Medieval Thomists such as the Dominican master John of Paris, on the other hand, attempted to defend Aquinas against such charges. Adopting Thomas’s notion of the passivity of the will, John nonetheless denied that such a position necessarily interferes with moral responsibility. He justified this stance on the grounds that an agent’s freedom is only violated when it is necessitated contrary to its own nature. Because the will is naturally suited to follow practical deliberation, its necessitation by the intellect leaves (...) its freedom intact. (shrink)

: This article explores the philosophical and theological context in which later medieval debates surrounding the foundations of freedom emerged. In particular, the article establishes that Aquinas's famous pupil Giles of Rome (1243/47-1316) was less indebted to St. Thomas himself on the question of human freedom than has commonly been supposed. Rather, his teachings on the will and human freedom owe more to such Franciscan thinkers as John of la Rochelle and Walter of Bruges. This interpretation challenges the received view, (...) which goes back to Henry of Ghent, and continues to be prominent in the contemporary literature. (shrink)

This article explores the philosophical and theological context in which later medieval debates surrounding the foundations of freedom emerged. In particular, the article establishes that Aquinas's famous pupil Giles of Rome (1243/47-1316) was less indebted to St. Thomas himself on the question of human freedom than has commonly been supposed. Rather, his teachings on the will and human freedom owe more to such Franciscan thinkers as John of la Rochelle and Walter of Bruges. This interpretation challenges the received view, which (...) goes back to Henry of Ghent, and continues to be prominent in the contemporary literature. (shrink)

Medieval philosophy and theology are complex fields to negotiate even for specialists, not to mention beginners. Crucial texts from important figures of the period have yet to be edited, much less translated into the modern vernacular, and philosophical and theological arguments are often so highly technical and conceptually difficult as to be inscrutable to all but the most experienced scholar. Even referencing original sources can be challenging if one does not know that to find a work by, say, Giles of (...) Rome sometimes requires searching under the heading ‘Aegidius Colonna’, Solomon Ibn Gabirol under ‘Avicebron’, and Abu al-Walid Muhammad ibn Rushd under ‘Averröes’. To specialize in the field therefore frequently requires advanced training in Latin , palaeography, and—because it is very much a trans-Atlantic discipline—a reading knowledge of the major modern European languages. Still, one must learn to walk before one can run, and this volume provides a reliable and useful guide for students seeking entry into the discipline. (shrink)

Монография предназначена для студентов, аспирантов, преподавателей юридических и философских факультетов, а также для всех тех, кто интересуется философско-правовой проблематикой.

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

This collection illustrates the centrality of skill within ancient ethics, including ancient Chinese ethics, showing how skill or techne has been a touchstone from the beginning of philosophical thought. Covering Socrates' search for expertise in virtue, the Republic's 'craft of justice', Aristotle's delineation of the politike techne and the Stoics' 'art of life'. Divided into four sections on Plato, Aristotle, the Stoics and Chinese ethics, it brings together world-leading philosophers working across this broad topic. Yet it is not limited to (...) traditional figures and traditions, featuring essays on the importance of skill in lesser-known philosophers, such as Carneades and Antipater, and texts, such as the Zhuangzi. In doing so, it illustrates how skill, expertise and 'know how' are important in ethics, epistemology, philosophy of mind, philosophy of action and cognitive science. This collection of specially-commissioned chapters is the first to foreground skill as central to Ancient and Chinese ethics specifically making it an essential for anyone interested in the value of cross-cultural philosophy today. (shrink)

Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...

This book is a Festschrift offered by twelve Catholic theologians and philosophers to the great Jewish theologian David Novak. Each of the twelve essays is followed by a response by David Novak, and it thereby represents a significant addition to his oeuvre. The book includes an introduction by Matthew Levering surveying Novak's many contributions to Jewish-Christian dialogue, as well as a transcribed conversation between Robert George and David Novak that encapsulates Novak's sense of the present situation for Jews and Christians. (...) Among the topics treated by the authors are religious engagement in a pluralist and secular culture, the question of whether Jews and Christians worship the same God, the morality of suicide, the role of divine commandments in Catholic moral theology, the question of whether classical versions of natural-law doctrine are susceptible to the critiques proffered by Novak, the pedagogical impact of Dabru Emet, religious freedom, the recent debate about Pope Pius IX and Edgardo Mortara, the nature of justice, the relationship of reason and revelation, the sanctity of human life and the death penalty, and supersessionism. (shrink)

Natural law ethics centres on the idea that ethical norms derive from human nature. The field has seen a remarkable revival since the millennium, with new work in Aristotelian metaphysics complementing innovative applied work in bioethics, economics and political theory. Starting with three chapters on the history of natural law ethics, this volume moves on to various twentieth-century theoretical innovations in the tradition, and then to natural law as embedded in the three Abrahamic faiths. It closes with sections on applied (...) natural law ethics and the challenges and prospects for natural law ethics in the twenty-first century. Uniquely interdisciplinary and written without technical jargon, the book will be of great interest to students and researchers in philosophy, theology, political theory and economics. They will find this the go-to resource for cutting-edge thinking in natural law ethics. (shrink)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural (...) law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)