In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This book explains why contemporary liberal democracies are based on historical templates rather than revolutionary reforms; why the transition in Europe occurred during a relatively short period in the nineteenth century; why politically and economically powerful men and women voluntarily supported such reforms; how interests, ideas, and pre-existing institutions affected the reforms adopted; and why the countries that liberalized their political systems also produced the Industrial Revolution. The analysis is organized in three parts. The first part develops new (...) rational choice models of governance, the balance of authority between parliaments and kings, constitutional exchange, and suffrage reform. The second part provides historical overviews and detailed constitutional histories of six important countries. The third part provides additional evidence in support of the theory, summarizes the results, contrasts the approach taken in this book with that of other scholars, and discusses methodological issues. (shrink)

For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...) of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Japanese Philosophy in the Making 1: Crossing Paths with Nishida by John MaraldoJohn KrummelJohn Maraldo, Japanese Philosophy in the Making 1: Crossing Paths with Nishida Nagoya: Chisokudō, 2017The present volume by John Maraldo is a collection of his essays, mostly on Nishida. It constitutes the first volume of a two-part collection on Japanese philosophy, this one focusing on Nishida while the second volume includes (...) works on other Japanese philosophers surrounding Nishida. I have long considered Maraldo to be the foremost scholar in English language works in this field, who has consistently produced thought-provoking and well-grounded work, based on his extensive erudition regarding both Japanese and Western traditions. For the last decade and a half, while reading through his fine articles on Japanese philosophy, I was hoping that eventually a book of his own on this topic would be published. Such a book has finally appeared. It is a book that would certainly benefit Anglophone students and scholars of Nishida and Japanese philosophy worldwide. The essays collected here have been previously published in journals or other volumes, or otherwise presented in conferences. But they have been “lightly revised” (1) for the present volume. The volume could have used additional copyediting to clean up some typos. Nevertheless, I would recommend this book to anyone studying or working on Nishida.The volume begins with the prologue’s caveat that “identities we call Japan, Europe, and philosophy are as shifting as they are settled...” (1). A recurring question, therefore, is how philosophy is defined, how it has traversed through time and place, how Nishida’s thought conveys philosophy, and how we can continue this process of translating philosophy (1). Maraldo’s commentary throughout this volume thus proves to be more than just intellectual history but is itself philosophical as he thinks along with the thinkers he discusses, and invites the reader to do likewise. In this he seeks to bring Nishida’s work into philosophical dialogue with the rest of the world, asking “how does the work of Nishida... contribute to the momentum of philosophy?” (1). Maraldo also inquires what the term “Japanese philosophy” (日本哲学) may mean and provides four possibilities [End Page 135] that were given previously in Japanese Philosophy: A Sourcebook that he edited with James Heisig and Thomas Kasulis some years ago,1 while in addition providing possible objections to them (6–8). He tells us that he has come to understand Japanese philosophy as an “ongoing, creative endeavor,” as “philosophy in the making”—a phrase that describes for him all philosophical investigation as a “work in progress, subject to reappraisal and reformation, to rethinking” (10). This seems a reasonable—realistic and viable—approach to understanding philosophy, including Japanese philosophy. Moreover, this process of philosophy, as it crosses cultural and historical borders, inevitably involves translation, the “transmission and transmutation through time and through multiple languages” (11). Even within the West, the origin of philosophy cannot be reduced to its Greek origin when, as Maraldo points out, the ancient Greeks themselves drew from wellsprings of “non-Western” thought (17) and the question of a single origin thus proves to involve “crossroads and contingencies” (17). Philosophy as such “occurs via the trans-lation of texts, spoken and written” (11), which not only means the transference of texts through languages but also “the transformation of textually embedded problems, methods and terminologies both across and within natural languages,” “an inter-lingual and an intra-lingual transmission” entailing “the formation of textual traditions” (12). It not only transmits texts but transforms the language, which in turn transforms cultures and traditions (12). Maraldo views Nishida as such a “consummate trans-lator” of philosophy, who reworked both Asian and European sources into his own language while refining his positions throughout his life (13). But even while refusing to confine philosophy to its Greek origins, Maraldo refuses to exoticize Nishida’s works as yet another product of the Orient. Instead, he treats Nishida’s work as worthy of the philosophical attention of the rest of the world. That is to say that he treats Nishida foremost as a philosopher in the global setting, an equal partner in dialogue with philosophers of the... (shrink)

