Separation of powers is one of the ideas with profound theoretical and practical significance, especially in the field of political science. The birth of the theory of separation of powers marked the transition from the barbaric use of power in authoritarian societies to the exercise of civilized power in democratic societies. Therefore, separation of powers is considered an objective necessity in democratic states, a condition to ensure the promotion of liberal values, and a criterion for assessing the (...) existence and development of the Rule of Law where people's sovereignty plays a paramount role. On the way to perfecting political thinking, the theory of separation of powers has developed into a complete system in the main philosophy of John Locke. Within the scope of the article, the author focuses on analyzing Locke's ideology of separation of powers in terms of the nature of separation of powers, the basis and some principles of power division, and the roles of the different parts of government power and the relationship between them. (shrink)

Bourdieu’s thought is disturbing. Provocative. Scandalous even, at least for those who do not easily tolerate the unmitigated truth about the social. Nonetheless his ideas, among the most important and innovative of our time, are here to stay. This thought has taken form in the course of a career and through works on diverse subjects that have constructed a far-reaching analytical model of social life, which the author calls more readily an anthropology rather than a sociology. In their totality, they (...) constitute today an original and powerful proposal to explain human practices. In the face of criticisms commonly leveled at Bourdieu’s thought (notably the charge that it reduces everything to a single schematic model), it is important to identify the spirit of his enterprise. Early on, it is true, his thought drew on a few fundamental concepts—the trilogy habitus, field (champ), practice (pratique)—to which it constantly returned, and followed a clearly defined trajectory. At the same time, however, he continually reformulated, adapted, and refined his analytical model, depending on the operations to which he subjected new objects of inquiry. The regenerative and transformative force of his thought was supported by two convictions. First, that there being nothing more vain than theory for theory’s sake, it is preferable that theoretical production originate in the study of concrete and occasionally very specific cases. Second, that in order to escape stereotypical classifications, boundaries separating disciplines are best transgressed, thereby favoring new constructions of the object of inquiry. (shrink)

Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this situation, fully launching a (...) new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian "essence" and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of "border crossings.". (shrink)

The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is (...) based in Rawls' and Nozick's differing understandings of the morally significant aspects of personhood, and argues that respect for separateness is a value better suited to defend Nozickian libertarianism than Rawlsian liberalism. (shrink)

V.1 Re-establishing an initial union among philosophy, science, and wisdom by recovering our understanding of philosophy, science : how philosophy, science, is, and always has been, chiefly a study of the one and the many -- v.2. An introduction to ragamuffin Thomism.

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then (...) this is impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

One of the distinctive ideas of contemporary liberal political philosophy is that the separateness of persons is somehow normatively momentous. A proper respect for separateness is supposed to lead us not only to reject aggregative theories such as utilitarianism, but to embrace some particular positive theory about the sorts of obligations and claims we have amongst each other. Typically, philosophers have focused on the way in which the separateness of persons is important to matters of distribution. Given the intuitively (...) unjust distributions often sanctioned by utilitarianism, such a focus makes sense. Much of the contribution of my dissertation, however, is to argue that separateness is relevant not just as a fact about persons as beneficiaries, but perhaps even more fundamentally, as agents. ;Chapter one explores the connection between respect for the separateness of persons and liberal theory, with reference to the cases of John Rawls and Robert Nozick. Chapter two defends the reasonableness of respect for separateness against the metaphysical critique of Derek Parfit. Chapters three and four spell out the main idea of respect for separateness as agents. Chapter five examines applies this analysis to free markets, and argues that while separateness provides some grounds for criticizing markets, it also provides some interesting, non-efficiency based grounds for praising them. (shrink)

A full separation theorem for the derivable rules of intuitionistic linear logic without bounds, 0 and exponentials is proved. Several structural consequences of this theorem for subreducts of (commutative) residuated lattices are obtained. The theorem is then extended to the logic LR+ and its proof is extended to obtain the finite embeddability property for the class of square increasing residuated lattices.

This book clarifies the relation between religion and ethics, articulates principles governing religion in politics, and outlines a theory of civic virtue. It frames institutional principles to guide governmental policies toward religion and counterpart standards to guide individual citizens; and it defends an account of toleration that leavens the ethical framework both in individual nations and internationally.

