'We are all Greeks. Our laws, our literature, our religion, our arts, have their root in Greece', the poet Percy Bysshe Shelley once wrote. It is in Greek that the questions which shaped the destiny of Western culture were asked, and so were the first attempts at an answer, and the search for a method of investigation. This book tries to rediscover the propulsive force that for over two millennia spread, and still lives in our system of thought. By systematically (...) quoting the very words of the leading actors and by tracing their sources, it leads the reader along a path where they will be able to observe the establishment of philosophical ideas and language, in an updated and balanced picture of archaic lore, of the thought of the classical and hellenistic ages, and of the philosophy of late antiquity. The book looks closely at the progress of scientific thought and at its increasing autonomy, while following the evolution of the fruitful yet problematic relationship between the Greek world and the Near East. (shrink)

The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the (...) jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Method in Ancient PhilosophyDavid K. GliddenJyl Gentzler, editor. Method in Ancient Philosophy. Oxford: Clarendon Press, 1998. Pp. viii + 398. Cloth, $72.00.The fifteen papers in this collection constitute revisions of conference proceedings and reflect the varied interests of participants. The ensemble exhibits a thoroughly modern methodology. Whatever and however various ancient methods of philosophy may have been, in Anglo-American scholarship it is standard (...) practice to first address established scholarly interpretations as the primary entry point to critical discussionóoften displacing antiquity with a critical vocabulary of philosophical modernity. Scholars may come to understand each other better, but at the risk of asking the wrong questions or sacrificing ancient texts themselves as mere means of producing papers.Most scholars are progressives. They believe philosophy has advanced past the comparatively primitive wisdom of antiquity, and so such scholars feel perfectly entitled to make better sense of ancient texts, by patiently explaining what the ancients would have meant had they only been able to get it right. There are, of course, exceptions. And some papers in this collection suggest deeper faith in our philosophic fathers. So, the battle between the ancients and the moderns is joined once more, between those who would adorn their papers with footnotes for their peers and those who would attempt more anthropological an inquiry into ancient philosophic practices.Ian Mueller and Robert Bolton each address the same passage in Plato's Phaedo, both beginning with an article from Vlastos, first published in 1969. Mueller thoughtfully explores three different yet related accounts of what we might call scientific method in explaining Plato's views on natural change. Bolton wonders whether scholars are asking the wrong questions. Patricia Curd attempts a progressivist account of Eleatic thought, notwithstanding her recognition of the paucity of ancient sources. Complete with elaborately numbered sentences, Gail Fine focuses primarily on Burnyeat (1976) on Plato on Protagoras. Constance Meinwald presents a rather near-sighted account of two passages in the Philebus that employ the peras-apeiron distinction, with a view toward Plato's allegedly modernist mathematization of understanding. Lesley Brown revisits five pages of the Sophist that were hotly debated in the 1960s. With charity and elegance, she offers several plausible solutions to puzzles posed by previous scholars. Sometimes time smoothes over differences.A. A. Long's essay on Plato's presentation of Socrates in the Theaetetus might appear more philosophically anthropological. Yet Long reveals progressive sympathies, suggesting that Plato dispatches Socrates in the Theaetetus, so as to prepare the way for a more rigorously academic form of philosophizing, such as that exhibited in the Sophist. [End Page 111] In this way, Long speculates, Plato abandoned practical ethics for the academic life of research, so familiar to university professors and conference participants. It might be hard to square such speculation with Plato's Laws and the reception of Plato's writings among his own contemporaries. Still, Socrates' shifting role in Plato's dialogues is well worth pondering.By comparison, T. H. Irwin's contribution is wonderfully old-fashioned. His paper addresses the background knowledge to be presumed by ancient readers of Plato's dialogues and how that knowledge is artfully put to use in Plato's depiction of Socrates' reflections on the unity of virtue. By speculating on Plato's relation to his ancient readers, Irwin displaces many modernist preoccupations, though not without himself falling victim to that peculiar scholarly obsession of dating Plato's dialogues by their doctrines.With characteristic conservatism, Gisela Striker cautions scholars not to over-read Aristotle's Prior Analytics. While that extraordinary work may have deep implications for the history of formal logic, it probably was instead intended to be part of a general account of argument. In a similar vein, Charlotte Witt attempts to rescue Aristotle from scholars who would delimit Aristotle's multifarious uses of the "for the sake of" explanation, which altogether pervade his metaphysics, physics, biology and ethics. Yet, Witt soon finds herself competing in a contest over interpretive distinctions, a sport that will certainly never capture Aristotle's own authorial intentions.Facing another mass of scholarship, in this case on Aristotle's dialectic, C. D. C. Reeve sensibly attempts to... (shrink)