Peirce is clearly America's candidate for a place on the roster of the great philosophers. The issues in the philosophy of science, epistemology and the philosophy of mind that were central to his philosophical project just happen to be ones that are still on the center stage on the contemporary philosophical scene. Peirce nowhere gives us a unified official exposition of his own theory of knowledge. We can ilustrate his opinions by the examination of three fundamental forms of inference: (...) deduction, induction and abduction. Demonstration of these kinds of inference is one of the ways how to explain Peirce's theory of scientific inquiry. (shrink)

This collection of essays constitutes the first history of modern Japanese aesthetics in any language. It introduces readers through lucid and readable translations to works on the philosophy of art written by major Japanese thinkers from the late nineteenth century to the present. Selected from a variety of sources (monographs, journals, catalogues), the essays cover topics related to the study of beauty in art and nature. The translations are organized into four parts. The first, "The Introduction of Aesthetics," (...) traces the formation of notions of "beauty," "culture," and "art" in Japan. It includes discussion of the creation of the museum in Japan and the frenetic efforts of Nishi Amane, Okakura Tenshin, Ernest Fenollosa, and Mori Ogai to introduce German, British, and French aesthetic thought to the Japanese. This is followed by three sections that examine the transformation of the aesthetic field into an academic discipline that flourished at three major Japanese universities. "Aesthetics at Waseda University" begins with an essay on the spiritualism and idealism of Onishi Hajime and continues with essays on the impact of German Lebensphilosophie ("philosophy of life") on Shimamura Hogetsu and Takayama Chogyu, and work by the major Waseda aesthetician of the twentieth century, Aizu Yaichi. Thinkers of the Tokyo School adopted a "scientific" method in the study of art theory. Part 3, "Aesthetics at the University of Tokyo," focuses on the ideas of Otsuka Yasuji (holder of the world’s first Chair of Aesthetics), Onishi Yoshinori, Watsuji Tetsuro, Abe Jiro, Takeuchi Toshio, and Imamichi Tomonobu. The section concludes with a look at the contemporary philosopher Sakabe Megumi. The last section, "Aesthetics at the University of Kyoto," includes essays on Nakagawa Shigeki and Fukada Yasukazu, pioneers in the field of aesthetics, and on the philosophy of art of the "Kyoto School," which was deeply inspired by the thought of Nishida Kitaro. Finally the work of Kuki Shuzo, an influential teacher of Western philosophy at the University of Kyoto, is examined. A History of Modern Japanese Aesthetics is a companion volume to Modern Japanese Aesthetics: A Reader (UH Press, 1999). (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

The galvanising purpose of Federation was the creation of the Commonwealth and the distribution of power between it and the former colonies, simultaneously elevated to Statehood. But beyond this simple fact, consensus about Australian federalism has traditionally been elusive and is, if anything, only increasingly so. While the contemporary political debate over federal reform proceeds from a shared sense that our existing arrangements have manifest shortcomings, there is far from unanimity as to which of its particular features are strengths, (...) and which are deficiencies. The structure of this paper is as follows. In Part II, the range of understandings as to the character of the federal relationship between Australian governments is canvassed. Consideration is given to the views of the Constitution’s Framers and commentators, but most centrally to members of the High Court since these have brought about great change in federal arrangements. The significance of the Court’s marked preference for adhering only to constitutional structure and its inability or unwillingness to develop ‘a federal jurisprudence’ is examined in two respects. First, the effect of the Court’s arid Engineers’ Case methodology has been to reject any suggestion that fidelity to a concept of ‘federal balance’ is consistent with both the contents and purpose of the Constitution and also the principles of divided government. Particular consideration is given to the limitations of a commitment to federalism in only a structural sense, as revealed by the judicial reasons of the majority and dissenting judges in the recent case of New South Wales v Commonwealth. Second, the tension between competing assumptions of the kind of federal system established by the Commonwealth Constitution has produced an unstable and uncertain environment for the development of cooperative schemes between the Commonwealth and States. In Part III we consider how an attempt to ‘constitutionalise’ the relationship between the tiers of government as one underpinned by cooperation and respect would impact on the Court’s approach. Drawing on foreign constitutions, and adapting these in light of Australia’s politico-legal conditions and history, we suggest how a commitment to cooperative federalism might best be shaped for possible inclusion in the Commonwealth Constitution. (shrink)

The article explores some aspects of the intellectual climate of the first half of the nineteenth century and the new ideas about race and national identity. These in turn help to explain contemporary changes in historical perspective, particularly in respect to the English Reformation. Disraeli‘s novels reflect the ideas of the time on the above topics and echo contemporary historians in their views on the Reformation, its causes, and the religious and social changes that it brought about.

