to direct the whole editorial enterprise,” while Glenn Most (like Solodow, one of C.’s English translators), rewrote sections on reception. Elaine Fantham introduces the work with an encomiastic “blurb” and general appreciation of the scholarship of C. C.’s own preface adds to the “gang of five” original collaborators a new group of three (Mario Labate, Alessandro Schiesaro, Rolando Ferri) who “have freely given me the support of their attentive and considerate criticism.” One recent reviewer talks of “the thorough control of the material by the single mind of the original author” (Robert P. Sonkowsky, The Key Reporter 61.3 [1996] 13), as does another for whom “the book is the production of a single mind” (J. Griffin, “The Long Latin Line,” review in New York Review of Books [Oct. 6, 1994] 43); it therefore seems only right to register my dissent from such a judgment.Much in Latin studies right now seems to involve a pack mentality: teams toil away for their grex, writing encomiastic and disingenuously uncritical reviews, or footnotes acknowledging the help of other teammates, attending conferences, organizing group-solidifying essay collections, even new series and manifestoes promising a “New Latin”—a term that seems to have no particular theoretical or intellectual content, nor a purpose other than to appeal vaguely for some sort of postmodernist approval. Barbara F. McManus’ summary of a paper on the uses of e-mail for mobilizing interest groups, delivered at a conference on computers and the classics by the very editor of the book under review, Don Fowler (“The Scroll and the Screen: Computers and Classical Literary Criticism”), gives a clear account of procedure and techniques in use:Electronic communication allows small groups with strongly related interests to form, cohere, and influence the larger disciplinary community; because such groups start with fundamental agreement on intellectual frameworks and approaches, they can develop ideas rapidly and in depth.(2/8/97 )What happens when other, less organized and more individual, insights fail to coincide with the “fundamental agreement” of the “group,” and how, we might wonder, will such individualism hold up in the face of this mission to “influence the larger disciplinary community”? [End Page 471]Be all this as it may and whatever the realities of authorship, the achievement of Gian Biagio Conte’s volume is a signal one. Latin Literature is a work of considerable value, a work which I have already used with success in teaching the history of Latin literature. Whatever the state of its authorship, I would now move to a review of some of its merits, which are considerable, and in which C. himself is obviously a participant throughout. The book begins with the origins of Latin literature and extends to Bede and the national literatures that were to transmit Latin literature into the vernaculars, that would in turn connect the essential themes and fundamental concerns of classical Latin literature to the cognate and evolving experiences of later antiquity and the middle ages. The original authors worked to a formulaic scheme: generally “Life,” “Works,” some treatment of cultural/political/social context, “Literary Success” (for the Italian “Fortuna”—I would have preferred “Reception”), and bibliography. This latter, again by Fowler, is developed from the Italian version and is generally made more international, often with the result that it sits somewhat uneasily with the original articles, which are largely unchanged, and whose authors presumably made... (shrink)

