In lieu of an abstract, here is a brief excerpt of the content:Evidence of Augustinian 'Ressourcement' in the Franciscan Summa Halensis:The Cases of Contra Faustum and De spiritu et litteraMichael S. HahnAmong the thornier issues surrounding the Parisian Franciscan collaborative compilation Summa Halensis1 is the matter of its sources, consideration of which most often involves discernment of its contributing authors and their engagement with near-contemporary texts and trends in twelfth- and thirteenth-century scholastic theology.2 Hiding in plain sight, and thus easily (...) overlooked in this array of detailed concerns, is the privileged place afforded to Augustine of Hippo—and more precisely, to historically underexamined and underutilized of his works—within certain sections of the Franciscan Summa, a dynamic that seems to indicate a deliberate Augustinian ressourcement alongside more standard scholastic uses of stock textual auctoritates.3 [End Page 59]In order to establish the plausibility and general contours of such ressourcement, the present study examines the deployment of Augustine's Contra Faustum and De spiritu et littera in the Franciscan Summa's treatise on law, outlining both the originality and significance of this usage. The study falls into three main parts. In the first part, I offer a brief introduction to these two works, noting their import vis-à-vis Augustine's broader corpus. In the second, I provide a rough sketch of their respective reception histories, limning the standards of use that obtain in twelfth- and thirteenth-century scholastic writings prior to the Franciscan Summa. And in the third part, I detail the employment of these two works in the Summa itself, attending to where and how they are used, and how this usage variously coheres with and moves beyond the preceding theological tradition. Finally, by way of conclusion, I gesture at the immediate impact of this usage, taking as my primary example the later Summa theologiae of Thomas Aquinas. As I aim to show, although these important Augustinian works were not entirely unknown in the twelfth and early thirteenth centuries, there is little evidence of their first-hand utilization in scholastic theology prior to that of the Summa Halensis. Moreover, the Franciscan Summa's ample and markedly astute use of these works can be seen not only to undergird the Augustinian cast of its teaching on the distinction and relation of law and grace, but also to initiate and direct a broader return to these sources among the next generation of mendicant scholastics, Franciscan and Dominican alike.I. Augustine's Contra Faustum and De spiritu et litteraThe present inquiry concerns two very different polemic texts of Augustine that originate from the first decade and a half of the fifth century: the Contra Faustum, composed from around 400 to 403, one of the latest—and by far the longest and most biblically focused—of Augustine's anti-Manichaean works;4 and De spiritu et littera, composed in 412, [End Page 60] among the first of his works against the Pelagians.5 The length and sprawl of the former work is noted by Augustine in his Retractationes, where he presents this as a function of the scattered array of attacks by the Manichaean Faustus of Mileve:Against Faustus the Manichaean, who blasphemed the law and the prophets and their God and the incarnation of Christ, and who asserted that the scriptures of the New Testament by which he is refuted were falsified, I wrote a massive work (grande opus), giving my replies to his words that are set forth. There are thirty-three debates (disputationes), but why may I not call them books (libros) as well? For even if some among them are brief, they are nonetheless books.6Although Augustine touches on many other points in this "massive work," his main task centers on defending and elucidating the divinely ordered harmony of the Old and New Testaments in proclaiming Christ.7 The procedure he employs is chiefly exegetical, involving assertion of the prophetic nature of the Old Testament and illustration of this via figural interpretation of particular passages. What is most distinctive about the Contra Faustum is this specific approach to the Old Testament and its signature emphasis on the prophetic status of those from whom Christ takes his flesh, who especially through the giving... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Bible and the Priesthood: Priestly Participation in the One Sacrifice for Sins by Anthony GiambroneMichael S. HahnThe Bible and the Priesthood: Priestly Participation in the One Sacrifice for Sins. By Anthony Giambrone, O.P. Grand Rapids, Mich.: Baker Academic, 2022. Pp. xxi + 297. $22.99 (paper). ISBN: 978-1-5409-6186-0.In the Vatican II decree on priestly training, Optatam Totius, the council Fathers prescribe a five-stage pedagogical approach to the treating (...) of topics in dogmatic or systematic theology, such as the sacrament of holy orders. Consideration is to be given first to the witness of Scripture, then to patristic testimony, to subsequent historical developments, to Scholastic speculation, and finally, to the contemporary life of the Church, especially in the addressing of current problems. Although this genetic method of theological instruction may appear plausible and attractive on paper, in actual practice it runs certain risks. Among other things, the immediate relevance of what is to be considered in the final stage threatens to overrun or distort what is to be considered in the earlier stages, such that these sources are mined with too much of an eye to their applicability to present issues. Moreover, even if more equally balanced attention is paid to each stage, the danger arises that in covering so much ground one remains chiefly at surface level, inadvertently foreclosing appreciation for the depths of the mysteries in view and inoculating against the theological studiositas that drives toward greater [End Page 692] understanding. Further compounding the challenges of fruitfully implementing the council Fathers’ vision is the ever-widening divergence of specialization within theological subdisciplines, which too often renders the field Babel-like and crippled by mutual incomprehension. Perhaps nowhere is this tendency toward breakdown of communication more evident than in the disconnect between biblical studies and other theological areas—a tragedy of special import, given the stress placed by Optatam Totius and by other magisterial texts on Scripture as the foundational for theology.While there appears on the horizon neither a one-size-fits-all fix to the problems of theological integration nor an algorithmic means of implementing it, glimmers of hope remain. Holding promise, for instance, are recent trends toward the “theological interpretation of Scripture” and the continued emergence of a self-styled “biblical theology” which, while admitting of great variety in expression and emphasis, nonetheless constitute explicit attempts to bridge this particular gap. What the strongest of these and other endeavors tend to illustrate is that genuine theological integration is to be found not so much in methods or programs of study as in the actual thinking and writing of individual theologians and exegetes, who will approach the consideranda identified by Optatam Totius not as discrete stages of inquiry but as essential ingredients that ought to be creatively and responsibly blended in varying proportions, reflecting both their own particular specializations and their personal attentiveness to the pertinent biblical, patristic, historical, speculative, and practical concerns.A worthy example of such creative and responsible blending is Anthony Giambrone’s The Bible and the Priesthood, the second of seven planned entries in Baker Academic’s new series “A Catholic Biblical Theology of the Sacraments,” edited by Tim Gray and John Sehorn. In keeping with its stated focus on the Bible and Giambrone’s own training as an exegete, the book is chiefly a work of Scripture scholarship, yet it also thoroughly theological, and this not only in its concern with priesthood and the sacrament of orders, but also in how and why the author engages with the biblical (and extrabiblical) texts under investigation in treating these topics. Taking a cue from a 2019 essay by Pope Benedict XVI, Giambrone zeros in on certain “deep roots” of the ongoing priestly crisis that were identified by the late pontiff, including “a methodological flaw in the reception of Scripture as the Word of God” and a related “reject[ion]... of an authentically cultic priesthood in the New Covenant” (3). In directly countering the second of these problems across the bulk of its chapters, the book also exemplifies a corrective to the first, providing remedies to this “flaw” on both the hermeneutical and the... (shrink)