In the first part, the author characterizes the fundamental contents (principles) of the constitutional state. In the second part, he describes the necessary reforms both at the level of the national constitutional state and at the global and humanity level. In the third part, he examines the methods and procedures of reform in the constitutional state, analysing: a) constitutional formation or complete revision; b) constitutional amendments or partial revision; c) parliamentary constitutional (...) legislation; d) constitutional interpretation; e) government and non‐governmental “outlook” commissions. (shrink)

Probably written by a student of Aristotle, The Athenian Constitution is both a history and an analysis of Athens' political machinery between the seventh and fourth centuries BC, which stands as a model of democracy at a time when city-states lived under differing kinds of government. The writer recounts the major reforms of Solon, the rule of the tyrant Pisistratus and his sons, the emergence of the democracy in which power was shared by all free male citizens, and the leadership (...) of Pericles and the demagogues who followed him. He goes on to examine the city's administration in his own time - the council, the officials and the judicial system. For its information on Athens' development and how the democracy worked, The Athenian Constitution is an invaluable source of knowledge about the Athenian city-state. For more than seventy years, Penguin has been the leading publisher of classic literature in the English-speaking world. With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators. (shrink)

Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name (...) and reinforces the widespread suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform but avoid majoritarian and populist pathologies. (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring (...) diagrams as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (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)

In this article I will address the critical question of the constitution of global systems and the part played in such processes by what is often summarized as culture. I examine the important distinction between culture and globalization and culture as constitutive of global social relations. The need to cleave to a systemic treatment of globality is put, while noting the dangers that lie in one-dimensional accounts of global system constitution. To offset any such tendency I explore the constitution (...) of global systemness from a structurationist perspective. I outline the nature and significance of culture in the study of global systems, drawing attention to different literatures. Finally I underscore the importance of the cultural turn in the study of global systems and what has to be done to take full advantage of it.In what follows I will address the critical question of the constitution of global systems and the part played in such processes by what is conveniently – if sometimes unhelpfully – summarized as “culture”. By global systems I mean networks of interaction and meaning that transcend both societal and national frames of reference. I want to shift the emphasis away from an under-theorized focus on cultural globalization to a consideration of global systems as enacted in part through cultural processes. In other words, I do not want to conflate the conjunctional features of contemporary (cultural) globalization with culture as the realm of lived experience integral to the enactment of all social-systemic relations. In some respects this approach may be seen as part of a shift – perhaps a paradigm shift – in how we understand the space of the social, and in how, or whether, we construe the global as the constitutive of all social relations (Beck 2003; Shaw 2003). I will begin with a mild polemic against a well-known systemic account of world-making forces that highlights some of these issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Reception of Husserl’s Phenomenology in Japanese PhilosophyShinji HamauzuWhen we talk about the influence of Husserl’s phenomenology, we should discuss in advance what can justify this talk. When we mention keywords— for instance, intuition of essence, intentionality, inner time-consciousness, rigorous science, natural attitude, phenomenological reduction, transcendental phenomenology, noesis-noema, my living body, genetic phenomenology, empathy, intersubjectivity, life-world, and so on—which keywords should we use when talking about the influence (...) Husserl’s phenomenology had on Japanese philosophy? But we should also ask the following question as well: Which of Husserl’s texts could be available for scholars of Japanese philosophy? Interestingly, there were few works, beyond attending Husserl’s lectures, that one could access, because he only published six books and six articles while he was alive. After Husserl died in 1938, many manuscripts were rescued from the Nazi’s hands and placed at Leuven University in Belgium where the Husserl Archive was first established. The manuscripts were edited and published as Husserliana beginning in 1950 (which now has 42 volumes). Given this, we can think of Husserl’s work as consisting of two periods: the period before and the period after the publication of Husserliana.I myself am interested in the problem of “intersubjectivity” within Husserl’s phenomenology. It is on the one hand the problem of “other-experience (Fremderfahrung)”—i.e., “how I experience the other”—which is the problem of other-experience in the empirical dimension. But it is on the other hand the problem of “intersubjective constitution”—i.e., “how the objective world is the correlate of intersubjective constitution through other-experience,”1 which is the problem of how the other participates in the transcendental dimension. It is characteristic of Husserl’s phenomenology that these two problems are discussed together inseparably. [End Page 1]The manuscripts on the problem of “intersubjectivity” from 1905 to 1935 are collected in volumes XIII to XV of Husserliana. Although the fifth meditation of Cartesian Meditations (first published in French translation in 1931) is often mentioned as the representative work on this theme, it is no more than the tip of the iceberg after Husserl struggled for many years on this problem. The genesis of this theme in the manuscripts dates back to 1905 when terms such as “other” (ein Anderer) and “foreign” (fremd) appeared in manuscript 1, or terms such as “empathy” (Einfühlung) and “intersubjective” appeared in manuscript 2. Husserl wrote later that he had discussed this theme to a relatively large extent in the lecture Fundamental Problems of Phenomenology (Hua XIII) in 1910–1911. In the period of 1905–1910, after the “problem of intersubjectivity” was first introduced, we can also find the idea of “phenomenological reduction” appear for the first time in the literature. This tells us that the problem of intersubjectivity and the idea of phenomenological reduction were born as two sides of the same coin.When Husserl’s phenomenology was first introduced to Japan, Japanese scholars were already reading the first volume of Ideas Pertaining to a Pure Phenomenology and to a Phenomenological Philosophy, where the “intersubjective world” is thought to refer to a “correlate of experience mediated by empathy,”2 and so the task is to clarify the “intersubjective constitution of the objective world.”3 However, when we consider Husserl’s influence in the history of Japanese philosophy and examine whether the problem of intersubjectivity is discussed as a fundamental problem of philosophy, it can be doubted, in my opinion, whether or not there were any researchers who ever faced this problem seriously. In what follows, I survey several generations of philosophers in Japan who engaged with Husserl’s rehabilitation, to investigate the problem of intersubjectivity in his reception and extent of his influence.Nishida Kitarō’s Interest in PhenomenologyNishida Kitarō (1870–1945) looked back at the revision of his first book in 1936 and wrote,The standpoint of this book [An Inquiry into the Good (1911)] is that of consciousness, which might be thought of as a kind of psychologism... I came to realize that it is not that experience exists because there is an individual, but that an individual exists because there is experience. I... (shrink)

