Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation arising from (...) our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and misguided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theoretically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any particular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open! (shrink)

Quite different from translation for general purposes, transplanted legal discourse is often unmatchable to the target discourse community. In reality, exact equivalence could not be found in terms of translation in legal transplant, which means the major task of translation in legal transplant is to solve lacunae, discursive gaps between the source text and the target text. In legal translation, a lacuna seems to constitute a factor of untranslatability. This paper, based on a study of four cases, argues that equivalence (...) can be achieved within the proposed Translational Triangle. The sociosemiotic approach is adopted in this study to explore the complexity in legal translation, and provide insights into legal translation, both theoretically and practically. (shrink)

It is widely held in translation studies that translation proper is not merely a process of linguistic transfer but also of cultural transfer. But how cultural transfer is effected or whether it can be effected is not at all clear. The study begins with a critical analysis of the problems relating to law translation in general and translating the common law into Chinese in particular. It then examines the nature of cultural transfer in law translation with special reference to the (...) translation of common law terminology. The study purports to set out the framework for legal translation as cultural transfer, in particular, for translating the common law into Chinese in Hong Kong. It argues that successful transfer of the legal culture of foreign laws always requires the adjustment of translating language and the employment of metalanguage. (shrink)

Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign does not have any inherent meaning, and its meaning (...) can only exist in the relationship with other signs or sign systems. In other words, a legal term only denotes in a particular temporal and spatial context. Through this study, we conclude four propositions about a legal term as a sign: first, the connection of a legal term with a legal concept is relatively arbitrary; second, the meaning of a legal term exists in a sign system; third, a legal term can be subject to multiple interpretations; fourth, the defining of a legal term may be affected by other sign systems. (shrink)

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...) This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process. (shrink)

While a much investigated concept because of its importance in shaping human discourse, modality has still not been given an agreed understanding. Using authentic Chinese court judgments in Hong Kong, this paper aims to unravel the complexity of modality as exemplified in its usage in the legal domain. It examines formal, semantic, and functional approaches to modality, showing their weaknesses in identifying and explaining modality in legal discourse. It proposes a socio-semiotic approach as an alternative for giving us a better (...) understanding of modality in respect of its meaning and function in our language as a sign system. (shrink)

Augustine and Anselm form a common tradition in mediæval thought about angelic sin, a tradition rooted in patristic thought and centred on their attempts to give a philosophically coherent account of moral choice. Augustine concentrates on the reasons and causes of angelic sin, especially in reference to free will; Anselm adopts Augustine’s analysis and extends it to issues about the rationality of sinful choice. Each takes Lucifer’s primal sin to be the paradigm case. Lucifer, undistracted by bodily desires and unencumbered (...) by history, committed the first moral misdeed in an entirely good universe newly created by an entirely good God. The challenge is to give a philosophical account that permits us to understand how the best and brightest of all angels nevertheless made a sinful choice in such uniformly positive circumstances. (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and (...) striking insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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[1] In twelve quite demanding chapters, outstanding scholars provide an overall view of the key issues of Scotus’s philosophical thought. To this a very concise introduction is added, concerning the life and works of John Duns (very good, especially the survey of works and the information on critical editions etc.). Throughout the book, I find the information clear and the difficult topics well explained. Moreover, the volume gives a quick entrance to the vast literature. Among the topics discussed are: ‘Metaphysics’ (...) (Peter King), ‘Universals and Individuation’ (Timothy Noone), ‘Modal Theory’ (Calvin Normore), ‘Natural Theology’ (James Ross & Todd Bates), ‘Philosophy of Mind’ (Richard Cross), ‘Cognition’ (Robert Pasnau), ‘Moral Dispositions’ (Bonnie Kent). What strikes the eye is the absence of important theological subjects: Trinity, Christology, sin and grace, to name a few. Since the cover text promises that ‘the essays in this volume systematically survey the full range of Scotus’ thought’, this omission is remarkable. It stems, I guess, from the strict philosophical scope of the series of the Cambridge Companions, but such a limitation should have been recognised explicitly: this companion provides, in fact, an introduction to John Duns’s philosophy—i.e., philosophy in our modern sense. Of course, this separation of philosophical from theological thought is not from Scotus. Most of his innovative ‘philosophical’ ideas are developed in a profoundly theological context! (shrink)

stance, Scotus adopts Anselm’s notion of a ‘(pure) perfection’ and elevates it to a fundamental principle of his metaphysics. Again, he distills Anselm’s Ontological Argument into something like its original Monologion components, and then treats each component part of the argument with a rigor and attention to detail far beyond anything Anselm suggested. In the case of Anselm’s so-called ‘two-wills’ theory, however, Scotus’s revisions are so extensive that they amount to a rejection of Anselm’s account, even though Scotus retains some (...) of Anselm’s terminology. I’ll begin by looking at Anselm’s initial presentation of the two-wills theory in his De casu diaboli (§1), and his later refinements of that account in his De concordia (§2). I’ll then look at Scotus’s deployment, revision, and rejection of Anselm’s theory in his three discussions of angelic sin: Lect. 2 d. 6 q. 2 (§3), Ord. 2 d. 6 q. 2 (§4), and Rep. 2 d. 6 q. 2 (§5). This will be followed by a brief look at whether Scotus’s theory of the self-regulating will is an adequate replacement for Anselm’s account (§6). (shrink)

The Doctrine of Original Sin seems to require that human nature has literally undergone a change from its prelapsarian to its postlapsarian condition.It is not clear that this claim makes sense. How can human nature, the feature(s) in virtue of which human beings are what they are, change in time? (Think of the parallel claim about √2.) I consider three medieval attempts to resolve this problem: (1) Augustine’s two theories about shared human nature; (2) Anselm’s proposal that original sin is (...) an individual deficiency; (3) the “biological” proposal suggested by Odo of Cambrai and developed by Pseudo-Joscelin. (shrink)

