In medieval texts the term ius naturale can mean either natural law or natural right; for the latter sense see the article Natural Rights ”. Ius naturale in the former sense, and also lex naturalis, mean the universal and immutable law to which the laws of human legislators, the customs of particular communities and the actions of individuals ought to conform. It is equivalent to morality thought of as a system of law. It is called “natural” either (a) because (...) it is taught by natural instinct, i.e. some capacity innate in human beings, or (b) because it is accessible to “natural reason”, i.e. to personal reflection independent of any special revelation from God (such as the Christian faith claims to be) and independent of the moral authority of other human beings; or for both reasons. (shrink)
The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political (...) and economic power in the region, mediated the implementation of dharmastra into the legal system. From this comparison arise new understandings of law and legal categories such as custom and positive law. Moreover, such comparisons begin to elucidate the problems involved in Western assumptions that it is textual law, not its interpretation and application by humans, which controls behavior. The Vanjeri records demonstrate not only the importance of dharmastra as a historical document but also the manner and extent to which dharmastra provided the foundation for legal systems in Kerala as well as in other regions of India. (shrink)
When we approach medieval writings on the natural law in terms of our contemporary interpretations of such basic categories as reason, nature, and natural order, these writings are bound to seem confused, incomplete, and unsophisticated. Yet if we allow these writings to speak in their own terms, respecting the integrity of their thought, a different picture emerges. We find there an account of the natural law which is significantly different from any contemporary version. This account is illuminating precisely because (...) it demonstrates that it is possible to think in very different ways about some fundamental issues. (shrink)
An important aspect of the contemporary controversies over John Calvin’s natural law doctrine has been his relation to the medieval natural law inheritance. This paper attempts to put Calvin in better context through a detailed examination of his ideas on natural law, in comparison with those of Thomas Aquinas. I argue that significant points of both similarity and difference between them must berecognized. Among important similarities, I highlight their grounding of natural law in the divine nature and the relationship (...) of natural to civil law. Among important differences I note issues of participation, conscience, and the two kingdoms doctrine. Calvin resides in the same broad tradition of natural law as Thomas Aquinas, although he represents a somewhat different strand of it. (shrink)
The medieval Jewish philosophers Saadia Gaon, Bahya ibn Pakuda, and Moses Maimonides made significant contributions to moral philosophy in ways that remain relevant today. -/- Jonathan Jacobs explicates shared, general features of the thought of these thinkers and also highlights their distinctive contributions to understanding moral thought and moral life. The rationalism of these thinkers is a key to their views. They argued that seeking rational understanding of Torah>'s commandments and the created order is crucial to fulfilling the covenant (...) with God, and that intellectual activity and ethical activity form a spiral of mutual reinforcement. In their view, rational comprehension and ethical action jointly constitute a life of holiness. Their insights are important in their own right and are also relevant to enduring issues in moral epistemology and moral psychology, resonating even in the contemporary context. -/- The central concerns of this study include (i) the relations between revelation and rational justification, (ii) the roles of intellectual virtue and ethical virtue in human perfection, (iii) the implications of theistic commitments for topics such as freedom of the will, the acquisition of virtues and vices, repentance, humility, and forgiveness, (iv) contrasts between medieval Jewish moral thought and the practical wisdom approach to moral philosophy and the natural law approach to it, and (v) the universality and objectivity of moral elements of Torah. (shrink)
Jon Jacobs emphasises their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with ...
This volume offers a comprehensive and authoritative account of the history of a complex and varied body of ideas over a period of more than one thousand years. A work of both synthesis and assessment, The Cambridge History of Medieval Political Thought presents the results of several decades of critical scholarship in the field, and reflects in its breadth of enquiry precisely that diversity of focus that characterized the medieval sense of the "political," preoccupied with universality at some (...) levels, and with almost minute particularity at others. Among the vital questions explored by the distinguished team of contributors are the nature of authority, of justice, of property; the problem of legitimacy, of allegiance, of resistance to the powers that be; the character and functions of law, and the role of custom in maintaining a social structure. (shrink)
The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalised courts of classical Athens (...) and of the early middle ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996. (shrink)
This book is an introduction to debates in philosophy within the medieval Islamic world. It discusses a number of themes which were controversial within the philosophical community of that period: the creation of the world out of nothing, immortality, resurrection, the nature of ethics, and the relationship between natural and religious law. The author provides an account of the arguments of Farabi, Avicenna, Ghazali, Averroes and Maimonides on these and related topics. His argument takes into account the significance of (...) the conflict between faith and reason, religion and philosophy. The book sets out to show how interesting these philosophical debates are, and criticizes the view that these arguments are of no more than historical interest. (shrink)
From the ninth to the fifteenth centuries Jewish thinkers living in Islamic and Christian lands philosophized about Judaism. Influenced first by Islamic theological speculation and the great philosophers of classical antiquity, and then in the late medieval period by Christian Scholasticism, Jewish philosophers and scientists reflected on the nature of language about God, the scope and limits of human understanding, the eternity or createdness of the world, prophecy and divine providence, the possibility of human freedom, and the relationship between (...) divine and human law. Though many viewed philosophy as a dangerous threat, others incorporated it into their understanding of what it is to be a Jew. This Companion presents all the major Jewish thinkers of the period, the philosophical and non-philosophical contexts of their thought, and the interactions between Jewish and non-Jewish philosophers. It is a comprehensive introduction to a vital period of Jewish intellectual history. (shrink)
The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
In this original study, noted scholar and theologian David Hartman discusses the relation between Maimonides' halakhic writings and The Guide of the Perplexed- ...
