In his monograph on the praetorian prefect, L. L. Howe found it necessary to include an appendix concerning the Codex Justinianus as a source for this official. The problem was that while manuscripts or early editors had labelled various recipients of third-century imperial constitutions as prefects, all save two of those appellations were expunged by Krueger in his edition of the CJ. Howe considered it ‘impossible to believe’ that only two of the numerous pre-Diocletianic rescripts preserved by Justinian's compilers should (...) have been directed to praetorian prefects; but he also realised that without further evidence or argumentation, Krueger's scepticism could not simply be ignored. The solution was to label some cases dubious; others, following Krueger, were rejected altogether. But beyond this, Howe was able to discover several instances of entirely unlabelled addressees who could be identified with otherwise known praetorian prefects, and he supposed that many similar cases might be found. (shrink)

Purpose of the article is to reconstruct the legal sources of Christian anthropology. Theoretical basis. The methodological basis of the article is the understanding of the fundamental foundations of Christian anthropology in the context of Roman legal understanding. Originality. From the point of view of the Christian religion, man is a dual being: his body is part of the material world, but his soul is not from this world, he is born directly from God. The transcendent origin of the soul (...) gives it the right to communicate with God, but this right can be realized only with the help of the Church, which is seen as the "bride of the Lamb" and the mystical "body of Christ". Interpretations of the essence of church organization correlate with the principles of organization of the Roman community. The principle of universal priesthood correlates with the idea of "post-Tarquinian democracy", recognizing the people of Rome as the supreme bearer of the empire of Jupiter; catholicity – with the idea of the senate as a meeting of the most deserving leaders of the community; apostolic succession – with the institution of republican magistrates, who even though received their power from the community, but through "consultations with the gods". In essence, Christian dogmatism is Roman law applied to the Middle Eastern religion; the Bible was interpreted as a legal document, and theologians acted as lawyers. Conclusions. In the ancient Churches the ideal of Roman law was realized as the right of impersonal law, standing outside and above the individual. The latter has no ontological value, it is a "servant of God", but the union of men into the mystical "body of Christ" makes the latter empowered to represent God on earth and to act on his behalf. The Renaissance paved the way for the Reformation, in which a powerful "Greek" lobby declared itself. Despite the fact that many leaders of the Reformation had a personal dislike for philosophy, they were spontaneous philosophers, believing themselves entitled to interpret the will of God independently, regardless of the authority of the councils. They were strict rationalists who only changed the object of their reason: if the ancient Greeks tried to comprehend the world rationally, the Protestants set themselves the goal of rationally comprehending the Book. Ultimately, the main question of Christian theology is the question of man’s attitude to God, and the differences between the anthropological systems within Christianity are the options for answering this question. (shrink)

Today even ambitious philosophers are ironic about pretensions to wisdom. Perhaps their single most characteristic pose in this age of debunking criticism is as "conversationalists" in the "great conversation of mankind" anxious "to help the argument along." The metaphor of culture as a conversation is telling in itself. It has replaced the "enlightened" image of "the republic of letters," that lost common homeland of intellectuals. The polity of ideas has given way to the marketplace on the one hand and the (...) "private" conversation on the other. It is, then, immensely difficult for us to understand a thinker like Fichte who saw himself as not only a sovereign citizen in the Republic of Letters, but as one of its magistrates, who perceived his thinking not as a "voice in the conversation of mankind" but as a "science of sciences," the embodiment of "reason's own self-produced knowledge of itself," the articulation of a principle from which all other sciences must be, in principle, strictly "deducible." It would be utterly quixotic for a contemporary philosopher to write a Wissenschaftslehre. (shrink)

There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence ‘predominant aggressors’—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners’ experiences of representing misidentified clients in the civil protection order (...) system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates’ courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a ‘safety net’ for victim-survivors who have been misidentified. (shrink)