This paper presents rational and unanimously agreeable norms in (a) governance, (b) economic policy, (c) constitution and (d) religious and scientific beliefs for civilized coexistence. The basis of unanimous agreeability is that individuals do not prefer to have their wealth (including life) robbed, even surreptitiously. This preference is unanimous because even robbers do not want to be robbed. I argue that unanimously agreeable norms are necessary for civilized co-existence of humans and are consistent with the ancient philosophy (Hindutva), (...) which originated in India more than 3000 years BC and is reflected in Gita, https://en.wikipedia.org/wiki/bhagavad_gita. Gita is considered by Courts of India as a philosophical document. The basic ethos of Gita is explicit and transparent: the state (King Dhristarastra) must not allow anyone (including privileged princes like Duryodhan) to take away others' (Pandavas') property even surreptitiously (through Sakuni's rigged game of Pashakhel). The modern constitution ordains freedom through rights to property, liberty and pursuit for happiness of individuals. But it has tacitly allowed establishment of a system (rules) of governance to facilitate surreptitious robbery. Individuals accumulate property like home and retirement savings with a hope to attain freedom, eventually, which they cannot achieve if they are robbed, even surreptitiously. The ancient philosophy of Gita prohibits robbery of any kind and, thus, guarantees hope for individual freedom. The modern philosophy—underlying the established system (rules) tacitly allowing surreptitious robbery—cannot, however, achieve individual freedom. Widespread or inclusive economic prosperity can be attained only if the constitution and rules of law are unanimously agreeable which will be consistent with ancient ethos but not modern philosophy. (shrink)

Is there a God, should I eat meat, where does the universe come from, could I live for ever as a robot? These are the big questions readers will be wrestling with in this thoroughly enjoyable book. Dip into any chapter and you will find lively scenarios and dialogues to take you through philosophical puzzles ancient and modern, involving virtual reality, science fiction and a host of characters from this and other planets. The text is interspersed on every page (...) with lively cartoons, and there is a list of philosophical jargon at the end.. Stephen Law has a gift for communicating complex ideas. He offers few answers, but his unstuffy, highly personal approach will have the reader thinking and arguing with as much pleasure as he does himself. (shrink)

The volume contains papers and commentaries presented to the _Boston Area Colloquium in Ancient Philosophy_ during the academic year 2015-16. Works: Phaedrus, Republic, Apology, Laws, Seventh Letter, Stoic texts. Topics: Stoic blending, reciprocal eros, perception in tripartite soul, Stoic identity, Plato’s politics and events.

Volume 37 contains papers and commentaries presented to the Boston Area Colloquium in Ancient Philosophy during 2022. Works: _Phaedo_, _Statesman_, _De Caelo_, _Metaphysics N_, _Enneads_. Topics: immortality, Forms; dialectic, myth, law; elements, inclination, place; mathematics and explanation; mystical union.

