A function f from ω1 to the ordinals is called a canonical function for an ordinal α if f represents α in any generic ultrapower induced by forcing with math formula. We introduce here a method for coding sets of ordinals using canonical functions from ω1 to ω1. Combining this approach with arguments from, we show, assuming the Continuum Hypothesis, that for each cardinal κ there is a forcing construction preserving cardinalities and cofinalities forcing that every subset of κ is (...) an element of the inner model math formula. (shrink)

Immerse yourself in the world of the Samurai with this classic text. Code of the Samurai is the 350-year-old summary of the rules and expectations embodied in Bushido-the ancient Japanese "Way of the Warrior." Written by Taira Shigesuke, a Samurai and prominent teacher of military techniques, it was published posthumously in 1834. This influential book was intended as a training manual for young Samurai, outlining personal and professional standards. This accessible and enjoyable translation is by Thomas Cleary, the foremost (...) translator of Asian martial classics, accompanied by the powerful line drawings of master illustrator Oscar Ratti. A new foreword by Alexander Bennett, a leading expert on Samurai history, explains the lasting importance of this classic work and its place within the canon of Japanese literature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Women Philosophers: Genre and the Boundaries of PhilosophyLorraine CodeCatherine Villanueva Gardner. Women Philosophers: Genre and the Boundaries of Philosophy. Boulder, CO: Westview, 2003. Pp. xv + 198. Paper, $22.00.In a tradition which "trains us to read purely for content" (xii), Catherine Gardner wonders how to read the philosophy of five women who write in "non-standard philosophical forms" (xiii): Mechthild of Magdeburg's poetry, Christine de Pisan's allegory, Catharine Macaulay's (...) epistolary form, and Mary Wollstonecraft's and George Eliot's fiction. Asking how these authors' gender and their works' genre bear on their exclusion from canonical philosophy with its reliance on rigorous argument unsullied by stylistic considerations, she argues that form is integral to understanding philosophy, and can impede its recognition as philosophy. Specifically, she wonders what these historical writings can offer present-day feminist ethics?Gardner's readings and her thesis about style and genre as conditions of philosophical legitimacy are provocative. She urges "reading past" forms deemed inhospitable to moral truth—such as Macaulay's epistolary style (44-45)—to encounter the author as moral philosopher, and explain her invisibility as such. Eliot's philosophy "demands the form of a novel" (123), she proposes, and Wollstonecraft's principles of style "are ultimately principles of morality as well" (92). More complex is the poetically articulated moral epistemology in Mechthild's The Flowing Light, with God, speaking through Mechthild, as its author (154-56). Because these forms—epistolary, allegorical, mystical-poetic, fictional—have been most accessible to women, Gardner urges feminists to consider how these authors' gender bears on their exclusion from moral philosophy. Owing to women's "greater capacity for emotion and... weaker capacity for reason" (155), mystics such as Mechthild were deemed well-suited to write as they did; yet works attributed to God stand immune to philosophical argument. Macaulay's thoughts on government and social reform were judged secondary to her "feminine" ones about educating women for marriage and domesticity (26-27). Gardner is persuaded and persuasive about the philosophical stature of the works she discusses. Yet if a thinker's gender denies her philosophical status, how can she bypass those exclusionary structures—even if, like Eliot, she chooses a male name? If a work's genre removes it from the sustained argumentative debate that is the hallmark of western philosophy, how can it claim a place there?There are no easy answers, but the questions spark numerous others. Perplexing is Gardner's contention that these women are ignored because they defy norms of style and method. But how would she classify Plato's dialogues, Voltaire's Candide, Pascal's and Nietzsche's aphorisms, Wittgenstein's numbered propositions,or Sartre's, Camus' (and Beauvoir's) philosophical novels, given their maverick styles? Style alone cannot effect or explain the exclusions she deplores. More puzzling are Gardner's conceptions of standard method and dominant form (e.g., 24, 120, 175), since she does not elaborate, apart from indicating that both require rigorous prose argument. But formal and methodological orthodoxy varies historically, as in the influence of scholasticism, for Christine, which receives no mention, or Gardner's ahistorical suggestion that the absence of a "normative subject as an independent, autonomous individual" (171) is a lacuna in Mechthild's work. Why would a thirteenth-century writer presuppose an Enlightenment subject? These issues demand attention in a work of historical scholarship.A different question troubles the method discussion. The author regrets certain women's exclusion from the canon despite the philosophical nature of their work, maintaining that [End Page 215] works whose styles/forms diverge from the standard count, nonetheless, as philosophy. These women demonstrate that philosophy need not be couched in formal argument: poetry, allegory, novels can also articulate philosophical theories. But—if my reading is correct—here Gardner is inconsistent. She commends the philosophy in Macaulay's Letters, claiming it "can and does contain the sort of sustained argument... uncontroversially identifiable as... philosophical" (44), and makes similar claims for Wollstonecraft and Eliot. But in legitimating these works by received standards of argument after all, Gardner weakens the force of her claims that philosophy—good philosophy—need not be presented in orthodox form, thus... (shrink)

At the 1992 Women in the History of Philosophy Conference at Cambridge, the contestability of the title "philosopher" was a major item of discussion. Historically, it seemed, women could claim the title only if there was no doubt that their work was original, where originality had everything to do with producing writings that did not "merely" derive from, comment upon, contribute to, or critique the works of male philosophers. The requirement is odd in an intellectual discipline shaped and sustained by (...) critical-constructive debate that constitutes both its history and its substance, many of whose canonical participants have directed their major efforts to corroborating, refuting, and/or extending the ideas of their semblables elsewhere or in other times. The "merely derivative" criterion is difficult to credit when it merely confirms fixed assumptions about women's place in a social order where they had no audible public voice and achieved minimal wider acknowledgement for their private utterances. For, although no simple conspiracy theory could account for women's philosophical silence, the original-versus-derivative distinction has often functioned as a double standard, recognizing many men as philosophers because of their engagement with topics that preoccupied other, already established philosophers, denying women recognition because of equivalent engagements. The injustice of these practices prompts Linda McAlister's project of collecting these eighteen articles, which span the time period from the work of Hypatia in the fourth century BC to the late-twentieth-century work of Hannah Arendt and Angela Davis. Many of the essays first appeared in Hypatia: A Journal of Feminist Philosophy, some of them are reprinted from other journals, and five appear here for the first time. In presenting detailed, engaged philosophical analyses of the work of women philosophers, the essays begin to address the belief that women, "denied the opportunity to stand on the shoulders of their foremothers", have frequently had to enter philosophical discourse through the auspices of men. They attest to the contingencies of canon formation in determining who can claim a place in the lineage of the fathers. (shrink)

