후설 현상학은 제일철학적 철저주의의 이념에 의거하여 절대적 근원성의 해명을 추구한 철학이다. 이에 따라 후설 현상학이 궁극적으로 밝혀낸 절대적 근원성은 바로 선험적 주관성의 생생한 현재이다. 이 선험적 주관성의 생생한 현재는 모든 시간을 구성하는 근원시간화로서의 선시간적 근원성이다. 다시 말해 생생한 현재는 최초의 시간화인 자기현재화로서의 자기시간화를 통한 선험적 주관성의 시간적 자기구성의 가능 근거로서 궁극적으로 기능하는 근원자아이다. 이뿐만 아니라 생생한 현재는 모든 대상성을 시간위치적으로 시간화된 시간객체로서 구성하는 선험적 주관성의 시간적 대상구성의 가능 근거로서 궁극적으로 기능하는 근원자아이다. 이러한 생생한 현재는 시간화된 이후에야 비로소 성립하는 선험적 주관성의 (...) 현상학적 자기반성의 가능 근거로서 궁극적으로 기능하는 선반성적 자기동일성이다. 그런데 이러한 생생한 현재는 시간화 이전의 선시간적 근원성으로 인해 결코 반성적으로 대상화되어 파악될 수 없는 절대적 익명성을 지닌다. 따라서 이러한 생생한 현재는 반성적 자기의식의 인식론적 자기관계로써 이해될 수 없고, 선반성적 자기의식의 존재론적 자기관계로서 이해될 수 있다. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CHRIST, MORAL ABSOLUTES, AND THE GOOD: RECENT MORAL THEOLOGY* SERVAIS PINCKAERS, O.P. University of Fribourg Fribourg, Switzerland I CARLO CAFFARA'S Living in Christ (which appeared in Italian in 1981) was well worth the translating. It presents a fairly complete exposition of Christian moral teaching in a readable style and convenient format and provides principles needed to address the ethical problems most widely discussed today. It is a synthesis of (...) traditional basic ethics which has been revised in the light of profound reflection on values and broa,dened to include the contributions of Christian revelation and tradition. Because of these factors, this book helps us to understand recent stances of the Magisterium towards moral problems by attempting to show the motivations behind these stances. Compared with ethics manuals used in Catholic teaching during recent centuries, this work indicates considerable progress on both philosophical and theological levels and thus responds to the Council's express desire for a renewal of moral theology. The author's reflection focuses on the philosophy of values, *Books considered in this essay: Carlo Caffara, Living in Christ: Funda· mental Principles of Catholic Moral Tea,ching, trans, Christopher Ruff (San Francisco: Ignatius Press, 1987); William E. May, Moral Absolutes, Catholic Tradition, Current Trends and the Truth (Milwaukee: Marquette University Press, 1989) ; Eberhard Schockenhoff, Bonum Hominis: Die anthropologischen und theologischen Grundlagen der Tugendethik des Thomas von Aquin (Mainz: Matthias-Grunewald-Verlag, 1987). 117 118 SERVAIS PINCKAERS, O.P. which he directs to the consideration of the human person. Moral Vialue, the first 'given' of human experience, is specific to the person and can be defined as the development of man qua man aecording to his own nature. Va1ues are reflected in the moral norms which manifest them and receive from them their universality and unchangeable character. They extend into the judgment of conscience, which a:gplies them to a concrete person in the particular circumstances of his action. We thus have a personrulistic view of morality, whose objectivity and truth are rooted in the exigencies of reason in conformity with the dignity of the free and responsible person. The natural law, written in the human heart and inscribed by the God of the Covenant on the two tables of the deoologue, brings out in relief the fundamental commandments. This exposition of momlity is at the same time frankly Christian and reintrodu.ces important dimensions into Catholic moral teaching. The neglect of these dimensions in classic manuals could 1egitimately be deplored; too great a separation was effected between moral and dogmatic theology, spirituality and Scripture. But here all you need do is look at the table of contents to realize the care with which the author has reopened the lines of communication, not only on the ideological level but also on the basis of Christian experience, which undergirds the entire study. This comes through notably at the end of eruch chapter, in lengthy quotations from spiritual authors entitled " Meditation of the Bride." To summarize briefly, the book is divided into three parts: I. The Foundation: the Fundamental Principle of Christian Ethics; II. The Mediation: Living in Christ in History; III. The Response: the Actualization of Life in Christ. Part I shows the Trinitarian dimension of Christian morality : it is a life in Christ, a development of union with His person begun in Baptism, growing under the ruction of the Holy Spirit and his Gifts, reaching to the glory of the Father who called him in creating him. Thus morality is itself explicitly Christian. The author RECENT MORAL THEOLOGY 119 brings things to a climax by showing how in God's historical design the moral life, which proceeds from the dignity of man, finds its fulfillment in man's consent to the creative action which has destined him to share in the divine life, freely offered in Christ. The act whereby God wills us to be persons is the same act by which He orders us to Himself. Our predestination in Christ is, therefore, the ultimate foundation of morality, the definitive guarantee of respect for the person and of the commandment that we should love others as God loves us. Part II treats of the " mediations " of the moral... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:80 HISTORY OF PHILOSOPHY AVERROES' Quaesitum ON ASSERTORIC (ABSOLUTE) PROPOSITIONS UNTIL 1962 ONLY ONE logical work of Averroes existed in print in the original Arabic? At this late date, D. M. Dunlop published the Arabic text of the short tract by Averroes on the modality of propositions with which we shall be concerned here.' The text published by Professor Dunlop forms part of a collection of treatises by (...) Averroes which has long been known to exist in the immensely valuable collection of Arabic manuscripts of the Escorial Library, near Madrid.' The collection is simply entitled Mas~'il (Questions),' faithfully reflected in the rubric of Quaesita under which several of these treatises are given in Latin versions in the sixteenth-century editions of.4ristotelis Opera cure.4verrois Commentariis. The particular treatise published by Prof. Dunlop deals with the problem of the relationship of assertoric propositions to the modalities of possibility and necessity. This treatise has been accessible for over four centuries in two printed Latin versions, made in Renaissance times from medieval Hebrew translations. The earlier of the Latin versions was made by a Jewish scholar, Ella del Medigo, for the Renaissance luminary Giovanni Pico della Mirandola, and was printed in the very rare Aldine incunabulum edition of the Quaesita Averrois in librum priorum (analytiorum Aristotelis) (Venice, 1497). A second Latin translation was made by Abraham de Balmes (d. 1523): and printed in several editions of the Juntine Latin Aristotle (Venice, from 1590): From these versions the main substance, at any rate, of Averroes' xMaurice Bouyges, ed., Averroes: Talkh~ Kitdb al-Maqouldt ("Middle Commentary on Aristotle 's Categoriae") Beyrouth, 1932 (-- Vol. IV of Bibliotheca Arabica-Scholasticorum, S6rie Arabe). sD. M. Dunlop, "Averroes (Ibn Rushd) on the Modality of Propositions," Islamic Studies (Journal of the Gentral Institute of Islamic Research, Karachi), Vol. I (1962), 23-34. sMichael Casiri, Bibliotheca Arabico-Hispana Escurialensis (2 vols., Madrid; 1760, 1770), No. 629; Hartwig Derenbourg, Les Manuscrits Arabcs de l'Escurial (3 vols., Paris; 1884, 1903, 1928), No. 632. ' Prof. Dunlop states that "another copy" of the Masa'il (presumably made from the Escorial MS?) exists in the Biblioteca Nacional in Madrid (No. 102 in the catalog of Robles). For information about this translator, see Bayle's Dictionary, art. "BALMIS, Abraham de," where note (B) describes some complaints about his translations from Hebrew to Latin. (I owe this reference to Prof. Richard Popkin.) Note (I) of Bayle's article on "AVERROES" gives some data concerning the Renaissance translations of Averroes, citing inter alia the opinion expressed by Keckermann in his PraecognitisLogicis (II, 2, nb. 32): "How much all Philosophy is indebted to Averroes, can then only be known, when God shall raise up a Genius, who will free our Latin Translations of him from the unintelligible Barbarisms everywhere to be met with, and render him in That Language, in a style, at least tolerable, and intelligible, for the Use of Students in Philosophy." eAristotelis Opera cure Averrois Commentariis, Vol. I. The edition of 1562 is now readily accessible in a photoreprinting made in Frankfurt am Main in 1962, and contains the "Averrois varii generis quaesita in libros logicae Aristotelis, Abramo de Balmes interprete," pp. 75 verso--- NOTES AND DISCUSSIONS 81 Quaesitum has been determinable.' The present, reasonably literal translation of the Arabic text should facilitate the work of anyone wishing to form his own judgment about the character of the Latin versions of Averroes' logical treatises, or at any rate the not insignificant number of them that came from the pen of Abraham de Balmes. The Latin version in the present instance is, on the whole, literal to the point of obscurity. It is punctuated by occasional strange, and sometimes ludicrous renderings--as, for example, at 27:6, where "not used in the art of rhetoric" becomes "non uterent agricolae"l Occasionally the Latin incorporates a marginal explanation within the text (e.g., at 29:10), and sometimes it omits phrases of the Arabic text. In general, it is significantly more difficult to derive from the Latin than from the Arabic an exact idea just what it is that Averroes had in mind. Unquestionably the most interesting aspect of Averroes' treatise is the light it sheds... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Isaac Barrow on the Mathematization of Nature: Theological Voluntarism and the Rise of Geometrical OpticsAntoni MaletIntroductionIsaac Newton’s Mathematical Principles of Natural Philosophy embodies a strong program of mathematization that departs both from the mechanical philosophy of Cartesian inspiration and from Boyle’s experimental philosophy. The roots of Newton’s mathematization of nature, this paper aims to demonstrate, are to be found in Isaac Barrow’s (1630–77) philosophy of the mathematical sciences.Barrow’s attitude (...) towards natural philosophy evolved from his earnest interest in medicine of around 1650, when a young Cambridge graduate, to natural philosophy (apparently under Henry More’s influence); from his thesis on the insufficiency of the Cartesian hypothesis to geometrical optics and the strong program of mathematization of natural philosophy of the middle 1660s; from Lucasian professor of Mathematics to Chaplain of his Majesty and eminent Restoration divine. Contemporary accounts of Barrow’s life suggest that he grew ever more skeptical about the worth of natural philosophy and mathematics. 1 In his last years he became a prolific [End Page 265] author of sermons and theological works. Published shortly after his death by John Tillotson (1630–94), later archbishop of Canterbury, they occupy over two thousand folio pages. Overloaded with involved philosophical arguments, Barrow’s sermons were apparently not very popular, but they were highly regarded by scholars and the Anglican hierarchy. 2 It is on certain of his sermons, as well as on the philosophical discussions contained in the Mathematical Lectures that our account of Barrow’s philosophy of the mathematical sciences will rest. 3 Barrow’s understanding of the mathematical sciences will allow us to discuss together three issues often analyzed independently: the theological background to English natural philosophy, the changing notion of mixed mathematical sciences during the seventeenth century, and finally the philosophical foundations of modern geometrical optics.It has long been recognized that significant relationships exist between theological voluntarism or intellectualism and views on natural philosophy. In particular Robert Boyle’s theological voluntarism is seen as grounding his experimentalist approach to natural philosophy. It is not quite so clear, however, how well theological voluntarism may relate to a strong program of mathematization such as the one embodied in Newton’s Principia Mathematica. In fact it has been suggested that the relationship is a negative one. This is derived from the necessary character of mathematical laws, which would put unwanted restrictions on God’s absolute dominion over nature, and also from the notion that theological intellectualism is conducive to a deductive, a priori science—the paradigm of which is of course geometry. However, Barrow’s theological voluntarism lead him to heighten the role of mathematics within natural philosophy.During the seventeenth century the so-called mixed or subalternate mathematical sciences changed profoundly. In the Enlightenment mixed mathematics—meaning above all rational mechanics—became one of the most prestigious and influential disciplines. The mixed mathematics of the Enlightenment, however, was markedly different from the Aristotelian [End Page 266] mixed mathematical sciences. The differences are noticeable both in the subject matter and in the substitution of mathematical infinitesimal analysis for geometrical synthesis, but also in the way of grounding mathematical theory on empirical evidence. Barrow’s Mathematical Lectures (delivered at Cambridge from 1664 to 1666) offer a fresh insight into the metamorphosis of these sciences just when Newton’s “mathematical principles” were in the making. Not the least interesting feature of Barrow’s discussion is that God’s omnipotence allows an evaluation of the truth of mathematical theories that do not apply to this world. Therefore, Barrow is led to introduce the distinction between the internal consistency, or mathematical truth, of a mathematical theory and its physical truth. This, in turn, leads him to the notion that theories need testing.Barrow on Matter and GodRecent literature has established significant correlations between theological voluntarism and empiricism, as well as between theological intellectualism and rationalism. As E. B. Davis writes, “the Christian doctrine of creation is a dialogue between God’s unconstrained will, which utterly transcends the bounds of human comprehension, and God’s orderly intellect, which serves as the model for the human mind.” Intellectualist theology considers God’s omniscience His... (shrink)