Salomon Munk (1803-1867) belonged to a group of German-Jewish scholars who pioneered the systematic study of Arabic, Judeo-Arabic and Islamic philosophy in Western Europe in the nineteenth century, as part of a movement that came to be known as the Science of Judaism. The Science of Judaism applied the tools of modern science (in particular philology) to the study of Judaism, seeking to shed light on its manifold aspects and historical contexts--an undertaking which eventually led to the birth of (...) Jewish studies as an academic discipline. Munk's ground-breaking studies of Arabic and Judeo-Arabic sources were to play a central role in this process, exerting a major influence on nineteenth century German and French Oriental studies as well as on modern philosophical historiography, and paving the way for the scientific study of the relationship between medieval Jewish, Islamic, and Christian thought. This book is an attempt to restore this extraordinary representative of German Jewry to the pantheon of the Science of Judaism, and in the process, to illustrate the fascinating origins of the academic field of Jewish and Islamic Studies. (shrink)

Separation (Philosophy) ; Islamic philosophy.

Thick terms and concepts, such as honesty and cruelty, are at the heart of a variety of debates in philosophy of language and metaethics. Central to these debates is the question of how the descriptive and evaluative components of thick concepts are related and whether they can be separated from each other. So far, no empirical data on how thick terms are used in ordinary language has been collected to inform these debates. In this paper, we present the first (...) empirical study, designed to investigate whether the evaluative component of thick concepts is communicated as part of the semantic meaning or by means of conversational implicatures. While neither the semantic nor the pragmatic view can fully account for the use of thick terms in ordinary language, our results do favour the semanticist interpretation: the evaluation of a thick concept is only slightly easier to cancel than semantically entailed content. We further discovered a polarity effect, demonstrating that how easily an evaluation can be cancelled depends on whether the thick term is of positive or negative polarity. (shrink)

Standard derivations of the Bell inequalities assume a common-commoncause-system that is a common screener-off for all correlations and some additional assumptions concerning locality and no-conspiracy. In a recent paper Graßhoff et al., "The British Journal for the Philosophy of Science", 56, 663–680 ) Bell inequalities have been derived via separate common causes assuming perfect correlations between the events. In the paper it will be shown that the assumptions of this separate-common-cause-type derivation of the Bell inequalities in the case of (...) perfect correlations can be reduced to the assumptions of a common-common-cause-system-type derivation. However, in the case of non-perfect correlations a non-reducible separate-common-cause-type derivation of some Bell-like inequalities can be given. The violation of these Bell-like inequalities proves Szabo's ) conjecture concerning the non-existence of a local, non-conspiratorial, separate-common-cause-model for a δ-neighborhood of perfect EPR correlations. (shrink)

Hume invokes the separability of perceptions to derive some of his most contentious pronouncements. To assess the cogency of the arguments, the notion must first be clarified. The clarification reveals that sic different separability claims must be distinguished. Of these, I consider the three that are rarely discussed. They turn out to be unacceptable. Locke espouses none of them.This Article does not have an abstract.

Is business intimately related to ethics or can the two be separated? I argue that examining this question by focusing on how the two areas might be separated is logically flawed. Examining how business and ethics are connected, however, can bear fruit. This examination shows that business is a proper subset of ethics. Understanding this intimate connection has two practical benefits. It removes the seemingly incommensurable conflict between financial and ethical responsibilities of managers and it gives us new and positive (...) insights into Milton Friedman’s view that the social responsibility of business is to increase its profits. (shrink)

In this paper, I accomplish a conceptual task and a historical task. The conceptual task is to argue that (1) Einstein’s Principle of Separability (henceforth “separability”) is not a supervenience principle and that (2) separability and entanglement are compatible. I support (1) by showing that the conclusion of Einstein’s incompleteness argument would still follow even if one assumes that the state of a composite system does not supervene on the states of the subsystems, and by showing that what Einstein says (...) in “Quantum Mechanics and Reality” (1948) strongly suggests that separability is not a principle about how subsystem states relate to the state of composite systems. I support (2) by showing that if separability was incompatible with entanglement, then Einstein’s argument would be incoherent in a trivial way. Thus, by arguing for (1) and (2) I directly challenge what has been, and still is, a very common reading of separability. The historical task is to offer the first detailed review of the different ways in which separability has been defined by physicists and philosophers in the last 60 years. Among other things, such a review distinguishes three different definitions of the principle, and shows that since the 1990s and up until the present date, it became standard to take separability (as presented by Einstein) to be a supervenience principle. (shrink)