This, the 21st volume in the Library of Living Philosophers, is more than Sir Alfred Ayer's final word on the philosophical issues that preoccupied him for more than sixty years; the list of contributors is a roll-call of some of the greatest living figures in philosophy, each expertly addressing a key problem arising in Ayer's work. Most of the critical papers are answered directly and in detail by Sir Alfred-he completed his replies to 21 of the 24 papers before his (...) death. Contributors include: A. J. Ayer, Evandro Agazzi, James Campbell, David S. Clarke, Michael Dummett, Elizabeth Eames, John Foster, Dimitri Ginev, Paul Gochet, Martin Hollis, Ted Honderich, Tscha Hung, Peter Kivy, Arne Naess, D. J. O'Connor, Desiree Park, David Pears, Azarya Polikarov, Hilary Putnam, Francisco Miró, Quesada C., A. Anthony Quinton, Emanuele Riverso, Ernest Sosa, T. L. S. Sprigge, Barry Stroud, and David Wiggins. (shrink)

I show that de Finetti’s coherence theorem is equivalent to the Hahn-Banach theorem and discuss some consequences of this result. First, the result unites two aspects of de Finetti’s thought in a nice way: a corollary of the result is that the coherence theorem implies the existence of a fair countable lottery, which de Finetti appealed to in his arguments against countable additivity. Another corollary of the result is the existence of sets that are not Lebesgue measurable. I offer (...) a subjectivist interpretation of this corollary that is concordant with de Finetti’s views. I conclude by pointing out that my result shows that there is a sense in which de Finetti’s theory of subjective probability is necessarily nonconstructive. This raises questions about whether the coherence theorem can underwrite a legitimate theory of rational belief. (shrink)