What corresponds to the present-day ‘transcendental-pragmatic’ concept of ultimate grounding in Hegel is his claim to absoluteness of the logic. Hegel’s fundamental intuition is that of a ‘backward going grounding’ obtaining the initially unproved presuppositions, thereby ‘wrapping itself into a circle’ – the project of the self-grounding of logic, understood as the self-explication of logic by logical means. Yet this is not about one of the multiple ‘logics’ which as formal constructs cannot claim absoluteness. It is rather a fundamental logic (...) that only makes logical textures possible at all and so owns transcendental character. The non-contradiction-principle is an example for this. Es- sential is that it is ‘under-cover-effcient’ as soon as meaningful concepts are used. Self-explication of the fundamental logic then means explicating its implicit under-cover validity, in fact by means of the fundamental logic itself. As is shown this is the affair of dialectic which thereby is to be understood as ultimate grounding of the fundamental logic. This is analyzed in detail using the example of the being/non-being-dialectic. As is demonstrated each explication step generates a new implicit issue and therewith a new explication-discrepancy inducing an antinomical structure that anew forwards the explication procedure. So this is entirely determined by itself. Decisive for the ultimate grounding argumentation is that thereby an objectively verifyable procedure is found, which is apparently possible only in a Hegelian framework. In contrast the immediate evidence of a speech act claimed by the transcendental-pragmatic position has only private character, which is grounding-theoretically irrelevant. (shrink)

Professor Davidson's anomalous monism has been subject to the criticism that, despite advertisements to the contrary, if it were true mental properties would be epiphenomenal. To this Davidson has replied that his critics have misunderstood his views concerning the extensional nature of causal relations and the intensional character of causal explanations. I call this his 'extension reply'. This paper argues that there are two ways to read Davidson's 'extension reply'; one weaker and one stronger. But the dilemma is that: (...) (i) the weak extension reply on its own isn't sufficient to support the principle of the nomological character of causality, (ii) anything strong enough to support that principle under the weak extension reply would be strong enough to warrant the strong extension reply; but (iii) the strong extension reply threatens the very stability of anomalous monism by threatening the causal potency and reality of the mental. For these reasons, I claim that either version of the 'extension reply' is bad news for anomalous monism. I conclude by suggesting that a form of absolute idealism circumvents the very assumptions that generate these kinds of difficulty for committed monists. (shrink)

This paper addresses the impact that the ever-growing involvement of scientists in knowledge-sharing practices by means of social media might have on the material conditions under which academic labour-power reproduces itself. Science communication is advocated for on the basis of its supposedly altruistic character, so scientists are prevented from expecting any form of remuneration ensuing from it. However, as our Marxian-informed analysis of the determinations of the value of the commodity labour-power will elucidate, this novel duty involves the exertion (...) of an additional quantity of work by academics, owing either to the relative complexation of the productive attributes requisite to use social media efficiently, or, particularly, to the accelerated pace at which scientists’ working capacity becomes productively consumed, both in absolute (extension of working hours) and in relative (work intensification) terms. It will be demonstrated that, as science communication via social media brings about an increase in the value of scientific labour power, wages must be raised so as to preserve science labourers in their normal condition. The article will further throw into relief that the political action of scientists themselves stands as the more general mediation for this innermost necessity of the capitalistic relationship of production to assert itself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 189-206 [Access article in PDF] First Philosophies and Regressive Philosophy Chaïm Perelman "As a crystal reconstitutes itself from one of its particles, all philosophy creates itself from the idea of an open dialectic, and carries, in itself, the same dialectical character." —Ferdinand Gonseth A number of metaphysicians, including Bergson and Heidegger, consider metaphysics the only knowledge of consequence and use the word to (...) refer to their own philosophies. But a large number of eminent metaphysicians, among them Descartes, Spinoza, Kant, Fichte and Hegel had only disdain for metaphysics and used the word to discredit the philosophy of their adversaries. D'Alembert (602-604) once noted that those referred to as metaphysicians had little regard for one another. "I have no doubt," he added, "that this title will soon be an insult to our great minds, just as the name sophist which, although it meant wise, was debased in Greece by those who bore it and rejected by the true philosophers."The preceding remarks should, I think, convince the few who would still doubt it that declaring oneself an adversary of metaphysics does not mean that one does not do metaphysics. On the contrary, the very fact of opposing a certain conception of metaphysics presupposes that one advocates another conception of metaphysics; this needs to be made explicit, if it is only implicit. In a very interesting study, Mr. Everett W. Hall has recently analyzed the metaphysical assumptions of four types of positivism (Mach, Comte, Watson, Carnap). Even without this analysis the conclusion is predictable; he who is opposed to a certain manner of treating a problem remains himself within the same problematic. Indeed, such oppositions produce a continuous expansion and dialogue about the meaning of the word "metaphysics." This happens not through an automatic and necessary dialectic, but through the dialectic directed by the philosopher's concerns.The first metaphysicians set forth a particular philosophy of being [être]; those opposed advocated a different philosophy of being. By expanding its meaning, Aristotle gave metaphysics its first dialectical movement and identified it as the study of being as being and ontology. Kantian criticism treats dogmatic metaphysics with disdain, and shows that all theories [End Page 189] of being must be preceded by a theory of knowledge: the first principles of philosophy would be those of epistemology and not those of ontology. Since Kant, and for more than a century, metaphysical debates would be about the primacy of ontology or epistemology, and the opposition to their variants, realism and idealism. Then, at the end of the nineteenth century, the debate broadened. Under the influence of pragmatism, the philosophy of values, and Bergsonism, a strong current of philosophical thinking developed, which integrated the theory of knowledge into a general theory of action. It proclaimed the primacy of a philosophy of action, philosophy of life, and philosophy of values. It is within a metaphysics broadened by these various developments that different conceptions of metaphysics will struggle to establish the primacy of their principles. But, despite their differences, all of these metaphysics can be considered first philosophies.Aristotle wrote a treatise on first philosophy, the first to be called metaphysics. First philosophies refer to any metaphysics that purports to determine first principles such as the fundamentals of being (ontology), of knowledge (epistemology), or of action (axiology). First philosophies position first principles as absolute and that they underlie all philosophical questions. The word "first" informs the argumentation used to establish the primacy of first philosophies. A principle is first when it comes before all others in a temporal, logical, epistemological or ontological order; the insistence on this point serves to emphasize its primacy or axiologic pre-eminence. That which is first or basic, that which precedes or presupposes all the rest, is also first in order of importance.As systematic metaphysics, first philosophies establish an interdependence among ontology, epistemology, and axiology. The course taken by first philosophies is determined by a starting point constituted by a necessary reality, a self-evident concept, or an absolute value before which one can... (shrink)

Kerstin Thomas revaluates the famous dispute between Martin Heidegger, Meyer Schapiro, and Jacques Derrida, concerning a painting of shoes by Vincent Van Gogh. The starting point for this dispute was the description and analysis of things and artworks developed in his essay, “The Origin of the Work of Art”. In discussing Heidegger’s account, the art historian Meyer Schapiro’s main point of critique concerned Heidegger’s claim that the artwork reveals the truth of equipment in depicting shoes of a peasant woman and (...) thereby showing her world. Schapiro sees a striking paradox in Heidegger’s claim for truth, based on a specific object in a specific artwork while at the same time following a rather metaphysical idea of the artwork. Kerstin Thomas proposes an interpretation, which exceeds the common confrontation of philosophy versus art history by focussing on the respective notion of facticity at stake in the theoretical accounts of both thinkers. Schapiro accuses Heidegger of a lack of concreteness, which he sees as the basis for every truth claim on objects. Thomas understands Schapiro’s objections as motivated by this demand for a facticity, which not only includes the work of art, but also investigator in his concrete historical perspective. Truth claims under such conditions of facticity are always relative to historical knowledge, and open to critical intervention and therefore necessarily contingent. Following Thomas, Schapiro’s critique shows that despite his intention of giving the work of art back its autonomy, Heidegger could be accused of achieving quite the opposite: through the abstraction of the concrete, the factual, and the given to the type, he actually sets the self and the realm of knowledge of the creator as absolute and not the object of his knowledge. Instead, she argues for a revaluation of Schapiro’s position with recognition of the arbitrariness of the artwork, by introducing the notion of factuality as formulated by Quentin Meillassoux. Understood as exchange between artist and object in its concrete material quality as well as with the beholder, the truth of painting could only be shown as radically contingent. Thomas argues that the critical intervention of Derrida who discusses both positions anew is exactly motivated by a recognition of the contingent character of object, artwork and interpretation. His deconstructive analysis can be understood as recognition of the dynamic character of things and hence this could be shown with Meillassoux to be exactly its character of facticity – or factuality. (shrink)

For some time it has been fashionable in literary circles to reject what is called scornfully the biographical method. It was inevitable. No mode lasts forever. Sooner or later, there is a change. This method was the law for too long. It had no rival. Under its tutelage the motto for teaching literature was “the man, his work”. It was by its authority that students were taught that La Fontaine was in charge of waterways and forests and master of the (...) hunt before writing his Fables, that they had to learn by heart; or that Beaumarchais had been a clockmaker, musician, secret agent and business man before inventing the character of Figaro, proposed for their admiration. There has been a reaction. Our irreverent and contentious age has put an end to that absolute sovereignty. For a good quarter of a century this practice and the assumptions on which it rests has been on trial, in the name of the various and at times even contradictory conceptions and theories about the nature of literature. These have in common, however, the belief in the independence of literature with regard to the human being who was the instrument of its creation, as well as the anathema cast by this fact on what is commonly accepted as “referential illusion”. (shrink)