This paper is dedicated to Newton da Costa, who,among his many achievements, was the first toaim at dualising intuitionism in order to produce paraconsistent logics,the C-systems. This paper similarly dualises intuitionism to aparaconsistent logic, but the dual is a different logic, namely closed setlogic. We study the interaction between the properties of topologicalspaces, particularly separation properties, and logical theories on thosespaces. The paper begins with a brief survey of what is known about therelation between topology and modal logic, intuitionist (...) logic and paraconsistentlogic in respect of the incompleteness and inconsistency of theories.Necessary and sufficient conditions which relate the T 1-property to theproperties of logical theories, are obtained. The result is then extendedto Hausdorff and Normal spaces. In the final section these methods areused to vary the modelling conditions for identity. (shrink)

We often think of normal childhood as a progressive development towards a fixed—and often tacitly individualistic and masculine—model of what it is to be an adult. By contrast, phenomenologists, psychoanalysts, sociology of childhood, and feminist thinkers have set out to offer richer accounts both of childhood development and of mature existence. This paper draws on accounts of childhood development from phenomenologist Maurice Merleau-Ponty and object relations theorist D. W. Winnicott in order to argue that childhood development takes place in “transitional (...) spaces”; explores typical gendered patterns in the formation of selfhood that “split” relationality and separateness into the “feminine” and the “masculine”; and offers a phenomenology of perception, love, and objectivity in order to show the manner in which, contra individualistic and masculine visions of adulthood, maturity requires an embrace rather than eschewal of ambiguity, and the capacity to continue to dwell in the transitional space between relatedness and separateness. (shrink)

In 1947 America’s premier philosopher, educator, and public intellectual John Dewey purportedly lost his last manuscript on modern philosophy in the back of a taxicab. Now, sixty-five years later, Dewey’s fresh and unpretentious take on the history and theory of knowledge is finally available. Editor Phillip Deen has taken on the task of editing Dewey’s unfinished work, carefully compiling the fragments and multiple drafts of each chapter that he discovered in the folders of the Dewey Papers at the Special (...) Collections Research Center at Southern Illinois University Carbondale. He has used Dewey’s last known outline for the manuscript, aiming to create a finished product that faithfully represents Dewey’s original intent. An introduction and editor’s notes by Deen and a foreword by Larry A. Hickman, director of the Center for Dewey Studies, frame this previously lost work. In Unmodern Philosophy and Modern Philosophy, Dewey argues that modern philosophy is anything but; instead, it retains the baggage of outdated and misguided philosophical traditions and dualisms carried forward from Greek and medieval traditions. Drawing on cultural anthropology, Dewey moves past the philosophical themes of the past, instead proposing a functional model of humanity as emotional, inquiring, purposive organisms embedded in a natural and cultural environment. Dewey begins by tracing the problematic history of philosophy, demonstrating how, from the time of the Greeks to the Empiricists and Rationalists, the subject has been mired in the search for immutable absolutes outside human experience and has relied on dualisms between mind and body, theory and practice, and the material and the ideal, ultimately dividing humanity from nature. The result, he posits, is the epistemological problem of how it is possible to have knowledge at all. In the second half of the volume, Dewey roots philosophy in the conflicting beliefs and cultural tensions of the human condition, maintaining that these issues are much more pertinent to philosophy and knowledge than the sharp dichotomies of the past and abstract questions of the body and mind. Ultimately, Dewey argues that the mind is not separate from the world, criticizes the denigration of practice in the name of theory, addresses the dualism between matter and ideals, and questions why the human and the natural were ever separated in philosophy. The result is a deeper understanding of the relationship among the scientific, the moral, and the aesthetic. More than just historically significant in its rediscovery, Unmodern Philosophy and Modern Philosophy provides an intriguing critique of the history of modern thought and a positive account of John Dewey’s naturalized theory of knowing. This volume marks a significant contribution to the history of American thought and finally resolves one of the mysteries of pragmatic philosophy. (shrink)

In the philosophy of science, we are to assess critically and on their intrinsic merits various proposals for a consistent interpretation of quantum mechanics, including resolutions of the measurement problem and accounts of the long-range Bell correlations. In this paper I suggest that the terms of debate may have been so severely and unduly constrained by the reigning orthodoxy that we labor unproductively with an unhelpful vocabulary and set of definitions and distinctions. I present an alternative conceptual framework, free (...) of many of the standard conundrums. (shrink)