Nicholas Biddle, the president of the Second Bank of the United States during its fateful battle with the Jackson Administration, was the nation’s first true central banker. He was also a prolific writer whose widely followed speeches, reports, and expository letters to editors and legislators made him the nation’s leading spokesperson for the rising power of finance capital. Relating Biddle’s little-studied legal, legislative, and literary experience to his better-known banking career, this paper considers in turn two fundamental problems of early (...) American finance that Biddle confronted. One was a problem of regulation: while they were entrusted with quasi-sovereign authority over the money standard in the early United States, commercial banks could not actually control the circulation and value of the competing currencies they produced. Central banking, as Biddle conceived it, came partly in answer to bankers’ need to regulate the money supply as sovereigns once had. The second problem was one of representation: just when men of little or no property were gaining political power in the United States, and just when ordinary people were coming to rely on monetary transactions in qualitatively new ways, control over the supply of cash and credit was ceded to unelected bankers and faceless corporations. The logic of popular sovereignty appeared increasingly in tension with the sovereign privileges bestowed on state-chartered banks. Biddle’s vision of central banking arose, in large measure, in response to the ideological challenge of justifying the growing authority of banks and bankers in Jacksonian America. (shrink)

This work, a reworked doctoral thesis written for Roland Bainton at the Yale Divinity School, begins with an announcement of a specific scholarly purpose: "To clarify the relationship between the clergy and the magistracy which grew out of Zwingli's reforming work at Zurich... the main focus of the study is upon the early stages of Zwingli's career at Zurich.... The ensuing study accepts the assumption that Zwingli believed in a Christian society ruled by two God-ordained officers, the magistrate and (...) the pastor, and asks 'What place did Zwingli assign to the magistrate and the clergy in order to realize the rule of God?'" Using as his model the German habilitations schrift, the author exhausts every possible aspect of Zwingli's theological and political thought. All of Zwinglian scholarship is summarized here, and problems in Zwingli's thought are dealt with emphasizing its development and its contradictions. Basically Walton argues that most of the scholarship about Zwingli is wrong because it assumes that Zwingli advocated domination of the government by the clergy. Zwingli was a defender of a theory of government which envisaged a co-operation between the spiritual and secular authority in a Christian society in order to realize the will of God. Walton finds that Zwingli's success in reforming Zurich was based upon the fact that his formulation of a Church-State detente conformed to pre-existing conditions in that city. Zurich was dominated by a corporate form of government which had already permitted the magistracy to take on a semi-sacral character. Zwingli, Walton argues, fit his theory of government to the conditions as they existed at Zurich. This is a book for Zwingli aficionados. It is an example of extremely well-done Continental scholarship: precise, insightful, and dry. No doubt the work has already become a definitive work on Zwingli's notion of theocracy.--W. A. J. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican RomeT. Corey BrennanGargola, D. J. Lands, Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican Rome. Chapel Hill: University of North Carolina Press, 1995. x 1 270 pp. Cloth, $43.95. (Studies in the History of Greece and Rome)“Nothing could have contributed more to the safety, strength and profit of (...) the state.” Thus Niccolò Machiavelli (Disc. II 6), one of the first of a long line of moderns to expatiate on the phenomenon of Roman Republican colonization. The latest (at time of writing) is D. J. G[argola], with his learned Lands, Laws, & Gods, which has its origins in the author’s 1989 University of North Carolina dissertation. The book takes as its general subject not just Republican colonization but also another well-trod area of Roman public policy—the agrarian legislation that distributed state land and regulated its use—as well as the religious and technical aspects of Roman land definition.Can we really expect much new on these traditional topics? Perhaps not, [End Page 143] especially now that we have Dieter Flach’s Römische Agrargeschichte (Handbuch der Altertumswissenschaft 3.9, Munich 1990)—a masterly synthesis that G. oddly has missed. Yet G. independently manages to come up with a work of value. The bulk of G.’s book (chapters 2–7) consists of detailed reconstructions, especially from the evidence of Livy 21–45 (not much used by Flach), of how colonies were established, viritane plots assigned, and land sold or leased in the mid-Republic. Here G. has sifted through a small mountain of difficult evidence (and bibliography) of widely varying worth and succeeded in shaping a coherent narrative. He has a keen eye for technical and conventional language, and sound judgment on the limits of applying evidence from the various Gromatici (none of whom were writing much before the second century a.d.) to the Republican situation. In short, G. in these pages has crafted a reliable and readable English language work of reference on all sorts of res agrariae.The emphasis in chapters 2–7 is not so much on evolution in the administration of agrarian and colonial legislation—G. argues (somewhat provocatively) that there was not much development of institutions within this period—but on creating a composite picture of how things worked. G. realizes “the result is necessarily an idealized portrait,” in which the system appears more regular than it perhaps was (10–11). One additional trouble, however, is that this approach sometimes flattens potentially significant details. Take for instance the two commissions of colonial IIIviri created under a lex Aelia of late 194 (Liv. 34.53.1–2), one of which went on to found Copia (193), the other Valentia (192). Now, the reported terms of this law provided that the commissioners hold imperium—quite striking, though G. misses that detail—for three years (i.e., 193–91) to colonize the ‘ager Thurinus’ and the ‘Bruttii’ respectively. G. is over-optimistic in calling these territories “stable, long pacified regions” (63). If so, why the imperium? One possible explanation. The territorial parameters placed on each of these commissions (especially ‘the Bruttii’) were quite loose. Those IIIviri may have been expected to take wide-ranging measures to strengthen Roman control over dissidents in this area (cf. App. Hann. 61.252–53), even after they established their colonies. (Note that each of these commissions completed their ostensible tasks before their triennium expired.) If true, how many other colonial commissions were like these?It is only in chapters 8 and 9, where G. surveys agrarian programs from the Gracchi to the end of the Republic, that we see an attempt to show real development. The Gracchi in their agrarian legislation sought to achieve broader effects than any of their predecessors, argues G. in chapter 8, and so introduced agrarian laws that “ended the rigid separation of categories found in mid-Republican legislation” (176). Consider the lex Sempronia agraria of 133, which, in its final form, established IIIviri a(gris) i(udicandis) a(dsignandis) to settle coloni on public land taken from illegal possessores. In this law... (shrink)