Even though he generally agrees with Chrysippus on the matter of the ontology of passions, Seneca differentiates mainly in his emphasis that passions are the reason why man leads an inauthentic, unhappy and undignified life. Although Seneca is a very orthodox Stoic, in most of the cases where his stoic credibility is challenged, he resorts to a therapy plan that exceeds the usual stoic strictness on the absoluteness of the status of the sage. In this scheme, the Roman philosopher employs (...) practical techniques that refer to the ordinary man, the man who rationally desires to change his merely-being into well-being. This shift of focus is partially explained through the social orientation of the moral context: man is not alone while achieving his perfection of character; there are others who need to be helped, so that the pursuit of wisdom becomes a pananthropic effort, not an act of alienation. Since moral success is connected with the other person in such a manner, it is not a paradox that it needs to start from within, from the nucleus of personhood. The role of individuality is particularly stressed, especially on the premises that man first ought to make this constant and conscious effort to help himself, to cure his own soul, often with the aid of others who share the same path, before he attempts to be engaged in the therapy of the passions of others. Under this prism, the senecan proposal for the therapy of passions leads to a practical culmination where man is not only bound to achieve his ontological excellence but also to relieve his soul from the traumas of passions and to connect himself with the moral and existential safety that the presence of “recta ratio” guarantees. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and PhilosophyMartin WarnerPeter Ramus continues to muddy the waters where philosophers meet rhetoric. Aristotle defined rhetoric in terms of the modes of persuasion as an independent discipline, the counterpart of dialectic. Ramus’s sixteenth century revision of the intellectual map reclassified it as at best an adjunct of dialectic, to be conceived in terms of elocutio and pronunciatio, an approach that in the English-speaking world led to its reduction (...) to mere ornamentation—the application of figures and tropes—opening the way to Stoppard’s (anachronistic) debasement: 1Guildenstern: What in God’s name is going on?Rosencrantz: Foul! No rhetoric. Two-one.Both approaches are current, which makes for confusion. Two characteristic examples will suffice. The approach to rhetoric of Jeff Mason’s Philosophical Rhetoric is broadly Aristotelian but Roger Crisp’s review criticizes the book on the ground that “some philosophers just do not employ rhetorical techniques,” techniques which are broadly identified with the figures and tropes. Similarly, my own introduction to The Bible as Rhetoric opens by defining rhetoric in Aristotelian terms, but the Times Literary Supplement reviewer—evidently a closet Ramist—takes one of my contributors to task for using the word “rhetoric” in his title but providing “very little in the way of an examination of... linguistic features.” 2These examples illustrate the way two main conceptions of rhetoric appear to be at play when philosophers discuss the topic; one is concerned with the means of persuasion, the other with qualities of [End Page 106] style. Of course these cannot always easily be separated, for it may be that certain qualities of style figure prominently among the available means of persuasion, but a useful test of the conception an individual has of the topic may be judged by how he or she reacts to the (deliberately provocative) opening sentence of my introduction to The Bible as Rhetoric: “Rational argument is one of the most effective rhetorical modes we know.” Mason’s conception of the “plain style” of the philosophical logicians as rhetorical style fits this Aristotelian approach well, but for the more Ramist Crisp such examples are “unlikely candidates” for rhetorical status and Mason’s conception “forced.” So it may be as well to consider contemporary work on the philosophy/rhetoric borderline under two heads: the Ramist and the Aristotelian. But that borderline itself invites a further distinguo; philosophical analysis of rhetoric and rhetorical analysis of philosophy, though this distinction, too, is not absolute. This gives us a convenient set of quadrants, so for expository purposes I shall consider the contemporary relations between rhetoric and philosophy under four main heads.First, philosophical analysis of “rhetoric” understood in a stylistic or Ramist sense. Here the most significant work has been on metaphor, conceived as a “trope,” and related rhetorical devices. Whereas with “figures” the meaning of each individual word remains the same inside the figure as outside it, with the trope the matter is different. Quintilian defined a “trope” (or “turn”) as “the artistic alteration of a word or phrase from its proper meaning (significatione) to another,” 3 which suggests that use can determine meaning—and with this claim we are at the heart of a philosophical storm centre.It is conventional to distinguish between syntax (the study of formal relationships between expressions), semantics (in the narrower sense, as the study of the relations between linguistic items and the non-linguistic items to which they typically apply), and pragmatics (the study of the relations between linguistic expressions and the use or users of these expressions). One very powerful strand in contemporary philosophy of language sees matters concerning meaning and truth as analyzable in terms of the first two categories without any essential reference to linguistic use or users. Behind this lies a history going back at least to the Enlightenment project of a universal language or “character” in which each word would relate to a different idea and the syntax be transparent; Leibniz’s logical work was in part intended as a contribution to the syntax of the universal character, and although the semantics proved intractable, the logical positivist movement—with post-Leibnizian [End Page 107] logical syntax providing the framework within which... (shrink)

The antithesis between paganism and Christianity is usually resolved, in current opinion, into the theological antithesis between polytheism and monotheism. But a religious life means more than mere theology, and one has the right to ask oneself what is, in reality, the religious character of paganism.Between polytheism and monotheism, the enotheism of Max Muller (and of F. W. J. Schelling) is not a mean term, and still less a moment of transition from one to the other, for the simple (...) reason that it is situated on a different plane. In the fervour of prayer, under the impulse of devotion, the believer is so absorbed in the thought of the God he is adoring at that very moment-this is described as enotheism-that for him, at that moment, it is as if no other god existed. This will not prevent him, at another moment, from consecrating himself with equal fervour to the adoration of another god. The famous Egyptian hymn inspired by the religious ideas of Amenophis IV, and which invokes Aten, the Sun, as “sole God,” is just as far from true monotheism with its absolute negation of every divine being except the One, as are the Vedic hymns in which Indra is celebrated as the god “besides whom there are no others” (Rig-Veda, VI 21.10; cfr. I 81.5; 165.9; IV 30.1; VII 32.23). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric on the Bleachers, or, The Rhetorician as MelancholiacPhilippe-Joseph SalazarThose who cannot remember rhetoric are condemned to repeat it.*French philosopher Jacques Bouveresse (2008) asks, in his most recent book, Why is it that we think we need literary works, in addition to science and philosophy, to help solve moral questions? As one reviewer notes, this comes as a surprise from a man “better known as a specialist of Wittgenstein, (...) who has always defended philosophy, often with scathing irony, against brainless realism, and, in any case, defended the prerogatives of a reason reasonably attentive to reality, a defense that led him to dismiss relativism and its mixing up of truth and verifiability with fallacy and verisimilitude” (Maggiori 2008). 1Bouveresse, who holds the chair of the philosophy of language and knowledge at Collège de France, and whose elevation to this hallowed professorship was portrayed as a revenge of sorts against Jacques Derrida, is not unimportant for those in rhetoric studies who have an interest in philosophy as well.2 He is the one who, with indeed scathing irony, unraveled the rhetorical stakes of the unrivaled Sokal truancy against Social Text (Bouveresse 1999), namely, how analogy provides a common ground for the literary and the scientific within public discourse.3Bouveresse (1999, 129) recalls, tongue in cheek, how that famed connoisseur in manipulations, [End Page 356] Alexander Zinoviev, explains, in The Yawning Heights (1979), that sciences produce their own “doubles” for the sake of public argument. The literary use of scientific analogy mimics the way in which ideology has to produce its own “doubles” in order to exist in public consciousness.For Bouveresse, literary intellectuals, and some philosophers, manufacture doubles of science because our life is lived under the shadow of science insofar as it has something to say about everything we do as moral agents or think in terms of practical reason. Analogy rules therefore by a popular demand for science. To question analogy in relation to ethics—belief and opinion, custom and habitus, temperament and character—under the gaze of the massive presence of science in public discourse (from campaign claims of “experience” to policy claims made on the basis of scientific knowledge) is at once to engage with rhetoric.4 It is to ask the question: Why do we feel that, alongside science, philosophy, and works of fiction, we need to listen to that double, “speeches,” to solve ethical problems?However, at this juncture, or crossroad where doubles point in various directions, rhetoricians have a choice among four attitudes, or four paths (to put it in Heideggerian fashion). Faced with the real, moral dangers inherent to analogy, one can (like Bouveresse) be combative and assert reason’s prerogative against the sophistry of doubles; one may defend analogy as morally grounded or even a means to resistance (hence, the moral incentive Bouveresse now attaches to fiction); one may argue for a culture replete with figurations (by and large, a matter of religious belief and faith as truth, which necessitates an analogical reading of this debased reality called “the world”); or one may, having already played on these teams, decide to stay on the bleachers, watch players of this three-cornered game, and fall into melancholy.Thomas Farrell was, I think, a melancholic rhetorician. I do not mean he was not here and there combative, or sanguine, or controversial, merely that from his writings emanates a stubborn melancholy regarding the destiny of rhetoric, or, to recall the epigram placed, ironically, at the top of this essay: “Those who cannot remember rhetoric are condemned to repeat it.” In essence, our public is a-rhetorical; it evolves in a world of instant communication, of short-lived prudence, of ever-disappearing persuasion, while, at the same time, it is made to cling to opinions raised to standards of absolute value and unnegotiable belief. The main reason why rhetoric is no longer a technē lies in this tension. It cannot be a technē because [End Page 357] its rules and artifacts are divorced from culture. It cannot be an epistēmē because its productions are singular constructions.Rhetoricians are not rhetors, and rhetors have long vanished. Indeed, there are eloquent... (shrink)

What better way to celebrate, commemorate, critically reflect on, and think through Fanon’s The Wretched of the Earth fifty years after its publication with a new North African syndrome: Revolution—or at least a series of revolts that continue to rock regimes across North Africa and the region. Fanon begins The Wretched writing of decolonization as a program of complete disorder, an overturning of order—often against the odds— willed from the bottom up. Without time or space for a transition, there is (...) instead an absolute replacement of one “species” of humanity by another. In periods of revolution, like the one we are experiencing today, such absolutes appear quite normal. Indeed, radical change becomes the “new normal” and the idea that revolutionary change is impossible is simply the rantings and ravings of the conservatives and reactionaries of the ancient regime. Too long buried under the weight of the tomes of academic discourse, Fanon has been resuscitated by the new dawn of North African revolutions. To celebrate Fanon, the revolutionary, all of a sudden seems contemporary and pertinent, while the musings of the critics who consigned him to postcolonial oblivion seem out of touch. But rather than continuing the painstaking work of exhuming Fanon from the postcolonial burial site, let us turn a commemoration of Fanon into an event. Indeed, why assume that a commemoration of Fanon after fifty years is not critical? Moreover why begin a contemporary engagement with Fanon assuming a priori the limits of his thought? Indeed, where to begin is a philosophic question. It is a question of “intention” as Edward Said puts it in one of his most radical and Vicoian works. Beginnings are revolutionary, implying return and repetition and, following Said, “a sort of historical dialectic that changes its character and meaning.” Vico, Said argues “said that the word human comes from root to bury ” suggesting that “his humanistic philosophy” contained “elements of its own negation.&rdquo. (shrink)

The text aims to explore legal and moral aspects of torture. Under the legal aspect the text compares three definitions of torture: UN definition, Brazilian definition, and Spanish definition. In this regard, neither the UN formulation nor the Brazilian formulation are ideal, because the Brazilian legal definition restricts the element of action by the part of the perpetrator of torture, and the UN convention restricts the effect on the victim, given that pain or suffering should be severe. The hypothesis is (...) that a better proposal could be linked to the Spanish Penal Code, which in its art. 174 defines torture as the submission of someone “to conditions or procedures that, due to their nature, duration or other circumstances, involve physical or mental suffering, the suppression or decrease of their faculties of knowledge, discernment or decision, or that otherwise undermine their moral integrity”. Concerning the moral meaning of the repulse to torture it is intended to defend the paradigmatic character of the human right to not be tortured in at least two respects. The first aspect refers to its universalizing vocation in the full sense, since it can be extended to all sentient beings. In this regard, the prohibition of torture goes beyond the dominium of personality to advance in the direction of a domain of suffering not determined by the mask of personality. The second aspect is that the prohibition stands for an absolute right with no exceptions, precisely because of its deeper moral content.Keywords:radical evil, torture, perpetrator. (shrink)

Hegel’s philosophy of revolution has been widely studied and much debated. Some scholars see Hegel as a tiresome defender of existing political orders, while others point to his enthusiastic, if partial, support for the French Revolution, as well as for many modern revolutions or insurrectionary movements, both ancient and modern. Following this last line of argument, my paper attempts a Hegelian interpretation of the Russian Revolution, taking into account important aspects such as the subversive dynamic of Hegelian political concepts, the (...) relationship between class and state in Hegel’s political philosophy, the overwhelmingly anti-feudal character of the Russian Revolution, and, finally, the stabilisation and distortion of the Russian Revolution under the Stalinist regime, which, in Hegelian terms, can be seen as a new form of absolute freedom (terror) aimed at solving the main social dilemma of modernity identified by Hegel in his Elements of the Philosophy of Right, namely poverty. (shrink)