Since political theorist Leo Strauss’s death in 1973, American interpreters have heatedly debated his intellectual legacy. Daniel Tanguay recovers Strauss from the atmosphere of partisan debate that has dominated American journalistic, political, and academic discussions of his work. Tanguay offers in crystal-clear prose the first assessment of the whole of Strauss’s thought, a daunting task owing to the vastness and scope of Strauss’s writings. This comprehensive overview of Strauss’s thought is indispensable for anyone seeking to understand his philosophy (...) and legacy. Tanguay gives special attention to Strauss’s little-known formative years, 1920-1938, during which the philosopher elaborated _the_ theme of his research, what he termed the “theological-political problem.” Tanguay shows the connection of this theme to other major elements in Strauss’s thought, such as the Quarrel between the Ancients and Moderns, the return to classical natural right, the art of esoteric writing, and his critique of modernity. In so doing, the author approaches what is at the heart of Strauss’s work: God and politics. Rescuing Strauss from polemics and ill-defined generalizations about his ideas, Tanguay provides instead an important and timely analysis of a major philosophical thinker of the twentieth century. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Moral Distress in Academic Medicine: My Brother’s Keeper?Lauren B. SmithAs a member of the hospital ethics committee, I’ve become the go–to person for any ethical issues that arise in our Department. Being a pathologist who is interested in ethics, I’m a rare bird. In this role, I get the occasional curbside consult when anyone has a question or concern. Shortly after an ethics lecture to our trainees, one (...) of the junior residents approached me and asked to speak privately. We headed to the cafeteria and found a private table where we could talk. She hesitated, running her fingers through her hair and gazing around the room before speaking.She told me that the trainees were concerned because they had noticed that the pathologists at another institution were not grading one type of cancer the way that they had learned to do this at our hospital. This type of cancer grading is a surrogate for aggressiveness, and, while somewhat flawed, it often determines the staging and adjuvant therapy that the patient will receive. The resident argued that at this hospital, patients were getting assigned cancer grades that were higher than the ones they would receive at our institution. Therefore, a cancer presenting at the other hospital would be considered more aggressive by the clinicians treating the patient.The resident and many of her colleagues had tried to broach this subject with the pathologists. [End Page E18] Many had been brave enough to voice their confusion and concern over the practices. Their efforts, she explained, had been rebuffed. The pathologists assured the residents that they were grading their cases correctly and cited a reference that they used for this purpose. Due to the hierarchical nature of medicine, it is understandably difficult for trainees to confront attending physicians when they have concerns about their clinical cases and diagnostic acumen. Residents and fellows often do not express their concerns for fear of overstepping their roles. In spite of this, many trainees felt that their concerns for the patient made them set aside their own best interest and they spoke up. Moral distress and genuine concern trumped self–interest in this case, which was admirable.At the time of our meeting, I wondered what I could do to help. I am a hematopathologist who specializes in diagnosing leukemias and lymphomas. I know very little about solid tumor diagnosis and treatment. I have not looked at many solid tumors since I was a trainee six years ago. I do not read the literature in that area and I’m not up–to–date on any controversies regarding grading. In summary, I am far from an expert.However, the problem, on a broader scale, was familiar. As pathologists, we may disagree with or question the diagnoses of our colleagues. What is the appropriate course of action when this occurs? This question is an interesting and infinitely complex issue in the realm of pathological diagnosis. If you aren’t a pathologist or a physician, it may be difficult to grasp why there isn’t a right answer in every case. Diagnosing cancer, in many ways, is truly an art as much as a science. Many intersecting variables are at play, including the size and quality of the sample, the experience and training of the pathologist, and the clinical information available at the time of the diagnosis. Some areas are fraught with subjectivity and inter–observer reliability. Some pathologists are more skilled than others. These are realities that no one wishes to freely admit.It is important, however, to differentiate between systematic and random errors. There are many errors that are difficult to predict or avoid. However, systematic errors are the ones that we most want to uncover as they can be fixed with education and awareness. This case appeared to represent a systematic error in which the pathologists at the other hospital were all performing grading in a way that differed from usual practice.I wondered if it would be overstepping my role to speak to the pathologists. I ran the situation by some of the senior pathologists that I know. Many understood my concern but subtly discouraged any action. Many felt... (shrink)

In this book, Toby Svoboda develops and defends a Kantian environmental virtue ethic, challenging the widely-held view that Kant's moral philosophy takes an instrumental view toward nature and animals and has little to offer environmental ethics. On the contrary, Svoboda posits that there is good moral reason to care about non-human organisms in their own right and to value their flourishing independently of human interests, since doing so is constitutive of certain virtues. Svoboda argues that Kant’s account of indirect (...) duties regarding nature can ground a compelling environmental ethic: the Kantian duty to develop morally virtuous dispositions strictly proscribes unnecessarily harming organisms, and Svoboda argues that this duty compels us to act in ways that benefit non-human organisms, given that doing so can enhance one’s virtues. Svoboda’s argument engages the recent literature on environmental virtue and provides an original argument for an environmental virtue ethic firmly rooted in Kant’s moral philosophy. (shrink)