The paper explores Pascal’s idea according to which the teachings of the Church assume the hiddenness of God, and, hence, there is nothing surprising in the fact of the occurrence of nonresistant nonbelief. In order to show it the paper invokes the doctrines of the Incarnation, the Church as the Body of Christ, and the Original Sin. The first one indicates that there could be greater than nonbelief obstacle in forming interpersonal bonds with God, namely the ontological chasm between him (...) and human persons. The assumption of the human nature by the Son of God could be seen as a cure for this problem. The doctrine of the Church shows it as an end in itself, and in order for the Church to have meaning and to exist there has to be nonbelief in the world. Finally, the dogma of the Original Sin shows that there is no category of purely nonresistant nonbelief. The paper also addresses Schellenberg’s “accommodationist strategy” from the perspective of the Christian theology and in the last part it investigates what should be the influence of the fact of the hiddenness on theology’s take on the divine revelation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The King and the Crowd: Divine Right and Popular Sovereignty in the French Revolution Robert G. Hamerton-Kelly Stanford University We French cannot really think about politics or philosophy or literature without remembering that all this— politics, philosophy, literature—began, in the modem world, under the sign of a crime. A crime was committed in France in 1793. They killed a good and entirely likable king who was the (...) incarnation of legitimacy. We cannot not remember that this crime was horrible... When we speak about writing, the accent is on what is necessarily criminal in writing. (Jean-François Lyotard, "Discussion Lyotard-Rorty" 583; quoted in Dunn 165) The condemnation ofthe king is at the crux ofour contemporary history. It symbolizes the secularization of our history and the disincarnation of the Christian God. (Albert Camus, The Rebel 120; quoted in Dunn 140) Susan Dunn makes a well-documented case that the death of Louis XVI was unconsciously understood, especially by the Jacobins, as a human sacrifice that was necessary for the founding of the republic. "Louis must die because the patrie must live," said Robespierre at the king's trial, and the representative Carra considered Louis "the source of corruption and servitude... the fatal talisman ofall our ills" whose death would cause the people to be "regenerated in morality and virtue" (Dunn 15-37). The king was a monster and the source ofall the ills, and his death 68Robert G. Hamerton-Kelly had the power to alleviate those ills and regenerate the nation. This image of the king as sacrificial victim persisted throughout the first half of the nineteenth century in French literature and politics, sometimes assimilating itself to the image of Jesus Christ who died for the sins of the world. Legitimist writers like Joseph de Maistre saw his death precisely in this light as a great Christian sacrifice that would do France and the world good (Dunn 28-37). The king as a sacred monster whose life causes all ill and whose death brings healing is the classic figure of the scapegoat or sacrificial victim identified by René Girard. Susan Dunn recognizes this but because she does not know Girard's mimetic theory she is not able to explain the significance of the scapegoat king. Her work is, indeed, as Conor Cruise O'Brien says in the foreword, a work ofdemonstration rather than argument, of evidence rather than interpretation. I offer a mimetic interpretation ofthe Jacobin claim that the death ofthe king was the human sacrifice that founded the republic, and an argument that a universally operative generative mechanism forged the historical events of the revolution.1 There is no essential difference between the sovereignty ofthe king and the sovereignty of the people. In both cases sovereignty arises from a metaphorical contract that threatens death to anyone who violates it. The royal metaphors are organic while the revolutionary metaphors are legal and rational, but they all express the sacrificial structure ofpolitical power. Revolutionary democracy imports the fiction ofrationality to obscure its sacrificial structure. The desire ofthe general will for contractual equality is a transformation of mimetic desire in search of a victim around which the bad violence ofmimetic rivalry can coalesce into the good violence of sacred order. Sovereignty, therefore, is structurally single and simple; it is violence transformed through the sacred into the powers oforder. Max Weber understood this in general ifnot in its particulars when he defined sovereignty as the monopoly of the means of violence within a single territory.2 1 Mimetic theory was discovered by René Girard. I have given an account of my understanding of it in 7Ae Gospel and the Sacred 129-52. The idea of a mechanism universally operative in human history isjustified in the emerging discipline ofevolutionary psychology. Such mechanisms are the result ofthe interaction ofgenetic and environmental factors in the process of evolution (see Robert Wright). 2 The precise quotation from Weber is as follows: "The state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a The King and the Crowd69 The transition from royal to popular sovereignty is a transformation of the basic pattern of victim and group. The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 347-350 [Access article in PDF] Book Review The Sin of Knowledge: Ancient Themes and Modern Variations, The Sin of Knowledge: Ancient Themes and Modern Variations, by Theodore Ziolkowski; xvi & 222 pp. Princeton: Princeton University Press, $29.95. After thirty-five years of teaching and administrating at Princeton University, dozens of books, and innumerable articles, the eminent Germanist Theodore Ziolkowski has turned his attention to a (...) theme appropriate for someone so immersed in the intellectual life: the sorrow and grief that accompany human knowledge. Although Ziolkowski has made great contributions in standard studies of genre (notably the elegy and the twentieth-century novel) and authors (Mann, Hesse, and Broch), he became especially well known for his theorization and implementation of thematic studies, ranging from the sublime--fictionalizations of the life of Jesus--to the humorous--talking animals in literature. The figures whom Ziolkowski has selected for analysis of the sin of knowledge are Adam, Prometheus, and Faust, each of whom he views through both an ancient and a modern lens.All three of these mythic heroes violate "divine prohibitions against the new knowledge" (p. 69). Less heroically, all of these myths treat women misogynistically. Generally, Ziolkowski sees each of these stories as having emerged in a time of crisis, when new opportunities presented humanity with knowledge both alluring and disruptive. Because these are highly elastic myths, able to provide meaning in a variety of contexts, they have all mutated in modern times. Adam's Fall comes to represent the human transition from innocence to consciousness, Prometheus becomes a symbol for socialism's promise, and Faust turns into a representative of the American way of life.Looking at the ancient legend of Adam, Ziolkowski notes that sexuality and wisdom are linked in many of the oldest texts in humanity's recorded history. The emphasis on knowledge, however, is especially strong in the Hebrew myth. While many Near Eastern traditions have stories with similarities to the Biblical account of Adam and Eve, only Hebrew mythology has the Tree of Knowledge. For Ziolkowski, the fact that this story was probably set down during the reign of King Solomon explains this emphasis on knowledge. Because the Age of Solomon was a time of unparalleled wealth and power for the Hebrews, [End Page 347] Ziolkowski argues that the tale of Adam and Eve is the kind of myth "produced by cultures that have reached a certain level of sophistication... and look back with a degree of nostalgia at an imagined simpler, happier existence" (p. 23). According to Ziolkowski, knowledge becomes a sin for the Hebrews as they come to terms with the limitations of everything that their knowledge has brought them even at the height of their power and glory.In the modern era, Ziolkowski continues, the story of Adam has become secularized, representing the transition of humanity from a state of innocence to one of consciousness. He finds references to the Fall in Voltaire's Candide, Kleist's The Broken Pitcher, E. T. A. Hoffmann's The Golden Pot, Melville's Billy Budd, and Hesse's Demian. The overall trend of these representations of the rise of consciousness has been increasingly negative, culminating in sentiments like those expressed by the East German author Günter Kunter, who argues that "our whole present misery and all the problems of industrial civilization" can be linked to "the moment when man used the first firestone as a tool, the Fall" (p. 107). As Ziolkowski concludes: "Two centuries of secularization have brought the modern Adam to a depressing end" (p. 108).Citing Nietzsche, who compared Prometheus to Adam (and Pandora to Eve), Ziolkowski looks first at Hesiod's depiction of Prometheus as a trickster and then to Aeschylus' hero. Unlike the authors of the story of Adam and Eve, though, Aeschylus depicts Prometheus' claim to divine knowledge in a positive light: "Rather than a humankind declining from a glorious golden age to the present deplorable iron age, Aeschylus sees humanity progressing by means of knowledge--the crafts, arts, and sciences--from blindness and ignorance... (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)