Jean-Luc Nancy'sOn the Commerce of Thinkingconcerns the particular communication of thoughts that takes place by means of the business of writing, producing, and selling books. His reflection is born out of his relation to the bookstore, in the first place his neighborhood one, but beyond that any such "perfumery, rotisserie, patisserie," as he calls them, dispensaries "of scents and flavors through which something like a fragrance or bouquet of the book is divined, presumed, sensed."On the Commerce of Thinking is thus (...) not only something of a semiology of the specific cultural practice that begins with the unique character of the writer's voice and culminates in a customer crossing the bookstore threshold, package under arm, on the way home to a comfortable chair, but also an understated yet persuasive plea in favor of an endangered species. In evoking the peddler who, in times past, plied the streets with books and pamphlets literally hanging off him, Nancy emphasizes the sensuality of this commerce and reminds us that this form of consumerism is like no other, one that ends in an experience-reading-that is the beginning of a limitless dispersion, metamorphosis, and dissemination of ideas. Making, selling, and buying books has all the elements of the exchange economy that Marx analyzedfrom commodification to fetishismyet each book retains throughout an absolute and unique value, that of its subject. With reading, it gets repeatedly reprinted and rebound. For Nancy, the book thus functions only if it remains at the same time open and shut, like some Moebius strip. Closed, it represents the Idea and takes its place in a canon by means of its monumental form and the title and author's name displayed on its spine. But it also opens itself to us, indeed consents to being shaken to its core, in being read each time anew. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NEWMAN'S PSYCHOLOGICAL DISCOVERY: THE ILLATIVE SENSE (V. Continued) 15. The Universals. A long and vehement dispute once raged about the reality of universals. Are they only mental creations, forged by the human brain, without any reality outside them, or have they some independent existence apart from their mental reality? Anyhow, there was an apparent contradiction between die universal character of our ideas and the individual character of (...) concrete things. The Scholastics solved this problem by drawing clear distinctions. An idea is an abstraction; as soon as it becomes applicable to a number of objects or things in the same sense, it is a universal idea. The "direct universal" (universale directum seu metaphysicum) as such has no existence apart from our minds, because an existing thing is always bound up with concrete, determining, individualizing notes, and it is these very circumstances or accidents which are ignored by the mind as it strips the thing of its individual characteristics. When the mind reflects on this "direct universal," i.e., on the abstract essence of the thing, it sees that this is to be found in many more things and that it is identical in all those things, and in this way the "reflex or logical universal" is formed (universale reflexum seu logicum). This same essence or quiddity is not really different from the thing itself, but the mind makes abstraction of all accidents, and this foundation makes it possible to apply this idea in die same sense to all other beings of the same kind, whether they are actually existing or not. In other words the universal as a universal has only reality in the mind but it has a foundation or a ground in the thing itself. Newman was not so well acquainted with Scholasticism that he knew and mastered the solution of the problem. As a matter of fact he approached it from quite another angle. Hence when scholastically trained minds read some of his statements on universals, they may feel shocked. They sound very curious, they seem incon418 DR. ZENO, O.F.M. CAP.419 sistent with each other, they apparenüy imply a negation of the objective reality of universals. This makes it necessary to compare the texts and to explain his meaning. a. Newman Inconsistent. We should never lose sight of the fact that Newman had no intention at all to enter the province of philosophy in the restricted sense of the word. "I am only contemplating the mind as it moves in fact, by whatever hidden mechanism,"1 that is what could be put as a heading to every page of the Grammar of Assent. And when he virtually deals with metaphysics, he wants us to consider his statements as hypotheses, or as propositions stated only by the way, and in this department he always wishes "to speak under correction." This explains how he could refer to the universale metaphy sicum and the universale directum in a very correct way without realizing he was teaching Scholastic doctrine. As far as I know, it is Professor Walgrave who has first drawn attention to this fact,2 when he dealt with Newman's alleged conceptualism. Newman states that "even one act of cruelty, ingratitude, generosity or justice reveals to us at once intensive the immutable distinction between those qualities and their contraries; that is, in that particular instance and pro bac vice."3 The same holds for the opposites: right and wrong, true and false, just and unjust, beautiful and deformed.4 In one experience, therefore, he sees a thing as an immutable, absolute quiddity, which objectively and in the same sense belongs to all possible things of the same kind, although the mind does not yet explicidy confirm this universal applicability. The contemplated quality remains limited to the particular case; but in its absoluteness it is stripped of all individual, changeable and concrete characteristics. This is the metaphysical universal of the Scholastics. But Newman also mentions the logical universal when he says: "As we form our notion of whiteness from the actual sight of snow, a lily or a cloud, so, after experiencing the sentiment of approbation which arises in us on the sight of certain... (shrink)

Professor Davidson's anomalous monism has been subject to the criticism that, despite advertisements to the contrary, if it were true mental properties would be epiphenomenal. To this Davidson has replied that his critics have misunderstood his views concerning the extensional nature of causal relations and the intensional character of causal explanations. I call this his ‘extension reply’. This paper argues that there are two ways to read Davidson's ‘extension reply’; one weaker and one stronger. But the dilemma is that: (...) the weak extension reply on its own isn't sufficient to support the principle of the nomological character of causality, anything strong enough to support that principle under the weak extension reply would be strong enough to warrant the strong extension reply; but the strong extension reply threatens the very stability of anomalous monism by threatening the causal potency and reality of the mental. For these reasons, I claim that either version of the ‘extension reply’ is bad news for anomalous monism. I conclude by suggesting that a form of absolute idealism circumvents the very assumptions that generate these kinds of difficulty for committed monists. (shrink)

The late Fichte transforms transcendental philosophy into ontology, without transcendental philosophy ceasing to be transcendental philosophy. The center of his philosophy is no longer the transcendental self, but rather concepts like existence, light, image, from which the transcendental self can be derived. Against dogmatism, for which being is to be considered as an absolute fact, Fichte tries to show that being can be deduced and explained from the light, and that means: from transcendental freedom. Whatever exists is made from (...) the substance of appearance, from the substance of visibility and light, from the material of the image. But the appearance, the image, the light, can only derive their creative power from the fact that they are (in absolute terms) the existence of the Absolute. And precisely at this point, under the idea that only the Absolute is, Fichte has repeatedly to cope with the question of the relation between the being-character of this substance and the being-character of the Absolute. Against his reiterated attempts to proceed this way, the difference between being and existence can not so easily be traced back to the concept of an absolute Being, in whose inner essence lies the fact that nothingness becomes itself an ‘apparent something’ (the world), against the background of which, and by which, the Absolute cannot be, and cannot be understood, except as absolute. (shrink)

The most important moral question concerned with the problem of political obligation relates to the limits of obedience of a citizen owed to the state. The problem of political obligation raises the questions such as – (1) To what extent the citizen has an obligation to obey the laws of the state? (2) Is the citizen of a state, whether democratic or otherwise, under an obligation to obey the unjust laws of the state? There are two different viewpoints concerning the (...) character of obligation to obey the laws of the State. (1) The first position states -- “one has an absolute obligation to obey the law and therefore disobedience to the state law is never justified”. (2) The second position asserts -- “one has a prima facie obligation to obey the law, but this obligation can be overridden by conflictingobligations. Hence disobedience to the state law can be justified in the presence of outweighing circumstances”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kiyozawa Manshi’s Two Theories of Evolution and Their Western InspirationDennis PROOIIntroductionIf one solely were to confine the scope of one’s inquiry into the defining trait of a “Tokyo School of Philosophy” to the years immediately following the founding of Tokyo University in 1877, it would be hard to escape the conclusion that philosophy there at the time was determined almost entirely by the dominant intellectual wind blowing through its (...) lecture halls, namely that of evolutionary theory. Katō Hiroyuki (1836–1916), president of the university from 1890 to 1893, was one of its staunchest advocates, doing much to foster the spread of ideas that would today be typified as “Social-Darwinian.”1 Inoue Enryō (1858–1919), undoubtedly the Meiji period’s most successful public philosopher, came to embrace many Spencerian ideas on evolution under the influence of Toyama Masakazu (1848–1900), a devout Spencerian, during his time as a student there (from 1881 to 1885).2 Ernest F. Fenollosa (1853–1908), an American philosopher who exerted great influence over the university’s young philosophical minds, was working on a synthesis of the Spencerian and Hegelian philosophical systems.3 He had been brought to Tokyo University by the Darwinian zoologist Edward S. Morse (1838–1925), who was himself instrumental in the spread of evolutionary ideas. This quick survey of Tokyo notables serves not only to establish the dominance of evolutionary theory, but also to show how in the context of late nineteenth-century Japan, “evolutionary theory” (shinkaron 進化論) is best understood as an umbrella term that could refer to a wide array of ideas—including, but certainly not limited to, Darwinian, Social-Darwinian, Spencerian, and Hegelian ones, or a mix of these—on the nature of (individual and social) change, development, and progress.Although the impact of 1859’s The Origin of Species made Darwin a figure impossible to ignore, by no means was evolutionary theory [End Page 77] equated with his theory of natural selection. For their ideas of evolution, many looked to Herbert Spencer (1820–1903), regarded by the Victorian English as the philosopher of evolution and whose system of synthetic philosophy presented positivist-leaning Meiji-era Japanese intellectuals with a definitive model of philosophical achievement. Spencer prided himself in having been the first to formulate the principle of evolution, remarking in the revised version of Social Statics (1892) that he had arrived at the general idea as early as 1850, many years before The Origin of Species had appeared in print.4 From Spencer’s point of view, Darwin had done no more than confirm a posteriori for biological organisms what was in fact an a priori law of evolution, established by Spencer in First Principles (1867) both inductively and deductively as the universal tendency of phenomena to pass from “an indefinite, incoherent homogeneity to a definite, coherent heterogeneity,” a process accompanied by “an integration of matter and concomitant dissipation of motion.”5 Spencer’s nod to the materialist tradition by formulating his conception of evolution in terms of matter in motion in his own self-understanding placed him in the camp of English philosophy, which did not let itself be deluded by the wrong use of language and spurned the invocation of what from its perspective was superfluous metaphysics. The opposing camp of German philosophy—following William Hamilton (1788–1856), derided by Spencer as “absolute theorisers”—made abundant use of such metaphysics to defend a teleological understanding of evolution—the kind of understanding Darwin (with his emphasis on the non-teleological character of natural selection) and Spencer (with his focus on matter in motion) attempted to render obsolete.6Under the influence of Fenollosa, many students of philosophy at Tokyo University became attracted to the alternative German teleological model of evolution, the history of which via the German Romantics goes back to Leibniz’s attempt to reintroduce into physics the idea of final causes after these in that domain had been eliminated by Descartes.7 Descartes, to begin with, was the one to revolutionize natural philosophy by reducing the physical world to one of matter in motion ruled by efficient causation, imagining, much like Spencer two centuries later, that such a minimalist view of... (shrink)

