This article examines the grappling of modern positivists with the question of legal unity. It presents and contrasts two antagonistic positivist strands—naturalist and normativist—epitomized in the works of Austin and Kelsen, respectively. The two strands correspond to two contrasting models of legal authority—criterial and coherence-based—and they accordingly diverge on the proper explanation of unity. Naturalist, criterial models purport to explain the unity of law based on extra-legal facts alone; normativist, coherence-based models resort strictly to the interrelation of legal elements themselves. (...) Against this backdrop, the article argues that Raz’s work on the subject is torn between Austin and Kelsen: While his naturalist ancestors accounted for legal unity externally, Raz’s prominent works are captivated by the Kelsenian realization that the unity of law must be accounted for internally. Two central upshots follow. First, the analysis provides a litmus test for the (in)ability of naturalist positivism to explain legal unity. Second, Raz’s strategic reliance on Kelsen distorts his work: Both the Grundnorm and validity chains are upended to fit Raz’s naturalist commitments. (shrink)

1. Moʻadim. Torat ha-midot -- 2. Pirḳe maḥshavah -- 3. Penine ha-Meshekh ḥokhmah.

The author proposes a model for theological anthropology as embodied sensing that is based on an interdisciplinary exploration of the corporeal turn from a southern African perspective. The work of James B. Nelson is acknowledged, stating that body theology starts with the concrete, the bodily expressions of life and not with doctrines about God and humanity. The theological anthropology of David H. Kelsey is evaluated as a theological anthropology with a sentiment of the flesh. Based on clearings in the work (...) of David Kelsey and an interdisciplinary research, the author proposes a model for theological anthropology as embodied sensing which functions within the intricate and complex connection of the living body, language and experiencing in a concrete lifeworld with an openness to the ‘more than’. The author considers the use of bodymapping within narrative therapy as a way in which to uncover the intimate and intricate connection between the living body, experience and language, and implementing insights from theological anthropology as embodied sensing. (shrink)

The years following Israel’s founding were formative ones for the development of philosophy as an academic discipline in this country. During this period, the distinction between philosophy seen as contiguous with the humanities and social sciences, and philosophy seen as adjacent to the natural and exact sciences began to make its presence felt in the Hebrew University of Jerusalem. This distinction, which was manifest in the curriculum, was by no means unique to the Hebrew University, but reflected the broader bifurcation (...) between two schools of Western philosophy in the twentieth century. In English-speaking countries, it is generally referred to as the divide between analytic and continental philosophy. What was special about the situation at the Hebrew University, however, was that the split manifested itself in a rather small department, being embodied, basically, in one prominent representative of each school – Nathan Rotenstreich and Yehoshua Bar-Hillel. This article will focus on some key aspects of the lives and thought of Rotenstreich and Bar-Hillel. It will address their philosophical maturation as S.H. Bergmann’s students, their views on the goals of twentieth-century philosophy, on the philosopher’s role in public life, and the circumstances under which they started teaching in Jerusalem right after the founding of the State of Israel. (shrink)

The Corsair affair has been called the "most renowned controversy in Danish literary history." At the center is Søren Kierkegaard, whose pseudonymous Stages on Life's Way occasioned a frivolous and dishonorable review by Peder Ludvig Møller. Møller was associated with The Corsair, a publication notorious for gossip and caricature. The editor was Meïr Goldschmidt, an acquaintance of Kierkegaard's and an admirer of his early work. Kierkegaard struck back at not only Møller and Goldschmidt but at the paper as a whole. (...) The present volume contains all of the documents relevant to this dispute, plus a historical introduction that recapitulates the sequence of events surrounding the controversy. Parts I and II contain articles both signed by and attributed to Kierkegaard in response to the affair. A supplement includes writings pertaining to the Corsair affair by Goldschmidt and Møller, as well as unpublished pieces by Kierkegaard from his journals and papers. Although the immediate occasion was literary, for Kierkegaard the issues as well as the consequences were ethical, social, philosophical, and religious. Howard Hong argues that the most important consequence was wholly unexpected and unintended: the second phase of Kierkegaard's authorship. (shrink)

Description: Ancient Indian logic by itself is a very vast subject. The ancient Sanskrit term nyaya which was first used in a different or in a much more general sense, was later specifically applied to the Nyaya school. The physics and physiology and psychology of the Nyaya doctrine are not specifically its own, being from the first indistinguishable from those of its sister Sastra, the Vaisesika. What characterizes it specifically is the development of the nyaya or five-membered method of demonstration (...) and its insistence on the four sources of knowledge, corresponding to the first four members of its demonstrative formula, or 'Syllogism.' The importance of Nyaya is in its doctrine of the pramanas, or sources of proof, and in its formulation of the nyaya, or method of demonstration. Indian Logic in its Early Schools by H.N. Randle is an interpretation of Indian logical theory in its historical development based on the study of original texts wherever reference to Nyaya as a method of logic has been made, and thus, covers a very wide field of Indian philosophy. An indispensable work for students of Indian philosophy, it is especially important for those who are interested in Nyayadarsana in its relation to the early logic of other schools. (shrink)

According to familiar accounts, Rousseau held that humans are actuated by two distinct kinds of self love: amour de soi, a benign concern for one's self-preservation and well-being; and amour-propre, a malign concern to stand above other people, delighting in their despite. I argue that although amour-propre can (and often does) assume this malign form, this is not intrinsic to its character. The first and best rank among men that amour-propre directs us to claim for ourselves is that of occupying (...) 'man's estate'. This does not require, indeed it precludes, subjection of others. Amour-propre does not need suppression or circumscription if we are to live good lives; it rather requires direction to its proper end, not a delusive one. (shrink)

Criticism and interpretation of Zawāhir al-ḥikam by Ḥasan ibn ʻAbd al-Razzāq Lāhījī, 1635 or 1636-1709 or 1710; Islamic philosophy - Early works to 1800; Shīʻah - Doctrines - Early works to 1800.

The Responsible Self was H. Richard Niebuhr's most important work in Christian ethics. In it he probes the most fundamental character of the moral life and it stands today as a landmark contribution to the field. The Library of Theological Ethics series focuses on what it means to think theologically and ethically. It presents a selection of important and otherwise unavailable texts in easily accessible form. Volumes in this series will enable sustained dialogue with predecessors though reflection on classic works (...) in the field. (shrink)