There is a general presumption that the law should be congruent with morality— that is, that the prohibitions and permissions in the law should correspond to the prohibitions and permissions of morality. And indeed in most areas of domestic law, and perhaps especially in the criminal law, the elements of the law do in general derive more or less directly from the requirements of morality. I will argue in this chapter, however, that this correspondence with morality does not and, at (...) present, cannot hold in the case of the international law of war. For various reasons, largely pragmatic in nature, the law of war must be substantially divergent from the morality of war.1 Our understanding of the morality of war has for many centuries been shaped by a tradition of thought known as the theory of the just war. In its earliest manifestations in ancient and medieval thought, this theory emerged from a synthesis of Christian doctrine and a natural law conception of morality. Its tendency was to understand the morality of war as an adaptation to problems of group conflict of the moral principles governing relations among individuals and to see just warfare as a form of punishment for wrongdoing. Its concern was with a rather pure conception of right and wrong that made few concessions to pragmatic considerations and was unwilling to compromise matters of principle for the sake of considerations of consequences. During this classical phase in the history of the theory, the principles of the just war were quite different from the laws of war in their current form. Later, beginning in the sixteenth century but principally during the eighteenth and nineteenth centuries, some juridical writers, seeking to develop a workable account of the law of nations, began to argue for principles governing the practice of war that were more ‘realistic’ in character. These principles were formulated in ways that were more sensitive to pragmatic concerns. This shift in thinking about the normative dimensions of war helped to lay the groundwork for the development and institutionalization of the international law of war from the late nineteenth century to the present.. (shrink)
We describe the Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. We then identify four approaches to natural law that have evolved within the United States during the (...) twentieth century, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition is superior to the liberal ethics of modern deontology and utilitarianism. (shrink)
This article describes Catholic natural law tradition by examining its origins in the medieval penitentials, the papal decretals, the writings of Thomas Aquinas, and seventeenth-century casuistry. Catholic natural law emerges as a flexible ethic that conceives of human nature as rational and as oriented to certain basic goods that ought to be pursued and whose pursuit is made possible by the virtues. Four approaches to natural law that have evolved within the United States during the twentieth century are then (...) identified, including the traditionalist, proportionalist, right reason, and historicist approaches. The normative implications of these approaches are discussed in relation to ethical issues in the tobacco industry, ITT under Geneen, the marketing of pharmaceuticals, affirmative action, and bribery. It is argued that Alasdair MacIntyre is correct in claiming that the natural law tradition issuperior to the liberal ethics of modern deontology and utilitarianism. (shrink)
This article is essentially theoretical and is focused on the allocative function of the legal systems to attract/reject different capitals according to their procedures to shape norms and laws. This function of the legal systems is pivotal in our times as humankind is facing a systemic and evolutionary bifurcation between the heideggerian Gegnet of a strategic, high speed convergence (i.e., Singularity) among robotics, informatics, nanotechnologies, and genetics (RINGs)?which will reshape human life in terms of its life quality styles and standards (...) especially regarding health and environment matters, and the so called Neofeudal Scenario (NS) supported by those for whom the Industrial Model failed and the only way to save humankind and its environment would be a kind return to a Medieval life style based on a slow pace of life and austerity. This article provides an overview of the most important and recent international references regarding the two alternatives of bifurcation and describes a potential paradigm shift inside the systemic approach to reframe the conceptual map of global change through a systemic epistemology of the sociology of law. (shrink)
I RELIGION AND POLITICS: THE LAW Islam, like Judaism and Christianity, believes in the divine origin of government. It follows, therefore, that political ...
... Abu Hamid al-Ghazall enumerates twenty questions upon which he contends the philosophers have formulated heretical theories against which the Muslim ...
The stock of natural law has risen in recent years. It is partly due to growing dissatisfaction with the elucidations offered by the legal positivists, and partly because sceptical arguments have lost their edge. In the heyday of logical positivism it was easy to say ``I don't understand what you mean by `right' . . .'' and break off discussion without more ado; but, as the bounds of unintelligibility increased and came to encompass almost the whole of human knowledge, an (...) inability to understand became not so much a boast as a confession. Many people may still be unclear about the metaphysical foundations of the moral sciences; but we are disinclined to doubt that they are serious disciplines, or to think that they need to be, or even could be, reconstructed without any moral element. Moreover, the events of this century have begun to penetrate the academic consciousness. Having witnessed the terrible tyrannies of the Nazis, the Communists and the Third World, we find it difficult to divorce our thinking about law from our thinking about morals. Although 'duty' is still an unfashionable word, people are constantly talking about the rights that are being denied them and the wrongs being inflicted on them. And these rights claimed and wrongs resented are grounded not on some existing legal enactment or a one-time social contract, but on the nature of man and the nature of the state, and are therefore, although very different from their mediaeval articulation, arguments of natural law. (shrink)