Volume 37 contains papers and commentaries presented to the Boston Area Colloquium in Ancient Philosophy during 2022. Works: _Phaedo_, _Statesman_, _De Caelo_, _Metaphysics N_, _Enneads_. Topics: immortality, Forms; dialectic, myth, law; elements, inclination, place; mathematics and explanation; mystical union.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Death and Immortality in Ancient Philosophy by Alex G. Long, and: Immortality in Ancient Philosophy ed. by Alex G. LongCaleb CohoeAlex G. Long. Death and Immortality in Ancient Philosophy. Key Themes in Ancient Philosophy. Cambridge: Cambridge University Press, 2019. Pp. 240. Hardback, $99.99.Alex G. Long, editor. Immortality in Ancient Philosophy. Cambridge: Cambridge University Press, 2021. Pp. 300. Hardback, (...) $99.99.This review will consider two recent works on immortality in Greco-Roman philosophy: a 2019 monograph written by Alex G. Long and a 2021 volume edited by him.In his strong and engaging monograph, Death and Immortality in Ancient Philosophy, Long examines the wide variety of approaches to death and immortality found in ancient Greek and Roman philosophy. Rather than focusing on familiar arguments for and against the possibility of an everlasting postmortem existence, Long offers a revisionary approach that explores the many ways that ancient thinkers thought immortality could be achieved and the different types of consolation philosophers offered in the face of death. Long wisely starts with immortality, arguing that this concept is flexible, with a broader range of uses than many scholars acknowledge. For Homer and other early authors, the epithet 'deathless' is tied to being owned by the gods or acting in ways similar to the gods (28). It can be applied to things that will perish because godlikeness, rather than long or everlasting duration, is what makes something deathless. Long notes the Homeric terms for 'immortal' in a footnote but does not offer detailed discussion of the etymology and meaning of athanatos (literally, "deathless" or "undying") and other key terms in detail anywhere in the work. Given Long's interest in the boundaries of immortality, this is a missed opportunity. Exploring the semantic range of the relevant terms more explicitly would bolster Long's case.Long rightly points out that in thinking about immortality we need to consider what endures—the human, the soul, some other part, or some connected entity—and how it endures, instead of simply asking whether something is immortal. Long convincingly argues that ancient philosophical schools that do not take humans or souls to be everlasting still have coherent and important notions of immortality. For Epicureans, virtue and other true goods are immortal insofar as they are inalienable from the person, "securely possessed as long as the person is alive" (74). This distinguishes them from wealth or fleeting psychological states. For Chrysippus and other Stoics, all things other than Zeus are subject to destruction at the end of each world cycle. But, Long insists, Stoics can still distinguish mortal things, which are subject to death, from things that cannot die, even though these things will at some point cease to be. Long makes the case for thinking that this allows the Stoics to recognize something as a god, an "immortal living being" (Diogenes Laertius 7.147), even if it will not survive the next cosmic conflagration. On this reading, the sun, moon, and other "intra-cosmic gods," as Long calls them (79), are rightly seen as immortal, even though Zeus alone will persist through the cosmic cycles.At points, however, Long goes too far in diminishing the importance of duration for immortality. Long maintains that, for Plato, everlastingness is not relevant to immortality because longer duration turns out to make the vicious person's life worse (35–36, discussing Gorgias 481a–b, 512a–b; and Laws 661b–c) and because a short-lived virtuous and knowledgeable person is more immortal than a long-lived and ignorant one (58–59, discussing Timaeus 90b–c). Long notes that Socrates insists that you can only benefit from [End Page 515] immortality if you know how to use it (36, discussing Euthydemus 289a-b). But none of these considerations establish that everlastingness is "evaluatively neutral" (36). In these passages, the length of life is often compared to items such as sight and health. These, too, do not benefit the ignorant or vicious since such people cannot make good use of them. Nevertheless, sight and health are still good for the wise and virtuous, not purely neutral. As Long concedes in interpreting Symposium 207a, Diotima really does claim that we... (shrink)

Philosophy and Law in Ancient Rome: Traces of Stoic Syllogisms and Ontology of Language in Proculus’s Jurisprudence This paper uses Stoic theory of language to gain more insight into Roman lawyer Proculus’s legal opinions on the meaning and understanding of ambiguous testaments, wills and dowries. After summarizing Stoic theory of language, the paper discusses its reception in Roman jurisprudence and situates Proculus in a Stoic legal/philosophical context. The meat of the article lies in the re-examination of Proculus’s legal (...) opinions on ambiguities in light of Stoic theory of language, through: (1) the analysis of a case demonstrating that Proculus’s embeddedness in Stoic doctrine went beyond his technical competence in propositional syllogisms, going into the territory of Stoic physical materialism and, (2) the investigation of four cases that reveal how his approach to problems of ambiguity in unilateral legal acts converges with the Stoic conception of the parallelism between speech and thought. (shrink)

This article undertakes to explain the importance of discourse in the modern philosophy of law. It conceptualises discourse as a step to the comprehensive truth of a phenomenon, which does not exist in most forms of modern methods. Therefore, modern philosophy of law must be sought through a vigorous application of the method of discourse in deducing the diversity of truth-seeking in modern legal doctrine and the application of law in contemporary society. In this article, the author endeavours (...) to systemise that discourse is capable of comprehending a single absolute fact in legal doctrine and law, which is necessary to produce the exact procedures in society. Thus, discourse unfolds the relationship between the known and the unknown into a philosophical principle. It is then conceivable that discourse by its deduction creates societal forms and substances for the investigator to understand the true form and nature of law in society. Keywords: discourse, philosophy of law, law, ethics, and integrity. (shrink)

This latest volume of BACAP Proceedings contains some innovative research by international scholars on Plato and Aristotle. It covers such themes as Plato on recollection and on justice, along with Aristotle on Nous and on law._ This publication has also been published in paperback, please click here_ for details.