Governmentality is a spatial formation negotiated within historically-constituted political landscapes. In Bangkok, this spatialization of power is manifested in the militarization of urban life and the protocols of security procedure, but also in anti-government protests and an increasingly politicized visual culture. The memory and meaning of the city’s streets exist as an overlooked legibility that challenges the visual strategies of government control. Monuments, travel routes, and other public sites of national recognition now compete in an extended urban arena of images, (...) such as literature and cinema, which re-stage governmentality and the material contours of Thailand’s contemporary political disagreements outside of its institutional norms. I read this intersection between governing and image circulation through the development of a visual economy in Bangkok and depict how different communities—including a bureaucratized military and a populist political party, but also writers and filmmakers—intervene in its circulation. Each group zooms in on key spaces of the city in the attempt to speak to changing forms of governmentality. (shrink)

Heroism and Wisdom is an interdisciplinary work dissecting the lives, philosophies, and works of fourteen historically significant Italian figures to examine the topics of Italian history, culture, and moral psychology of notions such as practical wisdom, heroism, authenticity, honor, will to power, and leading a meaningful human life.

How do the arts inform and cultivate our service to God? In this addition to an award-winning series, distinguished philosopher Bruce Ellis Benson rethinks what it means to be artistic. Rather than viewing art as practiced by the few, he recovers the ancient Christian idea of presenting ourselves to God as works of art, reenvisioning art as the very core of our being: God calls us to improvise as living works of art. Benson also examines the nature of liturgy and (...) connects art and liturgy in a new way. This book will appeal to philosophy, worship/liturgy, art, music, and theology students as well as readers interested in engaging issues of worship and aesthetics in a postmodern context, including Christian artists and worship leaders. (shrink)

Corruption devours profits, people, and the planet. Ethical leaders promote ethical behaviors. We develop a first-stage moderated mediation theoretical model, explore the intricate relationships between ethical leadership and employee ethical behaviors, and treat ethical climate and organizational justice as dual mediators and leaders’ moral attentiveness as a moderator. We investigate leadership from two perspectives—leaders’ self-evaluation of moral attentiveness and members’ perceptions of ethical leadership. We theorize: These dual mediation mechanisms are more robust for high moral leaders than low moral leaders. (...) Our three-wave data collected from multiple sources, 236 members and 98 immediate supervisors in the Republic of Iraq, support our theory. Specifically, ethical leadership robustly impacts organizational justice’s intensity and magnitude, leading to high employee ethical behaviors when leaders’ moral attentiveness is high than low. However, ethical leadership only influences the ethical climate’s intensity but has no impact on the magnitude when leaders’ moral attentiveness is high than low. Therefore, organizational justice is a more robust mediator than the ethical climate in the omnibus context of leader moral attentiveness. Our findings support Western theory and constructs, demonstrating a new theory for Muslims in Arabic’s emerging markets. Individual decision-makers apply their values as a lens to frame their concerns in the immediate and omnibus contexts to maximize their expected utility and ultimate serenity-happiness. Ethical leadership trickles down to employee ethical behaviors, providing practical implications for improving the ethical environment, corporate social responsibility, leader-member exchange, business ethics, and economic potentials in the global competitive markets. (shrink)

Hagiography of Sankaracarya, the exponent of Advaita philosophy.