Few philosophers or theologians exerted as much influence on the shape of Medieval thought as Thomas Aquinas. He ranks amongst the most famous of the Western philosophers and was responsible for almost single-handedly bringing the philosophy of Aristotle into harmony with Christianity. He was also one of the first philosophers to argue that philosophy and theology could support each other. The shape of metaphysics, theology, and Aristotelian thought today still bears the imprint of Aquinas work. In this extensive and (...) deeply researched study, Eleonore Stump enages Aquinas across the full range of his philosophical writings. She examines Aquinas' major works, Summa Theologiae and Summa Contra Gentiles and clearly assesses the vast range of Aquinas' thought from his metaphysics, theology, philosophy of mind and epistemology to his views on free will, action, the soul and ethics, law and politics. She considers the influence of Aquinas' thought on contemporary philosophy and why he should bestill read today. (shrink)
Machine generated contents note: List of contributors; Acknowledgements; List of abbreviations; Introduction Yitzhak Y. Melamed and Michael Rosenthal; Spinoza's exchange with Albert Burgh Edwin Curley; The text of Spinoza's Tractatus Theologico-Politicus Piet Steenbakkers; Spinoza on Ibn Ezra's Secret of the Twelve Warren Zev Harvey; Reflections of the medieval Jewish-Christian debate in the Theological-Political Treatise and the Epistles Daniel J. Lasker; The early Dutch and German reaction to the Tractatus Theologico-Politicus: foreshadowing the Enlightenment's more general Spinoza reception? Jonathan Israel; G. (...) W. Leibniz's two readings of the Tractatus Theologico-Politicus Mogens Laerke; The metaphysics of the Theological-Political Treatise Yitzhak Y. Melamed; Spinoza's conception of law: metaphysics and ethics Donald Rutherford; Getting his hands dirty: Spinoza's criticism of the rebel Michael Della Rocca; 'Promising' ideas: Hobbes and contract in Spinoza's political philosophy Don Garrett; Spinoza's curious defense of toleration Justin Steinberg; Miracles, wonder, and the state in Spinoza's Theological-Political Treatise Michael A. Rosenthal; Narrative as the means to freedom: Spinoza on the uses of imagination Susan James; Bibliography. (shrink)
Here I reexamine Duhem's question of the continuity between medieval dynamics and early modern conservation theories. I concentrate on the heavens. For Aristotle, the motions of the heavens are eternally constant (and thus mathematizable) because an eternally constant divine Reason is their mover. Duhem thought that impetus and conservation theories, by extending sublunar mechanics to the heavens, made a divine renewer of motion redundant. By contrast, I show how Descartes derives his law of conservation by extending Aristotelian celestial dynamics (...) to the earth. Descartes argues that motion is intrinsically linear, not circular. But he agrees that motion is mathematically intelligible only where divine Reason moves bodies in a constant and eternal motion. Descartes strips bodies of active powers, leaving God as the only natural mover; thus both celestial and sublunar motions are constant, and uniformly mathematizable. The law of conservation of the total quantity of motion is an attempt to harmonize the constancy derived a priori with the phenomenal inconstancy of sublunar motions. (shrink)
writings, however, reveals a profoundly medieval outlook. Smith is preoccupied with the need to preserve order in society. His scientific methodology emphasises reconciliation with the world we live in rather than investigation of it. He invokes a version of natural law in which the universe is a harmonious machine administered by a providential deity. Nobody is uncared for and, in real happiness, we are all substantially equal. No action is without its appropriate reward – in this life or the (...) next. The social desirability of individual self-seeking activity is ensured by the ‘invisible hand’, that is, the hand of a god who has moulded us so to behave, that the quantity of happiness in the world is always maximised. (shrink)
This article examines two medieval sermons that examine philosophic and halakhic issues: the Passover sermon of Hasdai Crescas, which discusses the laws of Passover, and a sermon of Zerahia Halevi Saladin, a disciple of Crescas, which probes an aspect of the laws of vows ( nedarim ). In the analysis of Zerahia's sermon, a comparison is made between his discussion and Thomas Aquinas's examination of vows in his Summa Theologica . The comparison establishes the dependency of Zerahia on Aquinas (...) regarding this issue. Likewise, Zerahia's sermon is compared with Crescas's, and the relationship between the legal theories of Crescas and Zerahia is investigated. The articles concludes with a brief examination of the significance of the analysis these sermons for understanding of the impact of scholastic sources on Spanish-Jewish philosophy and the relationship between law and philosophy in the writings of Hasdai Crescas and his students. (shrink)
During the seventeenth century Francisco Suárez was considered one of the greatest philosophers of the age. He was the last great Scholastic thinker and profoundly influenced the thought of his contemporaries within both Catholic and Protestant circles. Suárez contributed to all fields of philosophy, from natural law, ethics, and political theory to natural philosophy, the philosophy of mind, and philosophical psychology, and--most importantly--to metaphysics, and natural theology. Echoes of his thinking reverberate through the philosophy of Descartes, Locke, Leibniz, and beyond. (...) Yet curiously Suárez has not been studied in detail by historians of philosophy. It is only recently that he has emerged as a significant subject of critical and historical investigation for historians of late medieval and early modern philosophy. Only in recent years have small sections of Suárez's magnum opus, the Metaphysical Disputations, been translated into English, French, and Italian. The historical task of interpreting Suárez's thought is still in its infancy. The Philosophy of Francisco Suárez is one of the first collections in English written by the leading scholars who are largely responsible for this new trend in the history of philosophy. It covers all areas of Suárez's philosophical contributions, and contains cutting-edge research which will shape and frame scholarship on Suárez for years to come--as well as the history of seventeenth-century generally. This is an essential text for anyone interested in Suárez, the seventeenth-century world of ideas, and late Scholastic or early modern philosophy. (shrink)
This examination of a fundamental but often neglected aspect of the intellectual history of early modern Europe brings together philosophers, historians and political theorists from Great Britain, Canada, the United States, Australia, France and Germany. Despite the diversity of disciplines and national traditions represented, the individual contributions show a remarkable convergence around three themes: changes in the modes of moral education in early modern Europe, the emergence of new relations between conscience and law (particularly the law of the state), and (...) the shared continuities and discontinuities of both Roman Catholic and Protestant moral culture in relation to their medieval past. (shrink)