Though the word "atonement" does not appear in King Lear, the concept is present, along with related ones, like sin, justice, redemption, and sacrifice. Like other plays, Lear alludes to various atonement theories, setting them in dramatic conflict or cooperation and subjecting some to critique. Besides revealing the inadequacy of models based on payment or punishment, the play reinterprets the sacrificial theory of atonement by presenting sacrifice (especially that of Cordelia) as gracious and redemptive self-offering, not as a punishment (...) or payment that satisfies anger or offended honor. Though the play’s religious references, including to Christ, are pervasive, ultimately atonement takes place at a human level, in the healing of relationships and inner maladies. Yet such atonement involves what may be called “ethical transcendence,” a transcendence consisting not in an ascent beyond the human condition, but rather in the offering of oneself in relationship and service to others. (shrink)

The film's rousing opening is a unifying creation myth every Wakandan child surely knows by heart. The characters in Black Panther are not contemplating justice from behind a veil of ignorance, nor applying ideal principles of justice to govern a nascent Wakandan society. Different approaches to achieving justice given that injustice has already happened vie for our consideration. The case for restitutive justice at the museum is pretty strong, but Eric Killmonger does a poor job of it: like his brief (...) reign as king, his corrective justice begets further injustice. Killmonger is not the only character in Black Panther for whom retribution as corrective justice resonates. In Black Panther, T'Challa, Killmonger, and Nakia offer radically different visions for Wakanda after injustice, visions for our hero – and for us – to reckon with. Killmonger insists on what T'Challa wants to ignore, that the people within Wakanda's borders exist in relation to the people outside them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Bonhoeffer and King: Their Legacies and Import for Christian Social ThoughtCharles W. ChristianBonhoeffer and King: Their Legacies and Import for Christian Social Thought Edited by Willis Jenkins and Jennifer M. McBride Minneapolis: Fortress Press, 2010. 304 pp. $25.00Countless books have been written about Dietrich Bonhoeffer and Martin Luther King Jr., assessing their individual leadership in the areas of social justice and theology in the twentieth (...) century. Relatively few works have brought these two individuals together in comparative analysis. This book, edited by Willis [End Page 216] Jenkins (assistant professor of social ethics at Yale Divinity School) and Jennifer M. McBride (visiting lecturer at Candler Divinity School), seeks to do that; it brings together a wide array of scholars in the fields of ethics, theology, pastoral ministry, political theory, African American studies, and feminist theology.As McBride points out in her introduction, the “significant differences in their historic, sociopolitical contexts” can present challenges in comparing the work of these two men and in seeking to contemporize them (8). However, the thought and life of both martyrs “demand[s] action”; in other words, the “thought” of both Bonhoeffer and King remains incomplete without “courageous, constructive, redemptive social engagement” (3). It is in this spirit that the book unfolds.The book is divided into four parts. The first four chapters compose part 1 (titled “Critical Distance”), which takes a broader look at the legacies, key concepts, and limitations or critiques of the thought of Bonhoeffer and King. For example, the second chapter by Stephen R. Haynes (“King and Bonhoeffer as Protestant Saints”) reminds us of the perils of the larger-than-life legacies of both these individuals. When noteworthy persons become personalities or cultural heroes, key aspects of their legacies can be minimized or overlooked. This is particularly important in contemporary American settings where politicians and commentators tend to reduce the legacies of both Bonhoeffer and King to fit their own political agendas.Part 2 pays specific attention to the influence of Bonhoeffer and King on matters related to social justice, such as poverty, racism, and violence. Among the notable contributions in this section is the chapter by Craig J. Slane that deals with the “unexpected turn toward violence” (112) for Bonhoeffer during his involvement in the plot to assassinate Hitler during World War II. Part 3 looks at the ways in which the lives and teaching (and especially preaching, in King’s life in particular) of Bonhoeffer and King are instruments of social redemption. In addition to noting the influence of Niebuhr’s emphasis on social sin and social redemption on King’s preaching and leadership, it points out that both Bonhoeffer and King were deeply influenced by the economic and social upheavals of their time; their preaching, teaching, and writing sought to address, in concrete ways, the racial, economic, and political realities of their contexts. In part 4, “Peacemaking,” four authors highlight the contributions King and Bonhoeffer have made to peacemaking and the influence these contributions continue to have. They discuss both men’s commitment to nonviolence and pacifism and the particular challenges this commitment created for them (especially for Bonhoeffer, given his participation in a plot to overthrow Hitler).The essays in this book do not present these two martyrs as unblemished. The book contains rich discussions that honestly assess their personal struggles [End Page 217] of conscience as well as their contextual struggles with such issues as the role of women. Furthermore, the reader will find a solid introduction to the lives and thought of both men while at the same time sitting in on a diverse conversation about how their influential interpretations of the Christian faith can continue to be fleshed out. May this kind of conversation (and action) continue!Charles W. ChristianMount Vernon Nazarene UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