In a recent paper, Kaplan (Synthese 183:339–373, 2011) takes up the task of extending Craver’s (Explaining the brain, 2007) mechanistic account of explanation in neuroscience to the new territory of computational neuroscience. He presents the model to mechanism mapping (3M) criterion as a condition for a model’s explanatory adequacy. This mechanistic approach is intended to replace earlier accounts which posited a level of computational analysis conceived as distinct and autonomous from underlying mechanistic details. In this paper I discuss work in (...) computational neuroscience that creates difficulties for the mechanist project. Carandini and Heeger (Nat Rev Neurosci 13:51–62, 2012) propose that many neural response properties can be understood in terms of canonical neural computations. These are “standard computational modules that apply the same fundamental operations in a variety of contexts.” Importantly, these computations can have numerous biophysical realisations, and so straightforward examination of the mechanisms underlying these computations carries little explanatory weight. Through a comparison between this modelling approach and minimal models in other branches of science, I argue that computational neuroscience frequently employs a distinct explanatory style, namely, efficient coding explanation. Such explanations cannot be assimilated into the mechanistic framework but do bear interesting similarities with evolutionary and optimality explanations elsewhere in biology. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans hundreds (...) of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

Le canon 812 du Code de droit canon de 1983 exige que ceux qui enseignent une discipline théologique dans une université catholique aient un mandatum de la part de l’autorité ecclésiastique compétente. Entre insistances et rappels à l’ordre romains, s’en suivirent aux Etats-Unis neuf ans de consultations, discussions et conflits qui impliquèrent évêques, présidents d’universités et théologiens. Il y a là un fait théologique et ecclésial dont les Eglises d’autres pays n’ont pas fait la même expérience. L’examen (...) des enjeux ecclésiologiques de ces péripéties constitue l’objet de ces réflexions qui représentent ainsi une sorte de lettre théologique des Etats-Unis. Pourquoi l’acuité de la question dans ce pays ? Comment comprendre le mandatum avec l’emploi du concept de communion ? Qu’est-ce que ce mandatum comme fait historique et comme institution ecclésiale ? Telles sont les questions auxquelles tente de répondre J.G. Mueller dans cet article.Canon 812 of the Code of Canon Law of 1983 requires that those who teach a theological discipline in a Catholic university have a mandatum from the competent church authority. In between Rome’s insistence and calls to order, there followed nine years of consultations, discussions, and conflicts in the United States involving bishops, university presidents, and theologians. This is a theological and ecclesial fact of which Churches in other countries have not had the same experience. An examination of the ecclesiological stakes of these vicissitudes constitutes the subject of these reflections, which represents a sort of theological letter from the United States. Why the acuity of the question in this country? How can we understand the mandatum by using the concept of communion? What is this mandatum as a historical fact and as an ecclesiastical institution? Such are the questions that J.G. Mueller attempts to answer in this article. (shrink)

Ekpo, Anthony The Code of Canon Law is intended to be a canonical reception of the ecclesial and theological insights of the Second Vatican Council. In other words, the Code puts into canonical terms the ecclesial and theological discoveries and rediscoveries of Vatican II. In doing that, the Code also inherited and appropriated the terminological, theological, intratextual and intertextual difficulties evident in the final texts of Vatican II, which were left to theologians to interpret and synthesise (...) in the ongoing reception of the council's theology. Triplex munus is one such difficulty that made its way into the text of the Code. The Latin triplex munus or tria munera is a phrase or rubric used retrospectively by theologians to refer to the priestly, prophetic and kingly offices of the post-resurrection Jesus. This trilogy constitutes the overarching framework of the conciliar documents, particularly Lumen Gentium. This rubric is also one of the most influential structural principles underlying the ecclesiology and theology of the Code, even if it is applied somewhat inadequately in a certain sense. (shrink)

Major codes adopted by newspapers in recent years show marked similarities to the statements of purpose found in the first (and only) issue of Benjamin Harris? Public Occurrences Both Forreign and Domestick, published in Boston in 1690. This essay compares the front page statement by Harris with seven other statements about the role or responsibility of the press: The Associated Press Managing Editors Association ?Code of Ethics for Newspapers and their Staffs''; the 1947 report of the Commission on Freedom (...) of the Press; the American Society of Newspaper Editors 1923 Canons of Journalism and 1975 Statement of Principles; the Society of Professional Journalists, Sigma Delta Chi Code of Ethics; a memorandum to the staff of The New York Times by A.M. Rosenthal when he became managing editor in 1969; and an article by former Knight?Ridder executive Don Carter. Recurring themes include an emphasis on gathering and reporting news with accuracy, objectivity, truthfulness, and completeness. In addition, Harris led the way with his promises to correct errors when they occur and to allay false rumors and replace them with substantive information. Harris? stated goals, according to this essay, would sit quite comfortably on many American newspaper editorial pages today. (shrink)

Recent experimental evidence suggests that most of the genome is transcribed into non‐coding RNAs. The initial transcripts undergo further processing generating shorter, metabolically stable RNAs with diverse functions. Small nucleolar RNAs (snoRNAs) are non‐coding RNAs that modify rRNAs, tRNAs, and snRNAs that were considered stable. We review evidence that snoRNAs undergo further processing. High‐throughput sequencing and RNase protection experiments showed widespread expression of snoRNA fragments, known as snoRNA‐derived RNAs (sdRNAs). Some sdRNAs resemble miRNAs, these can associate with argonaute proteins and (...) influence translation. Other sdRNAs are longer, form complexes with hnRNPs and influence gene expression. C/D box snoRNA fragmentation patterns are conserved across multiple cell types, suggesting a processing event, rather than degradation. The loss of expression from genetic loci that generate canonical snoRNAs and processed snoRNAs results in diseases, such as Prader‐Willi Syndrome, indicating possible physiological roles for processed snoRNAs. We propose that processed snoRNAs acquire new roles in gene expression and represent a new class of regulatory RNAs distinct from canonical snoRNAs.Also watch the Video Abstract. (shrink)