This book investigates the central role of reason in Islamic intellectual life. Despite widespread characterization of Islam as a system of belief based only on revelation, John Walbridge argues that rational methods, not fundamentalism, have characterized Islamic law, philosophy and education since the medieval period. His research demonstrates that this medieval Islamic rational tradition was opposed by both modernists and fundamentalists, resulting in a general collapse of traditional Islamic intellectual life and its replacement by more modern but far (...) shallower forms of thought. However, the resources of this Islamic scholarly tradition remain an integral part of the Islamic intellectual tradition and will prove vital to its revival. The future of Islam, Walbridge argues, will be marked by a return to rationalism. (shrink)
"In this essay, I wish to question the view that the distinction between medieval and early modern philosophy is primarily one of method. I shall argue that what has come to be known as the modern method in fact owes much to the natural philosophy of John Buridan (ca. 1295-1361), a secular arts master who taught at the University of Paris some three centuries before Descartes. Surrounded by conflicts over institutional governance and curricular disputes, Buridan emerged as a forceful (...) voice for the independence and autonomy of teachers in the faculty of arts, arguing that philosophy as properly practiced belonged to them, the "artists artistae", not to those who taught in the so-called 'higher' faculties of theology, law, and medicine. Now such voices had been heard before at Paris, most notably from Averroist arts masters in the late 13th and early 14th-centuries.(*) Buridan is different, however, because unlike Boethius of Dacia and John of Jandun, he knew how to make the case for artistic autonomy without denigrating the theology and thereby inviting official condemnation. His trick was not to argue that there are 'two truths', one acquired and the other revealed, which might well come into conflict with each other, or that propositions whose truth has been revealed in scripture in no way qualify as scientia. It was rather to recognize the profoundly different methods of theology and philosophy, without losing sight of the fact that what counts as evidence in a proof in natural philosophy does not work in a theological argument, even if both have the same conclusion, such as that the human soul is immortal. Buridan seems to think that if only people would respect the differences between the rules of philosophical and theological inquiry, no conflicts would arise. He is not so naive as to claim this could ever happen, of course. But it does explain why he almost always diagnoses such conflicts in terms of some logical or linguistic confusion on the part of the people who propose them. Buridan is also different because in him the secularizing sentiment already present in the Latin Averroists begins to take shape as a way of doing philosophy, i.e., as a philosophical grammar.. (shrink)
In the development of Roman Catholic social thought from the teachings of the scholastics to the modern social encyclicals, changes in normative economics reflect the transformation of an economic terrain from its feudal roots to the modern industrial economy. The preeminence accorded by the modern market to the allocative over the distributive function of price broke the convenient convergence of commutative and distributive justice in scholastic just price theory. Furthermore, the loss of custom, law, and usage in defining the boundaries (...) of economic behavior led to a depersonalization of economic relationships that had previously provided effective informal means of protecting individual well-being. Hence, recent economic ethics has had to look for nonprice, nonmarket mechanisms for distributive justice. This is reflected, for example, in the shift in attitude from the medieval antipathy toward unions to the contemporary defense of organized labor on moral grounds. (shrink)
Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common ground. In Presumption and (...) the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its future is assured by its service to the theory of information management and the philosophy of science. (shrink)
There are varying opinions about whether or not the field of business ethics has a history or is a development of more modern times. It is suggested that a book by a Dominican Friar, Johannes Nider, De Contractibus Mercatorum, written ca. 1430 and published ca. 1468 provides a basis for a history of over 500 years. Business ethics grew out of attempts to reconcile Biblical precepts, canon law, civil law, the teachings of the Church Fathers, and the writings of early (...) philosophers with the realities of expanding economic activity. Nider's background is discussed as well as his book as an example of incunabula.Nider was one of the Scholastics who provided a link between Aristotle and later Reformation thinkers. In Nider we find caveat venditor as his moral guide to merchants as well as other surprisingly modern ideas such as justice in exchange; restitution for defective goods; the market as the final arbiter of value; and the importance of creating utility in products. (shrink)
The name "School of Salamanca" refers to a group of theologians and natural law philosophers who taught in the University of Salamanca, following the inspiration of the great Thomist Francisco de Vitoria. It turns out that the Scholastics were not simply medieval, but began in the 13th century and expanded through the 16th and 17th centuries; and they developed some original theories about economics and international law.Why should a few men mainly interested in theology and ethics apply themselves in (...) analyzing issues so far from their worries? The answer leads us to a revision of the morality rules, due to the new problems in business ethics. Thus, for example, the appearance of inflation made them have doubts about the merchant's morality. In order to solve this and other problems, they began to analyze the new and suspicious economic activity. As a result of their observations about ethical issues they discovered some advanced theories for the history of economic thought, such as the early formulation of the quantity theory of money. (shrink)
Hugo Grotius (1583-1645) [Hugo, Huigh or Hugeianus de Groot] was a towering figure in philosophy, law, political theory and associated fields during the seventeenth century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity which emerged in the later medieval and early modern periods. This article will attempt to explain his views on the law of (...) nature and related issues while simultaneously providing some broader assessment of his place in the history of ideas. (shrink)