Let us start our analysis with a reference to a thesis formulated by Scholem under the general heading "Ten Unhistorical Propositions about Kabbalah." The ninth thesis reads as follows: "Totalities can only be conveyed [tradierbar] in an occult manner. God’s name is capable of being addressed in language but not of being uttered in language. For only its fragmentariness renders language utterable. The ‘true’ language cannot be uttered, just as the absolutely concrete cannot be realized." In the third thesis he (...) says, "Character of knowledge in Kabbalah: Torah is the medium in which all beings come to know.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminine Role Designations in the Comedies of PlautusZ. M. PackmanThere is a considerable degree of inconsistency in the role designations applied to female characters in the list of personae published with each of the Plautine comedies in the standard modern editions. My purpose here is to compare these role designations as they appear in modern editions with the designations attested by the scene headings of the manuscripts, identifying and (...) where possible accounting for discrepancies, and to propose, on the one hand, a general reading of the system of female role designations as assigned in the manuscripts, and, on the other, a critique of modifications introduced by modern editors. Editions chiefly referred to are the Oxford Classical Texts and the Teubner and Budé series. 1 For role designations in manuscripts I have depended on the text and apparatus of Friedrich Leo (1895–96) as well as the apparatus of the Budé texts.To begin with the role of matrona: of all characters so designated in the OCT, only one—the nameless wife of the local Menaechmus in Menaechmi—is so called also in both the Teubner and the Budé editions. In other cases, those designated matrona in the OCT are called uxor in the Teubner and the Budé (Alcumena in Amphitryo and Phanostrata in Cistellaria), or, in those same editions, mulier (Eunomia in Aulularia, Cleostrata and Myrrhina in Casina, and Dorippa in Mercator). In one case (Artemona of Asinaria) the OCT’s matrona is also matrona in the Budé, but uxor in the Teubner. Philippa in Epidicus, Philocomasium in Miles Gloriosus, and Palaestra and Ampelisca in Rudens are each called mulier in the Personae of the OCT, Budé, and Teubner—but Telestis in Epidicus, called mulier in the OCT, is identified as virgo in the Budé and Teubner editions. In the one play where the OCT uses the word uxor as a role designation (for the young sisters in Stichus), the same characters are designated sorores in the Teubner, and uxor (singly) and sorores (together) in the Budé. [End Page 245]Where the OCT applies the designation virgo (Phaedria in Aulularia, Planesium in Curculio, and Lucris in Persa), or the designation meretrix (Philaenium in Asinaria; the Bacchises in Bacchides, with the addition of the word sorores; Selenium and Gymnasium in Cistellaria; Erotium in Menaechmi; Pasicompsa in Mercator; Acroteleutium in Miles Gloriosus; Philematium and Delphium in Mostellaria; Lemniselenis in Persa, and Phronesium in Truculentus), the Teubner and the Budé do the same—but in the case of the Poenulus the Personae of the OCT, inconsistently, describes as puellae characters called meretrices in the Teubner and the Budé (Adelphasium and Anterastilis).Like meretrix, the role designation ancilla is relatively stable, and persons so designated in the Personae of the OCT are so called also in the Teubner and the Budé (Bromia in Amphitryo, Pardalisca in Casina, Halisca in Cistellaria, Milphidippa in Miles Gloriosus, Scapha in Mostellaria, Sophoclodisca in Persa, Crocotium and Stephanium in Stichus, and Astaphium in Truculentus, as well as one unnamed character in Menaechmi). In two cases the designation anus stands in all three of the editions under consideration (Staphyla of Aulularia and Leaena of Curculio), and this degree of consistency is observable in other relatively uncommon female roles, like lena (Cleareta in Asinaria, Melaenis and Syra in Cistellaria), fidicina (Acropolistes in Epidicus), and nutrix (Giddenis in Poenulus). Just once the OCT becomes expansive about a character designated ancilla in the Teubner and the Budé: Syra of Truculentus is here called tonstrix (ancilla Phronesii). One character called simply anus in the OCT (Syra in Mercator) is called anus ancilla in the Teubner and the Budé. In the case of Ptolemocratia of Rudens, called sacerdos in the Teubner and the Budé, it is once again the OCT, with sacerdos Veneris, which becomes expansive.By comparison with those assigned to female characters, the role designations of male characters in the Personae of standard editions of Plautus’ comedies are relatively stable. There is absolute consistency among the editions here under consideration with respect to role designations in such occasional types as parasitus, cocus, leno, and miles, and also with the even rarer designations like mercator, danista, and medicus. Some thirty characters are... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hobbits as Buddhists and an Eye for an "I"Paul Andrew PowellWhen a medieval scholar friend of mine1 (knowing that I am a longstanding student of Zen), asked me if I would read J. R. R. Tolkien's famous fantasy trilogy The Lord of the Rings to see what Buddhism, if any, could be culled from it, I was not enthusiastic, especially after watching the movie (yes, I watched the movie (...) before I embarked on the text), so full of heroes, their passionate violence, monster-like foes, and fantastic scenarios.2 Hardly the compassion of the Buddha, I thought. The trilogy is as well replete with Christian references and Tolkien was a devout Catholic, and much has been written on these and that, but I decided that that literature would not b e germane to this short and singular investigation. At any rate, I was not encouraged about the project, and yet, a certain character did happen to exhibit one intriguing feature that caught my Buddhist attention from the beginning. And as I began to read deeper into the text, a larger—implausible, some would say—thesis began to form in my mind around this character's one particular attribute. And I thought that at least I might cultivate one's imagination and jar one's thinking in productive ways. So I confess that the inferences I make and conclusions I draw here may be a bit fantastic (perhaps to match the material). But, to answer the question: Is there any Buddhism in The Lord of the Rings? Please keep an open mind, and in the spirit of fantasy, indulge my commentary on this quest.Sauron's EyeSauron's Eye can be associated with at least two considered forms of consciousness: will and omnipresence. It is "The Eye: that horrible growing sense of a hostile will that strove with great power to pierce all shadows of cloud, and earth, and flesh, and to see you: to pin you under its deadly gaze, naked, immovable."3 Also, we find that "The Dark Lord was suddenly aware of him [Frodo], the Eye piercing all shadows... Its wrath blazed like a sudden flame and its fear was like a great black smoke, for it knew its deadly peril, the thread upon which hung its doom... [I]ts thought was now bent with all its overwhelming force upon the Mountain."4 But will (we will return [End Page 31] to "omnipresence" some other time) is a neutral force. And clearly, Sauron's will is not neutral; it is a profoundly malevolent will. For we can also read that Sauron is a "dreadful menace of power... brooding in deep thought and dreadful malice."5 He is full of "policies and webs of fear and treachery... stratagems and wars."6An Eye For An I?Buddhism is a practice which reveals the true nature of things: self, reality, suffering. So let's more deeply consider the nature of Sauron's corruption. It seems unlikely, from a Buddhist view, that the Oxford scholar's central villain is a simple stand-in for brute evil (as might appear upon a first reading), for if evil is ontological then the only reasonable response to it is to strategize how best to cope with its encounter. This, in fact, is the Christian response to evil. Evil is: it exists a priori as a supernatural force outside of human intervention and its temptations may be successfully resisted through self-discipline and moral strength, and possibly an appeal to the supernatural, but never defeated absolutely by a stratagem of human will. It is true that Frodo struggles to resist the Ring's power, but mere coping is not the Fellowship's strategy. The fact that Tolkien's Fellowship actually undertakes to destroy the Ring through stratagem admits that Sauron's corruption is an emergent property of an underlying and vulnerable source rather than a supernatural, a priori property outside of human intervention.Instructively, and like the Fellowship, Buddhists as well understand that human suffering possesses an underlying and vulnerable source that can be overcome in human terms, and this vulnerable source of suffering is the human I. The Buddha... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Two Cheers for Blueprints, or, Negative Reasons for Positive UtopianismAntonis Balasopoulos (bio)It is well known that the decline of programmatic or so-called blueprint utopias and utopianism came on the heels of a widespread and concerted attack against them during the first two decades of the Cold War. In the writings of thinkers like Hayek, Popper, Talmon, Kolakowski, and many others, program became synonymous with hubris.1 It was construed as (...) a dangerous effort to regulate the diversity of human subjectivity and the complexity of the social organism, a repressive will-to-order and predictability that tainted utopias by associating them with Totalitarianism. In Popper’s exemplary exposition:The Utopian attempt to realize an ideal state, using a blueprint for society as a whole, is one which demands a strong centralized rule of a few, and which therefore is likely to lead to a dictatorship. [...] [Utopia] claims to plan rationally for the whole of society, although we do not possess anything like the factual knowledge which would be necessary to make good such an ambitious claim.2 [End Page 489]Yet, though this view of how Utopia, to recall Robert C. Elliott, became “a bad word,” is accurate in itself, it also reflects only the negative or destructive side of Cold War anti-utopianism, a trend whose logical inconsistencies and ideological biases have already been ably dissected in the work of Russell Jacoby, Marc Olssen, and Darren Webb, to name but a few.3What one could term the “positive” or “productive” side of anti-utopian denunciations of the dogmatically programmatic character allegedly inherent in utopias went well beyond the exigencies of generating a geopolitical and ideological enemy image. It involved an effort to reconcile western subjects to seismic and highly consequential shifts within postwar, late-capitalist societies themselves. If, as I have argued elsewhere, utopian fictions (and, indeed, nonfictions) before the Cold War period can be read as fictions of organization—of everything from architecture and urban planning, to production, sexuality and biological reproduction, clothing, or diet—it is also the case that in them, “organization” is a response, a reaction to traumatic historical experiences of disorganization, from the decline of the ancient city-state in the case of Platonic utopianism; to the impoverishment and dislocation of rural communities in the era of Thomas More; to the experience of the fracturing of religious community during the religious, civil, and international wars that marked the seventeenth century; to the dramatic impact of early nineteenth-century industrialization on artisanal and agrarian communities, on family cohesion and on the rhythms of the premodern working day.4My argument is, then, that the anti-utopian denunciation of blueprint and program was not simply motivated by the liberal capitalist attack against the planned and highly regulated character of economy and society in the countries of so-called actually existing socialism. It was also motivated by the ideological need to normalize and legitimize the transition, within western capitalist societies themselves, to what Scott Lash and John Urry called “disorganized capitalism.” Lash and Urry’s book, originally published during the decade of the triumphant rise of neoliberalism, in 1987, launches its investigation by tellingly quoting the passage of Marx and Engels’s Communist Manifesto that focuses on the creatively destructive aspects of capitalist social transformation: the bourgeoisie, Lash and Urry observe, is a class “with vested interest in change, crisis and chaos”; the social world over which it presides is one “which swings wildly out of control, menacing and destructive.”5 In their introduction, the authors outline the basic features of the postwar shift from the organized capitalism of the mid-nineteenth and early twentieth centuries to its disarticulated successor formation during the rise of [End Page 490] neoliberal governance. Under the rubric of “disorganization” (which is to say, of a mutation within the western capitalist economic and social order), they include de-industrialization and the decline in the absolute and relative size of the working class in the core capitalist economies; the rise of flexible forms of labor organization in the place of defunct Taylorist principles; the weakening of trade unionist organization; the increasing decoupling of large monopolies from the control and regulation... (shrink)

The need for the axiological determinants of cognition of law to be theoretically justified as a constituent of legal progress that includes the humanization of law makes the problem under the study relevant. The purpose of this article is to distinguish the value determinants of cognition of law. The main methodological approaches used in the study are axiological and anthropological approaches, which allow us to consider law as a valuable constituent of human life, inextricably linked with the human personality. The (...) article reveals that the modern understanding of the term “law” is characterized by axiological and anthropological approaches to its cognition; founds out that the human legal value has an integral-synthesizing character to all other values and, as a result, is embodied in the absolute legal value and inherent worth; establishes that the human dimension of law has become the result and, at the same time, the source of value-legal human understanding, which indicates the value of law and its axiological characteristics. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