With a category system drawn from the ethical elements listed in the American Society of Newspaper Editors' (ASNE) Canons of Journalism, this analysis examines Editor & Publisher's discussion and debate of the problems of journalism on its editorial page in the more than 20 years leading up to ASNE's adoption in 1923 of the first nationwide code of ethics for the newspaper industry. This study confirmed the presumption that the code was a culmination of an ongoing and historical (...) conversation about the normative standards of journalism in the newspaper industry's primary trade journal. It showed that Editor & Publisher raised every one of the ethical issues and problems of journalism outlined in the Canons, to include responsibility of the press, truthfulness and accuracy, partisanship, independence, freedom of the press, propaganda, and sensationalism. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Origins of Buddhist Monastic Codes in China: An Annotated Translation and Study of the Chanyuan QingguiMario PoceskiThe Origins of Buddhist Monastic Codes in China: An Annotated Translation and Study of the Chanyuan Qinggui. By Yifa. Kuroda Institute, Classics in East Asian Buddhism. Honolulu: University of Hawai'i Press, 2002. Pp. xxiii + 352.Despite the central place of monasticism in the historical development of Chinese Buddhism, studies on the (...) topic, with some prominent exceptions, are not as developed as other aspects of Chinese Buddhist history. Rev. Yifa's excellent book on the Chinese Buddhist monastic codes, The Origins of Buddhist Monastic Codes in China: An Annotated Translation and Study of the Chanyuan Qinggui, goes a long way toward rectifying this situation. This book provides a wealth of information on the production of texts about monastic discipline and the institutional history of Chinese Buddhism, as well as a reliable translation of the Chanyuan qinggui (Rules of purity for Chan monasteries), compiled in 1103, the oldest comprehensive monastic code produced by the Chan school. As someone with a background in both the religious and academic worlds, Yifa (an abbess in the Foguang Shan order with a Ph.D. from Yale), brings to the subject a high level of scholarship and keen sensitivity to the intricacies of monastic life and institutions. As an end product of her comprehensive research into monastic literature and other pertinent sources, this book (based on her 1996 Ph.D. dissertation) makes an important contribution to Buddhist studies by helping to illuminate the institutional history of Chinese [End Page 499] Buddhism up to the Song period (960-1279), thereby reshaping our understanding of the evolution of monasticism in China and the place of the Chan school in that protracted process.The first part of the book is a historical overview of the development of monastic regulations during roughly the first millennium of Chinese Buddhist history. This provides a broad context for understanding the emergence, contents, and functions of Chan monastic codes such as the Chanyuan qinggui. The first half of chapter 1 surveys the history of Chinese engagements with the Vinaya (the canonical code of monastic discipline) and the growth of associated textual production, which included translations of and commentaries on the Vinayas of various schools of Indian Buddhism and the creation of related works by Chinese monks. The Chinese texts include monastic codes and instruction manuals created by noted monks such as Daoan (312-385), Huiyuan (334-416), and Zhiyi (538-597). Such texts were meant to supplement the Vinaya and provide sets of regulations and guidelines for a range of issues and procedures relevant to the pursuit of monastic life in medieval China.The second half of the chapter contextualizes the Chan school's involvement in the production of monastic legislation, first by commenting on the legend concerning Baizhang Huaihai's (749-814) creation of the first Chan monastic code (see below), which, according to tradition, signaled the Chan school's move toward institutional independence, and then by surveying the subsequent legacy and influence of the Chanyuan qinggui in China and Japan (but not Korea).The second chapter discuses major influences that shaped the monastic rules and practices codified in the Chanyuan qinggui. The first key area of influence was the Vinaya texts and traditions. The author shows how many of the rules included in the Chan code can be traced back to Indian precedents, especially Vinaya rules. Accordingly, the Chan regulations often represented the continuation of received traditions rather than original developments unique to the Chan school. The second key area was the influence of Chinese culture, which included the various strategies used by the imperial state to exert control over the monastic order, and a plethora of Chinese ritual practices and patterns of social interaction that the author lumps under the category of "Confucian ritual" (a broad characterization that perhaps should be reconsidered). This is arguably the most creative part of the book. Yifa's careful analysis does an excellent job of placing the emergence of Chan monastic codes in relation to the relevant religious and historical milieus. Doing this undermines normative/traditional views about Chan's uniqueness and independence, instead... (shrink)

For over 80 years, the National Society of Professional Engineers (NSPE) has been a leader in the promotion of ethical practice within the field of engineering. One of the Society's greatest contributions is the formation and adoption of the NSPE Code of Ethics. But the code, with its six "Fundamental Canons," is only truly instructive if engineers can bridge the gap between principles and action. Here there is no substitute for personal reflection on the ethical and philosophical issues (...) that underlie the code. If done well, such reflection provides an indispensable basis for moral problem solving. Beyond the Code: A Philosophical Guide to Engineering Ethics is designed to complement the NSPE Code of Ethics by helping readers "go beyond" in their understanding of the philosophical issues bound up in the code. Each chapter addresses one of the Fundamental Canons of the NSPE code, and provides a philosophical analysis of the various parts of each canon by employing contemporary and classical texts. This unique approach to engineering ethics guides students and professionals in their readings of the appended selections to refine their understanding of the code in order to apply it to the practical challenges of today's engineers. Key Features: Is the first introduction to engineering ethics that helps students understand and apply the NSPE Code of Ethics to engineering practice Includes a Preface from Arthur E. Schwartz, NSPE Deputy Executive Directorand General Counsel, and NAFE Executive Director As a hybrid text, includes primary philosophical texts with extensiveintroductions and guided reading questionsfrom the book's three authors Offers case studies from the NSPE Board of Ethical Review, allowing students to see a direct connection between the issues discussed in the text and real-world engineering practice Includes the following pedagogical aids: "Key Terms and Concepts" for each chapter "Preparing to Read" sections before each primary source reading "Guided Reading Questions" after each primary source reading "Going Beyond--Our Questions for a Deep Dive" after each case study. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Establishment Hypothesis:Toward a More Integrated Theology of Holy OrdersDominic CerratoPreliminary ConsiderationsUnderstanding the ProblemThough the Sacrament of Holy Orders is a single sacrament consisting of three degrees, throughout its theological development, much of the focus has been on that of the priesthood. By priesthood I mean the two degrees that are sacerdotal in nature, the episcopate and the presbyterate. Given the growing understanding of the Eucharist in the Tradition, (...) and its intrinsic connection to the priesthood as its exclusive agent, this sacerdotal emphasis was a natural and organic development.1 Nonetheless, while revealing much, this sacerdocentrism, along with the adoption of the cursus honorum,2 had the unintended effect of obscuring the third level of the hierarchy, the diaconate.3 While the diaconate as an ancient order (Acts 6:1–6) would eventually be numbered among the major orders, being ordained non ad sacerdotium sed ad ministerium episcopi4 meant that deacons were not, in the same sense, related to the Eucharist as were priests. Consequently, much of [End Page 1275] what passed for diaconal theology is its liturgical role and charitable work among the poor. As observed by the Benedictine theologian Dom Augustinus Kerkvoorde just prior to the restoration of the diaconate, "there is, as far as we know, no independent theology of the diaconate. The number of authors and works should not delude us. None of them deals with the diaconate exclusively, say, to help deacons correctly understand and exercise their function in the Church."5 He goes on to characterize diaconal theology as fragments strewn throughout the various writings on orders in general, the priesthood, and the sacraments.6As later noted by the 2002 International Theological Commission on the Diaconate, this lack can be clearly observed in both the conciliar and post-conciliar documents on the diaconate. Of these, the commission wrote, "with reference to the pastoral priorities and in what concerns objective doctrinal difficulties, the Council texts show diversity of theological nuances which it is quite hard to harmonize."7 In a similar manner, with regard to the 1983 revision of the Code of Canon Law, the American canonist James Provost commented that there is:still no coherent treatment of the permanent deacons as a "proper and permanent rank in the hierarchy" comparable to the treatment given presbyters and bishops in the code; rather they are treated as exceptions to the norms for presbyters.8As a result, both before and after the Second Vatican Council, theological consideration of Holy Orders focused almost exclusively on the episcopate and presbyterate.9The recognition of a deficient theological development in the diaconate does not mean that there has been no progress over the centuries. There are, as Kerkvoorde observes, fragments throughout the Tradition up to and beyond the Vatican II. Moreover, there are some who have proposed new [End Page 1276] ways of envisioning the diaconate grounded in these very same fragments.10 While these have advanced our understanding of the diaconate as an order, missing is precisely how the three degrees relate to one another and how this unity is grounded.As the Catechism of the Catholic Church (CCC) points out, Holy Orders is a single sacrament consisting of three degrees. If one degree, say the diaconate, is theologically impoverished, then the unity of Holy Orders suffers from this same deficiency. Put another way, the triune nature of this sacrament means that its unity is dependent upon the three degrees and their relationship to one another. Commenting on this dependency, the English Dominican scholar Aidan Nichols observes: "The priesthood cannot be approached in isolation from the episcopate and the diaconate."11 To better illustrate the relationship of the three degrees to the intelligibility of Holy Orders, he goes on to observe:To the ordinary Catholic Christian, the priesthood is the order with which he or she is most familiar, and understandably so.... In this sense, it is the central image of the triptych: yet the central panel cannot be appreciated without those which flank it. We need the whole picture. 12The image of the triptych to describe the unity and diversity of Holy Orders is quite useful. As a work... (shrink)