De philosophia Aristotelico-Lutherana apud Philippum MelanchthonemIn hac dissertatione elementa principalia relationis Philippi Melanchthonis ad philosophiam Aristotelicam in dialectica, ethica et philosophia naturali summatimexponuntur. Quamquam Melanchthon iuvenili aetate renascentis aevi virorum doctorum mentem de litteris Graecis-Latinisque ad pristinam puritatem restaurandis secutus est, tamen doctrina eius Aristotelica nullo modo „pura“ putanda est. Imprimis eius de „notiis naturalibus“ opinio, quae magnam vim ad eius dialecticam, ethicam, de cognitione doctrinam habuit, Aristotelica haud dicenda est et Platonis potius auctoritatem redolet. Finis, quem Philippi Melanchthonis philosophia (...) Aristotelica recipienda prosecutus est, imprimis Lutheranismi et apologia et propagatio esse videntur. Ita dialectica et rhetorica, quam praebet, exegesi Sacrae Scripturae quasi unice inservire debebant. Simili ratione ductus Melachthon medii aevi theologorum de felicitate opinionem reiecit, et anthropologiam (quam dicunt) in Legis et Evangelii dialecticam collocabat. Idem eius naturalis philosophia, quae fere tota Dei providentiae declarandae vota est, innuit. Quoniam Malanchthonis Aristotelicae docrinae receptio adeo a principiis theologicis M. Lutheri pendet, Aristotelico-Lutherana apte nuncupanda videtur.Lutheran Aristotelianism – Philipp MelanchthonThis article summarises the basic features of Melanchthon’s approach to Aristotle’s philosophy in the areas of logic, ethics and natural philosophy. Although Melanchthon builds upon the humanistic ideal of purifying classical heritage, his Aristotelianism should not be viewed as ‘pure’. His conception of natural knowledge (notitiae naturales) could be regarded as a significant non-Aristotelian element of his philosophy. The view consequently penetrates his logic, ethics as well as epistemology. Primarily, however, the reason behind his reception of Aristotle is a defence of Luther’s views: the aims of logic and rhetoric lie in theexegesis of the Bible within the context of the principle of ‘ Sola Scriptura’; he rejects the medieval concept of felicity and puts antropology into the dialectics of Law and Gospel; the aim of natural philosophy is the exposition of the existence of God’s Providence. Melanchthon’s reception of Aristotle is thus influenced by the theology of the Reformation to such an extent, that we might refer to it as Lutheran Aristotelianism. (shrink)
This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to (...) recover his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)
Francesca Albertini's voluminous study, Die Konzeption des Messias bei Maimonides und die fruehmittelalterliche islamische Philosophie, wishes to put a fresh emphasis on the link between Maimonides' concept of the Messiah and his ideal of the leader as a political figure. For Maimonides, Albertini argues, the arrival of the Messiah will be realized only through human effort and appropriate behavior: it is man who bears responsibility for this event through his moral actions. The Messiah, on the other hand, as the leader (...) of the community, seeks to implement the new order in society through which Divine Law will be established and followed precisely. Hence, the Messiah's arrival is not an apocalyptic, eschatological .. (shrink)
In his 1959–1960 seminar on the ethics of psychoanalysis the French psychoanalyst Jacques Lacan states that one can only fully understand the intellectual (philosophical, ethical) problems Freud addresses when one recognizes the filiation or cultural paternity that exists between him and a new direction of thought represented by Luther. In this article Lacan’s interest in Luther’s theological voluntarism, his conception of God, his articulation of what Lacan identifies as the modern crisis in ethics and his view on the law in (...) relation to desire is presented and analysed. It is argued that Lacan is primarily interested in Luther as a religious author radically expressing the problem of the foundation of moral law and addressing the question how and where a person finds moral orientation after the break with the medieval Aristotelian-scholastic universal order and given man’s sinful desires. (shrink)
Moses Maimonides, rabbinist, philosopher, and physician, had a greater impact on Jewish history than any other medieval figure. Born in Cordova, Spain, in 1137 or 1138, he spent a few years in Morocco, visited Palestine, and settled in Egypt by 1167. He died there in 1204. Maimonides was a man of superlatives. He wrote the first commentary to cover the entire Mishna corpus; composed what quickly became the dominant work on the 613 commandments believed to have been given by (...) God to Moses; produced the most comprehensive and most intensely studied code of rabbinic law to emerge from the Middle Ages; and his Guide for the Perplexed has had a greater influence on Jewish thought than any other Jewish philosophic work. During the last decades of his life, he conducted an active medical practice, which extended into the royal court--the Sultan Saladin is reported to have been his patient--and composed some ten or eleven works on medicine. This book offers a fresh look at every aspect of Maimonides' life and works: the course of his life, his education, his personality, and his rabbinic, philosophical, and medical writings. At a number of junctures, Davidson points out that information about Maimonides which has been accepted for decades or centuries as common knowledge is in actuality supported by no credible evidence and often, more disconcertingly, is patently incorrect. Maimonides' diverse writings are frequently viewed as expressions of several distinct personas, uncomfortably and awkwardly bundled into a single human frame; the present book treats his writings as expressions of a single, integrated, albeit complex, mind. (shrink)
Founders of Modern Political and Social Thought -/- Series Editor: Dr Mark Philp, Oriel College, University of Oxford -/- Founders of Modern Political and Social Thought present critical examinations of the work of major political philosophers and social theorists, assessing both their initial contribution and continuing relevance to politics and society. Each volume provides a clear, accessible, historically-informed account of each thinker's work, focusing on a re-assessment of their central ideas and arguments. Founders encourage scholars and students to link their (...) study of classic texts to current debates in political philosophy and social theory. -/- This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with a re-assessment of his central ideas and arguments. John Finnis presents a richly-documented review of Aquinas's ideas on morality, politics, law, and method in social science, using the philosopher's own long-neglected distinctions between types of order and types of theory. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the Aquinas's philosophy while also demonstrating how this interconnects with the theological elements. In his fresh, far-reaching re-reading of Aquinas, John Finnis argues out such questions as: Is egoism rational? Why is Aristotle's paternalism wrong? Has sexual morality any reasonable principle? What's wrong with lying and usury? Why are democracy and the rule of law aspects of the best polity? -/- Drawing on over 60 of Aquinas's works, the author shows how, despite some medieval limitations, Aquinas makes profound, powerful contributions to present debates. (shrink)