Thomas More's History of Richard III is a metahistory, rich in factual and fictional details. I will discuss More's concept of historiography as a rhetorical art and how his presentation of history transformed details of what was imperfectly known about Richard III into a polemic about what should be believed as an irrefutable truth. More's conception of history is much more amorphous than modern theories. He incorporated classical myths, literature, history, and philosophy along with phantasies, dreams, and oral testimonies to (...) recreate his historical Richard III as a tragic figure. More saw patterns of immoral behavior deeply rooted in the histories of the Plantagenet kings from the twelfth century to 1485 as if the sins of the fathers are repeated by their children. More used his sources, the antiquarian John Rous, the historian Polydore Vergil, and the oral history of Archbishop/cardinal John Morton to prove that the immorality of the Plantagenets, embodied in Richard III, was a curse that will be purged from England by the ascendance of Henry VII. William Shakespeare copied and embellished More's tragic vision of Richard III. Their historical facts and fictions enhanced their moral signification of the rise and fall of Richard III in English history. (shrink)

The reader may wish to know something of Antoine Arnauld and his times. His life was full of conflict, with the Jesuits, with the king of France and, though he was a zealous Catholic, with the pope.[ Note ] The son of a wealthy lawyer, he never had to work for his living at anything he did not choose to do. As a priest he never seems to have had any pastoral or teaching responsibilities except those he chose to (...) assume. By choice he was an almost full-time controversialist, whose extant writings fill some forty large volumes. Day by day he went into his study, sharpened his pen and attacked someone---or defended someone, or refuted an answer, or answered a pretended refutation, or wrote a Premier Écrit pour la defense de la seconde lettre. His writings are mostly in the style of some of the less well-known works of Hobbes and Locke, or of certain writings Marx and Engels left to the criticism of the mice. (shrink)

This article offers a reading of Sartre's phenomenological ontology in light of the pre-modern understanding of ‘transcendentals’ as universal properties and predicates of all determinate beings. Drawing on Sartre's transcendental account of nothingness in his early critique of Husserl as well as his discussion of ‘determination as negation’ in Being and Nothingness, this article argues that Sartre's universal predicate of ‘the not’ (le non) could be understood in a similar light to the medieval scholastic conception of transcendentals. But whereas the (...) scholastics saw the transcendental properties of oneness, truth, and goodness as reflections of God's divine perfections, Sartre's predicate of the ‘not’ operates as an atheistic transcendental which signifies the non-being of God – that God is not. By comparing Sartre's phenomenological ontology to medieval theological metaphysics, this article not only highlights the atheist underpinnings of Sartre's entire ontological schema in Being and Nothingness but also offers a new way of interpreting Sartre as a systematic transcendental metaphysician. (shrink)

Some contextually sensitive expressions are such that their context independent conventional meanings need to be in some way supplemented in context for the expressions to secure semantic values in those contexts. As we’ll see, it is not clear that there is a paradigm here, but ‘he’ used demonstratively is a clear example of such an expression. Call expressions of this sort supplementives in order to highlight the fact that their context independent meanings need to be supplemented in context for them (...) to have semantic values relative to the context. Many philosophers and linguists think that there is a lot of contextual sensitivity in natural language that goes well beyond the pure indexicals and supplementives like ‘he’. Constructions/expressions that are good candidates for being contextually sensitive include: quantifiers, gradable adjectives including “predicates of personal taste”, modals, conditionals, possessives and relational expressions taking implicit arguments. It would appear that in none of these cases does the expression/construction in question have a context independent meaning that when placed in context suffices to secure a semantic value for the expression/construction in the context. In each case, some sort of supplementation is required to do this. Hence, all these expressions are supplementives in my sense. For a given supplementive, the question arises as to what the mechanism is for supplementing its conventional meanings in context so as to secure a semantic value for it in context. That is, what form does the supplementation take? The question also arises as to whether different supplementives require different kinds of supplementation. Let us call an account of what, in addition to its conventional meaning, secures a semantic value for a supplementive in context a metasemantics for that supplementive. So we can put our two questions thus: what is the proper metasemantics for a given supplementive; and do all supplementives have the same metasemantics? In the present work, I sketch the metasemantics I formulated for demonstratives in earlier work. Next, I briefly consider a number of other supplementives that I think the metasemantics I propose plausibly applies to and explain why I think that. Finally, I consider the prospects for extending the account to all supplementives. In so doing, I take up arguments due to Michael Glanzberg to the effect that supplementives are governed by two different metasemantics and attempt to respond to them. (shrink)