This article presents a sociological analysis of the changing role of women in the Catholic church over the past twenty years. The theoretical framework is drawn from The Social Construction of Reality by Peter Berger and Thomas Luckmann. Data are derived from the documents of Vatican II, the revised Code of Canon Law, research from 1965 to the present, and exploratory interviews with Catholic women recently appointed as church administrators. The article concludes with a discussion of future prospects (...) regarding the new social reality for Catholic women. (shrink)

Hunt, Anne The 1917 Code of Canon Law had only two general canons on the laity. It made a clear demarcation between the clergy and the laity. The clergy always have precedence over the laity. The laity cannot perform any act of jurisdiction or order. The Code reflects the ecclesiology of the post-Tridentine church, famously expressed by Pope Pius X who, in 1906, described the church as essentially an unequal society. That ecclesiology assumes a pyramidal model of (...) church. The apostolate of the church is basically that of the hierarchy. Ministries pertain to the ordained. Custodianship of revelation resides with the hierarchy. Lay people effectively have the status of dependent children: it is for them to submit to and receive from the hierarchy. The theology of the church's mission was also limited, with the work of evangelization considered to be that of missionaries and basically directed outside the church. The laity, it seemed, had no mission. While necessarily reflecting the ecclesiological and historical circumstances of its era, it was nevertheless a deficient ecclesiology in a number of ways. Even the language to describe the unordained faithful remained undeveloped with the term 'lay' in common parlance connoting the inexpert and unqualified in contrast to those with professional competence and authority, and as such inadequate to the ecclesial reality of the laity. (shrink)

The apparent tension between the moral codes of the Old and New Testaments constitutes a perennial problem for Christian ethics. Scholars who have taken this problem seriously have often done so in ways that presume sharp discontinuity between the Testaments. They then proceed to devise a system for identifying what is or is not relevant today, or what pertains to this or that particular social sphere. John Howard Yoder brings fresh perspectives to this perennial problem by refuting the presumption of (...) intratestamental discontinuity. Throughout multiple scattered works on the Old Testament, Yoder offers a coherent and provocative narration that culminates in the way of Christ and establishes the ethical continuity of the entire biblical canon. This essay presents the basic parameters of Yoder's Old Testament narration, suggests points where revision is needed, and highlights several implications for social ethics. (shrink)

Business ethics should not just be a corporate code, but be implemented in the line of business as a corporate philosophy. As anexample of the above, I would like to present corporate activities of Canon, Inc. based on the “Kyosei” Initiative which I directed, especially its global development. I would like to show that these activities are ahead of the times and result in great prosperity of a corporation, and to tell my dream to increase corporations which take (...) the same types of actions based on the “Kyosei” Initiative. (shrink)

Spatial aspects of words are associated with their canonical locations in the real world. Yet little research has tested whether spatial associations denoted in language comprehension generalize to their corresponding images. We directly tested the spatial aspects of mental imagery in picture and word processing (Experiment 1). We also tested whether spatial representations of motion words produce similar perceptual-interference effects as demonstrated by object words (Experiment 2). Findings revealed that words denoting an upward spatial location produced slower responses to targets (...) appearing at the top of the display, whereas words denoting a downward spatial location produced slower responses to targets appearing at the bottom of the display. Perceptual-interference effects did not obtain for pictures or for words lacking a spatial relation. These findings provide greater empirical support for the perceptual-symbols system theory (Barsalou, 1999, 2008). (shrink)

Elimination of imaginaries for 1-variable definable equivalence relations is proved for a theory of algebraically closed valued fields with new sorts for the disc spaces. The proof is constructive, and is based upon a new framework for proving elimination of imaginaries, in terms of prototypes which form a canonical family of formulas for defining each set that is definable with parameters. The proof also depends upon the formal development of the tree-like structure of valued fields, in terms of valued trees, (...) and a decomposition of valued trees which is used in the coding of certain sets of discs. (shrink)