The Development of Ethics is a selective historical and critical study of moral philosophy in the Socratic tradition, with special attention to Aristotelian naturalism, its formation, elaboration, criticism, and defence. This three-volume set discusses the main topics of moral philosophy as they have developed historically, including: the human good, human nature, justice, friendship, and morality; the methods of moral inquiry; the virtues and their connexions; will, freedom, and responsibility; reason and emotion; relativism, subjectivism, and realism; the theological aspect of morality. (...) -/- Volume 1 examines ancient and medieval philosophy up to the sixteenth century, beginning with Socrates, the Cyrenaics and Cynics, Plato, and then Aristotle. Terence Irwin compares the Stoic position with the Aristotelian at some length; Epicureans and Sceptics are discussed more briefly. Chapters on early Christianity and on Augustine introduce a fuller examination of Aquinas' revision, elaboration, and defence of Aristotelian naturalism. The volume closes with an account of some criticisms of the Aristotelian outlook by Scotus, Ockham, Machiavelli, and some sixteenth-century Reformers. Volume 2 examines early modern moral philosophy from the sixteenth to the eighteenth century, and explores Suarez's interpretation of Scholastic moral philosophy, seventeenth- and eighteenth- century responses to the Scholastic outlook, and the treatments of natural law by Grotius, Hobbes, Cumberland, and Pufendorf. Disputes about moral facts, moral judgments, and moral motivation, are traced through Cudworth, Clarke, Balguy, Hutcheson, Hume, Price, and Reid. Butler's defence of a naturalist account of morality is examined and compared with the Aristotelian and Scholastic views discussed in Volume 1. The volume ends with a survey of the persistence of voluntarism in English moral philosophy, and a brief discussion of the contrasts and connexions between Rousseau and earlier views on natural law. Volume 3 continues the story up to Rawls's Theory of Justice, and takes the comparison between the Kantian and the Aristotelian outlook as a central theme. The chapters on Kant compare Kant both with his rationalist and empiricist predecessors and with the Aristotelian naturalist tradition. Reactions to Kant are traced through Hegel, Schopenhauer, Nietzsche, and Kierkegaard. Utilitarian and idealist approaches to Kantian and Aristotelian views are traced through Sidgwick, Bradley, and Green. Mill and Sidgwick provide a link between eighteenth-century rationalism and sentimentalism and the twentieth-century debates in the metaphysics and epistemology of morality. These debates are explored in Moore, Ross, Stevenson, Hare, C.I. Lewis, Heidegger, and in some more recent meta-ethical discussion. This volume concludes with a discussion of Rawls, with special emphasis on a comparison of his position with utilitarianism, intuitionism, Kantianism, naturalism, and idealism. -/- Since these volumes seek to be not only descriptive and exegetical, but also philosophical, they discuss the comparative merits of different views, the difficulties that they raise, and how some of the difficulties might be resolved. Irwin presents the leading moral philosophers of the past as participants in a rational discussion in which the contemporary reader can participate. (shrink)
Ancient and medieval dialecticians: the lengthening shadow of Plato.--Traveller on the royal way: Martin Luther on simul justus et peccator.--Musician in the concert of God's joy: Jacob Boehme on ground and unground.--Prodigy between finite and infinite: Pascal's dialectic of grandeur and misery.--Thinker of the thoughts of God: Hegel and the dialectic of movement.--Venturer at the brinks: Kierkegaard and the dialectic of the suffering self.--Walker on the narrow ridge: Karl Barth and the dialectic of the human and divine.--Bridge-builder beyond the (...) boundaries: Tillich's dialectic of estrangement and reconciliation.--Wanderer in the forest: Heidegger on the being of beings.--Man suspended in mid-air: Rudolph Bultmann on the believer as free for the future.--Struggler under the twofold verdict of God: Werner Elert and the dialectic of law and gospel.--Epilog.--Selected bibliography (p. 159). (shrink)
Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and (...) natural systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)
The background -- Projects; the significance of sex and love; secret pictures; sexual pluralism -- A history of the philosophy of sex and love -- The ancients; medieval philosophy; modern philosophy; the twentieth century; contemporary philosophy -- Sex -- Sexual concepts -- Analytic questions; sexual activity; sexual desire; social constructionism; polysemicity (polysemy); sexual sensations -- Sexual perversion -- St. thomas aquinas; problems with natural law; psychological perversion; psychiatry and perversion; a conceptual framework -- Sexual ethics -- Contraception; beyond natural (...) law; immanuel kant; contemporary kantian philosophy; utilitarianism; sadomasochism; love -- Sexual politics -- Consent, again; pedophilia; prostitution and marriage; marital rape; compulsory heterosexuality; pornography -- Love -- Varieties of love -- What is love?; love and value; eros and agape; evaluating and assessing love; the fine gold thread; concern and benevolence; union -- Features of love -- Tangles in theories of love; exclusivity; uniqueness; irreplaceability; constancy; reciprocity -- Sex, love, and marriage -- Pauline marriage; the links; sex and love; the death of desire; saving marriage; reasons for monogamy; reasons for marriage -- Gender -- Women and men; gender and sex surveys; heterosexual failure; gendered sexuality; gendered love. (shrink)
Leo Strauss's essays and lectures on Maimonides -- Point of departure: why study medieval thinkers? -- How to study medieval philosophy (1944) -- On Maimonides -- Spinoza's critique of Maimonides (1930) -- Cohen and Maimonides (1931) -- The philosophic foundation of the law: Maimonides' doctrine of prophecy and its sources.