The present paper is an attempt to study the acts and intentions which set up for the subject, and for the community of subjects, a set of values and disvalues which impose themselves as valid upon everyone, and which everyone must tend to prescribe, or to warn against, for everyone. The acts which set up a formal apophantic and ontology have been studied by Husserl in his Formal and Transcendental Logic , but he has not set out a comparable theory (...) of the acts which set up a universally valid system of values and disvalues. He has not done so because he does not believe in such a system, because his thought goes no further than the values set up for and felt to hold in a given group or society. It is my view that there is an ineluctable progress from these relativistic group-values to a set of values and disvalues holding for everyone, and that moreover in their relation to everyone, and that these values and disvalues have definite and undeniable shapes and locations, even if these shapes also have somewhat nebulous contours. The views I am expounding on this occasion are not new: they are fully set out in my Values and Intentions and my Axiological Ethics and in other writings. Ideas, however, require restatement at intervals, with a suitable change of idiom and emphasis. And I feel my views on this topic to have a claim to truth simply because, quite differently from my views on other topics, and despite constant reflection, they have hardly changed over the last two decades. The inspiration for these views was only in part Husserlian, as I do not think that the emotional and the axiological are really Husserl's strong suit. Strangely enough, that dry thinker Meinong would seem to have had a much richer emotional life and the ability to frame a theory to fit it, than the much easier and at times effusive thinker Husserl. Meinong's 1917 Austrian Imperial Academy treatise, On Emotional Presentation , recently translated for the Northwestern Phenomenology series, is a much more systematic investigation of the presuppositions of value-theory than any writing of a professed phenomenologist. What I have to say will build considerably on Meinong, always a major influence in my thought. But I have also been much influenced in my approaches to value-theory by the transcendental methods of Kant. Kant, I think, could very well have worked out a transcendental deduction of the heads of value and disvalue, a deduction much more illuminating than the dogmatic intuitionism of Scheler and Hartmann, instead of producing the arid triad of categorical imperatives that were all that he actually deduced. Imperatives, I consider, are secondary structures in value-constitution: the primary structures are the ultimate objects of necessary, rational pursuit and avoidance which Kant wrongly thought of as involving heteronomy and a corruption of pure form by matter. There is, I shall argue, nothing more free from extraneous, pathological material than the objects of the pursuits and avoidances in question. (shrink)

ExcerptIn the spring of 2021, the president of the European Council, Charles Michel, received a non-paper titled “West Balkans—A Way Forward.” The scandalous paper envisaged a redrawing of several national borders in the West Balkans. Among other changes, it proposed “the unification of Kosovo and Albania” and the “joining of larger parts of the Republika Srpska’s territory with Serbia.”1 However, this scandalous proposition, which the EU preferred to meet with silence, was not limited to a redrawing of the borders. What (...) was also scandalous was the ratio of the proposed territorial changes. The redrawing was proposed along the lines of ethnic majorities populating the regions in question (Albanians in Kosovo or Serbs in the Republika Srpska). While the state borders were drawn following a logic of ethnicity, the idea of a multiethnic nation seemed to exceed the imagination of the paper’s authors. For them, nations were to be ethnically homogeneous. (shrink)

The foremost aim of this paper is to realize the fourth part of the Aufbau. This part, which provides an actual phenomenalistic constitution system, is interpretable from a Kantian perspective (§§1-4). But Carnap plotted to overcome Kant’s old style of philosophy as well. We review this aspect of his constitution, focusing on space (§§7-13) and time (§§5-6), especially.