The prevailing narrative in the history of science maintains that the ancient Greeks did not have a concept of a ‘law of nature’. This paper overturns that narrative and shows that some ancient Greek philosophers did have an idea of laws of nature and, moreover, they referred to them as ‘laws of nature’. This paper analyzes specific examples of laws of nature in texts by Plato, Aristotle, Philo of Alexandria, Nicomachus of Gerasa, and Galen. These examples emerged out (...) of the closely intertwined Platonic and Pythagorean traditions, and these philosophers’ texts make reference to laws of nature when describing arithmetical methods, arithmological doctrines, or medical theories. Nicomachus’ laws of nature are especially noteworthy, because they have features that historians look for in the search for the origin of the modern concept of laws of nature. Nicomachus’ laws of nature are mathematical, universal, and necessary. This paper raises the possibility that the ancient Platonic and Pythagorean traditions influenced the subsequent development of the idea of laws of nature in medieval and early modern Europe, including the conception of laws of nature deployed by Johannes Kepler and Isaac Newton. (shrink)

The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han Fei, (...) Lao Zi, Zhuang Zi, and to a lesser extent, Shen Dao, Shen Buhai and the authors of the Guan Zi and He Guan Zi. So doing reveals Huang-Lao to be a unique and sophisticated social and political philosophy which, until its expulsion from court by Emperor Wu and subsequent adoption by Daoist religion, served as the ideological foundation for the post-Qin reforms of the early Han. (shrink)

This book argues that political philosophy is central to early Stoic philosophy, and is deeply tied to the Stoics' conceptions of reason and wisdom. Broad in scope, it explores the Stoics' idea of the cosmic city, their notion of citizen-gods, as well as their account of the law.

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. (...) The theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

Ancient Egyptian Wisdom for the Internet demonstrates that the legal philosophy and knowledge of ancient civilizations are of great value in helping us deal with the Internet. Through a challenging exploration of ancient legal knowledge this book offers new perspective on how to deal with, and best profit from the Internet.

Originally published in 1931, this volume contains the text of an inaugural lecture by Francis Cornford upon his accession to the Laurence Professorship of Ancient Philosophy in the University of Cambridge. This book will be of value to anyone with an interest in ancient philosophy or the history and philosophy of science.

PART The Origins of a Philosophy of Reality "When you have listened, not to me, but to the Law (Logos), it is wise to agree that all things are one. ...

The Stoics identify the law with the active principle, which is corporeal, pervades the universe, individuates each part of the world, and causes all its movements. At the same time, the law is normative for all reasoners. The very same law shapes the movements of the cosmos and governs our actions. With this reconstruction of Stoic law, I depart from existing scholarship on whether Stoic law is a set of rules. The question of whether ethics involves a set of rules (...) is rich and fascinating. In the 1970s and 80s, the observation that ancient ethics might do without rules was part of philosophy’s rediscovery of virtue ethics. This debate, however, neglects that Stoic law is a corporeal principle pervading the world. The key puzzle regarding Stoic law, I argue, is how it is possible that the very same law is a corporeal principle in the world and normative for us. (shrink)

There is a growing recognition that philosophy isn’t unique to the West, that it didn’t begin only with the classical Greeks, and that Greek philosophy was influenced by Near Eastern traditions. Yet even today there is a widespread assumption that what came before the Greeks was "before philosophy." In Philosophy before the Greeks, Marc Van De Mieroop, an acclaimed historian of the ancient Near East, presents a groundbreaking argument that, for three millennia before the Greeks, (...) one Near Eastern people had a rich and sophisticated tradition of philosophy fully worthy of the name. In the first century BC, the Greek historian Diodorus of Sicily praised the Babylonians for their devotion to philosophy. Showing the justice of Diodorus’s comment, this is the first book to argue that there were Babylonian philosophers and that they studied knowledge systematically using a coherent system of logic rooted in the practices of cuneiform script. Van De Mieroop uncovers Babylonian approaches to knowledge in three areas: the study of language, which in its analysis of the written word formed the basis of all logic; the art of divination, which interpreted communications between gods and humans; and the rules of law, which confirmed that royal justice was founded on truth. The result is an innovative intellectual history of the ancient Near Eastern world during the many centuries in which Babylonian philosophers inspired scholars throughout the region—until the first millennium BC, when the breakdown of this cosmopolitan system enabled others, including the Greeks, to develop alternative methods of philosophical reasoning. (shrink)