At the time of this writing, a widely publicized, waived-consent trial is underway. Sponsored by Northfield Laboratories, Inc. (Evanston, IL) the trial is intended to evaluate the emergency use of PolyHeme®, an oxygen-carrying resuscitative fluid that might prevent deaths from uncontrolled bleeding. The protocol allows patients in hemorrhagic shock to be randomized between PolyHeme® and saline in the field and, still without consent, randomized between PolyHeme® and blood after arrival at an emergency department. The Federal regulations that govern the waiver (...) of consent restrict its applicability to circumstances where proven, satisfactory treatments are unavailable. Blood - the standard treatment for hemorrhagic shock - is not available in ambulances but is available in hospitals. The authors argue that the in-hospital stage of the study fails to meet ethical and regulatory standards. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics CommentaryMichael Robertson, Senior Research FellowThe French philosopher Michel Foucault once recounted the story of the English King, George III, being restrained by his guards at the direction of his physician Dr. Willis. King George, presumably deranged by a psychotic mania consequent upon porphyria, was incapable of self-rule and his power was usurped by the medical profession in an act of coercion tantamount to treason. This for (...) Foucault was a profound metaphor of psychiatric power.1The plight of Mdm. W yokes the two most emotive issues in psychiatry — involuntary treatment and the administration of ECT. Whilst only utilised at an extremity of clinical practice, both of these are the most misunderstood of actions performed by the psychiatric profession. Yet, in many circumstances, they are life-saving.In essence, we are confronted with a profoundly depressed woman, whose illness is seemingly resistant to first line treatment and poses a serious, credible risk of harm. Most psychiatrists would regard this as somewhat of a psychiatric emergency. We are informed that Mdm. W’s family has transcended any cultural taboos about mental illness and is engaged in her care, has an extensive lived experience of her severe mood disorder and accepts, indeed welcomes, the use of ECT to terminate a severe episode of depression. In the course of a psychotic depression, Mdm. W is suffering profound distress and presents a risk of either suicide or serious medical complications if the episode persists. Despite the minimal discomfort during the actual administration of ECT, Mdm. W’s distress will be compounded by the further restraint needed to prevent from her eating and drinking prior to anaesthesia.It is difficult to know what Mdm. W’s experience of this situation would [End Page 230] be. Through the prism of her disturbed mental state, with its derangements in thinking, cognitive functioning and apprehension of reality, she would likely experience the situation as one of fear or terror; she would likely interpret ECT and the enforced restriction of oral intake prior to the procedure as punitive — further evidence of her “sins”, reinforcing her delusional guilt and nihilism. Yet to speak to Mdm. W in circumstances of euthymia or normal mood, where such derangements no longer occur, might reveal an utterly different perspective on the situation. Like many people with episodic mental illnesses, Mdm. W might, when such a scenario was put to her, consent to future treatment with ECT without equivocation. Indeed, many patients with bipolar disorder formulate advance directives in regard to the specific management of their possible future episodes of illness.If the clinical and legal aspects of this situation are so clear, why is there a sense of a dilemma in the realm of clinical ethics? Beyond the emotive nature of the situation, we see a deeply distressed woman being provided potentially life-saving treatment, which is being denied to her by the profound impairments of insight and judgement consequent upon her illness.In Singapore, such detention and enforced treatment under the Mental Capacity Act (2010) applies to a person with a mental illness or disorder who lacks capacity to make decisions in their own best interests based upon impairment of mind or brain. This would be considered a “capacity” based mental health law. In other jurisdictions, the legal test and evidentiary justification for such care may be predicated upon risk of harm to self or others. In either setting, Mdm. W’s clinical situation provides adequate legal justification for such enforced care.The moral justification of such laws falls into two general categories — the “risk” argument and the “capacity” argument. In mental health legislation, the “harm principle”, as first elaborated in John Stuart Mill’s On Liberty,2 is usually defined in terms of the construct of “risk”. Risk is a term that has multiple meanings in different disciplinary contexts, although all approaches to “risk” attempt to apply knowledge to an area of uncertainty.3 The notion of “risk assessment” is usually considered as the process of categorising individuals by their perceived likelihood of causing serious harm to themselves or harm to others. In the insurance industry, actuarial assessment is a mathematical discipline aimed at computing a probability of adversity... (shrink)

Although generally not thought to be a work of political theory, 'The Record and Process of the Deposition of Richard II' was grounded in both practice and theory. A recitation of the political sins of Richard II, it also became a theoretical statement of what medieval Englishmen expected good kingship to be. It was grounded in the common law tradition as well as in the work of various fourteenth-century theorists. 'The Record and Process' enunciated specific rights that its authors expected (...) a king to observe as well as indicating that English kings were considered to be below both natural and positive law. (shrink)

Assume that the only thing before you is a statue made of some alloy. Call those who think that there is one thing before you in such a case monists. Call those who think there are at least two things before you in such a case pluralists. The most common arguments for pluralism run as follows. The statue is claimed to have some property P that the piece of alloy lacks (or vice versa), and hence it is concluded that they (...) are distinct. Most often, the predicates employed in such arguments to express the crucial property are predicates expressing ‘temporal properties’, such as existing at a certain time; or ‘modal properties’, such as possibly being spherical; or ‘constitution properties’, such as being made of a certain sort of material. In a recent paper, Kit Fine has noted that such predicates suffer from various defects that make it possible for the monist to plausibly resist the relevant versions of the pluralist's arguments. For this reason, Fine considers a number of predicates that do not suffer from these defects, and constructs new versions of the above argument using them. Fine argues that any attempt on the monist's part to resist his versions of the argument force the monist to adopt implausible positions in the philosophy of language. As against this, I argue that the monist has perfectly plausible responses to Fine's arguments that require the monist to adopt only quite reasonable positions in the philosophy of language. (shrink)

Two treatises on memory which have come down to us from antiquity are Aristotle’s “On memory and recollection” and Plotinus’ “On perception and memory” ; the latter also wrote at length about memory in his “Problems connected with the soul”. In both authors memory is treated as a ‘modest’ faculty: both authors assume the existence of a persistent subject to whom memory belongs; and basic cognitive capacities are assumed on which memory depends. In particular, both theories use phantasia to explain (...) memory. Aristotle takes representations to be changes in concrete living things which arise from actual perception. To be connected to the original perception the representation has to be taken as a copy of the original experience ‑ this is the way Aristotle defines memory at the end of his investigation. Plotinus does not define memory: he is concerned with the question of what remembers. This is of course the soul, which goes through different stages of incarnation and disincarnation. Since the disembodied soul can remember, so he does not have Aristotle’s resources for explaining the continued presence of representations as changes in the concrete thing. Instead, he thinks that when acquiring a memory we acquire a capacity in respect of the object of the memory, namely to make it present at a later time. (shrink)