Naturalism is currently the most vibrantly developing approach to philosophy, with naturalised methodologies being applied across all the philosophical disciplines. One of the areas naturalism has been focussing upon is the mind, traditionally viewed as a topic hard to reconcile with the naturalistic worldview. A number of questions have been pursued in this context. What is the place of the mind in the world? How should we study the mind as a natural phenomenon? What is the significance of cognitive science (...) research for philosophical debates? In this book, philosophical questions about the mind are asked in the context of recent developments in cognitive science, evolutionary theory, psychology, and the project of the naturalisation. Much of the focus is upon what we have learned by studying natural mental mechanisms as well as designing artificial ones. In the case of natural mental mechanisms, this includes consideration of such issues as the significance of deficits in these mechanisms for psychiatry. The significance of the evolutionary context for mental mechanisms as well as questions regarding rationality and wisdom is also explored. Mechanistic and functional models of the mind are used to throw new light on discussions regarding issues of explanation, reduction and the realisation of mental phenomena. Finally, naturalistic approaches are used to look anew at such traditional philosophical issues as the correspondence of mind to world and presuppositions of scientific research. (shrink)

Institutions of higher education, especially universities, have undergone a gradual transformation in the last 20 years or so under the pressures of accountability-related measures such as the research assessment exercise, quality assurance procedures, outcomes-based teaching and learning, and the university rankings system. These measures have led academic institutions to adopt practices that emphasize corporate management concerns. Universities are no longer regarded as institutions of learning but more as corporate enterprise. One aspect of this transformation is also seen in (...) the implementation of staff appraisal systems and promotion exercises, which are becoming increasingly formal and less transparent, often operating behind closed doors, and privileging increased power to decision-makers. There is a resulting danger of policies and procedures being designed, constructed, and interpreted to assign maximum control to decision-makers over the outcome of such processes. This paper presents analysis of a corpus of policies, rules, and procedures being used in a number of institutions of higher education, focusing on the issues of transparency, power and control in academic appraisals and promotions, to study the extent to which these rules and procedures are likely to make the exercise transparent and assign equitable power and control to the decision-makers as well as to the staff at the receiving end. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.2 (2000) 175-188 [Access article in PDF] Scope Note 38 Bioethics Resources on the Web * Once described as an "enormous used book store with volumes stacked on shelves and tables and overflowing onto the floor" (Pool, Robert. 1994. Turning an Info-Glut into a Library. Science 266 (7 October): 20-22, p. 20), Internet resources now receive numerous levels of organization, from basic directory listings (...) to elaborate "links" (cross-references to other Internet documents) that flash and glow in the dark. In many ways, the Internet functions as a direct extension of the traditional library. Following linked references across various sites is an electronic version of browsing library stacks, and the serendipitous discoveries made while "surfing the Net" recall the wonders of physically going "book-to-book." Although many of the Internet's best aspects augment library strengths by eliminating physical distance from sources, Net resources pose unique problems for researchers. It is not always clear who is responsible for the content of Web documents, when the document was produced, or how often (if ever) it is updated. Internet resource tools, then, must enable researchers to identify appropriate resources and to evaluate what they find when they get there. Web Research as Taking "Snapshots" Given the Internet's visual nature and fluid content, the process of conducting research on the Web has been likened to taking an informal picture of information on a specific date at a particular time. This metaphor also conveys the "zoom-in" aspect of searching through Web pages by going from general to specific categories. In the first section of this Scope Note, National Reference Center for Bioethics Literature (NRCBL) staff present a snapshot of bioethics resources taken during the spring months of 2000. Entries are divided into the categories of directories, electronic journals, full-text documents, news/current awareness, and teaching resources. In the two subsequent sections, this series of categories is repeated for entries on a specific topic within bioethics-genetics-and again for general search and evaluation tools. Where a Web site may contain pages applicable [End Page 175] to more than one category, multiple entries are made for that site with appropriate information for each category.Much as telecommunication advances have strengthened the relationship of patients and providers as partners, the dynamic nature of the Internet acknowledges that the researcher functions as a librarian whenever accessing the Web. It is our hope that BIOETHICSLINE and the other NRCBL databases not only will enable researchers to search the Web more efficiently, but also will help them to evaluate what they find when they get there. Bioethicsline on the Web: An International Plan in Progress Once only available through libraries, the U.S. National Library of Medicine (NLM), the funding agency for the ongoing development of the BIOETHICS LINE® database from the Kennedy Institute, has provided free Web access to that database of 63,000 citations since September 1998 through Internet Grateful Med. Plans are now underway to eliminate such specialty databases and incorporate all citations into PubMed (for journal articles) or LOCATORplus (for book-like materials and chapters in books). Both of these databases are likewise available at no cost on the Web. In the transition to PubMed and LOCATORplus some features of BIOETHICSLINE that presently are available may be lost. Researchers are encouraged to contact the National Reference Center for Bioethics Literature with search requests or for search strategy assistance with either the current or the future system ([email protected]).The inclusion of bioethics citations in PubMed and LOCATORplus will have several advantages. First, unique keywords from the Bioethics Thesaurus will be considered for inclusion in Medical Subject Headings (MeSH), the indexing vocabulary for PubMed and LOCATORplus, thereby enhancing retrieval of relevant clinical literature by offering more precise terminology covering ethical issues. Second, it will be easier to identify foreign-language materials, which are not currently included in the scope of BIOETHICSLINE. Third, the updating schedule will become more frequent. On the other hand, there may be some loss of searching precision because certain specialized features... (shrink)