What is a disaster? This paper explores the different hermeneutic levels that need to be taken into consideration when approaching this question through the case of Japan. Instead of a view of disasters as spatiotemporal events, we approach disasters from the perspective of the milieu. First, based on the Japanese «dictionaries of disasters», the Japanese vocabulary of disaster is described. Second, this paper reviews briefly the Japanese interdisciplinary disaster-management tradition. To highlight the human-made aspect of disasters, the (...) idea of fūdo 風土 is introduced. This concept allows us to see disasters as a phenomenon of the milieu, which emerges from the co-constitutive relations between individuals, communities, and the local environment. The final part debates the narratives by some national and international political actors that link «Japanese identity and culture» to disaster management and sometimes include nationalist claims rooted in the essentialization of the «Japanese exception». Given the cruciality of sociocultural and political representations of disasters tied to identity politics, and the increasing frequency and intensity of disasters, a long-term, local people-focused and culturally sensitive perspective on disasters might be better adapted to the climate change era. (shrink)

The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in legal and political (...) thinking. Indeed, the European Union has some constitutional elements, but absence of the so called ‘European demos’ prevents us from recognizing the founding treaties as a real ‘European constitution’ in the proper sense of the word. The author agrees with the decision to exclude the term ‘Constitution’ from the title and contents of the new Reform Treaty. The author also suggests that softer terms, like ‘European constitutional order’ and ‘European Constitutionalism’ might better reflect the scope of contemporary European integration than the term of ‘a Constitution for Europe’. A rethinking of the ‘constitutional core’ of the Lisbon Treaty was inspired following the so-called Lisbon judgments of Czech, Latvian and German constitutional courts. (shrink)

L’exposition d’art dans des paysages est devenu populaire au Japon, avec la multiplication récente de festivals d’art locaux. Dans ces festivals, qui attirent chacun des centaines de milliers de visiteurs, coexistent des œuvres hétérogènes. Certaines sont des sculptures autonomes, d’autres des installations qui se fondent dans le paysage, et d’autres encore sont des œuvres de type « art relationnel ». Bien que ces œuvres in situ affirment leur lien essentiel avec le site naturel rural et avec le corps du spectateur (...) — constituant un événement, une expérience, une rencontre éphémère —, les relations avec le site comme avec le visiteur sont complexes et ambigües. Il y a des œuvres in situ, mais parfois aussi in aliquo situ : des œuvres qui peuvent être installées n’importe où. Qu’est-ce qui attire les visiteurs dans ces expositions? Quels sont donc la nature et le mérite de leur localisation? Si les visiteurs apprécient de voir des œuvres dans ces paysages cela peut être en partie lié au principe japonais traditionnel d’expérience des lieux dit meisho-meguri, ou « pèlerinage vers des sites célèbres ». Cette pratique issue du Moyen Âge est associée historiquement au sacré. Aujourd’hui ce pèlerinage prend la forme du tourisme moderne mais conserve un sens traditionnel invisible car les visiteurs se déplacent à travers une série de lieux géographiques selon un jeu culturellement codé. Selon nous, dans le cas des visites d’œuvres d’art en zones rurales, l’appréciation des œuvres d’art participe à ce même jeu traditionnel de se déplacer physiquement dans une série de lieux. Cette dimension spirituelle implicite modifie à son tour la perception des œuvres. Ainsi on dira que la pratique japonaise de visiter ces expositions d’art in situ témoigne de la survivance d’une tradition, et constitue ainsi un système alternatif d’expérience esthétique. The installations of artwork in natural landscapes have become popular in Japan with the recent increase in local art festivals. In these art festivals where hundreds of thousands of visitors gather, heterogeneous installations coexist; some are autonomous sculptures, some are fused into the natural landscape, and some belong to “relational art”. Although most works assert the essential quality of their location, and the experience as “an event”, their relationships to the rural areas and to the body of the visitor are complex and ambiguous. Some works are really in situ, but some are in aliquo situ—that is, works that could be installed anywhere. What attracts visitors to these exhibitions? Hence what is the nature and merit of the location? What is the relation to the visitor’s bodily presence? If visitors enjoy the site-specificity of the artwork this may be linked to the traditional Japanese system of experiencing places as meisho-meguri—i.e. “a pilgrimage to a series of famous sites”. This practice comes from the Middle Ages and was by then spiritual. While today these pilgrimages appear as a form of modern tourism, they retain a culturally coded character because visitors’s journey is like “a game of visiting a series of geographical places”. According to me, in the case of the visit of artistic sites, the appreciation of the artwork participates in this same game of bodily displacement to a series of places. This implicit spiritual underpinning conversely modifies the visitor’s perception of the works. Thus I propose that visiting artistic sites in natural settings in Japan appears as informed by this Japanese particular tradition, and thus constitutes an alternative system of contemporary aesthetic experience. (shrink)