Throughout the turbulent early years of the fifteenth century, English magnates were having more than usual difficulty gaining access to, or remaining in, their own graves. Like Hitchcock's Harry, they kept being moved around. One of Henry IV's first acts upon acceding to the throne was to move Thomas, duke of Gloucester, to a better location in Westminster Abbey. After defeating Henry Hotspur at Shrewsbury, Henry IV first permitted his burial but then disinterred him and displayed his body suspended between (...) two millstones to prove he was really dead. Consumed with a sense of his own sinfulness, Henry IV eschewed the Westminster burial dictated for him by tradition and chose to lie in Canterbury instead. And of course the remains of Henry IV's victim, Richard II, lay out of place for thirteen years at Langley abbey before the new king, Henry V, arranged his reburial in his previously commissioned sepulchre in the Abbey of St. Peter, Westminster. (shrink)

Although most of us know that human beings cannot and should not be replaced by computers, we have great difficulties saying why this is so. This paradox is largely the result of institutionalizing several fundamental misconceptions as to the nature of both trustworthy objective and moral knowledge. Unless we transcend this paradox, we run the increasing risks of becoming very good at counting without being able to say what is worth counting and why. The degree to which this is occurring (...) is the degree to which the computer revolution is already over — and the degree to which we human beings have lost. (shrink)

Clinical gene transfer research has both a unique history and a complex and layered system of research oversight, featuring a unique review body, the Recombinant DNA Advisory Committee. This paper briefly describes the process of decision-making about clinical GTR, considers whether the questions, problems, and issues raised in clinical GTR are unique, and concludes by examining whether the RAC's oversight is a useful model that should be reproduced for other similar areas of clinical research.Clinical GTR is governed by the same (...) oversight system as most clinical trials, with a significant addition: the RAC. Like other research with human subjects, GTR, if it is affiliated with a federally funded institution, must be approved by an institutional review board whose activities are governed by the common rule, that is, the federal regulations for protection of human subjects in research. Like other research intended to produce a drug, device, or biologic to be marketed in the United States, GTR is also overseen by the Food and Drug Administration. (shrink)

distraction that leads innocent Post Keynesians into “classical sin.” Davidson (1994, 1996) argues that core Post Keynesian (PK) ideas such as that insufficient aggregate demand arise from fundamental uncertainty in a monetary economy do not depend on nonlinearity or complexity, that these core concepts are axiomatically and ontologically true, and that the inability of agents to forecast well in dynamically complex situations reflects mere epistemological problems of insufficient computational abilities. Thus complex dynamics is merely a classical stalking horse. This writer (...) (Rosser, 1990, 1998, 2001) disagrees with the argument presented above and its relatives (Mirowski, 1990; Carrier, 1993). Dynamic complexity provides a foundation for fundamental uncertainty in Keynesian and PK models, and this applies to most of the various sub-branches of PKE besides Davidson’s “fundamentalist” or “Keynes-Post Keynesian”2 approach. The argument will be considered regarding three subdivisions of Post Keynesianism as identified by Hamouda and Harcourt (1988): the aforementioned fundamentalist Keynesianism, Sraffian (or neo-Ricardian), and Kaleckian (or Kaleckian- Robinsonian).3 Following King (2002, chap. 10), I admit to being more in sympathy with those he describes as “synthesizers” than with the more partisan sectarians of these approaches.4 I shall describe how each sub-branch has been analyzed using ideas of.. (shrink)

Light is the most important analogy for the Vijñānavādin in proving self-awareness, namely the cognition that cognizes itself. Recent studies show that two opponents of the doctrine of self-awareness, Kumārila and Bhaṭṭa Jayanta alleged that the Vijñānavādin has also used light as an analogy for the view that cognition must be perceived before the object is perceived. However, this is a modification of the actual view of the Vijñānavāda that cognition must be perceived in order for it to perceive its (...) object. Based on Kumārila’s such modified restatement, Taber argues that “Kumārila’s Buddhist” fails to establish the light as a valid analogy in their theory. Taber’s argument is subsequently referred to by Watson and Kataoka in their works, in which they defend Vijñānavāda’s light-analogy against Taber. However, their defence is also based on a similarly modified restatement by Jayanta and the defence is set out in the view of Naiyāyika philosophy. This paper examines all these arguments and shows that Watson’s and Kataoka’s thought of the light-analogy might still be problematic. It also goes back to the original view of the Vijñānavāda and observes to what extent the light-analogy serves as a strong support for the establishment of the self-awareness. (shrink)

In this concentrated and detailed look at questions surrounding the act of sacrifice, Dennis King Keenan discusses both the role and the meaning of sacrifice in our lives. Building on recent philosophical discussions on the gift and transcendence, Keenan covers new ground with this exploration of the religious, psychological, and ethical issues that sacrifice entails. According to Keenan, sacrifice is paradoxically called to sacrifice itself. But what does this necessary, yet impossible condition mean for living an ethical life? Along (...) the way to an answer, Keenan considers the views of Hegel, Kierkegaard, Nietzsche, Heidegger, Bataille, Lacan, Levinas, Blanchot, Irigaray, Derrida, Kristeva, Nancy, and Zizek. This thoughtful and provocative work affords a sophisticated philosophical treatment of the question of sacrifice. (shrink)

"In the midst of the world, darkened with many sins and sorrows, in which the majority live, there abides another world, lighted up with shining virtues and unpolluted joy, in which the perfect ones live. This world can be found and entered, and the way to it is by self-control and moral excellence. It is the world of the perfect life, and it rightly belongs to man, who is not complete until crowned with perfection. The perfect life is not the (...) far-away, impossible thing that men who are in darkness imagine it to be; it is supremely possible, and very near and real. Man remains a craving, weeping, sinning, repenting creature just so long as he wills to do so by clinging to those weak conditions; but when he wills to shake off his dark dreams and to rise, he arises and achieves." - JAMES ALLEN - A Complete and Unabridged edition of James Allen's book "The Life Triumphant." Part of The Works of James Allen Series. Other Works by James Allen:- Above Life's Turmoil All These Things Added As a Man Thinketh Byways of Blessedness Entering the Kingdom (Part of- "All These Things Added") From Passion to Peace From Poverty to Power Foundation Stones to Happiness and Success James Allen's Book of Meditations for Every Day in the Year Light on Life's Difficulties Man: King of Mind, Body and Circumstance Men and Systems Morning and Evening Thoughts Out from the Heart (Sequel to "As a Man Thinketh") Poems of Peace The Divine Companion The Eight Pillars of Prosperity The Heavenly Life (Part of-"All These Things Added") The Mastery of Destiny The Path to Prosperity (Part of-"From Poverty to Power") The Shining Gateway The Way of Peace (Part of-"From Poverty to Power") Through the Gate of Good. (shrink)