Ultimate Normative Foundations: The Case for Personalist Natural Law Across the Globe explores the indefeasibility and universality of certain moral obligations and proscriptions. Rose Mary Hayden Lemmons defends the personalist natural law formulated by Aquinas as a normative foundation that is able to both meet those objections and specify interpersonal obligations as well as juridical obligations concerning inalienable rights, religious liberty, and Just War theory. Academics concerned with philosophy, theology, or law will find this book indispensable.

Many influential stances within the social sciences regard nature in one of two ways: either as none of their concern (which is with the social and cultural aspects of human existence), or as wholly a social and cultural fabrication. But there is also another strand of social scientific thinking that seeks to understand the interplay between social and cultural factors on one side and natural factors on the other. These volumes contain the main contributions that have been made (...) within each of these streams of thought. The selections illustrate to the reader the complexity of the various positions within these streams, and the strengths and limitations of each perspective. A new introduction places these articles in their historical and intellectual context and the volumes are completed with an extensive index and chronological table of contents. (shrink)

The foundation of natural law ethics is a set of basic human goods, such as life and health, knowledge, work and play, the appreciation of beauty, friendship, and religion. A disputed question among natural law theorists is whether the basic goods can be measured or compared in terms of their value. Proponents of New Natural Law Theory, the best-known version in the contemporary literature, hold that basic goods are both incommensurable and incomparable. Proponents of Classical Natural Law Theory, the (...) historically mainstream version, maintain that basic goods are incommensurable but comparable. I make a case for the comparability of basic goods, arguing that commonsense moral intuitions about human flourishing and analysis of how we resolve moral conflicts provide good reasons to affirm that basic goods are comparable and that some goods are more valuable than others. (shrink)

The end of the 1990s witnessed the corporatization of public universities in Malaysia resulting in the publication of corporate literature in these universities and the type of writing Fairclough refers to as the marketization of academic discourse. Marketization is necessary in public universities due to stiff competition in attracting students among the public universities as well as from the increasing number of private universities. This article reports how Malaysian universities re-brand themselves using the results of an investigation on (...) corporate brochures from these universities. The investigation employs a structural analysis and a textual analysis. Although informative in nature, these corporate brochures exhibit the use of promotional elements in the texts as seen in the contents and the language use. The communicative functions of university brochures are viewed to be more promotional than informative. (shrink)

Intellectual leadership indicates the informal leadership of professors based on aspects such as knowledge production and dissemination, institutional services, and public engagement. Academic freedom is considered as the overarching condition for individual academics to develop intellectual leadership. Against the backdrop of internationalisation and globalisation of higher education, academics face enormous pressures to produce measurable research outputs, deliver high-quality teaching and meet all kinds of institutional requirements. In modern universities, women scholars, as the non-traditional participants in academia, must (...) tackle with multiple obstacles and bias brought by gender intertwined with academic discipline features, higher education institutions, and sociocultural characteristics. How do women professors protect, negotiate, or strive for academic freedom? Situated in higher education in Hong Kong, this article aims to explore how epistemological norms, institutional management, and gender influence women scholars’ academic freedom. The author has analysed how sixteen established women professors in humanities and social sciences (HSS) augmented freedom using the cumulative advantage theory. The study finds that women scholars in different sub-groups within HSS had mixed views about freedom and developed diverse patterns to seek freedom for intellectual leadership. (shrink)

One might view the literature on laws of nature as dividing into two camps: the “metaphysical” advocates of laws as objective realities beyond any actual regularities, and the “antimetaphysical” skeptics. Hard-liners in both camps will find much to disagree with in Marc Lange’s Natural Laws in Scientific Practice. I mean that as a compliment to Lange’s work.