In turning to the language of freedom, I am not automatically freed from the dangers of reduction and self-privileging. "Freedom" as a term is at least as ambiguous as "power" . When I say that for me all questions about the politics of interpretation begin with the question of freedom, I can either be saying a mouthful or saying nothing at all, depending on whether I am willing to complicate my key term, "freedom," by relating it to the language of (...) power. The best way to do that is to get power in from the beginning, by making a distinction taken for granted by many earlier thinkers and too often ignored today: freedom from as contrasted with freedom to; freedom from external restraints and the power of others to inhibit our actions, and freedom to act effectively when restraints disappear.All the freedom from in the world will not free me to make an intellectual discovery or to point a picture unless I have somehow freed myself to perform certain tasks. Such freedoms are gained only by those who surrender to disciplines and codes invented by others, giving up certain freedoms from. Nobody forbids by interpreting the original text of Confucius' Analects or the Principia Mathematica, yet I am not free to do so, lacking the disciplines—having not been disciplined—to do so. The distinction can lead to troublesome complexities, but in its simple form here it cuts through some of the problems that arise in power language.Every critical revolution tends to speak more clearly about what it is against than about what it seeks. The historicists against impressionism, the New Critics against historicism, the new new critics against intentionalism and the authority of canons, the feminists against misogynous art and criticism–clearly one could write a history of modern criticism as a glorious casting off of errors. But it is rightly a commonplace among intellectual historians that all revolutionaries depend on their past far more than they know. Revolutionary critics are enslaved by a nasty law of nature: I can say only what I can say, and that will be largely what I have learned to say from the kings I would depose.Everyone who tries to forge any kind of ideological criticism must struggle with these complexities. Nobody ever knows just what powers have been rejected and what voices heard. But at the moment it seems clear that what follows here, both in its emerging clarities and remaining confusions, results from my somewhat surprised surrender to voices previously alien to me: the "Mikhail Bakhtin" who speaks to me, muffled by my ignorance of Russian, and the feminist criticism" that in its vigor and diversity and challenge to canonic views has—belatedly, belatedly—forced me to begin listening.Wayne C. Booth's most recent work, Critical Understanding: The Powers and Limits of Pluralism, won the Laing Prize in 1982. He is working on a book about ethical and political criticism of narrative. A new edition of The Rhetoric of Fiction will appear in 1983. (shrink)

Buck, Therese This article explores some of the factors that led to Vatican II's teaching that marriage is a covenant [foedus] in Gaudium et spes when, in the 1917 Code of Canon Law marriage is referred to as a contract [contractus]. As a background to the developments in Gaudium et spes, I will first outline the teaching on marriage in the 1917 Code and in Pius XI's 1930 encyclical Casti connubii. This will be followed by the inclusion (...) of marriage as covenant in Gaudium et spes and finally, this article will consider the significance of the concept of marriage covenant in continuity with tradition and developments since Vatican II in the theology of marriage. (shrink)

The purpose of this article is to demonstrate the limitation that the Latin language represents in the Code of Canon Law. In fact, the opinion advocated in the present text is that a modern tongue, like English, an international means of communication, could be more proper for the Code, since, nowadays few persons know Latin, even among the experts, and the Code is addressed to the entire people of God (lay and clergy), being the juridical instrument (...) to put into practice the Vatican II. (shrink)

Much of the focus on business ethics literature is on complex questions of corporate social responsibility. Yet, the heart of business ethics consists in a set of fundamental moral principles that are inherent in the activity of doing business in a market. These principles transcend differences in nationality, culture, and religion and supply the building blocks on which the more complex analyses can be based. This set of principles, which constitute the core of business ethics, provides business people with a (...) code of conduct that is the analog of attorneys’ Canon of Ethics and physicians’ Code of Medical Ethics. (shrink)

The situation of mixed marriages is presented today in a whole new way. That’s because in recent decades relations between the churches have changed so revolutionarily. The always greater contact between its members provide more and more occasions for these marriages to happen. Aware of this situation the churches sought throughout history solutions in order to solve this problem. Before they closed in their own communities and sought to prevent or prohibit such marriages to happen. So it is true that (...) the code of Canon Law of 1917 showed total distrust in these marriages. But social, economic changes and the new urban settings caused these barriers to be broken. Thus, the greater contact between people became inevitable and allowed an increase in the number of these marriages. As a result the standards about mixed marriages have become more flexible. Besides, marriage is natural right of all. In the Catholic Church this flexibility made itself specifically from the Second Vatican Council, which recognized the value of the other communities in the mystery of salvation. The conclusions of the Council had its influence felt on the promulgation of the 1983 code. However, the Church continues advising against mixed marriages. This is because they still offer danger to the faith of the couple, to the education of the children and to own holiness that the experience of marriage requires. But for couples who have lived in this marriage she seeks to safeguard by its own unit. (shrink)

To become a unifying theory of brain function, predictive processing must accommodate its rich representational diversity. Gilead et al. claim such diversity requires a multi-process theory, and thus is out of reach for PP, which postulates a universal canonical computation. We contend this argument and instead propose that PP fails to account for the experiential level of representations.

À la suite de Vatican 1 et du Code de droit Canon de 1917, Vatican Il traite de l'institution conciliaire dans le cadre de l'ecclésiologie et la comprend comme expression de la collégialité des évêques et de leur fonction de « docteurs et de juges en matière de foi et de moeurs ». Tandis que certains réduisent - avec le Code de 1983 - l'institution conciliaire à une modalité parmi d'autres de cette collégialité, d'autres affirment que le (...) concile fait partie de la structure de l'Eglise, celle-ci étant par essence conciliaire. Pour prendre position dans ce débat, Christoph Theobald propose une périodisation théologique de l'histoire des conciles oecuméniques et du développement de la conscience herméneutique, qui s'y manifeste. La mondialisation de l'Eglise, son pluralisme culturel interne et l'avancée du débat oecuménique nécessitent aujourd'hui que le principe de l'institution conciliaire soit situé non pas dans l'ecclésiologie mais dans le processus de la Paradosis évangélique, composé indissolublement de tradentes et d'un traditum. Dans une situation qui exige la créativité herméneutique de tous, la conciliarité devient le lieu, dans l'économie de la Révélation, où celle-ci existe historiquement en son actualité : victoire mystérieuse, jamais acquise définitivement, sur une dissémination toujours possible qui la ferait sortir de son élément eschatologique.Following in the footsteps of Vatican I and the 1917 Code of Canon Law, Vatican II deals with the conciliar institution in the framework of ecclesiology and understands this institution as an expression of the bishops' collegiality and their function as "doctors and judges in matters of faith and morals". While some, in line with the 1983 Code, reduce the conciliar institution to just one of the modalities of this collegiality, others assert that the institution of the council belongs to the very structure of the Church, who is by essence conciliar. Christoph Theobald's position in this debate rests on a theological periodization of the history of the ecumenical councils and the development of the hermeneutical awareness they manifest. Today, the Church's globalization, her internal cultural pluralism, and the advancement of the ecumenical debate necessitate that the principle of the conciliar institution be situated not in ecclesiology, but in the process of the gospel's paradosis, inseverably composed of the tradentes and the traditum. In a situation that requires an overall hermeneutical creativity, conciliarity becomes the locus of the economy of the Revelation where the Revelation actually exists historically: a mysterious, never definitively acquired victory over the ever possible dissemination which would deprive it of its eschatological aspect. (shrink)