The present paper investigates why logical empiricists remained silent about one of the most philosophy-laden matters of theoretical physics of their day, the principle of least action (PLA). In the two decades around 1900, the PLA enjoyed a remarkable renaissance as a formal unification of mechanics, electrodynamics, thermodynamics, and relativity theory. Taking Ernst Mach's historico-critical stance, it could be liberated from much of its physico-theological dross. Variational calculus, the mathematical discipline on which the PLA was based, obtained a new rigorous (...) basis. These three developments prompted Max Planck to consider the PLA as formal embodiment of his convergent realist methodology. Typically rejecting ontological reductionism, David Hilbert took the PLA as the key concept in his axiomatizations of physical theories. It served one of the main goals of the axiomatic method: ''deepening the foundations.'' Although Moritz Schlick was a student of Planck's, and Hans Hahn and Philipp Frank enjoyed close ties to Gottingen, the PLA became a veritable Shibboleth to them. Rather than being worried by its historical connections with teleology and determinism, they erroneously identified Hilbert's axiomatic method tout court with Planck's metaphysical realism. Logical empiricists' strict containment policy against metaphysics required so strict a separation between physics and mathematics to exclude even those features of the PLA and the axiomatic method not tainted with metaphysics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remembering Herb FingaretteMichael Nylan (bio)Over the years, several people have remarked to me that Herb "disappeared" or "disengaged" after his retirement. His standing, at the time of his retirement, was beautifully captured in the 1999 volume Rules, Rituals, and Responsibility: Essays Dedicated to Herbert Fingarette, edited by his student Mary Bockover.But remembering Herb Fingarette, I recall the first two times I spoke with him, by email and eventually in (...) person. I wrote, while preparing the Norton Critical Edition of the Analects, the brief sketch I had devised, mainly on the basis of Confucius: The Secular as Sacred, in which I described him as a New Confucian and a pragmatist. He promptly wrote back to deny both philosophical affiliations. (Hans Sluga's remarks below suggest that Herb did not see himself as a joiner or partisan.) But I got the rest right, apparently, as my sketch of him circled around the opening to his book, a work that changed many people's lives, including those of two friends of mine, Henry Rosemont and Roger Ames:When I began to read Confucius, I found him to be a prosaic and parochial moralizer. … Later, and with increasing force, I found him a thinker with profound insight and with an imaginative vision of man equal in its grandeur to any I know. … Confucius can be a teacher to us today—a major teacher, not one who merely gives us a slightly exotic perspective on the ideas already current. He tells us things not being said elsewhere; things needing to be said. He has a new lesson to teach.1Herb's contribution in that book lay mainly in his willingness to rethink Confucius from the ground up, "to make him new." To the day before he died, that was Herb, still evolving and reformulating his thoughts. One glimpses this in "Being Ninety-Seven," the documentary about Herb that his grandson Andrew Hasse directed and edited, one short clip of which has drawn no fewer than five million views on YouTube, under the title "The Meaning of Life: A Ninety-Seven Year Old Philosopher Looks at Life."I finally met Herb on a fine spring day in 2010, some three years after he had moved to Berkeley, when Henry Rosemont, Jr. happened to be in town. Henry insisted I meet Herb, and he was plainly immensely proud of being the first to write a good review of Herb's work, which so many [End Page 857] Click for larger view View full resolutionHerbert Fingarette, 1921–2018. Photo © Thomas H. Hahn.eminent Sinologists had panned (Herb being outside the field; Herb saying something that might force a change in their ways of thinking; Herb being so clear about his ideas that there was no academic obfuscation). Herb had always been one of the few gods in my academic pantheon, and I was frankly a bit scared to meet him and sound stupid. But Henry had a genius for bringing people together, and by the end of the first meeting Herb and I were well on our way to becoming fast friends. (It didn't hurt that Herb's only child, Ann Hasse, was about to marry one of the Berkeley colleagues whom I most esteem, Erich Gruen.)A few years later, after his wife Leslie died, I asked him, after a decent interval, whether writing so powerfully about the philosophy of dying had helped him when he was confronting it in the case of Leslie, his beloved wife and astute editor. He said quietly, "Not one bit," and from then on I knew I could absolutely trust him. For such a complex man, he was also a person who embraced radical honesty and full engagement, which meant that Herb, nearly always exquisitely polite, could on rare occasions burst forth with a snarky comment, when particularly frustrated with the world or its inhabitants. He was a human being keenly aware of the responsibility that survival brought, despite the frailties encountered when going through life. One felt always that one was conversing with a lifelong seeker after truths large and small, with the result that many a time he was impatient with my tendency... (shrink)

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

_From the president of Wesleyan University, a compassionate and provocative manifesto on the crises confronting higher education_ In this bracing book, Michael S. Roth stakes out a pragmatist path through the thicket of issues facing colleges today to carry out the mission of higher education. With great empathy, candor, subtlety, and insight, Roth offers a sane approach to the noisy debates surrounding affirmative action, political correctness, and free speech, urging us to envision college as a space in which students (...) are empowered to engage with criticism and with a variety of ideas. Countering the increasing cynical dismissal—from both liberals and conservatives—of the traditional core values of higher education, this book champions the merits of different diversities, including intellectual diversity, with a timely call for universities to embrace boldness, rigor, and practical idealism. (shrink)

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.