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar (...) at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema's volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects-namely, legal positivism, natural-law theory, and the theory of legal reasoning-and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking. (shrink)

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

_The Laws_, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the _practical_ consequences of his philosophy, a necessary corrective to the more visionary and utopian _Republic_. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order (...) that embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context.... Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, _Ancient Philosophy_ "Pangle's achievement is remarkable.... The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, _American Political Science Review_. (shrink)

This paper surveys the conceptions of law and of legislation to be found in the philosophy of Julian the Emperor. A hierarchy of levels of law is described, going from transcendent divine orders and paradigmatic laws down to the laws of nature, laws innate in human souls and regional laws. Julian’s ideal legislator is discussed, as inspired by transcendent, paradigmatic laws and as subordinate to law and its protector. An example of Julian’s legislation is discussed. Attention is paid to (...) Julian’s use of Plato’s Republic, Statesman, and Laws. (shrink)

This collection of original articles draws from a cross section of distinguished scholars of ancient Greek philosophy. It is focussed primarily on the philosophy of Aristotle but comprises as well studies of the philosophy of Socrates, Plato, and Epicurus. Its authors explore a range of complementary topics in value theory, moral psychology, metaphysics, natural philosophy, political theory, and methodology, highlighting the rich and lasting philosophical contributions of the thinkers investigated. Opening with an engaging intellectual autobiography (...) of its honoree, Fred D. Miller, Jr., the volume offers treatments of Socrates as a citizen; Plato’s attitude towards poetry; Socratic self-knowledge; Plato’s conception of law in his Republic; explorations of reason, goodness, and moral conduct in Plato; Platonic metaphysics; Aristotelian causation; Aristotelian metaphysics and normativity; natural philosophy in Aristotle; Aristotelian logic; political theory and approaches to justice in Aristotle’s Politics; methodological reflections on how best to approach Aristotle’s indefensible ideas; and closes with a reconsideration of Epicurus on death and the art of dying. Altogether, the volume reflects the richness of the ongoing community of philosophical scholars dedicated to reconstructing, assessing, and criticizing the principal philosophers of the ancient world, whose epoch-forming explorations of the key elements of human life—considered socially, politically, psychologically, and metaphysically—remain topics of lively investigation today. It will be of interest to philosophers of many stripes, including those with a primary interest in ancient philosophy but extending as well to those with systematic interests in the themes it explores. This volume will be a valuable addition to all libraries serving communities dedicated to researching and studying the origins of Western philosophy. (shrink)

Yinyang philosophy encompasses an essential understanding of the mechanism and laws of nature, cosmos, and human society in Chinese culture, and reaches to many other parts of Asia and around the world. The purpose of this article is to explore how yinyang philosophy can serve as a philosophical underpinning of mixed methods research (MMR). In particular, harmony, one of the important features in yinyang philosophy, is applied to interpret the design of mixed methods research. Guided by this (...) philosophy, other beliefs about an integrated approach to using qualitative and quantitative methods fit in with the MMR approach. These underlying precepts are not necessarily held by researchers, and will be shown to indicate harmony and a dynamic equilibrium of yin and yang. This perspective provides a novel window for considering controversial issues that have arisen about the use of different philosophical underpinnings for MMR during its emergence over the past several decades. The implications are for a softer interpretation, for example, when selection of quantitative rules needs to harmonize with certain types of MMR, and validity of self-developed questionnaires needs to consider different levels of criteria for MMR. (shrink)

The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. (...) Hart and Lon Fuller, have sparked a new series of battles. (shrink)

In this paper I contrast different versions of Greek rhetoric that in the late Hellenistic period were exported to Rome by both rhetoricians and philosophers, and show how with regard to Roman law these versions differed in aim and in application. With regard to the application in law, I argue that in Rome’s unique practice of resolving disputes between citizens – i.e. done with the help of specialists – the Stoic conception of rhetoric as the longer, explanatory version of dialectic, (...) aiming at what is correct and true, was useful in conveying the correct answer to non-specialists, the judge included, whereas the Academics’, and more specifically Philo of Larissa’s, conception of rhetoric, aiming at what is verisimilar, is above all useful in the public realm, that is in political and forensic speeches. (shrink)