In 1964 the Second Vatican Council allowed intercommunion ‘sometimes’ as a means of grace. The directory of 1967 stated that an Anglican or Protestant must have no access to a minister of their own communion. In 1972 it was further enacted that this must be ‘for a prolonged period’. This allowed Anglicans, for example, to get communion in France but not in England. An adequate spiritual reason was ‘a need for a deeper involvement in the mystery of the church and (...) its unity’. In 1980 at the Synod of bishops, cardinal Willebrands asked that this condition be removed as it had little connection with the doctrine of the eucharist. The 1983 code of Canon Law omitted the words ‘for a prolonged period’. The Encyclical Ut Unum sint of 1995 omitted all reference to ‘no access’. This abolishes the condition completely leaving a new legal situation with many implications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Fate of Eloquence in the Age of HumeVicki J. SappThe Fate of Eloquence in the Age of Hume, by Adam Potkay; xii & 253 pp. Ithaca: Cornell University Press, 1994, $36.95.With the memory still fresh of Jerome Christensen’s Practicing Enlightenment, I experienced no small anxiety on reading Adam Potkay’s first acknowledgment, to Prof. Christensen and his “provocative seminar” on Hume. I finished a third of The Fate (...) of Eloquence in the Age of Hume before the overt nod, when Potkay spotlights the essayist Hume’s appeal to a female readership: “Within this doux commerce, the figures of classical eloquence are entirely too priapic—too ‘swelling... monstrous and gigantic’—to be admitted” (p. 75). However, Hume’s self-castration wound is mercifully left unprobed, and the priapus doesn’t come up again until Potkay’s own prosopopoeia, “ancient eloquence’s priapic energy” (p. 158). Although he follows Christensen’s equation of polite letters with effeminacy, Potkay treats gender more materially than metaphorically. Although attending to his poststructuralist debts with such observations as “Hume, the unmoved mover, observes the spiritual implosion of one whose passions cannot, like his own, be alleviated through voyeurism” (p. 125), Potkay ultimately fulfills his promise to draw his insights from “a history of eighteenth-century reading and reception” (p. 22). In a clear prose he conveys his focused argument, about “the fate of eloquence” in the modern [End Page 244] reconfiguration of society, through a variety of illustrations; as a result, the book has broad appeal to readers interested in literary contexts of rhetoric, gender, and culture.Situating Hume as the center of shared interest and assumption, Potkay defines an “Age of Hume,” a constellation of writers responding to and producing a tension between an ideal of classical eloquence and modern codes of politeness. Boldly establishing this tension “as the characteristic theme of the era,” Potkay makes a compelling case for politeness as the primary means of class stratification for emergent capitalist society. (Paul Fussell has also applied an eighteenth-century literary mind to contemporary sociology in his Class: A Guide Through the American Status System.) In his epilogue, Potkay brings his thesis home, to the ironies of academic publishing elitism and the “peculiarly American commitment to civic equality.”Several ruling assumptions guide Potkay’s treatment of the eloquence/politeness dualism. Reading high-canon writers and moral philosophers, Potkay defines eighteenth-century Britain as an age “that does not want its passions inflamed” and suspects eloquence of aiming to seduce the masses with rhetorical figures and physical gesture. Equated with popular government, eloquence threatens to manipulate “our untutored responses”—passions unmediated by moral and social education—within an exclusively “masculine” political economy. Echoing Christensen, Potkay finds “a characteristic irony” of the new “sentimental commerce” in the “polite restraint of the sexual passions that covertly fuel it” (p. 147). Writers must adapt to the paradigm shift of a new commercial and literary economy which included a sentimental ideal of woman as social sovereign—a model of polite literacy and civility which Hume described in his initial piece, “Of Essay Writing.”Potkay diffuses his gender-based thesis over a broad political and philosophical perspective. Politeness redressed the conflict between masculine populism (Bolingbroke) and effeminate luxury (Walpole) and “served to compensate for virtue lost through commercial progress” (p. 194). Potkay points out the ultimately political association of eloquence with vulgarity: savages, children, and the insane speak a language “thought to abound in figures”—a convenient habit in those whom a ruling class would exclude from “mature, rational discourse” (p. 68). (Here, Potkay elides the more complex “woman” from the above marginalia, for immediate reasons of either obviousness or neatness.)On the philosophical front Hume variously affirmed and problematized a “topos of eloquence as error.” Treatise-lovers may regret that he simmered this passionately figurative text down into the duller and drier Enquiries in order to fulfill a polite—and commercial—demand for the replacement of oral with written culture, of emotional gesticulation with “rationality, abstraction, logic” (p. 63). Potkay’s arguments suggest a ruling irony in this paradigm-shift: the association of eloquence (masculine) with emotionalism and politeness (feminine) with rationality and... (shrink)

The universal homogeneous triangle-free graph, constructed by Henson [A family of countable homogeneous graphs, Pacific J. Math.38(1) (1971) 69–83] and denoted H3, is the triangle-free analogue of the Rado graph. While the Ramsey theory of the Rado graph has been completely established, beginning with Erdős–Hajnal–Posá [Strong embeddings of graphs into coloured graphs, in Infinite and Finite Sets. Vol.I, eds. A. Hajnal, R. Rado and V. Sós, Colloquia Mathematica Societatis János Bolyai, Vol. 10 (North-Holland, 1973), pp. 585–595] and culminating in work (...) of Sauer [Coloring subgraphs of the Rado graph, Combinatorica26(2) (2006) 231–253] and Laflamme–Sauer–Vuksanovic [Canonical partitions of universal structures, Combinatorica26(2) (2006) 183–205], the Ramsey theory of H3 had only progressed to bounds for vertex colorings [P. Komjáth and V. Rödl, Coloring of universal graphs, Graphs Combin.2(1) (1986) 55–60] and edge colorings [N. Sauer, Edge partitions of the countable triangle free homogenous graph, Discrete Math.185(1–3) (1998) 137–181]. This was due to a lack of broadscale techniques. We solve this problem in general: For each finite triangle-free graph G, there is a finite number T(G) such that for any coloring of all copies of G in H3 into finitely many colors, there is a subgraph of H3 which is again universal homogeneous triangle-free in which the coloring takes no more than T(G) colors. This is the first such result for a homogeneous structure omitting copies of some nontrivial finite structure. The proof entails developments of new broadscale techniques, including a flexible method for constructing trees which code H3 and the development of their Ramsey theory. (shrink)