This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, and shows how (...) Thomas Hobbes's political theory can best be understood against this background. In general, the book enables us to understand more fully the characteristics of the natural rights theories available to the men of the Enlightenment, and thereby to appreciate the complexity and equivocal nature of modern right theories. (shrink)
Albert and the career of virtue theory -- Modern virtue theory as foreground to Albert's moral philosophy -- Albert's ethical treatises -- The significance of Albert's moral treatises in early-thirteenth-century moral philosophy -- Approaching the moral order -- Meta-ethical reflections on "moral science" and its procedures -- The metaphysics of the good -- The architecture of moral goodness -- The genesis of virtue : intrinsic causes -- The genesis of virtue : extrinsic causes -- The concept of virtue -- The (...) organization of the virtues -- The passions -- Morality, obligation, and law -- Natural law -- Virtue's rewards -- Friendship -- Last ends and happiness -- Conclusion: Albertus redux. (shrink)
Interpreting Maimonides in his multiple contexts -- A dialectical topic: creation -- Necessity and the law -- Religious language (A): Negative theology and divine perfections -- Religious language (B): Perfections and simplicity -- Religious language (C): God's knowledge as a divine perfection -- Secrets of the Torah: Ezekiel's vision of the chariot -- The scope and accuracy of Ezekiel's prophecy -- A kind of conclusion.
Rau, D. Die Ethik R. Saadjas.--Neumark, D. Saadya's philosophy.--Vajda, G. Saadia Gaon et l'amour courtois.--Diesendruck, Z. Saadya's formulation of the time-argument for creation.--Altmann, A. Saadya's conception of the law.--Vajda, G. Saʻadyā commentateur du "Livre of la création."--Vajda, G. Études sur Saadia.--Harkavy, A. Fragments of anti-Karaite writings of Saadiah in the Imperial Public Library at St. Petersburg.--Eisler, M. Vorlesungen über die jüdischen Philosophen des Mittelalters.
This comprehensive reference volume features essays by some of the most distinguished scholars in the field. The volume is organized into two sections.
Life and works -- Language, logic, and the art of demonstration -- What we can say about God -- Philosophical cosmology -- Philosophical anthropology -- Natural and supernatural: prophecy, miracles, and divine will -- Philosophical theology: providence, human freedom, and theodicy -- Morality, politics and the law -- On human felicity.
A conservation principles tell us that some quantity, quality, or aspect remains constant through change. Such principles appear already in ancient and medieval natural philosophy. In one important strand of Greek cosmology, the rotatory motion of the celestial orbs is eternal and immutable. In optics, from at least the time of Euclid, the angle of reflection is equal to the angle of incidence when a ray of light is reflected. According to some versions of the medieval impetus theory (...) of motion, impetus remains in a projected body (and the associated motion persists) permanently unless the body is subject to outside interference. These examples could be multiplied. But it was in the seventeenth century that conservation principles began to play an absolutely central role in scientific theories. Each of Galileo Galilei, René Descartes, Christiaan Huygens, Gottfried Leibniz, and Isaac Newton founded his approach to physics upon the principle of inertia—that unless interfered with a body will undergo uniform rectilinear motion. A multitude of other conservation principles gained currency during the seventeenth century—some still with us, some long ago left behind. Descartes provides an interesting example of an author who attempted to derive all of his physical principles from conservation laws (Principles of Philosophy, see especially articles 36 to 42 of Part II). Descartes believed that the principles of his physics could be derived from the immutability of God, supplemented only by very weak assumptions about the existence of change in the world. He claims, in fact, that we ought to postulate the strongest conservation laws consistent with such change. These include. (shrink)
There is no such thing as the cosmological argument. Rather, there are several arguments that all proceed from facts or alleged facts concerning causation, change, motion, contingency, or Hnitude in respect of the universe as a whole or processes within it. From them, and from general principles said to govern them, one is led to deduce or infer as highly probable the existence of a cause of the universe (as opposed, say, to a designer or a source of value). Such (...) arguments have a venerable history. A cosmological argument from heavenly motion to a ‘world soul’ is found in Plato’s Laws, bk. l0. This kind of argument is given extended elaboration and defense by Aristotle, both in the Physics (bks. 7-8) and the Metaphysics (hk. 12/lambda), where he argues for an ‘unmoved mover` from the existence of motion within the cosmos (again, primarily astronomical). Cosmological arguments abound in medieval Arabic philosophy. There are arguments to the existence of a necessary cause of the universe from the existence of contingent beings (due to the falsafa (‘philosophy’) scholars, a school heavily influenced by Greek thought) and arguments to the existence of a iirst cause of the universe from the temporal frnitude of the universe (due to the lcalarri (‘discourse’) scholars, a rival school of more traditional Qufanic theology) (Craig 1980: ch. 3). Defenders of the contingency argument include al-Farabi/Abu Nast (c.870—950), ibn Sina/Avicenna (980—lO3Y), and [bn Rushcl/Averroes (1i26e98). Supporters of what is now known as the kalam cosmological argument include al·lshrink)
This paper is a sequel to my 'Theological Misinterpretations of Current Physical Cosmology' (Foundations of Physics [1996], 26 (4); revised in Philo [10998], 1 (1)). There I argued that the Big Bang models of (classical) general relativity theory, as well as the original 1948 versions of the steady state cosmology, are each logically incompatible with the time-honored theological doctrine that perpetual divine creation (creatio continuans') is required in each of these two theorized worlds. Furthermore, I challenged the perennial theological doctrine (...) that there must be a divine creative cause (as distinct from a transformative one) for the very existence of the world, a ratio essendi. This doctrine is the theistic reply to the question: 'Why is there something, rather than just nothing?' I begin my present paper by arguing against the response by the contemporary Oxford theist Richard Swinburne and by Leibniz to what is, in effect, my counter-question: 'But why should there by just nothing, rather than something?' Their response takes the form of claiming that the a priori probability of there being just nothing, vis-à-vis the existence of alternative states, is maximal, because the non-existence of the world is conceptually the simplest. On the basis of an analysis of the role of simplicity in scientific explanations, I show that this response is multiply flawed, and thus provides no basis for their three contentions that (i) if there is a world at all, then its 'normal', natural, spontaneous state is one of utter nothingness or total non-existence, so that (ii) the very existence of matter, energy and living beings constitutes a deviation from the allegedly 'normal', spontaneous state of 'nothingness', and (iii) that deviation must thus have a suitably potent (external) divine cause. Related defects turn out to vitiate the medieval Kalam Argument for the existence of God, as espoused by William Craig. Next I argue against the contention by such theists as Richard Swinburne and Philip L. Quinn that (i) the specific content of the scientifically most fundamental laws of nature, including the constants they contain, requires supra-scientific explanation, and (ii) a satisfactory explanation is provided by the hypothesis that the God of theism willed them to be exactly what they are. Furthermore, I contend that the theistic teleological gloss on the 'Anthropic Principle' is incoherent and explanatorily unavailing. Finally, I offer an array of considerations against Swinburne's attempt to show, via Bayes's theorem, that the existence of God is more probable than not. (shrink)
This essay examines the multifaceted roles of drinking parties in early Greece and in medieval China. It takes as paradigm examples descriptions of ritual intoxication in Plato’s Laws and in the poetry of Ouyang Xiu and Mei Yaochen, arguing that these divergent cultural and philosophical traditions can be both related and made distinct through concepts of pleasure, creativity, and social harmony.