Academic discussion of pornography is generally restricted to issues arising from the depiction of adults. I argue that child-pornography is a more complex matter, and that generally accepted moral judgements concerning pornography in general have to be revised when children are involved. I look at the question of harm to the children involved, the consumers, and society in general, at the question of blame, and at the possibility of a morally acceptable form of child-pornography. My approach involves an objectivist meta-ethics (...) and a utilitarian view of practical ethics, and I bring out the advantages of these theories to the consideration of moral issues such as this one. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:RANSOM'S GOD WITHOUT THUNDER: REMYTHOLOGIZING VIOLENCE AND POETICIZING THE SACRED Gary M. Ciuba Kent State University From tree-lined Vanderbilt University of 1930 Nashville, the modernist poet and critic John Crowe Ransom longed to hear in his imagination the God who thundered fiercely in ancient Greece, Rome, and Israel. The God of sacrifice who in Homer's Iliad, "his thunder striking terror," received libations from the warring armies (230). The God (...) of jealousy who in Aeschylus' Prometheus Bound "drove the sleepless thunderbolt, / plunged the fire spurting shaft/ down" on Typhon for defying heaven with his violence (46). The God of vengeance who in Ovid's Metamorphoses sent "blinding / Thunder [to shake] Olympus, and Pelim / Thrust down by heaven's bolt crashed over Ossa" when the giants piled mountain upon mountain to reach Jove's throne (35). The God ofviolence who in Psalm 78:48 delivered the cattle ofthe obstinate Egyptians "to the hail, and their flocks to hot thunderbolts" or who in 1 Samuel 7:10 "thundered with great thunder" to smite the Philistines. In God Without Thunder: An Unorthodox Defense of Orthodoxy Ransom attacked the modern heresy that deprived the deity ofsuch awful might and summoned Americans to live under a new myth of sacred violence. IfRansom listened with the ears ofthe Methodist faith in which he had been raised, he might have heard how the god of old was muted at the university where he studied and later taught. Ten years before Ransom was born, Methodist-sponsored Vanderbilt had eliminated the lectureship of naturalist Alexander Winched because hisPre-Adamites had challenged the Creation story in Genesis. But in 1914, when Ransom returned to his alma Gary M. Ciuba41 mater to begin more than two decades of teaching there, the Methodists ended their affiliation with Vanderbilt because of a dispute about church governance of the university (Bailey 9-10, 31-4). When the Scopes Trial caused a furor in 1925, Ransom was invited by Vanderbilt to condemn the Fundamentalists to the southeast in Dayton. He refused-not because he sided with the anti-Darwinists but because he believed that the tyranny of science was threateningthe poetic foundation ofreligion (Quinlan 40, n. 3). Ransom's thunderless plight was virtually imagined by H.L. Mencken, one of the most stinging critics of the creationists, when in 1922 he penned a tongue-in-cheek lament forthe passing ofthe ancient deities. "Where is the graveyard of dead gods? What lingering mourner waters their mounds? There was a time when Jupiter was the king ofthe gods, and any man who doubted his puissance was ipso facto a barbarian and an ignoramus," Mencken mock-elegized in "Memorial Service." "But where in all the world is there a man who worships Jupiter today?" (95). God Without Thunder provides the answer to Mencken's archly lugubrious question: it is John Crowe Ransom. Grieving the demise ofthe deity ofyore, Ransom's treatise on the religious imagination heralds a one-man revival of Jupiter Tonans. Ransom believes that the god ofantiquity has been muffled bythe spirit of scientific abstraction that reigns notjust in Tennessee but across all of America.7 Hetraces this modern cult ofthe mind beyond the current efforts ofreligion to seek a rapprochement with biology and physics; beyond the science-driven Prometheus of Shelley, the rationalism of the Protestant Reformation, and the inquiry of Copernicus; beyond the errors of early Christianity, to a kind of primal sin. Humans have used their intelligence first to set themselves above nature, then to order the world according to their ways, and finally to exploit all ofcreation for their use. Demystified by science, thunder has become not the mighty weapon ofthe ancient God who tolerated no rivals but only the noise of heated and expanding air. Ransom views science as having such ultimacy that it exercises a mimetic function: it provides Girardian models for desire. "Science directs us to amuse ourselves, between desires," Ransom writes, "by simulating 7 Louis Rubin reads Ransom's "Armageddon" as a poetic companion piece to God Without Thunder, for it tells how divine wrath has been compromised amid the suavities of the modern world At the apocalyptic battle of the poem's title, a militant... (shrink)

This article focuses on the connections between prayer and indulgence established in the 13th and 14th centuries. Since the Early Middle Ages, practices of prayer played a significant role in the ecclesiastical system of penance. They were supposed to provide salvation by redeeming the devotee from sins. With the advent of indulgence, the salvific value of prayer became more closely entangled with the authority of the papacy and the bishops. Generally speaking, papal indulgences were very standardized, and thus only few (...) practices of prayer are mentioned in the respective documents. Episcopal grants of indulgence, on the other hand, were influenced more strongly by their recipients and can thus be more detailed. Two types of prayer indulgences were especially successful: first, indulgences for venerating the Veronica and other holy images, and secondly, indulgences granted to those praying for the King’s salvation. (shrink)

"This collection of essays owes its inception to a symposium held in Munich 8-10th September 2003"--P. [i].