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. (...) The critical reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

The concept of the ‘island’ constitutes a unique theme in Deleuze's thought: desert islands and perversion, continental islands and isolated islands, the connection between the emergence of life and orogeny, the relationship between imagination and islands, and the sea as a rhizome. To think from this point of view on Japan, it is neither an isolated island nor an oceanic island in Deleuze's sense. Rather, it is a place where a unique stratum of thought has accumulated like a multilayered plateau. (...) Japan has often been portrayed as a malignant kind of rhizome, as an oriental land, a land of animism. However, the Japanese islands, as part of the Pacific Rim island arc, and, on the other hand, as a place which bears the forces from the continent, can also be depicted as a manifold location, bearing the rhizome called the sea in a unique way. Not only does it have only a virtual signifier = signifiant of One-ness, but it can also be said to hold multiple strata of signifiers = signifiants within its arc between the continent and ocean. My aim in this paper is to explicate this place called ‘Japan’ as a case study of what Deleuze calls geophilosophy in his last book with Guattari, What is Philosophy? (shrink)

The purpose of this volume is to help develop, through a variety of exploratory essays, the art and science of institutional design. The authors look at a variety of good societies as artifacts, as products—at least partly—of design, and consider how such societies can be crafted. They identify themselves with the New Constitutionalism movement, which aims to develop and promote the knowledge necessary for institutional reform and institutional creation through understanding the designer's, creator's, founder's, or reformer's perspective. The first (...) class='Hi'>part of the volume considers some of the boundaries of what is humanly possible in politico-economic designs and the role in them of deliberation and the processes of adapting to limits. The second part considers different ways of exercising constitutionalist judgment analyzing a variety of cases, including general visions of the good society. Looking at whole societies, and at complexes of institutions, complements and informs the picture of the institutional microscale. Understanding the microscale, on the other hand, often makes the difference between empty slogans and realistic political proposals. Contributors are Karol Edward Soltan, Elinor Ostrorn, Viktor J. Vanberg, James lvi. Buchanan, John S. Dryzek, Charles 'X". Anderson, Stephen U. Elkin, Car Alperovirz, and Philip Green. (shrink)

This paper starts with questioning the traditional approach to the so-called intercultural communication. Most students of intercultural communication, it seems, use the categories characterising a cultural or ethnic identity, such as Western, Indian, European, Aboriginal and the like, as parameters by reference to which some distinctive phenomena observed in conversational materials should be explained. Even though they may apply these categories correctly, they do not take into account the relevancy of these categories in each interaction.The aim of this paper is (...) to demonstrate that being a Japanese is achieved interactively and that interculturality of intercultural communication is constituted in and through the actual course of the interaction. In the analysis of interviews conducted with foreign students in Japan, it can be seen that the interviewer and the interviewee had to keep on coordinating their conduct throughout the development of their interaction in order that they could be a Japanese and a foreigner relevantly. In this way, what, in the studies of intercultural communication, is presupposed to be simply given, that is, the fact of a person being a Japanese or the like, is shown to be analysable and investigable as an interactive phenomenon in its own right. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory (...) asks the question whether these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans for constitutional reform or revolution. Frequently, normative constitutional theories are criticized on the ground that they are undesirable, unwise, on inconsistent with the best theories of political morality and legitimate legal authority, but sometimes one hears a very different form of criticism, expressed in locutions such as the following: That is unrealistic. That's not possible. That is pie in the sky. You are imagining castles in the air. Your suggestion is utopian. That isn't feasible. These objections invoke the idea of ephemeral constitutional possibility - constitutional options that are not real or actual possibilities. What are our constitutional possibilities? How should we think about the feasible choice set for constitutional change? What are the differences between ideal and nonideal theory? What role should the ideas of path dependency and second best play in constitutional theory? These inquiries cross the lines between normative, positive, and conceptual constitutional theory. At the conceptual level, we can ask what phrases like constitutional possibility, ideal theory, and the feasible choice set mean. At the level of positive constitutional theory, we can ask about the forces and institutions that condition constitutional possibility. At the level of normative constitutional theory, we can ask about the implications of constitutional possibility for political morality. Constitutional Possibilities proceeds as follows. Part I introduces the idea of ephemeral constitutional possibilities. Part II will cobble together a conceptual toolkit for thinking about possibility and necessity in constitutional theory: the tools include: (a) the distinction between ideal and nonideal theory, (b) the notion of a constitutional second best, and (c) an introduction to possible-worlds semantics. Part III will explore the implications of the resulting proto-theory of constitutional possibility in two stages: stage one will investigate the normative implications, whereas stage two will reconnoiter a set of standards for making modal claims in constitutional arguments. Part IV provides a case study in constitutional possibility by examining Sanford Levinson's proposal for a constitutional convention. Part V concludes with the problem of false constitutional necessity. (shrink)