What are the prospects for ambitious political reform in communities of traditional, passionate, and even self-righteous citizens? Can thoughtful legislators create a healthy society for citizens whose judgment is typically unsound? In a searching and provocative analysis, Ryan Balot addresses these timely - though universal - political questions by offering a novel interpretation of Plato's Laws. Turning to the ancient past is essential to reinvigorating our contemporary understanding of these all-important issues. Previous readers have either celebrated the work's idealism (...) or denounced its totalitarianism. Balot, by contrast, refuses to interpret the dialogue as a political blueprint, whether admirable or misguided. He shows instead that it constitutes Plato's greatest philosophical investigation of political life. In this transformative re-appraisal, Balot reveals that Plato's goal was to cultivate a tragic attitude toward our political passions, commitments, and aspirations. The result is a profound political inquiry with far-reaching consequences. (shrink)

A much-maligned feature of ancient and medieval political thought is its tendency to appeal to nature to establish norms for human communities. From Aristotle's claim that humans are "political animals" to Aquinas' invocation of "natural law," it may seem that pre-modern philosophers were all too ready to assume that whatever is natural is good, and that just political arrangements must somehow be natural. The papers in this collection show that this assumption is, at best, too crude. From very early, (...) for instance in the ancient sophists' contrast between nomos and physis, there was recognition that political arrangements may be precisely artificial, not natural, and it may be questioned whether even such supposed naturalists as Aristotle in fact adopt the quick inference from "natural" to "good." The papers in this volume trace the complex interrelations between nature and such concepts as law, legitimacy, and justice, covering a wide historical range stretching from Plato and the Sophists to Aristotle, Hellenistic philosophy, Cicero, the Neoplatonists Plotinus and Porphyry, ancient Christian thinkers, and philosophers of both the Islamic and Christian Middle Ages. (shrink)

This distinctive collection of original articles features contributions from many of the leading scholars of ancient Greek philosophy. They explore the concept of reason and the method of analysis and the central role they play in the philosophies of Socrates, Plato, and Aristotle. They engage with salient themes in metaphysics, epistemology, ethics, and political theory, as well as tracing links between each thinker’s ideas on selected topics. The volume contains analyses of Plato’s Socrates, focusing on his views of (...) moral psychology, the obligation to obey the law, the foundations of politics, justice and retribution, and Socratic virtue. On Plato’s Republic, the discussions cover the relationship between politics and philosophy, the primacy of reason over the soul’s non-rational capacities, the analogy of the city and the soul, and our responsibility for choosing how we live our own lives. The anthology also probes Plato’s analysis of logos which underlies his philosophy including the theory of forms. A quartet of reflections explores Aristotelian themes including the connections between knowledge and belief, the nature of essence and function, and his theories of virtue and grace. The volume concludes with an insightful intellectual memoir by David Keyt which charts the rise of analytic classical scholarship in the past century and along the way provides entertaining anecdotes involving major figures in modern academic philosophy. Blending academic authority with creative flair and demonstrating the continuing interest of ancient Greek philosophy, this book will be a valuable addition to the libraries of all those studying and researching the origins of Western philosophy. (shrink)

Though the notion of the free, or self-governed community, originated in ancient Greece, the Greek polis seems to pose a problem for the modern post-Hobbesian concept of sovereignty. For the latter presupposes that of the State, that is an agency which monopolizes the use of violence, as an instrument by which sovereignty is constituted. Yet, the polis was not a State but rather what the anthropologists call a stateless community. The latter is characterized by the absence of ‘government’, that (...) is of an agency which has separated itself from the rest of social life and which monopolizes the use of violence. In stateless societies the ability to use force is more or less evenly distributed among armed or potentially armed members of the community. Being stateless, then, in what sense can we say that the polis was sovereign? On the practical level the Greek polis had a very limited ability to control and direct legislation. The decentralised nature of Greek society and the absence of coercive apparatuses meant that the laws had to be identical with the customs of the community or else that decisions had to be shared by a wide consensus, which imposed a severe limitation on the ability of the poleis to change their laws or initiate changes in the community. On the theoretical level, the absence of a State was complementary to the absence of the notion of sovereign, whether it is a person or an institution or a body which was above the law and a source of the law. Thus Greek ‘republicanism’ was different from the modern one in as much as it did not have the notion of ‘the people’ as a constituting element and Greek ‘rule of law’ lacked the modern notion of a positive open legislation. (shrink)