Arthur Danto's philosophical writing is replete with literary references. Philosophy is purely a conceptual enterprise, aimed at solving problems about the natures of things precisely where no empirical information is available to settle what they are. Danto chose the philosophy of literature, and in particular the relations between literature and philosophy, as the topic of his 1983 APA Presidential Address. Danto describes “the bottom‐line view of philosophy” that undertakes to develop only via impersonal theses and arguments, and (...) that requires “the suppression of voice” as “abstract, distorted, and surrealistic” in being too severed from our actual experiences as historical and embodied beings. Philosophy, at least as a matter of its defining ambitions and at the highest reach of its achievements, is, in Danto's perception, essentially written for the sake of transfiguration; its very life is lost when its texts are “flattened into papers”. (shrink)

What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. (...) By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct 'intellectual property', the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed 'creatorship' - and originality and it helps to explain the role of intellectual property from a structural perspective. (shrink)

The exhibition is proposing a different reading of the legal text, reading against the grain of pre-conceived structures in order to re-chart the system of our relations with ourselves and with various communities; both territorial communities as well as those constructed ad hoc, based not on blood or territorial ties, but on shared values and beliefs. The exhibition raises the question of how the law literally produces us: both as individuals and as citizens, establishing a framework of our presence in (...) public space as well - its legality or illegality. It also questions the different meanings of a 'civil body', a 'legal thing', or a 'legal slave'. How do legal rituals and narratives influence and shape our existence? Exhibition: Neue Gesellschaft für bildende Kunst, Berlin, Germany (09.03. - 07.05.2017). (shrink)

Whether we think of the routine conviction or acquittal of suspects on the basis of scientific evidence in the law courts, the trust placed in scientific medicine and the extraordinary interventions it makes possible, or the importance that policy makers attach to the opinions of scientists, it is clear that those making up our scientific institutions are among the most authoritative and respected people that there are. Among intellectual endeavours science has an unrivalled dominance in terms of funding, status (...) and influence on practical affairs. However, the days when natural science was widely considered to be a model for the study of the arts and the humanities already seem distant. Indeed the influence of science even within subjects which were conceived of as scientific from their very inception, such as political science and sociology, has waned considerably. Perhaps in economics scientism is still dominant but elsewhere in academia a widespread disillusionment with science has taken hold. Perhaps this is understandable given what were with hindsight the obviously foolish attempts to study everything with the same methodology as is employed in physics. Yet the backlash against a misconceived scientism and reductionism in the study of social life and culture has amounted to more than just a defence of disciplinary boundaries, for critics of science now assail it in its own castles (which they allege are built in the air). (shrink)

Research agendas and academic evaluation are inevitably linked. By means of economic incentives, promotion, research funding, and reputation academic evaluation is a powerful influence on the production of knowledge; moreover, it is often conceived as a universal instrument without consideration of the context in which it is applied. Evaluation systems are social constructions in dispute, being the current focus of international debates regarding criteria, indicators, and their associated methods. A universalist type of productivity indicators is gaining centrality in (...) academic evaluation with profound effects on the content of research that is conducted everywhere. Specifically, evaluation systems based on this type of indicators are sending negative signals to scientists willing to conduct research on contextualized agendas, particularly those negotiated with non scientists. On the basis of theoretical and empirical studies documented on the specialized literature and extensive personal engagement with university research policy in Uruguay, we argue that the consolidation of evaluation practices of alleged universal validity deteriorates and discourages a type of research which is undeniably important in developing contexts. (shrink)

Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...) take up the challenge. In order to understand the nature of the challenge, which confronts us still today, it is helpful to examine central difficulties with Kelsen's own Pure Theory of Law. (shrink)