In the case of Japan, we accepted the Chinese philosophy of morality when we received the Chinese character Yi: it means responsibility to Heaven (vertical) and, at the same time, responsibility to community (horizontal). An act having this structure might be our responsibility as human beings: yi means “justice”, keeping balance between Heaven and Earth. The Japanese people had such a balance until the Edo era. In 1868, when the Meiji Restoration occurred, the Japanese government tried to accept (...) Western ideas. Cyoumin Nakae introduced the Western philosophy of law and the constitutional system. He translated Rousseau’s The Social Contract into Japanese and gave a series of lectures on the social contract. The fundament of his thought is concentrated in the “rights of Liberty”. He emphasized transcendental liberty beyond personal, phenomenal liberty and found the same structure in Mencius. His idea of ft suggests the way of justice. Unfortunately, this idea was crushed with the death of his talented disciple in prison. After the book of Bushido, ft was only translated as “duty” for the community (horizontal), and we lost the vertical perspective: transcendental liberty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reconfiguring Modernity: Concepts of Nature in Japanese Political IdeologyWilliam R. LaFleurReconfiguring Modernity: Concepts of Nature in Japanese Political Ideology. By Julia Adeney Thomas. Berkeley, Los Angeles, and London: University of California Press, 2001. Pp. xvi + 225.Books written by persons who self-identify as intellectual historians usually lend themselves more easily to review in history journals than in those that focus on philosophy. Reconfiguring Modernity: Concepts of (...) Nature in Japanese Political Ideology, Julia Adeney Thomas' study of certain Meiji period thinkers is such a book. In 2002 it was awarded the John K. Fairbank Prize in history. Taking a cue to step into her topic from an early essay by Robert Bellah, one in which he had written that "the concern for nature has been a pervasive one in much of modern Japanese thought,"1 Thomas specifies her own search: "It is now time to recover the historical mutability of that concept, and to describe precisely its politics at particular moments in Japan's confrontation with modernity, both within the dominant ideology of the moment and with the alternatives to it" (pp. 30-31).Thomas is among those American students of Japan apparently trained to challenge the massive amounts of excavational scholarship and mile-high reputations of Japanese scholars of Japan. She picks arguments with some of the most highly respected Japanese minds of the twentieth century: the late Maruyama Masao, the late Ienaga Saburō, and Matsumoto Sannosuke.Although Thomas' criticisms tend to focus on those portions of the works of these prolific scholars that have been translated into English,2 some of her criticisms are certainly interesting and possibly valid. For instance, Maruyama, "who repeatedly excoriated Japan's reliance on the political authority of nature (shizen) " (p. 16), envisioned modernity, surely desirable, as involving a move "against Chu Hsi Confucianism"—that is, "an inevitable turning away from nature (shizen) to invention (sakui)" (p. 17). Nevertheless, Maruyama's hero, Ogyū Sorai (1666-1728), had understood "the narrative of modernity" but, tragically, stepped "back from invention at the critical moment, unable, it would seem, to embrace it as the culmination of the historical process" (p. 19).Thomas, rightly I think, indicates that most left and liberal thinkers in Europe and America in the early and mid-twentieth century were skeptical of an invocation of the "natural" in the making of political theory.3 However, she stakes a claim to being part of a different generation, one that rejects the old binary opposition between nature and culture—as well as the further assumption that Western political thinking had successfully disengaged itself from invoking the category of what is natural. Taking a cue from Stephen Toulmin's demonstration of how many of Europe's modernizers embraced and used, rather than rejected, concepts of nature,4 Thomas claims that, at least for us who now live "'on the far side of modernity,' nature can be seen [End Page 172] as multivalent rather than the antonym in a series of binary opposites." In practice this means that for us now, "nature can no longer appear synonymous with the anti-modern, the past, the oppressive, or the Orient" (p. 25).I ask that the reader highlight the sentences above. They constitute what in my view is the most important and by far the most interesting move made in Refiguring Modernity. I will return to them below. First, however, I will recapitulate the progression of the book's chapters. They move in the pattern of linear history. The first, discussed already and titled "The Trouble with Nature," introduces the problem. The second, "The Topographical Imagination of Tokugawa Politics," deals with thinkers of the Tokugawa (Edo) period (1600-1868). Theirs was an era during which, although Chinese claims to being both topographically and morally central had long been dutifully accepted in Japan, strong-thinking Japanese argued that China's frequent dynastic changes demonstrated that "centralness need not be possessed physically to be enacted morally" (p. 42). By outdoing contemporaneous Chinese in terms of being Confucian, Neo-Confucian, or whatever it was that had its origins in China, Japanese and in some sense Japan as a whole were imagined to be the "real China."5... (shrink)