By discussing Bonduca (1611) a a Jacobean tragi-comedy in the Francis Beaumont and John Fletcher canon, generally judged by scholars to be the work ofthe second one alone, this paper looks into the tragic story of Queen Boadicea, as rewritten in fiction. The cultural and semiotic codes that Bonduca represents are examined in the context of imperialism. The paper explores the conflict between the Romans and the colonized Iceni tribe and discusses the legitimization of colonization in the light of (...) historical records alongside fictional accounts. The paper shows how the Boudican Revolt can be seen as part of the disempowerment of Brittany. The study serves as an example of the need for a complex multi-dimensional framework for the comparative study of literatures and cultures. (shrink)

David Lewis (1969) introduced sender-receiver games as a way of investigating how meaningful language might evolve from initially random signals. In this report I investigate the conditions under which Lewis signaling games evolve to perfect signaling systems under various learning dynamics. While the 2-state/2- term Lewis signaling game with basic urn learning always approaches a signaling system, I will show that with more than two states suboptimal pooling equilibria can evolve. Inhomogeneous state distributions increase the likelihood of pooling equilibria, but (...) learning strategies with negative reinforcement or certain sorts of mutation can decrease the likelihood of, and even eliminate, pooling equilibria. Both Moran and APR learning strategies (Bereby-Meyer and Erev 1998) are shown to promote successful convergence to signaling systems. A model is presented that illustrates how a language that codes state-act pairs in an order-based grammar might evolve in the context of a Lewis signaling game. The terms, grammar, and the corresponding partitions of the state space co-evolve to generate a language whose structure appears to reflect canonical natural kinds. The evolution of these apparent natural kinds, however, is entirely in service of the rewards that accompany successful distinctions between the sender and receiver. Any metaphysics grounded on the structure of a natural language that evolved in this way would track arbitrary, but pragmatically useful distinctions. (shrink)

It has been claimed that Indian Buddhism, as opposed to East Asian Chan/Zen traditions, was somehow against humour. In this paper I contend that humour is discernible in canonical Indian Buddhist texts, particularly in Indian Buddhist monastic law codes (Vinaya). I will attempt to establish that what we find in these texts sometimes is not only humourous but that it is intentionally so. I approach this topic by comparing different versions of the same narratives preserved in Indian Buddhist monastic law (...) codes. (shrink)

The chromatin‐regulatory principles of histone post‐translational modifications (PTMs) are discussed with a focus on the potential alterations in chromatin functional state due to steric and mechanical constraints imposed by bulky histone modifications such as ubiquitin and SUMO. In the classical view, PTMs operate as recruitment platforms for histone “readers,” and as determinants of chromatin array compaction. Alterations of histone charges by “small” chemical modifications (e.g., acetylation, phosphorylation) could regulate nucleosome spontaneous dynamics without globally affecting nucleosome structure. These fluctuations in nucleosome (...) wrapping can be exploited by chromatin‐processing machinery. In contrast, ubiquitin and SUMO are comparable in size to histones, and it seems logical that these PTMs could conflict with canonical nucleosome organization. An experimentally testable hypothesis that by adding sterical bulk these PTMs can robustly alter nucleosome primary structure is proposed. The model presented here stresses the diversity of mechanisms by which histone PTMs regulate chromatin dynamics, primary structure and, hence, functionality. (shrink)

Explaining the emergence of life is perhaps central and the most challenging question in modern science. Within this area of research, the emergence and evolution of the genetic code is supposed to be a critical transition in the evolution of modern organisms. The canonical genetic code is one of the most dominant aspects of life on this planet, and thus studying its origin is critical to understanding the evolution of life, including life’s emergence. In this sense it is (...) possible to view the ribosome as a digital-to-analogue information converter. Why the translation apparatus evolved, is one of the enduring mysteries of molecular biology. Assuming the hypothesis that during the emergence of life evolution had to first involve autocatalytic systems, which only subsequently acquired the capacity of genetic heredity, in the present article we discuss some aspects and causes of the possible emergence of digital, discrete information arising from analogue information realized in the intra- and inter-molecular interactions throughout molecular evolution. How such reverse translation was achieved at a molecular level is still unclear. The results of such debates and investigations might shift current biological paradigms and might also have a momentous significance for modern philosophy in understanding our place in the universe. (shrink)

The Computational History of Philosophy of Science Dataset aims to be a comprehensive set of article and book chapter metadata for philosophy of science. The dataset covers the full run of over 40 journals and 3 major book series in the field. An automated author disambiguation script is used to construct canonical names for each author, and a combination of gender attribution methods is used to attribute the gender of each author. The full code used to generate the dataset (...) is available at [URL not allowed]. See the file data_dictionary.txt for data dictionary and additional information. (shrink)