In this article we present a dissertation on the limits of law and morality, a topic of supreme importance for the Philosophy of Law and the real cape horn or the storms of Science and Legal Philosophy, where so many systems, when trying to overcome it and perhaps save the previous ones, have been shipwrecked. Our aim is to expose the historical development of this relationship from ancient, medieval and modern age, to give an account of how (...) the Krausist legal philosophy was interwoven in this context and how it has given answers that have left interesting results of great validity in the field of legal philosophy. Finally, we expose some of the topics that the philosophy of law opened to the juridical discussions of its time, and which were enormously original and precursors of what still is being debated today in the areas of Philosophy of Law and Political Philosophy. (shrink)

An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and (...) Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science. (shrink)

"The Laws", Plato's most lengthy dialogue, has longbeen regarded as the most comprehensive explanation of the possible consequences of a practical application of his philosophy.We might expect the first question Plato ponders to be "What is Law?" Instead, the question posed is "Who is given the credit for laying down your laws?"We are privy to an interaction between a powerfulstatesman and an Athenian philosopher on theisland of Crete. We watch as a plan for a new political order is worked (...) out that embodiesmany of the issues that we still struggle withtoday, such as the status of women, the statusof homosexuals, the family, criminal law, andthe role of religion in a healthy society.We at Timeless Classic Books hope that you enjoy this ancient thought-provoking story that may change the way you think about modern day issues.(Timeless Classic Books). (shrink)

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

For a long time, Roman history, taken in its social and legal aspects, was written as a history of males, before Women's Studies and very recently Gender Studies tried to re-established a kind of balance, even if this last field is still little explored by law historians. The hierarchical structure of Roman society—reputed to have been highly macho—was not necessarily based on a simple sex relationship but on a gender relationship in which the individual's biological sex was not enough to (...) fix his or her identity. Actually, many criteria relating to bodily attitudes in the broad sense (body language, clothing, hygiene, morality, personality etc.) were ultimately more important in assessing an individual's sexual identity. In this complex social game, the Romans could consider the existence of a _tertium genus hominum_ between man and woman. In line with a detailed social analysis and the idea that law is an extension of social culture according to many anthropologists, we have to consider that interpretation of legal texts would require the use of a specific reading grid to assess their gendered issue. The conception of this grid is a major part of the work made by the team operating the ANR HLJP gender project initiated in 2022, for which we developed a specific working method for law history in general that is still being tested for law sources presenting a gendered aspect. Through the exegesis of some roman legal texts relating to public and private spheres organization, we will illustrate how a gender-specific reading grid could possibly refine our knowledge of Roman law. (shrink)

The concept of consciousness in ancient Greek philosophy, concerns the internal autonomy and philosophical freedom from the condemnation of ignorance of both the foreign and the domestic world. The ancient Greek philosophers pointed out the value of the dialectic with the inner self to the problem of moral conscience and handed us a legacy of values and the primacy of reason. The concept of moral consciousness in ancient Greek philosophy. The article examines the concept of (...) moral consciousness in ancient Greek philosophy. The purpose of the article is to investigate the moral question related to whether moral concepts have a subjective or an objective basis. In addition, the article demonstrates the unaffected by time significance of the concept of moral consciousness, as well as its connection with the reality of moral concepts, moral propositions, moral judgments, moral man, moral law, moral idealism, moral naturalism and moral relativism. Moral consciousness is the mirror of our self-knowledge. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better (...) understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to (...) influence Syracusan politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 2 is devoted to Books 7–12. It also includes indexes of subjects and Greek words. (shrink)

One of the most widely studied texts of ancient philosophy and politics, Plato's Laws is his last and most substantial dialogue, debating crucial questions on the subject of law-giving and education. This two-volume edition of 1921 was prepared by the classicist Edwin Bourdieu England, who describes the dialogue as 'the treasury of pregnant truths which Plato in extreme old age left … as his last legacy to humanity'. Generally held to have been written after Plato's failed attempt to (...) influence Syracusan politics, it concerns the just city and its constitution, including discussions of divine revelation, the role of intelligence in the creation of laws, and natural law itself. This edition comprises a short introduction, England's helpful analyses, the Greek text of the dialogue, and extensive notes. Volume 1 is devoted to Books 1–6. (shrink)