This paper builds a three-part argument in favour of a more transcendentally focused form of ‘postphenomenology’ than is currently practised in philosophy of technology. It does so by problematising two key terms, ‘constitution’ and ‘postphenomenology’, then by arguing in favour of a ‘transcendental empiricist’ approach that draws on the work of Foucault, Derrida, and, in particular, Deleuze. Part one examines ‘constitution’, as it moves from the context of Husserl’s phenomenology to Ihde and Verbeek’s ‘postphenomenology’. I argue that the (...) term tends towards different senses in these contexts, and that this renders its sense more problematic than the work of Ihde and Verbeek makes it appear. Part two examines ‘postphenomenology’. I argue that putatively ‘poststructuralist’ thinkers such as Derrida, Foucault, and Deleuze may be better characterised as ‘postphenomenologists’, and that approaching them in this way may allow better access to their work from a philosophy of technology perspective. Part three argues for a ‘transcendental empiricist’ approach to philosophy of technology. In doing so, it argues for a rewriting of contemporary philosophy of technology’s political constitution: since an ‘empirical turn’ in the 1990s, I argue, philosophy of technology has been too narrowly focused on ‘empirical’ issues of fact, and not focused enough on ‘transcendental’ issues concerning conditions for these facts. (shrink)

There are three conditions which an item has to fulfill in order to be listed into an inventory. Based on those three conditions, the logically basic entities are introduced: they are points, sets, and collections. These logically basic entities are related with three different logical relations, i.e., “is an element of”, “is a subset of”, and “is a part of” –relations, to constitute concepts. Those three logical relations have different relational properties, and thus they are to be distinguished. The (...) logically basic entities are said to exist whereas the concepts constituted by them are said to subsist. One of the most important results is that we should not mix two inventories together, since otherwise inconsistencies follow. (shrink)

In several of John Dewey's works on education, including Democracy and Education and The School and Society, he models the ideal school after the ideal community, conceiving the former as a microcosm of the latter. More recently, James Fishkin in Democracy and Deliberation and The Voice of the People renders a deliberative poll design with an eye to making its randomly selected deliberators representative of much larger groups, and in this way microcosms of the population-at-large. Thus, the smaller group deliberates (...) as if it were the much larger population assembled together to deliberate in mass-scale citizen assemblies. Although random selection is not widely accepted as a legitimate method for selecting political representatives, it has many desirable features, the most important of which is its ability to constitute bodies that resemble, and in this sense, represent larger populations. This last notion that smaller deliberative bodies can perform as if they are the larger populations represented-which I call the 'microcosm concept'-is not distinctly American, though many commentators trace it back to the musings of John Adams and some of the Anti-Federalists. In this paper, I argue that insights derived from Dewey's model of an educational microcosm can be appropriated and employed as resources to defend Fishkin's model of a deliberative microcosm against contemporary critics, such as Robert Goodin and Cass Sunstein. Besides defending Fishkin's deliberative poll design against its critics, I also argue that a Dewey-Fishkin partnership can help to improve actual deliberative institutions. I show how the Dewey-Fishkin microcosm concept operates in an actual deliberative event: the Ontario Citizens' Assembly on Electoral Reform, whereby a group of randomly-selected citizens were assembled and charged to deliver recommendations on whether to change the existing electoral system in the Canadian province of Ontario. (shrink)