According to High-Dimensional Wavefunction Fundamentalism (HDWF) the wavefunction field evolving in configuration space is all that exists fundamentally. The main argument in favor of HDWF is an argument from separability and locality: separability is a desirable feature of a fundamental metaphysics and HDWF is indeed such a separable metaphysics. Separability in turn is desirable because it is simple and intuitive. Tim Maudlin has recently argued that intuitiveness and simplicity cannot motivate separability. In particular, our intuitions stem from our interactions with (...) the three-dimensional world which is non-separable. Therefore, he concludes, there is _nothing else_ HDWF theorists can appeal to motivate separability. I call this Maudlin’s challenge. The present paper addresses Maudlin’s challenge by showing how the facts that some plurality of entities are separable entail that its constituents are fundamental, for well-motivated notions of fundamentality. (shrink)

BackgroundEmergency separation of conjoined twins is performed when one twin is already dead or dying and threatens the survival of the other. The particular decision to perform an emergency separation of conjoined twins provides an ethical dilemma that needs special attention. Adding to the complexity of surgical and postsurgical management in emergency separation, ethical and sociocultural aspects further complicate decision-making.Case presentationFrom 1987 to 2022, 18 conjoined twin separations were performed in our centre. This paper describes three conjoined (...) twin emergency separations. In the first case of thoracoomphalopagus babies at nine days of age, one baby was diagnosed with necrotizing enterocolitis with frequent desaturation and seizures, and the other baby was healthy. Emergency separation was performed on the twelfth day of age; unfortunately, neither baby survived the surgery. In the second case, emergency separation was performed on the 110th day of life due to sepsis in one baby. The nonseptic twin passed away six hours after surgery, while the septic twin died 12 days after surgery due to wound dehiscence and abdominal sepsis. The third case was of an omphalopagus conjoined twin with a parasitic twin. The healthy baby was deemed nonviable but found to be healthy upon birth. Immediate emergency separation was performed at 2 h of age. The living baby survived the surgery but passed away two months later.ConclusionsWhen separation is deemed necessary to save one twin, it becomes difficult to apply standard ethical medical reasoning. The decision to separate results in most cases in very high-risk surgeries with poor outcomes during surgery and postsurgery. Compounded by the complexity of the case, sociocultural and religious aspects further add to the dynamics of decision-making. A multidisciplinary team must work together with a health ethics committee and navigate through this ethical conundrum with the patient and family at its decision-making centre to decide on the best plan of care. (shrink)

Is business intimately related to ethics or can the two be separated? I argue that examining this question by focusing on how the two areas might be separated is logically flawed. Examining how business and ethics are connected, however, can bear fruit. This examination shows that business is a proper subset of ethics. Understanding this intimate connection has two practical benefits. It removes the seemingly incommensurable conflict between financial and ethical responsibilities of managers and it gives us new and positive (...) insights into Milton Friedman’s view that the social responsibility of business is to increase its profits. (shrink)

This paper addresses the concern that despite centuries of analysis of jus ad helium and jus in hello, the pernicious view persists that war is a separate and amoral sphere: "C'est la guerre!" In fact, there are and must be rules for armed conflicts, and foul offenses such as rape and murder are not excused by war. What individuals do beyond the bounds of jus in hello reveals and affects their character as much as actions taken in more peaceful contexts. (...) Traditional martial virtues such as loyalty and discipline, if they are not undermined by mixed signals from leadership or corrupted by an unethical command climate, can be used to bolster the warrior's commitment to exercising restraint in wartime. These virtues remain accessible to the warrior even when dehumanization of the enemy dampens the mind's capacity for empathy and produces moral callousness. (shrink)

Andrew Torrance has recently argued that we can distinguish analytic theology from analytic philosophy of religion if we understand theology as, fundamentally, a scientific enterprise. However, this distinction holds only if philosophy of religion is not itself a science in the sense intended by Torrance. I argue that philosophy of religion is a science in this sense, and so, that Torrance cannot distinguish theology from philosophy of religion in the way suggested. Nevertheless, I offer two alternative (...) routes to the distinction based on the nature of the respective objects of study in theology and philosophy of religion. Thus, I demonstrate that there is a coherent model available to Torrance which preserves the distinction he seeks. (shrink)