The source of endless speculation and public curiosity, our scientific quest for the origins of human consciousness has expanded along with the technical capabilities of science itself and remains one of the key topics able to fire public as much as academic interest. Yet many problematic issues, identified in this important new book, remain unresolved. Focusing on a series of methodological difficulties swirling around consciousness research, the contributors to this volume suggest that ‘consciousness’ is, in fact, not a wholly viable (...) scientific concept. Supporting this ‘eliminativist‘ stance are assessments of the current theories and methods of consciousness science in their own terms, as well as applications of good scientific practice criteria from the philosophy of science. For example, the work identifies the central problem of the misuse of qualitative difference and dissociation paradigms, often deployed to identify measures of consciousness. It also examines the difficulties that attend the wide range of experimental protocols used to operationalise consciousness—and the implications this has on the findings of integrative approaches across behavioural and neurophysiological research. The work also explores the significant mismatch between the common intuitions about the content of consciousness, that motivate much of the current science, and the actual properties of the neural processes underlying sensory and cognitive phenomena. Even as it makes the negative eliminativist case, the strong empirical grounding in this volume also allows positive characterisations to be made about the products of the current science of consciousness, facilitating a re-identification of target phenomena and valid research questions for the mind sciences.​. (shrink)

There may be two and a half bagels on the table. When there are two and a half, it is false that there are exactly two. As obvious as these claims are, they can’t be accounted for on the most straightforward and familiar views of counting and the semantics of number words. I develop a view on which counting is a type of measuring. In particular, counting involves a specific measure function. I then analyze that function and show how it (...) can account for the cases in which counting is sensitive to partiality, e.g. partial bagels. (shrink)

Eric Perrin-Saminadayar The Official Welcomes of Sovereigns and Princes in Athens during the Hellenistic Period p. 351-375 In reporting the official visit made by Attalus I to Athens in 200 BC, Polybius stresses the exceptional welcome the sovereign received on the part of the entire city. He describes a protocol of apantesis in accordance with a model met with elsewhere for other sovereigns. Now at Athens, if a protocol indeed existed regulating the welcome of important persons, this was not uniquely (...) reserved for sovereigns on an official visit: in the Hellenistic period the representatives of the "friends and allies" of the people, as well as of the Romans, were treated in just as sumptuous a manner. The Athenian protocol, which several inscriptions and some literary texts make it possible to reconstruct, envisaged a welcome at Piraeus by the ephebes and magistrates, who escorted the honoured personage to Athens with great pomp: this was the apantesis. Afterwards the visit itself (apodoche) was also regulated and its organisation entrusted to a magistrate specially allocated for the reception. At Athens this consisted of sacrifices in the civic sanctuaries, a public dinner and — an Athenian speciality — an oration before the people. (shrink)

Quantum indistinguishability directly relates to the philosophical debate on the notions of identity and individuality. They are crucial for our understanding of multipartite quantum systems. Furthermore, the correct interpretation of this feature of quantum theory has implications that transcend fundamental science and philosophy, given that quantum indistinguishability is a resource in quantum information theory. Most of the conceptual analysis of quantum indistinguishability is restricted to studying the permutational invariance of quantum states, the concomitant quantum statistics and their entanglement. Here, we (...) analyse the role of indistinguishability and non-individuality in other areas of quantum theory. We start by analysing how a very peculiar use of indistinguishability underlies Feynman’s rules for summing amplitudes in interference phenomena. Next, we study how quantum indistinguishability is underestimated in several topics of debate in the quantum physics literature, such as the Einstein–Podolsky–Rosen argument, Bell’s inequalities and the Bell–Kochen–Specker theorem. Finally, we argue that an ontology of truly indistinguishable entities can serve as a basis for a quantum ontology that can give interesting answers to the interpretational problems of quantum mechanics. We claim that, in addition to superposition, contextuality and entanglement, indistinguishability (understood in a robust ontological sense) is one of the central features of quantum physics. -/- . (shrink)

In modern society, democracy as a symbol of social civilization and progress is cherished. Any government or organization, whether truly democratic or not, will claim that it is democratic while its opponents are not. However, as a historical notion, democracy does not possess the quality of absoluteness. In my view, democracy, in its original meaning, should be understood as a way to social compromise, whose aim is to guarantee a relatively fair political life.