The ancient dualism of a sensible and an intelligible world important in Neoplatonic and medieval philosophy, down to Descartes and Kant, would seem to be supplanted today by a scientific view of mind-in-nature. Here, we revive the old dualism in a modified form, and describe mind as a symbolic language, founded in linguistic recursive computation according to the Church-Turing thesis, constituting a world L that serves the human organism as a map of the Universe U. This methodological distinction of (...) L vs. U helps to understand how and why structures of phenomena come to be opposed to their nature in human thought, a central topic in Heideggerian philosophy. U is uncountable according to Georg Cantor’s set theory but Language L, based on the recursive function system, is countable, and anchored in a Gray Area within U of observable phenomena, typically symbols (or tokens), prelinguistic structures, genetic-historical records of their origins. Symbols, the phenomena most familiar to mathematicians, are capable of being addressed in L-processing. The Gray Area is the human Environment E, where we can live comfortably, that we manipulate to create our niche within hostile U, with L offering overall competence of the species to survive. The human being is seen in the light of his or her linguistic recursively computational (finite) mind. Nature U, by contrast, is the unfathomable abyss of being, infinite labyrinth of darkness, impenetrable and hostile to man. The U-man, biological organism, is a stranger in L-man, the mind-controlled rational person, as expounded by Saint Paul. Noumena can now be seen to reside in L, and are not fully supported by phenomena. Kant’s noumenal cause is the mental L-image of only partly phenomenal causation. Mathematics occurs naturally in pre-linguistic phenomena, including natural laws, which give rise to pure mathematical structures in the world of L. Mathematical foundation within philosophy is reversed to where natural mathematics in the Gray Area of pre-linguistic phenomena can be seen to be a prerequisite for intellectual discourse. Lesser, nonverbal versions of L based on images are shared with animals. (shrink)
The notion of ‘omnipotence’ (potentia dei) runs through the history of medieval philosophy especially after the contribution of Augustine’s thought. Augustine thus traces ethical developments from the idea of God’s sovereignty to the construction of an order of things comparable with his power of creation. Augustine was the first Christian thinker to introduce and document the notion of potentia dei in an ethical context, proving at the same time that the ambivalence of God’s power results either from the activity (...) of ordering, or from the impossibility of God’s duplication, or from the incapacity to destroy the world in respect to a rational configuration of laws and events. (shrink)
Joakim Sandberg (2013). Usury. In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Wiley-Blackwell.score: 4.0
Usury originally and simply meant the practice of charging interest on loans. This practice was forcefully condemned and generally banned in both Ancient and Medieval times. Indeed, prohibitions against interest can be found in the traditions of all the major religions: Hinduism, Buddhism, Judaism, Islam, and Christianity – compare, for instance, the commandments of the Hindu lawmaker Vasishtha, and the biblical story of how Jesus cast the moneylenders out of the temple (Matthew 21:12). As interest started to become socially (...) acceptable, however, usury came to mean the charging of (legally or morally) excessive or exorbitant rates of interest, and this is also how it is commonly used today. Thus, although many people now may regard as usurious so-called payday loans – which sometimes come with up to 1,000 percent interest – we do not generally regard as usurious the normal bank practice of charging for loans at regulated interest rates. Modern Islam still contains a general prohibition against interest, however, and many countries still have at least partial usury laws – most often setting an upper limit on acceptable interest rates. (shrink)
In line with his theory of secularization according to which all significant concepts of the modern theory of the state are secularized theological concepts, Carl Schmitt argues in Constitutional Theory that people’s (Volk) constitution-making power in modern democracy is analogical to God’s potestas constituens in medieval theology. It is also undoubtedly possible to find a resemblance between Schmitt’s constitution-making power and God’s power as it is described in medieval theology. In the same sense as the constitution-making power is (...) absolutely free from all normative ties, God’s potestas constituens, or rather, God’s potentia absoluta is free from such ties. Yet, unlike the Schmittian constitution-making power, God’s potentia absoluta was not, in medieval theology, originally intended as a description of some form of divine action: the absolute power of God referred to the total possibilities initially open to God. However, when the canonists started to employ the term potentia absoluta in their speculations concerning the papal plenitude of power (plenitude potestatis) by the end of the thirteenth century, they used it in a different sense than the theologians previously. According to certain canonists, the pope, by his potentia absoluta, could grant de facto dispensations from divine and ecclesiastical laws. Later on, this notion became a theological notion as well, but given its origin in juridical discourse, the constitution-making power, rather than being a secularized theological notion, is a theologized juristic notion. (shrink)