In An Introduction to Metaphysics Heidegger asserted that “it wasnot German idealism that collapsed; rather, the age was no longer strong enough to sustain the greatness, breadth, and originality of that spiritual world, i.e., truly to realize it”. He was at this point launchinginto one of the major themes of his later work: the “darkening of the world” in the form of the materialism and “demonism” typified by the antitheses of the USSR and the USA, a polarity of seeming opposites (...) obscuring an underlying fundamental similarity. This was the modernist faith of both cultures in the power of science to solve all of the problems that have plagued humanity for untold centuries, a faith in the power of science to tell us the absolute truth about the nature of reality. In 1955 Heidegger also characterized science and technology in “The Question Concerning Technology” as an “enframing”, a particular dominant interpretation of reality dependent on the interest of control and which conceals far more than it reveals. For one thing, “the essence of technology isin a lofty sense ambiguous. Such ambiguity points to the mystery of all revealing, i.e., of truth”. Although enframing “lets man endure,” only art as the successor of philosophy transcends techne by allowing us to see that “the essence of technologyis nothing technological”. Much earlier, in Being and Time, he gave his first sustained account of science as the interpretationof reality driven by technological interests, and spoke of Being as the “transcendens” lying beyond “every possible character which an entity can possess” [p. 38]. It remains debatable whether this characterization of Being survived into Heidegger's later period, but despite his nostalgia for the spirituality of the early nineteenth century, the role of Beingin these earlier works might best be explained as some kind of realism. (shrink)

ABSTRACT In this paper we deal with Hobbes’s elucidation of the political conflict caused by rebellious groups. First of all, we attempt to prove that groups are important characters in Hobbesian antagonisms. Secondly, it will be argued that the isomorphic structure that underlies all associations is vital to account for these disputes. To wit, the fact that minor corporate bodies are ‘similar’ vis à vis the State leaves a lengthy flank open to rebellion, since this homology may encourage their leaders (...) to compare themselves with the sovereign and to challenge his or her power. Whereas the inclusion of this trait may seem at face value paradoxical to Hobbes’s absolute order project, we shall contend that it is actually a way of ascribing responsibility to the leaders of rebellious groups. Furthermore, as a subsidiary hypothesis, it will be claimed that the centrality of the theory of represented corporations is a result of Hobbes’s aim to erase, not rebellion as such, but only its tumultuous setup. (shrink)

The text is concerned with a class of two-sided stochastic processes of the form. Here is a two-sided Brownian motion with random initial data at time zero and is a function of. Elements of the related stochastic calculus are introduced. In particular, the calculus is adjusted to the case when is a jump process. Absolute continuity of under time shift of trajectories is investigated. For example under various conditions on the initial density with respect to the Lebesgue measure,, and (...) on with we verify i.e. where the product is taken over all coordinates. Here is the divergence of with respect to the initial position. Crucial for this is the temporal homogeneity of in the sense that,, where is the trajectory taking the constant value. By means of such a density, partial integration relative to a generator type operator of the process is established. Relative compactness of sequences of such processes is established. (shrink)

Richard Rorty believes that the combination of ironism and poetic impulse when attached to the public/private distinction, creates an opening for a type of liberalism that satisfies both the urge for individuality and the urge for solidarity. Rorty's antirealistic pragmatism leads to a society functioning very much like our own. This Dissertation dredges out some of the very contentious underlying assumptions of what Rorty feels is a philosophy-less vision. The ironic poet is Rorty's paradigm of correct modern character. (...) Portraying this poet clearly will bring out what a powerful and radical, yet paradoxically rigidly conservative, outlook he would have us adopt. ;The journey for the outlines of the poet's personality takes me through an investigation of Rorty's interest in Heidegger. While Heidegger's poet can be described in some way as a discoverer , Rorty's poet cannot. From these differing conceptions of the poet I jump to the is/ought distinction as characterized by Hume and reversed by Rorty. I argue that Rorty believes that a fact can only be found within an 'ought.' Utopianism becomes then the only legitimate hope for change. The poet becomes the ultimate option-creator. ;Next is examined Rorty's distinction between the private and public realms. The poet, in Rorty's conception, must speak and create within these two vastly divergent realms. Liberalism and its attendant base upon the isolated and transcendent individual becomes clearly to the forefront here as a grounding point . Habermas and Feyerabend are used to further characterize possible aspects of the poet. I characterize the ironist poet as a reluctant dadaist because of the limits the strong attachment to liberalism places upon him/her. ;Ultimately Rorty's central assumption that the public and private realms absolutely cannot be harmonized in one complete 'overlying' vision that does justice to both is critiqued and questioned. All of this leads to a portrait of a severely circumscribed poet. (shrink)

This paper aims at giving a brief historical survey of the growth and development of the meaning attributed by the ancient Indians to the term maya. In studying this term we must not lose sight of the fact that it is very often used in various texts without any bearing upon the great problem of the,reality' of the phenomenal world as compared with brahman. In a large number of texts originating in pre-or non-Vedantic circles the word occurs in a great (...) variety of connotations : « power, wisdom, subtle device », and, especially, « incomprehensible power enabling its possessor to create something » ascribed to mighty beings. In the Vedic period there is no basis for any conception of the unreality of the phenomenal world in the use of the term. It does not mean « chimera, illusion, fascination, delusion, fata morgana, etc. ». It refers to a reality of an artificial or misleading character, to phenomena produced by a special ability or imagination ; it can often be translated by a locution beginning with pseudo —, or by the Engl. craft in one of its connotations. It can also mean « fraud, deception ». Philosophers often referred to these common meanings of the word in discussing the,relation' of brahman and the phenomena which essentially are brahman. Svet. Up. 4, 9 and 10 nature is called maya : in this upanûad the germs from which the various views or doctrines of the generations to come were to develop had already reached the first stage of growth without differentiating in any considerable degree. Here maya does not express the unreality of the world, but the impossibility of man's understanding its character and the power of its creator. Nor does the Bhagavadgita question the reality of the world either. Deussen and other scholars were wrong in following Sahara's school of thought which interpreted these texts from its own particular point of view. In the history of Indian thought Buddhism is of outstanding importance. According to the ancient Buddhists the world and the individuals are real, but unstable, of a comparatively insignificant,metaphysical dignity'. The Madhyamika's and Nagarjima's relativistic school prepare the way for the idealistic Vijnanavadins who, founding their ontology on the psychology of yoga, hold the view that only vijnana « mere consciousness » exists. Any pretended,reality' outside this reality is to be regarded as dependent on a wrong interpretation of our inner experiences. The,causally dependent aspect', a determined,form of reality' reflects the,absolute aspect'; the lower constructed aspect' or,wrong ideation', the sphere of the concrete phenomena, however, is to be compared to a snake the presence of which we incorrectly assume when, at dusk, we find a cable.In this connection the term maya is also used : a rope may appear in the shape of a snake, or a maya in the shape of a man and other objects which do not really exist in themselves. This maya is void, non-substantial; in the same way the, wrong or constructive ideation' which appears in the, aspect of subject and object' is called non-substantial. In the process by which the reality of consciousness is transformed into the aspect of wrong ideation maya plays an important rôle : it is the power or factor producing the differentiation of the homogeneous consciousness which results in the pseudo-existence of the phenomenal world. Gaudapada, the earliest exponent of the view of pure non-duality writing at a time when the influence of these idealistic Buddhists was predominant, availed himself of the results of their speculative endeavour. On the other hand he made sure of the sanction of the traditional brahminical circles by expounding his views in the form of an expatiation on the Mandukya. Upanmd. The universum, he holds, is like a dream, like a maya ; « it is not actually so ». All phenomenal beings are dreamlike projections of the Divine Self, which is by its very maya able to make itself assume this projected form. But in his book maya also serves to indicate that any relation at all between the world and the Ultimate cannot be rationally sustained, for this,relation' is inexplicable. Maya, inherent to brahman is the condition underlying the,Origin', the pseudo-existence of this world ; but our lack of understanding is also maya. Our empirical knowledge, which makes us believe that things come into being is would-be knowledge. Maya is the hypothesis needed to express in a formula that the diversity of the phenomenal world is neither identical with atman-brahman nor existing by itself. Sawkara likewise regards the world as,pseudo' ; but in contradistinction to Gaudapada who focusses attention on the maya formula and the character of the phenomena, he emphasizes the sole reality of brahman, avoiding any suggestion as to the world's being void, non-being or unsubstantial. This formulation holds good from the higher point of view, viz. that of the supreme reality, into which empirical knowledge cannot penetrate. For practical purposes the world may be considered as really existing. The ignorance which conceals our true character from us and makes us perceive a world which from the standpoint of the Supreme does not exist is maya. Maya hides the reality and projects a pseudo-reality. It is undefinable and inexplicable ; it is neither being nor non-being. Maya is the postulate needed to account for the phenomenon called universe, for the existence of the diversity, though it is only the One which exists. Finally the maya theories of Saktas and Visnuite schools are briefly discussed. According to the former mayasakti is the power of the Supreme to veil itself without ceasing to be what it is ; they emphasize the point of view that « this all is brahman », accusing Sankara of admitting a principle beside brahman. Ramanuja who basing himself on the conviction that Brahman in the first place is God, defends the thesis that the world and the souls are real, and attacks Sankara's maya theory ; according to this great exponent of Visnuite thought maya symbolizes the wonderful and miraculous in God's creation and creative power. (shrink)

The paper develops a critical dialectic with respect to the nowadays dominant approach in the theory of vagueness, an approach whose main tenet is that it is in the nature of the vagueness of an expression to present borderline cases of application, conceived of as enjoying some kind of distinctive normative status. Borderlineness is used to explain the basic phenomena of vagueness, such as, for example, our ignorance of the location of cut-offs in a soritical series. Every particular theory of (...) vagueness exemplifying the approach makes use, in the vague object language, of a definiteness operator which, however substantially interpreted, unavoidably inherits the vagueness of the expressions on which it operates ('higher-order vagueness'). It is first argued that finite soritical series force a surprising collapse result concerning a particular set of expressions involving the definiteness operator. It is then shown that, under two highly plausible assumptions about higher-order vagueness (the existence of 'absolutely definitely' positive and negative cases and the 'radical' character of higher-order vagueness itself), the collapse result implies the inadequacy of the dominant approach as a theory of vagueness, as its main tenet can be, at best, not absolutely definitely true. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Gadamer’s hermeneutic philosophy avoids the problem of literary objectiveness altogether. His approach witnesses the general fact that an indifference towards literary objectiveness in particular, leads to a peculiar neglect of par excellence literariness as such. It seems obvious, however, that the constitutive aspects of the crisis of literary objectiveness cannot be shown to contain the underlying intention of bringing about this situation. At this point, one can identify what could probably be the most important element in a definition of (...) literary objectiveness. In contrast to ‘natural’ objectiveness and objectiveness based on various societal conventions, the legitimacy of a literary work is solely guaranteed by its elements being organized in accordance with the rules of literary objectiveness. Thus when the crisis of literary objectiveness intensifies, literariness will also find itself in a crisis. This crisis detaches new, quasi-literary formations from various definitions of literariness. When literary objectiveness ceases, however, to be understood as a system constituted by various objective formations aiming to correspond in one way or another to the ‘world’, scientific analysis of literary objectiveness will be rendered impossible. The crisis of literary objectiveness thus brings about the crisis of the theory of literature and the philosophy of art. Gadamer explicitly argues that the scientific approach proves to be inadequate in the analysis of artistic experience. This attitude results in the categorical rejection of a scientific orientation, but he seems to overemphasize an otherwise correct thesis on the non-reflexive character of artistic experience. It is the anti-mimetic and Platonic character of Gadamer’s aesthetic hermeneutics that determines the status of literary objectiveness in his system of thought. What is of crucial importance, however, is to point out that this aesthetics entails a fundamental reduction of the significance of literary objectiveness. As soon as the essence of aesthetic object-constitution is taken to be re-cognition, the absolutely natural interest in the original object represented by a work of art.Undoubtedly, Gadamer’s conception answers a number of questions that tend to be ignored by other theories. It is just as obvious, however, that Gadamer completes here the aesthetic devaluation of the objective domain. It is not the characteristics of the ‘original’ that constitute the image, but in effect the image turns the original into an original. Paraphrasing this claim one arrives at a near paradox: not objectiveness makes a work of art possible, but a work of art lends objects their objectiveness. (shrink)