How did revolutions facilitate empires’ transition to nation-states? This article compares the Bolshevik and the Chinese Communist Revolutions. It conceptualizes this Soviet–Sino comparison through three dimensions of nation-building: separating from a universal community, building a national cultural core and overcoming internal ethnopolitics. Both socialist regimes accommodated the nation-state model by fusing centralized control with limited autonomy for ethnic minorities. Yet, whereas the Soviet Union claimed to be a universal union of nation-states, which was supposed to keep accepting new members until (...) it covered the entire globe, the People’s Republic of China resembled a typical nation-state that preserved multiethnicity and enclosed borders under the title of the ‘Chinese Nation’. In analyzing the influence of revolutions, this article probes three relations: inter-revolution, revolution–society and revolution–counterrevolution. Arising after the Bolsheviks as a follower-revolution, the Chinese Communist Party (CCP) was confined to a national component of the USSR’s global communism project. This shaped the CCP’s enclosed geographical activity space, Han-dominated ethnic composition and the consciousness of national liberation. The CCP’s mobilization covered far wider social strata than the Bolsheviks’ had, which engendered stronger manpower and motivation to transform the traditional culture into a national culture. Being weak at its borderlands, the CCP was cautious about the doctrine of ‘national self-determination’, not daring to make it a geopolitical weapon for revolution export as the Bolsheviks had done in founding the Soviet Union. Owing to each of these differences in revolutionary trajectories, the CCP was more receptive to ‘China’ than the Bolsheviks were to ‘Russia’, and this led to two distinctive ways of reorganizing empires into nation-states. (shrink)

In this article author considers the problem of epistemology of historical knowledge. Author doesn't accept the neo-kantianism theory. He makes an attempt to differ the two forms of unitarization of scientific knowledge — theoretization and the principle of holism and, hence, the two forms of the theoretical consideration of history. The author insists that the Marxists approach seems to be the most relevant from this point of view. Thus, he defends the thesis that the idealistic concepts are much vulnerable comparing (...) with the materialistic approaches. (shrink)

Philosophers at least since Kant, with Larry Laudan being a recent example, have suggested that scientific inquiry be thought of as a problem-solving or question-answering activity. The logic of such a conception of scientific inquiry has not been studied systematically, however. This paper presents some of the main aspects of the logic on which such a conception of science is based. That logic is called in this paper model-oriented logic, and it is suggested that one can systematically study optimal questioning (...) strategies with it. (shrink)

Context: On 12 November 2010, Ernst von Glasersfeld passed away. He was one of the most important, if not the most important, proponents of constructivist philosophy. Problem: In his life Ernst influenced many other scientists and philosophers. By whom was he himself influenced; who shaped his intellectual development? By collecting contributions from those who knew him closely or have an excellent understanding of radical constructvism we aim at presenting a cartography of the past and current state of affairs of radical (...) constructivism. These contributions should also shed light on the question of the legacy that Ernst leaves behind. Method: Some 25 authors accepted our invitation to contribute to this commemorative issue. Some texts are reminiscence essays expressing their friendship with Ernst, others are academic papers that investigate Ernst’s influence in various disciplines. Two contributions Ernst von Glasersfeld authored himself. Results: Ernst von Glasersfeld is described as an intellectual mentor for many of his students. His legacy is alive in many disciplines ranging from education science to linguistics. Implications: Ernst’s impact on mathematics education is described in some detail in these articles. However, his impact on science education has also been extensive. Constructivism is a foundation stone in the thinking behind the curriculum in many countries and this collection of papers should be useful to practitioners and researchers in education. We think that the work on conceptual analysis could be used more fully as a tool for modelling emerging concepts and hope that the articles here will facilitate interest in this aspect of Ernst’s work. (shrink)