Philosophy, it is said, has always been concerned with space and nature. Since Aristotle, even since the pre-Socratics, and up to Descartes and Leibniz at least, no one was worthy of the title of philosopher if he had not written something about meteors. And not only about meteors: observations on the movements of the Earth and changes in nature, changes of state or speed, transitions and contacts between strange elements, spatial geometrical properties, the order of coexistences - their limits (...) - and the correspondences between scales; force and matter, constructive typologies and geomorphology were an indissoluble part of the philosophical field. It is not that philosophy reflected on these external themes, but that these themes formed the fabric of the philosophical body. What happened, then, between the end of the seventeenth century and the first half of the eighteenth century? How did the themes related to space and nature become diluted and disappear from philosophical discourses? It is not a question of the split between man and nature, ancient and incommensurable, but of the separation of nature itself, modern and discontinuous, by means of which it was placed alongside the barren, the inert, as a category. -/- La filosofía, se dice, se ocupó siempre de los espacios y de la naturaleza. Desde Aristóteles, incluso desde los presocráticos, y hasta Descartes y Leibniz por lo menos, nadie era digno del título de filósofo si no había escrito algo sobre los meteoros. Y no sólo sobre los meteoros: las observaciones sobre los movimientos de la Tierra y la mudanza en la naturaleza, los cambios de estado o de velocidad, las transiciones y los contactos entre elementos extraños, las propiedades geométricas espaciales, el orden de las coexistencias —sus límites— y las correspondencias entre las escalas; la fuerza y la materia, las tipologías constructivas y la geomorfología formaban parte indisoluble del campo filosófico. No es que la filosofía reflexionase sobre esos temas externos, sino que esos temas formaban el tejido del cuerpo filosófico. ¿Qué sucedió, entonces, entre el final del siglo XVII y la primera mitad del siglo XVIII? ¿Cómo fue que los temas relacionados con el espacio y la naturaleza se diluyeron y desaparecieron de los discursos filosóficos? No se trata de la escisión entre hombre y naturaleza, antigua e inconmensurable, sino de la separación de sí de la naturaleza misma, moderna y discontinua, por medio de la cual fue puesta al lado de lo yerto, lo inerte, como una categoría. (shrink)

Nowadays, more than three centuries after John Locke’s affirmation of the separation between state and church, confessional systems of government are still widespread and, even in secular liberal democracies, politics and religion often intermingle. As a result, some ecclesiastical institutions play a significant role in political affairs, while minority groups and individuals having alternative worldviews, values, and lifestyles are frequently discriminated against. Locke’s theory of religious toleration undeniably has some shortcomings, such as the exclusion of Roman Catholics and atheists (...) from toleration and an emphasis on organized religion in A Letter Concerning Toleration (1689). However, Locke’s theory of toleration, which presents a Christian’s defense of the civil rights of those who have different religious opinions, still provides powerful arguments for the oft-neglected separation of politics from institutional religion, thereby urging us to leave theological dogmas and ecclesiastical authorities out of political life. (shrink)

According to logical inferentialists, the meanings of logical expressions are fully determined by the rules for their correct use. Two key proof-theoretic requirements on admissible logical rules, harmony and separability, directly stem from this thesis—requirements, however, that standard single-conclusion and assertion-based formalizations of classical logic provably fail to satisfy :1035–1051, 2011). On the plausible assumption that our logical practice is both single-conclusion and assertion-based, it seemingly follows that classical logic, unlike intuitionistic logic, can’t be accounted for in inferentialist terms. In (...) this paper, I challenge orthodoxy and introduce an assertion-based and single-conclusion formalization of classical propositional logic that is both harmonious and separable. In the framework I propose, classicality emerges as a structural feature of the logic. (shrink)