Thinking about the Enlightenmentlooks beyond the current parameters of studying the Enlightenment, to the issues that can be understood by reflecting on the period in a broader context. Each of the thirteen original chapters, by an international and interdisciplinary team of contributors, illustrates the problematic legacy of the Enlightenment and the continued ramifications of its thinking since the eighteenth century. Together, they consider whether modernity can see its roots in the intellectual revolution of the seventeenth and eighteenth centuries. The (...) collection is divided into six sections, preceded by a comprehensive introduction to the field and the most recent scholarship on the period. Across the sections, the contributors consider modern day encounters with Enlightenment thinking, including Kant's moral philosophy, the conflict between reason and faith, the significance of the Enlightenment of law and the gender inequality that persisted throughout the eighteenth century. By examining specific encounters with the problematic results of Enlightenment concerns, the contributors are able to illuminate and offer new perspectives on topics such as human nature, race, politics, gender and rationality. Drawing from history, philosophy, literature and anthropology, this book enables students and academics alike to take a fresh look at the Enlightenment and its legacy in the modern world. (shrink)

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, (...) fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

Is academic integrity research presented from a positive integrity standpoint? This paper uses Natural Language Processing techniques to explore a data set of 8,507 academic integrity papers published between 1904 and 2019.Two main techniques are used to linguistically examine paper titles: bigram analysis and sentiment analysis. The analysis sees the three main bigrams used in paper titles as being “academic integrity”, “academic dishonesty” and “plagiarism detection”. When only highly cited papers are considered, negative integrity bigrams dominate (...) positive integrity bigrams. For example, the 100 most cited academic integrity papers of all time are three times more likely to have “academic dishonesty” included in their titles than “academic integrity”. Similarly, sentiment analysis sees negative sentiment outperforming positive sentiment in the most cited papers.The history of academic integrity research is seen to place the field at a disadvantage due to negative portrayals of integrity. Despite this, analysis shows that change towards positive integrity is possible. The titles of papers by the ten most prolific academic integrity researchers are found to use positive terminology in more cases that not. This suggests an approach for emerging academic integrity researchers to model themselves after. (shrink)

It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, Hobbes scholars, (...) for the most part, have placed him within the legal-positivist tradition. Indeed, Hobbes is usually regarded as the father of legal positivism. Recently, however, a growing number of commentators has begun to question this traditional classification. Although it is clear that Hobbes is not a natural lawyer of the same mold as Thomas Aquinas, it is, nevertheless, increasingly becoming evident that the traditional characterization of Hobbes as a positivist in the same vein as Jeremy Bentham or John Austin is also incorrect. There are important naturallaw aspects of Hobbes's view that one ignores only at the cost of a proper understanding of his theory of law. (shrink)

Do human beings share a common morality? Natural Law: A Lutheran Reappraisal presents engaging essays from contemporary Lutheran scholars, teachers, and pastors, each offering a fresh reappraisal of natural law within the context of historic Lutheran teaching and practice. Thought provoking questions following each essay will help readers apply key Bible texts associated with natural law to their daily lives.

Given the nature and importance of Islamic banks in recent times, we can expect them to have significant intellectual capital anchored in their Sharia‐based knowledge and expertise. However, we know very little or nothing about how and why intellectual capital‐related information is provided in their corporate reports. We fill this gap in our existing knowledge of the field with a view to enhance relevant literature. As far as we know, this article is one of the earliest (...) exploratory attempts to examine intellectual capital reporting practices of an Islamic bank. We have undertaken a longitudinal (2001–2015) case study related to the intellectual capital reporting practices of an Islamic bank. Key results include significant rise of intellectual capital reporting over time, dominance of internal capital‐related items in intellectual capital reporting profile and the dynamics of changes in intellectual capital reporting practices over time. Through an institutional theory lens, we explain that this is due to the changes in the external institutional environment and various intra‐organisational factors such as strong ethical culture, unique knowledge base (Sharia), and corporate governance regime. (shrink)