This article explores the concept of moral blindness in the light of the self-conscious actions that constitute a person. Personalists argue that as man discovers himself in the acts he posits, the moral character of his actions distinguishes him as a responsible subject of both his being and his actions in the community of persons. Scholars like Dietrich von Hildebrand discussed the various attitudes of this acting person that make him numb to moral considerations under the theme “moral value (...) blindness.” This essay therefore demonstrates how moral blindness poses a challenge to the capacity of man’s moral response as a person in action. It examines the danger of being morally blunted by weaving together thoughts of personalists including Karol Wojtyła, von Hildebrand, Hannah Arendt, John Crosby, and others to develop a call to moral consciousness steeped in our awareness of being in communion with other persons possessing absolute dignity and value. (shrink)

PETER KNAUER'S CONCEPTION OF MORAL CHOICE ON THE ANTHROPOLOGICAL CREAITVENESS IN MODERN MORAL THEOLOGY Summary The author undertakes a critical analysis of the ethical views of Peter Knauer who is one of the most influential theological moralist today. The author tends to show the consequences of Knauer's theory which consequences are destructive for morality. The first part of the paper presents Knauer's standpoint in view of the conception of moral choice and shows three crucial points of his system. They are (...) the following: the definition of moral good (lightness) in its relation to physical good; the reinterpretation of the principle of double effect which reinterpretation reduces that principle to its "Ideological explanation"; and, finally, the conception of the so-called non-counterproductivity which decides whether an activity is right. That non-counterproductivity is comprehended as an all-embracing correspondence between the goals which the subject has chosen and means which the subject has taken in order to accomplish the goals. In the second critical part one finds some questions related to the immanent critique of the discussed theory and some consequences of Knauer's claims. If one applies his assumptions strictly, it turns out that in his model of morality there is no place for such an activity of man which, at the same time, would be both rational and free, i.e., sensu stricto moral. In view of Knauer's system the criteria of moral evaluation, which criteria he proposed, do not hold sense. Thus morality and ethics lose their essential normative character. Consequently, the system under scrutiny leads to an antipersonalistic vision of both an individual and society, and in terms of eternity it seems to dismiss the possibility of recognizing the existence of Absolute. The theory rejects values for the sake of which it was construed. Translated by Jan Kłos. (shrink)

The historical origins of the Kyoto School of Philosophy of modern Japan, represented by Kitaro Nishida and Hajime Tanabe, may be derived from both the ancient Chinese idea of Change and the ancient Indian Upanishadic idea of the mutual identity of Brahman and Atman. The ancient Chinese idea of Change signifies change as well as non-change, and even their dialectical unification. Both origins are structured by the self-identity of the opposed in logic, and these historical prototypes have been developed into (...) the various forms of Confucian, Taoist, and Buddhist philosophy. The notion of Nothingness or Emptiness rather than Being has been set up as the fundamental principle. The principle of Nothingness as ultimate reality has been connected with the logic of self-identity of theopposed, and this is evident in Nishida’s concept of the self-identity in absolute contradistinction that is equivalent to the Place of Absolute Nothingness. Even though Nishida’s idea of Place is directly and explicitly influenced by the ancient Greek idea of Topos, it has indirectly and implicitly been affected by the traditional agricultural society as well, in which the land is regarded as the self-identical substratum despite the cyclic time of the four-seasons change. The ancient Chinese idea of Change also reflects the agricultural society in which the cyclic time plays an important role on the basis of the unchanging self-identical land as the underlying substratum. Nishida succeeds in establishing the new logical expression of Eastern traditional thought, deeply hidden in consciousness, in relation toWestern philosophy. The uniqueness of Nishida’s idea of Place may have its main source in the traditional agricultural background, and in this sense his way of thinking may be rural in character. On the other hand, Tanabe, though following Nishida at first, turns to making criticism of the mentor with the establishment of the triadic logic of species as the dialectic, which is characterized by the perpetual self-negating conversion in action. In contrast to Nishida, Tanabe represents the urban type of thinking, which is in pursuit of transforming in life. While Nishida’s idea of Absolute Nothingness has an affinity with the ancient Chinese philosopher Laotzu’s idea of Nothingness from and into which every entity comes and goes, Tanabe’s concept of Absolute Nothingness as the principle ofconversion is more closed to the Buddhist idea of sunyata, i.e., Emptiness, which is devoid of any substance in itself. As regards evil, the difference between them is obvious in that for Nishida evil and time or history disappear into the ultimate horizon or place of Nothingness with the tendency toward a kind of monism of goodness, whereas for Tanabe evil copes with goodness and retains its own status throughout, never being reduced to the opposed. Even if so, both of them, however, fail to construct a philosophy of history from the epochal or durational viewpoint, compared to Heidegger and Jaspers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 49-77 [Access article in PDF] The Time of the King Gift and Exchange in Zorrilla's Don Juan Tenorio Joan Ramon Resina There is something paradoxical about José Zorrilla's revision of the Don Juan legend, a certain contradiction between the play's structure and the logic of the action. The character of the protagonist, the form and implications of Don Juan's salvation, the strategies and temporality of (...) seduction, even the play's generic status--all come under the law of self-cancellation. And so does the historical time in which the play is set: the time of absolute monarchy. The proportionality between terrestrial and eschatological time, organic to the play's Golden Age precursor, 1 is strangely neutralized in Zorrilla's work through an expanding temporality without equivalent in the afterlife; and the same is true of the king's dramatic role through his removal from the scene, which he regulates nonetheless as deus ex machina of the social edifice.A nineteenth-century reader, Francesc Pi i Margall, remarked that "Zorrilla hace a Don Juan escéptico o creyente según lo van exigiendo las peripecias de su drama, y merced a esa indeterminación del carácter, le pone repetidamente en contradicción consigo mismo" (Zorrilla makes Don Juan a skeptic or a believer depending on the drama's events, and by virtue of this indeterminacy, he brings his character repeatedly into contradiction with himself) [204]. This indeterminacy affects not only the libertine's relation to religion but also the doctrinal coherence of the play, which has been the object of debate [see Mazzeo; Abrams; Wang; Romero]. Others, curiously, detect a contradiction between the play's sound theological conception and the author, who "quizá no sabe apenas nada de teología" (perhaps knows next to nothing about theology) [Alberich 16]. Yet not only Don Juan's piety but also his seductions appear self-annulling. For Luis Fernández Cifuentes, Zorrilla's most original and thus most revealing decision is "presentar el acto de seducción engañosa en el momento mismo en que deja de serlo: la carta con que comienza el drama participa de una tradición que también cancela. En el curso de la obra, es y no es un instrumento de seducción; sin cambiar de palabras, es a la vez falsa y verdadera... " (to present the act of deceitful seduction at the very moment in which it stops being deceitful: the letter with which the play starts participates in a tradition which it also cancels. Throughout the play the letter is and is not a tool of seduction; its words are at once true and false...) [83]. In the same line of structural contradictions must be included the play's temporality, which runs counter to the causal logic of the action. As Gustavo Pérez Firmat points out: "In Juan's verses normal temporal and causal sequence collapses, for future events are always catching up and outstripping the present, as if time were circular and past, present, and future travelled the circle at different speeds" [7]. Even the play's representativeness as a privileged [End Page 49] instance of Spanish romanticism has been flatly denied in light of its inconsistencies with the patterns of that movement [Gies, "José Zorrilla"]. 2 But perhaps the most telling contradiction is the one between the play's undiminished popularity for almost a century and its author's sedulous efforts to undermine its prestige. 3Author's second thoughts? A repentant artist in ascetic revulsion against mundane acclaim? It seems reasonable to assume a link between the play's popularity and the contradictions to which it gives expression. Thus, taking at face value the tired notion that Don Juan presents a fundamentally Spanish profile, 4 I will inquire whether the play's manifest contradictions are culturally efficient. 5 To this end, I will need to consider a possible incongruity between nineteenth-century forms of consciousness and the objective historical conditions. Joaquín Casalduero already pointed out a discrepancy between historical changes and... (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} After Kant’s strict separation of the fields of pure reason and practical reason and his demonstration that reason cannot know anything apart from phenomena including the existence of God there was a continuous desire to reestablish the unity of both. The most successful attempt in that direction so far was (...) Hegel’s phenomenology of the Spirit where he claimed he succeeded to establish the unity of the two as the Absolute. Yet, even this was problematic for it was the faith itself which supplied the basis of unity while the character of reason (pure insight) was particularity of the self-consciousness. In the late modernity where everything has imploded postmodern theory have successfully destroyed the metanarratives that hold the modernist ideals together. Under these conditions in which the assertion of any kind of subjectivity is impossible there is now a growing interest again in the theories trying to establish the basis of a post-secular society where finally faith and knowledge are hoped to be reconciled and supply a new meaning instead of the lost ones. Particularly the theories developed by Jacques Derrida and Jürgen Habermas try to legitimize the return of the spirit or the ‘religious’ under the aegis of a still secular state. However, such a desire remains problematical as in Hegel’s case for with its totalizing tendency the return of the spirit would tend to eradicate all difference as the basis of conflict and render the effective political action impossible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.2 (2001) 3-8 [Access article in PDF] The Two Secrets of the Fetish Jean-Luc Nancy "Commodity fetishism": Marx's formula has been imprinted on the largest and most resistant of cultural memories. It has become almost anonymous, or rather synonymous with Marx's very name, as is the case with certain coined terms(cogito, categorical imperative...). This privilege could only be due to a very particular virtue. Such a virtue is (...) that which not only consists in characterizing, in the strict sense of the word (to typify a property or an essence), but even in characterizing in such a way that the character (the stamp, the seal) is somehow inscribed on the thing itself and can no longer be detached from it, or at least without some loss in the substance of the thing.In Kantian terms: the intuition presented under the word "fetishism" is printed or traced indelibly onto the concept of "commodity," giving rise to a schema "commodity," from which a new image, and thus a new idea, ensues. Not just the commodity as the fetish—as if this were one of its traits or one approach among others—but rather the essence of the commodity revealed as fetish, so that the fetish character would remain once the approach was shifted or the "secret" of its "mystical character" was revealed. (As we know, these are all Marx's own terms.)As is also known, the secret consists in that the commodity value (or exchange value) of the object (or product), which seems to be its intrinsic or immanent property (parallel in this way to its use value, which is extrinsic and completely relative to its utilization in a given sociotechnical context) only covers, masks or represses the origin of its pure or absolute value—this last value being nothing other than the living human labor of the producer, which the act of production incorporates into the product. But the commodity value deflects this incorporated creative life toward equivalence within an exchange, where the producer (the worker) finds himself surreptitiously stripped of the part of the value that the mercantile calculation does not exchange for the maintenance of its labor force, but rather sets to the account of capital. * * * Here we are not concerned with addressing the problems associated with the evaluation or the appreciation of living work as it is related to the intensification or the very creation of value ("the surplus-value"), nor with respect to the extortion suffered by the creator of value (the valuable and value-making man, the living man as maker, as giver of prices in an absolute fashion) to the benefit of the one who accumulates value in the form of general equivalence, creating mercantile prices through a common currency. Currency is the fetish, where fetishism is fixed: belief in the value of the market price itself. The critique of political economy—that is, the critique of the economy as politics—reveals the inanity of this belief, and if this critique cannot measure the hidden and mysticized or mystified value in monetary terms, the principle of this critique remains [End Page 3] no less, but even more so, the incommensurability of the value creator and the marketed product.Alienation is not measurable. It is at the same time the principle of the critique and its impasse from the moment that we would like to, and indeed that we should, oppose one measure to another: the critical measure of the fetish against the mercantile measure through the fetish.In contrast, what we would like to sketch out here would have the following hypothesis as a point of departure: does not the strength of Marx's formula derive from a power other than that of the only critique thus broached? Is there not another energy, and another enigma, slipped into the first, adding itself to the revelation of the secret, even exceeding this revelation and perhaps in this fashion displacing just a bit the secret itself (precisely because it is not measurable)?This other power would derive from "fetishism" itself. That is to say... (shrink)