In this article Christian ethicist Michael S. Jones introduces the work of Princeton University ethicist Thomas Pogge on the areas of global poverty and global justice. He then applies Pogge’s ideas to an ethical issue of continuing importance: racism. He discusses the history of racism in the United States and Romania, pointing out numerous parallels both historical and contemporary. He discusses the appropriate attitude for Christians to adopt on the issue, arguing that while Christian sources are not univocal on (...) the subject, there is an egalitarianism at the heart of Christianity that rules out racism as a Christian attitude. He concludes that Christians can contribute significantly to overcoming racism in the U.S. and Romania by addressing the underlying attitudinal problem from the podium and the pulpit, with the pen, and through their daily interactions with each other. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...) an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

THE LAND OF CURIOSITY has evolved over the past several years as a result of discussions I have had with groups of 4th, 5th, and 6th graders. It all began many years ago in my daughter's 4th grade class. I wanted the group with whom I met once a week to think about rules. So I wrote a little episode about The Basic Rule. The responses to this episode were used as a basis for another episode, this one dealing with (...) The Golden Rule. Responses to that episode led to yet another one on rules. (shrink)

John Martin Fischer's The Metaphysics of Free Will is devoted to two major projects. First, Fischer defends the thesis that determinism is incompatible with a person's control over alternatives to the actual future. Second, Fischer defends the striking thesis that such control is not necessary for moral responsibility. This review essay examines Fischer's arguments for each thesis. Fischer's defense of the incompatibilist thesis is the most innovative to date, and I argue that his formulation restructures the free will debate. To (...) defend his second thesis Fischer relies upon examples designed to show that an agent is responsible for an unavoidable action. I criticize Fischer's account of these examples, but I also maintain that my criticisms do not compromise his theory of responsibility. I raise several other difficulties for Fischer's theory of responsibility, and I close by offering some suggestions about how he might further defend it. (shrink)

For some time now I have been puzzling over what we really have in mind when we say that the schools should be doing a better job of helping students develop their critical thinking abilities. Although most educators agree that something should be done, there is no consensus on how to go about it. I suspect that this is partly because there is no consensus on what critical thinking is. I offer no definition. But I do have some reflections that, (...) I hope, will contribute to our understanding of critical thinking. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...) constitutional protections that may limit the compelled production of such evidence. (shrink)

Mircea Eliade, the renowned scholar of Romanian origin, wrote that Lucian Blaga was the greatest Romanian philosopher of all time. Blaga was intensely interested in both culture and religion as areas of philosophical investigation. Blaga’s philosophy proposes a metaphysics that explains the origin of culture and its unrivaled significance to humanity. His philosophy also endeavors to explicate the relationship between culture and religion. Blaga finds that religion is a cultural product, but does not view this as a detriment to religion. (...) On the contrary, according to Blaga, it is the very fact that religion is an expression of cultural creativity that gives religion its beauty. This article will introduce Blaga’s philosophy of culture and his philosophy of religion, explain the relationship between them, and show that Blaga accorded high honor to both. (shrink)

Flying several miles above ground for several thousand miles gives one pause for reflection. "Don't worry about the world coming to an end today, sir," says one of the children in Peanuts. "It's already tomorrow in Australia." Enroute to Taipei, I suspected that travelling halfway around the world to participate in the 3rd International Conference Philosophy for Children would stand me on my head. I was right. I knew before I left that half of today in Taipei is somehow concurrent (...) with half of yesterday in Kalamazoo. So my head was already spinning a bit as my plane traversed time zone after time zone, making today earlier and earlier until, suddenly--it was tomorrow. (shrink)

Po svoji uèinkovitosti pri spodbujanju éustev glede pripadnosti oz. nepripadnosti je morda edino religija sposobna tekmovati z domoljubjem. Morda tudi samo religija lahko tekmuje z domoljubjem v svoji sposobnosti, da spodbuja in neguje pripadnost milijonov, da bi dosegla niz ciljev povezanih z zvestobo. Vendar paje, kotje opazil John Kleinig (2014: 5), 'domoljubna in verska zvestoba, kljub vsem svojim vznemirjujoèim lastnostim, pogosto pristranska, izkljuóujoéa in celo teroristiéna'. Ince se posamezniki nekritiéno identificirajo z narodom, njegovimi ideali, zgodovino, institucijami in voditelji, ima domoljub (...) nagnjenost delovati, braniti, napadati in celo imeti tujce za manjvredne. (shrink)