The article proposes a re-examination of the role and position of the so-called “Disney villains” within the narrative framework of animated films and popular culture as a whole. In the first part, the historical evolution in the representation of these villains will be explored according to the practice of “queer coding,” which involves attributing stereotypically queer traits to them without explicitly stating their gender and sexual identity. It will be observed how their non-conforming gender and sexuality, used to mark their (...) moral deviance, challenge and defy dominant gender and narrative norms. It is precisely through their queer performance and camp aesthetic that “evil stepmothers,” “sissy-villains,” and “drag-queen-like” sea witches can emancipate themselves from their traditional roles as antagonists (narrative level) and as social outcasts (discursive level) to seize the spotlight through the screen (manifest surface). This study combines tools of Greimasian text analysis, including the canonical narrative schema and the generative trajectory of meaning, with Lotman’s theory and notion of “semiosphere,” to investigate the centrality and criticality of these “quillains” within the heteronormative narrative framework and the broader cultural context. To capture (or being captured by) the queer aspect of these characters and their stories, the invitation is to look at their visage not as a coded symbol of an underlying identity and truth, but as an image that exceeds any defined meaning thanks to its iconic power. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the rite (...) of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:In Search of the ClassicEdward E. FosterIn Search of the Classic, by Steven Shankman; xvi & 331 pp. University Park: Pennsylvania State University Press, 1995, $55.00 cloth, $18.95 paper.“In search of” in the title of a book is often a code warning of lukewarm conviction or academic disingenuousness. In Shankman’s title, however, the phrase is literally appropriate because he forthrightly argues that the classic is, of its (...) nature, something that always exists in quest and tension. The classic is not to be located merely in classical antiquity or in the tastes of a privileged class. Though Shankman grants that these often are associated with the literary classic, he finds the nature of the classic rather in the nature of literature as a state of metaxis or “in-betweenness.” His examinations of classical, neo-classical, and modern works define various aspects of this “in-betweenness,” the state of tension that exists in the truly classic at any point in the history of literature.Although Shankman dismisses Derrida, Foucault, de Man, and others for having mistaken their own destruction of Enlightenment rationalism for a demonstration that rationality is impossible, he is not wildly original. He uses Habermas’s notion of classic literature as enduring and independent of time and Vogelin’s concept of metaxis as foundational for his sprawling, yet lucid, inquiry into the idea of the classic in Homer, Plato, Aristotle, Pindar, Virgil, Dryden, Defoe, Swift, Valery, and others, and in the traditions of the epic, ode, pastoral, and lyric.Fundamental is the view that classic literature has the greatest power to represent human experience. To avoid the hermeneutical conundrum of the subject-object dilemma, Shankman asserts literature to be in “a middle place” from Plato and Aristotle on. He sees a basic agreement between them on how literature stands between the One and the Many. Put negatively, literature is not sparks from the One or compilations of the Many. Rather it is a mediator between these polarities: classic literature accommodates the propositional purity of philosophy to the indeterminacy of thing-reality. Literature is neither an abstract kernelization of truth nor an anthology of the things of experience [End Page 256] but an analogical conjunction of the two extremes—therefore tension, therefore continual quest.Using Plato, especially the Cratylus and the Symposium, and Aristotle, especially the Metaphysics and the Poetics, Shankman describes a rationality that exists in literature that is clearly identified in his chapter on Swift’s Gulliver’s Travels by emphasizing the idea of man as an animal capax rationis. This in itself places man’s literary enterprise in a middle place and Shankman explores its various implications in a variety of works. From this perspective, it is argued that literature must be about something that matters; that pure poetry or reflexive poetry cannot achieve the ambiguity of analogy as the central core that the classic requires. Thus, Plato never rejected poetry—only the debasement of poetry into either the fantastical or literal (or the confusion of the two.)The true classic walks a line between ignorance and knowledge, rhetoric and philosophy, literalism and fantasy, “thing-reality” and “the ideal.” The Aeneid makes a good test case. It is at once a piece of propaganda and a statement of an ideal that is complicated by the duplicity of Aeneas’ abandonment of Dido, the brutality of his killing of Turnus, and his emergence in Book VI from the underworld by the Gate of Ivory (false dreams). Such tension is exemplary of what Shankman sinuously argues is at the heart of “the classic” in a variety of other works.The argument is persuasive and attractive, even if not compelling, in a world where many critics would have us believe that all of literature, canonical or not, is disappearing into nontext. That about half of the chapters are adaptations of previously published articles risks a discontinuity that is largely avoided by recapitulations of where we are in the exposition of our struggle in a continuing and intrinsic state of rational metaxis. I like the idea, but I must reserve judgment on a thesis that attends to the poetry of Yvor Winters and E. V. Cunningham... (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

This study investigated effects of codes of ethics on perceptions of ethical behavior. Respondents from companies with codes of ethics (n = 465) rated role set members (top management, supervisors, peers, subordinates, self) as more ethical and felt more encouraged and supported for ethical behavior than respondents from companies without codes (n = 301). Key aspects of the organizational climate, such as supportiveness for ethical behavior, freedom to act ethically, and satisfaction with the outcome of ethical problems were impacted by (...) the presence of an ethics code. The mere presence of a code of ethics appears to have a positive impact on perceptions of ethical behavior in organizations, even when respondents cannot recall specific content of the code. (shrink)

This fifth volume on Advances and Applications of DSmT for Information Fusion collects theoretical and applied contributions of researchers working in different fields of applications and in mathematics, and is available in open-access. The collected contributions of this volume have either been published or presented after disseminating the fourth volume in 2015 in international conferences, seminars, workshops and journals, or they are new. The contributions of each part of this volume are chronologically ordered. First Part of this book presents some (...) theoretical advances on DSmT, dealing mainly with modified Proportional Conflict Redistribution Rules (PCR) of combination with degree of intersection, coarsening techniques, interval calculus for PCR thanks to set inversion via interval analysis (SIVIA), rough set classifiers, canonical decomposition of dichotomous belief functions, fast PCR fusion, fast inter-criteria analysis with PCR, and improved PCR5 and PCR6 rules preserving the (quasi-)neutrality of (quasi-)vacuous belief assignment in the fusion of sources of evidence with their Matlab codes. Because more applications of DSmT have emerged in the past years since the apparition of the fourth book of DSmT in 2015, the second part of this volume is about selected applications of DSmT mainly in building change detection, object recognition, quality of data association in tracking, perception in robotics, risk assessment for torrent protection and multi-criteria decision-making, multi-modal image fusion, coarsening techniques, recommender system, levee characterization and assessment, human heading perception, trust assessment, robotics, biometrics, failure detection, GPS systems, inter-criteria analysis, group decision, human activity recognition, storm prediction, data association for autonomous vehicles, identification of maritime vessels, fusion of support vector machines (SVM), Silx-Furtif RUST code library for information fusion including PCR rules, and network for ship classification. Finally, the third part presents interesting contributions related to belief functions in general published or presented along the years since 2015. These contributions are related with decision-making under uncertainty, belief approximations, probability transformations, new distances between belief functions, non-classical multi-criteria decision-making problems with belief functions, generalization of Bayes theorem, image processing, data association, entropy and cross-entropy measures, fuzzy evidence numbers, negator of belief mass, human activity recognition, information fusion for breast cancer therapy, imbalanced data classification, and hybrid techniques mixing deep learning with belief functions as well. (shrink)

Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures “wrote extensive sets of laws for academic purposes or propaganda but these were not intended to be accessible to most members of the community and had relatively little effect on the actual operation of the legal system.” This article addresses the implications of writing for customary or regional law in South and Southeast Asia. The textual tradition of Dharmaśāstra, which canonizes a particular model of Brahmin (...) customary norms, can certainly be called a “scholarly” exercise, and it was also intended as propaganda for the Brahmanical cosmopolitan world order. But it also formulated a procedural principle to recognize the general validity of other, even divergent, customary norms, though for the most part such rules remained lex non scripta. On the other hand, inscriptions provide evidence that writing was used for diverse legal purposes and offers glimpses of actual legal practice. In these records, customary laws are sometimes laid down as statutes by decree of a ruler or community body, or are simply invoked as long-established customary rules. But even when Dharmaśāstra texts are not directly cited, their influence over the longue durée is discernable in the persistence of śāstric legal categories and terms of art. This influence is even more evident in Java, where legal codes on the Dharmaśāstra model were composed in Javanese, and where the inscriptions came to exhibit a closer connection with śāstric discourse than is found in India. (shrink)