In his book, John McDowell on Worldly Subjectivity, Tony Cheng argues that recent changes to McDowell’s theory of perceptual justification should lead him to accept that experiences possess non-conceptual content. In this paper, I take issue with Cheng’s conclusion. Instead, I argue that McDowell should adopt Travis’s position, where experiences aren’t taken to possess content at all. I argue that we can distinguish two separate Myths of the Given in McDowell’s writings. While McDowell often seamlessly moves from one to the (...) other, I argue that it is difficult to see how he can justify this due to his recent alterations to his position. I argue that if we reject one Myth and retain the other, then McDowell can both hold on to a version of his view that the space of reasons is the space of the conceptual, all the while he accepts Travis’s arguments to the effect that experiences are devoid of content. Finally, I consider some arguments McDowell might present against accepting Travis’s position. While these objections do not convince me, what is notable about them is that, if they are sound, then they will equally count against Cheng’s intermediary position where non-conceptual contents are ascribed to experiences. Hence, I conclude that there are no grounds on which McDowell can reasonably endorse that experiences possess non-conceptual contents. Either he should stick to his conceptualism, or he should follow Travis and reject that experiences possess contents at all. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The (...) Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Separating the Human from the Divine Cesáreo Bandera University ofNorth Carolina at Chapel Hill Myths are hard to die. One such myth concerns what happened with poetry in general, that is to say, imaginative literature or literary fiction, in the transition from the Middle Ages to the Renaissance and beyond. Its basic outline was developed during the nineteenth century. J. E. Spingarn, for example, echoes such a myth in (...) his History of Literary Criticism in the Renaissance, first published in 1899, which has gone through many editions and reprintings since then. In it we read the following: The first problem of Renaissance criticism was the justification of imaginative literature. The existence and continuity of the aesthetic consciousness, and perhaps, in a less degree, of the critical faculty, throughout the Middle Ages, can hardly be denied; yet distrust of literature was keenest among the very class of men in whom the critical faculty might be presupposed, and it was as the handmaid of philosophy, and most of all as the vassal of theology, that poetry was chiefly valued.... The Renaissance was thus confronted with the necessity ofjustifying its appreciation of the vast body of literature which the Revival of Learning had recovered for the modern world. (3) Speaking of Savonarola's De Divisione ac Utilititate Omnium Scientiarum, written about 1492, he concludes as follows: In fine, as a reformer, he represents for us the religious reaction against the paganization of culture by the humanists. But the forces against him were too strong. Even the Christianization of culture effected during the next century by the Council of Trent was hardly more than temporary. Humanism, which represents 74Cesáreo Bandera the revival of ancient pagan culture, and rationalism, which represents the growth of the modem spirit in science and art, were currents too powerful to be impeded by any reformer, however great. (14) This general picture of the historical standing and the fate of literary fiction as we move from the Middle Ages into the modern era, is still very much with us, even though it is ill at ease with, or flatly contradicted by, undeniable historical facts. For example, the incredible notion of a "paganization of culture by the humanists" would have horrified somebody as profoundly Christian as Petrarch and, later on, Erasmus, who criticized the scholastics "in the name of a purer and simpler mode of piety and religious devotion" (Mazzeo 17). Or the mistaken idea that modern rationalism was much more hospitable to poetry than the old scholastic one. For from the seventeenth century on, as J. F. West has pointed out, the whole tide of [scientific] opinion was running strongly against poetry, metaphor, and poetic prose. The philosophers generally saw them as an obstacle to truth. Hobbes regarded metaphor as one of the hindrances to straight thinking. Rousseau thought that the philosophy of Descartes had 'cut the throat of poetry'; and John Locke, late in the century, openly regarded poetry as made up of 'pleasant pictures and agreeable visions in the fancy,' but basically misleading. (114) It is indeed true that in medieval scholasticism poetry occupies the lowest rank in the hierarchical structure of the arts and sciences. But it does have a place there. It would have never occurred to Thomas Aquinas, for example, to expel it from that position as something dangerous, something to be avoided. In fact, as he tells us at the beginning of the Summa Theologica, theology itself, the highest of the sciences, does not consider it below its dignity to make use of metaphor and other poetic devices propter utilitatem ac necessitatem. And yet it is precisely that kind of violent expulsion ofpoetic fiction that will be attempted during the Renaissance. In the words of Russell Fraser, "it is in the Renaissance, and not the Middle Ages that the artist is driven from the commonwealth" (39). It was then that the "war against poetry" intensified to fever pitch. It is, therefore, an error to imagine that those in the sixteenth and seventeenth centuries who bitterly attacked poetic fiction in general and the theater in particular as a very dangerous threat to religion and morality, were fanatic hold-overs from a medieval past... (shrink)

Religion is increasingly a social and political factor in post-modern societies nowadays and the question of the role of religion in the public sphere is more and more brought to the fore: a challenge to legal philosophers. Should religion be only a private affair, or should the public dimension of religion be more acknowledged? Do we have to interpret the freedom of religion and the separation of church and state in a strict (laicist) sense, or do we have to (...) allow for a more benevolent relation between religion and the state? This collection of essays explores these questions in various and new ways. (shrink)