In Paradise Wild, David Oates addresses this and many other provocative questions as he explores the persistent myth of Eden from several different angles. As a lifelong mountaineer and reader of nature literature, as a scholar, as a descendant of naturalist William Bartram, and as a gay ex-Baptist who took to the mountains to test his masculinity, Oates has thought deeply about how nature and culture interact in our lives and about the contemporary debate over wilderness and (...) environment. Paradise Wild brings all these elements together in a lively, genre-hopping book that will move readers emotionally and intellectually, at the same time that it contributes to the ongoing debate in scholarly and environmental circles over the meaning of "nature" and "wilderness." Paradise Wild tells stories, explores major scholarship and literature of nature, and analyzes how the misapplied myth of Eden has mired Americans in a hopeless "Paradise Lost" mentality that belies the true, ever-present wildness in our lives. Oates argues that mourning for a lost paradise is a dead end that cannot help us combat the real damage we're doing to ourselves and the rest of the world. He proposes a healthy re-mythologizing of the Eden story as a way of celebrating "wildness" -- the Eden in each moment and in each cell, that cannot be lost. His book is about welcoming that wildness into the midst of daily life. This bold and original work will appeal to general readers as well as to scholars and students with an interest in environmental literature and philosophy, nature writing, cultural studies, and queer studies. (shrink)

Van Rensselaer Potter was the first voice to utter the word “bioethics,” yet he is too little appreciated by the bioethics community. My expectations for my first visit with Professor Van Rensselaer Potter were primed by conversations with leaders and historians of the field of biomedical ethics, including Warren Reich, Al Jonsen, and David Thomasma. When mentioning my interest in environmental ethics and my concerns for the current state of biomedical ethics, I was told that I must meet Van. On (...) my first visit to Madison, Wisconsin, Van met me at the McArdle Laboratories for Cancer Research at the University of Wisconsin, where he spent essentially his entire academic career as a basic oncological researcher. He was dressed informally and driving a rusting1984 Subaru station wagon with a license plate that read YES ZPG. We spent this first portion of our visit at the Institute where he is an Emeritus Professor and has contributed to understanding cancer metabolism as recognized by his election to the National Academy of Sciences. However, Van felt most at home in his shack located outside Madison. This country retreat included a rather primitive hut surrounded by acres of property owned by the family. I felt at the heart of Van's world when I sat in one of a pair of inexpensive plastic outdoor chairs in a particularly secluded part of the woods on the property, the place where Van himself communed with nature. (shrink)

ArgumentThis paper explores the links between the competing scientific, disciplinary, and institutional identifications of social scientists working for international organizations and the nature of the work produced in these establishments. By examining the case of UNESCO's Social Science Department from 1946 to 1955, the paper shows how the initial lack of organizational identification diminished the efficiency and productivity of the Department and slowed down the creation of an international system for research in the social sciences. It then examines how (...) the elaboration of such identification resulted from a period of trial and error during which several national, academic, and scientific models were explored. The paper concludes that only the discourse of “moral sensitivity” kept the Department together at a time when disillusions regarding internationalism, the destabilization of the meaning of nation, and suspicion towards some Western disciplines rendered unacceptable the universalization of a single international social scientific identification. (shrink)

Since political theorist Leo Strauss’s death in 1973, American interpreters have heatedly debated his intellectual legacy. Daniel Tanguay recovers Strauss from the atmosphere of partisan debate that has dominated American journalistic, political, and academic discussions of his work. Tanguay offers in crystal-clear prose the first assessment of the whole of Strauss’s thought, a daunting task owing to the vastness and scope of Strauss’s writings. This comprehensive overview of Strauss’s thought is indispensable for anyone seeking to understand his philosophy (...) and legacy. Tanguay gives special attention to Strauss’s little-known formative years, 1920-1938, during which the philosopher elaborated _the_ theme of his research, what he termed the “theological-political problem.” Tanguay shows the connection of this theme to other major elements in Strauss’s thought, such as the Quarrel between the Ancients and Moderns, the return to classical natural right, the art of esoteric writing, and his critique of modernity. In so doing, the author approaches what is at the heart of Strauss’s work: God and politics. Rescuing Strauss from polemics and ill-defined generalizations about his ideas, Tanguay provides instead an important and timely analysis of a major philosophical thinker of the twentieth century. (shrink)

Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions (...) and institutions of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (shrink)

In the research on the Early Modern Period distributed among various disciplines – history, religion, philosophy, law, literature –, there is no doubt that Samuel Pufendorf (1632–1694) was one of the outstanding representatives of modern, secular natural law, whose work had an impact over a century that can hardly be overestimated. When did the research development associated with Pufendorf’s name begin? The article examines this question from the perspective of history of science using the example of the jurisprudence dissertation (...) of Hans Welzel (1904–1977), which appeared in a partial print in the DVjs in 1931. (shrink)