This dissertation seeks to clarify the import of the transcendence problem in Heidegger and Derrida. The guiding suggestion of my interpretations of both thinkers is that following the development of this problem through their respective projects can help to demonstrate in each an underlying continuity in light of which their seemingly discrepant shifts in emphasis from early to late can be understood as moments of an ongoing hermeneutic task. ;My argument unfolds in four chapters and a brief conclusion. Chapter (...) one motivates the project in view of the contentious standing of the problem in continental philosophy as it is characterized in the competing narratives advanced by Richard Rorty, John Caputo, and Rodolphe Gasche. ;Chapters two and three trace the problem through Heidegger's Denkweg. While Being and Time might seem to be the obvious place to start, I argue that the character of the problem is difficult to see without recourse to both the context in which the problem first arises, and the future interpretations of the problem toward which Being and Time proceeds. Accordingly, I attend to the emergence of the problem in Heidegger's dissertation and early lectures, and then leap ahead to its more explicit appropriations in the writings of 1928 where the provisional standing of fundamental ontology becomes increasingly apparent. In view of its past and future trajectories, then, I return to Being and Time to exhibit therein what I take to be latent indications of Heidegger's later disposition toward transcendence. ;Chapter four situates Derrida in terms of his debts to and departures from Heidegger. I argue that Derrida's debts in fact compel his departures; since he concurs that the transcendence of predecessor discourses necessitates their destruction in the name of advancing their undeveloped possibilities, he must dismantle Heidegger to do justice to him. In applying this insight to Derrida's project, I maintain, the careful reader can find traces of his later injunctions to "absolute responsibility" in his early affirmations of "infinite play". ;I conclude with a few brief remarks as to how this investigation might contribute to a richer understanding of contemporary continental philosophy. (shrink)

In tort law, including Lithuanian tort law, damage usually is divided into two types: pecuniary and non-pecuniary damage. The concept of non-pecuniary damage has recently become a focus of attention of Lithuanian legal researchers. However, it has to be noted that the issues related to the concept of pecuniary damage remain scarcely analysed. As a result, the unique type of pecuniary damage, i.e. the damage of purely economic character, has received no attention whatsoever in Lithuanian tort law. It is (...) usually believed that the defence of the values of purely material character fall into the sphere of contractual law, while tort law is not concerned with the protection of these values. However, in the course of the development of social relations it has become apparent that in the present-day society personal financial losses have become equally important to the cases of actual damage to a person or a property. On the other hand, the fear to overextend the limits of tort law and, thus, limit the persons’ freedom to act, coupled with the different nature of the values protected by tort law provide grounds for the position that relatively abstract financial interests and absolute values or relative personal values should be protected in different ways. Referring to the doctrine and practice of foreign countries as well as the results of the analysis of Lithuanian positive law and court practices, in this article we aim at giving an answer to the question of where and how the ambit of protection under the tort law in the cases of damage of purely economic character should be defined. (shrink)

This paper examines Georg Ernst Stahl's first book, the Zymotechnia Fundamentalis, in the context of contemporary natural philosophy and the author's career. I argue that the Zymotechnia was a mechanical theory of fermentation written consciously against the influential "fermentational program" of Joan Baptista van Helmont and especially Thomas Willis. Stahl's theory of fermentation introduced his first conception of phlogiston, which was in part a corpuscular transformation of the Paracelsian sulphur principle. Meanwhile some assumptions underlying this theory, such as the (...) composition of matter, the absolute passivity of matter and the "passions" of sulphur, reveal the combined scholastic and mechanistic character of Stahl's natural philosophy. In the conclusion I show that Stahl's theory of fermentation undermined the old fermentational program and paved the way for his dualist vitalism. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line of attack is illustrated by (...) the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

According to the interpretational theory of logical validity (IR), logical validity is preservation of truth in all interpretations compatible with the intended meaning of logical expressions. IR suffers from a seemingly defeating objection, the so-called cardinality problem: any instance of the statement ‘There are n things’ is true under all interpretations, since it can be written down using only logical expressions that are not to be reinterpreted; yet ‘There are n things’ is not logically true. I argue that the cardinality (...) problem is indeed a serious problem for IR, when understood in terms of ‘asymmetry of information’. I then argue that IR can be rehabilitated by making quantifiers context-sensitive: what we do not reinterpret is the Kaplanian character of a quantifier, rather than its content. ‘There are n things’ is false in a context where fewer than n things are relevant, so it is not logically true in IR. I finally discuss some objections and ramifications of my account: I discuss how to make space for the possibility of an explicitly absolutely general quantifier in my framework, how terms can be logical even though context-sensitive, and how to recapture classical logic within my framework. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Citizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789Patrick HenryCitizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789, by Daniel Gordon; viii & 270 pp. Princeton: Princeton University Press, 1994, $39.50.Under examination here is the early modern period in France from Louis XIV to the French Revolution when kings ruled absolutely and citizens were without sovereignty. Discarding the traditional image of the Enlightenment as the (...) class='Hi'>absolute enemy of absolutism, Gordon, in this sense, follows Norbert Elias and Robert Darnton who treat the Enlightenment as part of an elitist and hierarchical establishment. More specifically, as his subtitle indicates, Gordon portrays the invention of a “nonpolitical polis” (p. 6), an ideological social space where, despite political inequality, citizens could practice social equality in a hierarchical régime. The rise of this “nondemocratic egalitarian ethos” (p. 7) brought with it a new cult of sociabilité, a term invented in the eighteenth century to describe the idealization of the private sphere and the practice of social equality.The first chapter, then, ties sociability not to democracy, as in the Habermasian model, but to the absolutism that stimulated it and coexisted with it. A series of five ideal types of sociability depict how men and women, members of the bourgeoisie and the aristocracy, came together—in commerce, public welfare, scientific academies, salons, cafés, public libraries, and various other social situations not protorevolutionary in character—to create a bond among equals [End Page 279] under the ancien régime. In this framework, progress and modernity are born during the absolute monarchy where sociability suggests conviviality rather than class warfare. Every major French novel of the eighteenth century supports Gordon’s refutation of De Toqueville’s surprising statement that “noblemen and bourgeois never met except by chance in private life “in prerevolutionary France” (p. 27).In chapters two and three, Gordon examines the nature of the rules of sociability found in courtesy literature and their functioning as the imagined basis of the newly invented idealized space called société. In addition to analyzing in great detail the nature and frequency of the vocabulary invented to define and describe sociabilité, Gordon discusses sociabilité in the context of natural law theory in Hobbes, Bossuet, and among others, Pufendorf, who wanted to refute Hobbes by showing that self-interest leads humans to establish stable social relations even before government orders them to do so. Holbach surfaces here too for having amalgamated the older language of politeness and the newer language of natural law. In Holbach, as in the Encyclopédie, sociability, based on egalitarian premises of natural law, is nonetheless fully compatible with the hierarchical regime. Among other things, this shows clearly that the philosophes never preached the French Revolution. Striving to eliminate the abuses of despotism and establish equality in private life was not tantamount to working for political equality and the abolition of all rank. In this same vein, Gordon paints the apolitical essence of the private sphere and, by a rigorous study of the seventeenth-century manuals of polite living, shows convincingly (this time against Elias who saw the court as a model of refined behavior) that the salon was indeed a world unto itself, independent of preexisting social hierarchies. Rejecting Paul Hazard’s conception of absolute rupture between seventeenth-century culture and eighteenth-century thought, Gordon destroys the facile dichotomy between seventeenth-century hierarchy and eighteenth-century equality and, once again, admirably depicts the compatibility of Enlightenment and absolutism.If chapters one to three underscore a certain continuity between the seventeenth and eighteenth centuries, chapters four and five explain important changes. It is not, for example, the mere preservation of the idea of sociable communication but rather its new use that is germane in understanding the Enlightenment. Now “conversation” and “civility” no longer had meaning only for an urban elite but had in fact become ideals in all philosophical endeavors including the writing of universal history. Sociable communication had become the defining characteristic of modern nations. In the fourth chapter, by analyzing in detail the works of Jean-Baptiste Suard, Gordon demonstrates the meaning that the writing of universal history in Scotland acquired within the French... (shrink)

ANNOTATION Sardak S.E. Global Regulatory System of Human Resources Development. – Manuscript. Thesis for the Doctor of Economic Science academic degree with major in 08.00.02 – World Economy and international economic relations. – SHEE «Kyiv National Economic University named after Vadym Hetman», Kyiv, 2014. The preconditions and factors of the global economic system with the identified relevant subjects areas and mechanisms of regulation instruments have been investigated. The crucial role of humans in the global economic system as a key factor (...) of production, the main resource, the producer and the consumer of economic and social benefits that are exposed to global threats, problems, challenges, trends and subjects has been confirmed. There have been revealed the causes and consequences of the public institutions transformation under the influence of globalization, which formed a qualitatively new conditions for social and economic development that determine the need for further changes in the areas of conceptual guideline for the management of human resources development, optimization of tasks, state and international institutions activity forms, integration of efforts as for monitoring, planning and forecasting. The modern major instruments and spheres of international cooperation to ensure human development have been determined. The integrated characteristic of human resources and their role in social development both from the standpoint of their use in labour processes and as a medium of civilization and social utility with the help of the categorical classification system organizing and expanding which enables to design and apply the appropriate approaches at all managerial levels have been defined. The necessity and the concept of human resources development in the context of the content of managerial influence identifying (self-development, self-management and external control of development) at different administrative levels that ensures the growth of human capital to the limits of its potential have been analysed. The survey of human activity system aspects in the global world, taking into account the parametrization of the global environment, its structure, management and development have been realized. The formed methodology principles of managerial influence on the development of human resources with scientific schools, hardness degrees, available models, research and providing theoretical and practical implementation peculiarities for groups of countries and territories of the world taken into consideration have been examined. There have been noted civilization and national differences in the forms of managerial influence on the development of human resources, which lead to the formation of human resources development national control systems conditioned by different value public strategic guidelines, especially in relation to social security, education, national management and state migration policy. The current and future requirements for global human resources development which are proposed to be achieved by the development and formalization of global civilizational paradigm of social development due to social coordination interaction have been given. The influence of the institute of state on the human resources development has been evaluated and it has been proved that in the beginning of the XXI century in the global environment the institute of state is the ultimate guarantor of its citizens’ labour ability and vital activity renewal, that makes it the main instrument of managerial influence on human development. The methodology of countries and territories matrix positioning by human development qualitative criteria and population size quantitative parameters which allows to design unified managerial measures as for human resources for similar national economies in the context of global regulatory trends has been proposed. The strategic trends of improvement of human resources development in the national economy, taking into account the differences in the development of human resources in different countries and areas which vary and differ in their focus, content and ways of implementation for such groups. The varying criteria for evaluating the effectiveness of the global impact on human resources development, taking into account the natural, biological, technological, economic, social and management dimensions and the results of human resources development management in social and economic systems at various levels have been revealed. The periodization and the forecast of the global dynamics of human resources development by analyzing and modeling the values of the absolute and relative terms correlation character have been carried out, which enables to make their retrospective and prospective comparison and to find chronological boundaries of qualitatively different periods. The configuration of the human resource development global coordinate system as a set of interrelated principles, components, fields, tools, frameworks, management levels and forms of managerial influence that allows with the help of institutional means to adapt the state of human resources development to a globally varying environment. (shrink)