The fundamental message of Jewish thought in Levinas' version can be summarized by the following quote: It ties the meaning of all experiences to the ethical relation among humans; it appears to the personal responsibility of man, who, thereby, knows himself irreplaceable to realize a human society in which humans treat one another as humans. This realization of the just society is ipso facto an elevation of man to the society with God. This society is human happiness itself and the (...) meaning of life. Therefore, to say that the meaning of the real must be understood in function of ethics, is to say that the universe is sacred. But it is sacred in an ethical sense. Ethics is an optics of the divine. No relation to God is more right or more immediate.The Divine cannot manifest itself except through the neighbor. For a Jew, incarnation is neither possible, nor necessary. After all, Jeremiah himself said it: ‘To judge the case of the poor and the miserable, is not that to know me? says the Eternal’. DL 209. The quote at the end is from Jerem. 22:16.The One who is revealed in this ethical religion differs greatly from the almighty and triumphant God whose image dominates any thought in which politics procures the highest perspective. The ‘Master of the world’ is power-less against human violence and sin, vulnerable and persecuted. His passing by is not in the thunderstorm, not in the earthquake, and not in the fire either, but ‘after the fire there was a voice of subtle silence’ (1 Kings 19:11–12). God penetrates the world almost imperceptibly, in extreme humility. AV 211–212 (ECED). Cf. Kierkegaard vivant (Paris: Gallimard 1966), pp. 286–288. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Christian Structure of Politics: On the De Regno of Thomas Aquinas by William McCormickD. C. SchindlerMcCORMICK, William. The Christian Structure of Politics: On the De Regno of Thomas Aquinas. Washington, D.C.: The Catholic University of America Press, 2022. xiii + 272 pp. Cloth, $75.00Challenging general assumptions that, because of its genre as a letter to a king in the speculum principis tradition, Aquinas's De Regno is (...) a minor source for Aquinas's political theory in comparison to the political passages from the Summa and Sentence Commentary, William McCormick, S.J. presents a new interpretation of this somewhat neglected text. Though there exist a few classic articles comparing Aquinas's thought in this letter and elsewhere, and substantial introductions to the De Regno in editions by Eschmann (1949) and Dondaine (1979), The Christian Structure of Politics is the first book-length study of Aquinas's letter to the king of Cyprus. In this respect, the volume makes a very welcome contribution to our understanding of Aquinas's understanding of political order, bringing out a dimension of his thought—its awareness of history and its pedagogical sensitivity—not so apparent in Aquinas's other writings.The book is very much what it presents itself as being, namely, a "close reading" of the text, following the letter's two parts (the second of which [End Page 150] Aquinas left unfinished) paragraph by paragraph, considering various interpretative possibilities and suspending judgment—the words "might" and "perhaps" are no doubt two of the most frequent in the book—until more evidence comes into view, and working up to general principles only at the end. McCormick thus eschews substantial engagement with theoretical issues that would form the backdrop to the discussion (for example, the relation between nature and grace, and between practical and theoretical reason), opting instead to focus on a more immediate engagement with what is presented in the text itself. He also does not make more than passing comments on Aquinas's better-known formulations on political matters from the Summa or Sentences Commentary. On the other hand, the "close reading" does not keep McCormick from discerning a general order in Aquinas's letter, which he divides up thematically according to a proposed schema. His approach shows a sensitivity to the historical context in which Aquinas was writing, even if particular details about Aquinas's addressee and the occasion of composition remain uncertain, but his aim is not simply to produce a historical study. Instead, as the book's title itself already indicates, he investigates the De Regno in order to show that the text offers fundamental principles for a distinctively Christian approach to politics, and thus can shed light even on our contemporary situation.The book is divided into five basic chapters, in addition to a substantial introduction and brief conclusion. The first four chapters follow the order of the De Regno, though the basic lines of division are McCormick's own interpretative proposal. Chapter 1 treats the letter's prooemium and the first two chapters of part one (I.1-2) under the title "The Aristotelian State of Nature," showing that, contrary to ideas found in a certain current of Christian thought, political order is fully natural to man and not simply a practical response to violence. Chapter 2, "The Augustinian Earthly City," treating I.3-6, complements the natural character of politics with the realistic acknowledgment of man's fallen nature. While some commentators have worried that the discussion of tyranny in these and subsequent chapters of the De Regno eclipses the positive account of politics given rather schematically at the start, and so diminishes the interest the text might hold for the political philosopher, McCormick argues that the engagement with the tyrant, and the disorder he generates, represents an essential dimension of Aquinas's political vision. Indeed, one of the principal theses of The Christian Structure of Politics is that Aquinas manages to integrate Aristotelian and Augustinian perspectives in an unusually illuminating way: Christian revelation, which introduces the eschatological horizon and foregrounds the historical narrative of sin and redemption, does not supplant but instead grounds and deepens the integrity of politics and... (shrink)

This essay makes the case that Livy's version of the tale of Mettius Fufetius transmits certain facts that relate to inherited ritual practices along with formulas used in early law and diplomacy. Although the author may not be fully aware of the original meaning of all he is handing down because he has simply taken materials from his sources without much critical investigation, the traditional elements are important to him because they seem to authenticate this legend about the reign of (...) Tullus Hostilius. For the moralizing historian that Livy certainly is, the treason of Mettius Fufetius and his execution at the command of the Roman king comprise the starting point of a remarkable sequence of episodes in his narrative that demonstrate the dishonorable behavior of Rome's chief rivals in Italy. The legend of Mettius Fufetius thus embodies a kind of “original sin” in the political realm, and becomes the paradigm for Rome's harsh dealing with faithless allies over the next five centuries. The essay concludes that this story typifies many Roman fabulae, insofar as they were often composed on the basis of outdated or unfamiliar idionyms, toponyms, ceremonial words and phrases, and ancient legal terms. In such fabulae characters like Tullus Hostilius and Mettius Fufetius, perhaps mere names in annals and king-lists, become the performers whose ceremonial acts turn into the foundational moments of Rome's public life. (shrink)