In a world that celebrates academic institutions as the pinnacle of knowledge, progress, and enlightenment, the reality is far grimmer. Academia has become a self-serving oligarchy that imposes ideological conformity, restricts intellectual freedom, and manipulates public consciousness under the guise of “progress.” Far from being a champion of open inquiry, academia operates as the most insidious oppressor in American society, exerting control over public discourse, dictating acceptable beliefs, and marginalizing any who dare to dissent. In its thirst for (...) dominance, academia has transformed from a place of learning to a vehicle for intellectual tyranny, where it imposes its own rigid worldview and stifles diversity of thought. -/- In an imagined reinterpretation of The Apology, Socrates stands accused not merely of corrupting the youth of Athens but of something far more subversive: defining the word “oppressor” and exposing the façade of modern academic power structures. Socrates faces a tribunal of academic elites, his only crime a relentless quest for truth. He has introduced the concept of an “unmoved mover”—an entity not swayed by the ideological tides of his accusers. In our age, this unmoved mover might be called "truth" or "justice," yet the academic establishment brands it as “God,” something feared for its unwavering judgment against their hypocrisy. Through Socrates, we examine academia itself as the ultimate oppressor, an institution that defines and manipulates reality to preserve its power. (shrink)

Top down as well as bottom-up models of regulation are shifting to a governance paradigm characterized by the greater interaction among public, private and civil society sectors, as well as potential increased flexibility of law. As applied to intellectual property, particularly in the international context, governance literature is emerging but still episodic. In this Article, I examine the World Intellectual Property Organization’s Development Agenda, currently being implemented through its Committee on Development and Intellectual Property. WIPO’s efforts (...) to address global development goals with intellectual property can be theorized through the more participatory and dynamic legal mechanisms promised by global governance. Among the challenges are fragmentation, policy incoherence and a relative lack of due process of softer law, as enacted and as enforced. The pragmatic impact of this major WIPO initiative — evaluated both in terms of the projected benefits and risks of global governance — remains to be seen. (shrink)

The Toronto experience suggests that there may be several general lessons for academic health sciences complexes to learn from the Olivieri/Apotex affair regarding the ethics, independence, and integrity of clinical research sponsored by for profit enterprises. From a local perspective, the OAA occurred when there already was a focus on the complex and changing relationships among the University of Toronto, its medical school, the fully affiliated teaching hospitals, and off campus faculty because of intertwined interests and responsibilities. The OAA (...) became a catalyst that accelerated various systemic reforms, particularly concerning academic/industry relations. In this article, the evolving governance framework for the Toronto academic health sciences complex is reviewed and these policy and process reforms discussed. These reforms have created collaborative activity among research ethics boards and contract research offices of the partner institutions, and allowed the joint university/hospital ethics centre to play a role in governance and policy, while respecting the missions and mandates of the involved institutions. Although few of the policies are dramatically innovative, what is arguably novel is the elaboration of an overarching governance framework that aims to move ethics to a central focus in the academic complex. Time alone will tell how sustainable and effective these changes are. (shrink)

With growing vigor, political philosophers have started questioning the Westphalian system of states as the main actors in the international arena and, within it, the doctrine of Permanent Sovereignty over Natural Resources. In this article I add to these questionings by showing that, when it comes to migratory natural resources, i.e., migratory species, a plausible theory of territorial rights should advocate a regime of shared sovereignty among states. This means that one single entity should represent their interests and maybe also (...) those of third parties, managing and making decisions over the resource as a whole. Although such a regime might be the tacit goal of existing international conventions regarding wildlife, it remains untheorized in political philosophy and largely under-theorized in international law. By presenting the critical situation of the monarch butterfly in North America, I point to the inadequacy of the compartmentalized current regime, which generates injustice in migration; namely, the phenomenon whereby range states of a given species may neglect or over-exploit it while in their territory, to the detriment of others. I suggest that more flexible and imaginative governance arrangements are needed to deal in a better way with these and similar natural resources. (shrink)