Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation arising from (...) our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and misguided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theoretically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any particular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open! (shrink)

Quite different from translation for general purposes, transplanted legal discourse is often unmatchable to the target discourse community. In reality, exact equivalence could not be found in terms of translation in legal transplant, which means the major task of translation in legal transplant is to solve lacunae, discursive gaps between the source text and the target text. In legal translation, a lacuna seems to constitute a factor of untranslatability. This paper, based on a study of four cases, argues that equivalence (...) can be achieved within the proposed Translational Triangle. The sociosemiotic approach is adopted in this study to explore the complexity in legal translation, and provide insights into legal translation, both theoretically and practically. (shrink)

It is widely held in translation studies that translation proper is not merely a process of linguistic transfer but also of cultural transfer. But how cultural transfer is effected or whether it can be effected is not at all clear. The study begins with a critical analysis of the problems relating to law translation in general and translating the common law into Chinese in particular. It then examines the nature of cultural transfer in law translation with special reference to the (...) translation of common law terminology. The study purports to set out the framework for legal translation as cultural transfer, in particular, for translating the common law into Chinese in Hong Kong. It argues that successful transfer of the legal culture of foreign laws always requires the adjustment of translating language and the employment of metalanguage. (shrink)

Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign does not have any inherent meaning, and its meaning (...) can only exist in the relationship with other signs or sign systems. In other words, a legal term only denotes in a particular temporal and spatial context. Through this study, we conclude four propositions about a legal term as a sign: first, the connection of a legal term with a legal concept is relatively arbitrary; second, the meaning of a legal term exists in a sign system; third, a legal term can be subject to multiple interpretations; fourth, the defining of a legal term may be affected by other sign systems. (shrink)

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...) This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process. (shrink)

While a much investigated concept because of its importance in shaping human discourse, modality has still not been given an agreed understanding. Using authentic Chinese court judgments in Hong Kong, this paper aims to unravel the complexity of modality as exemplified in its usage in the legal domain. It examines formal, semantic, and functional approaches to modality, showing their weaknesses in identifying and explaining modality in legal discourse. It proposes a socio-semiotic approach as an alternative for giving us a better (...) understanding of modality in respect of its meaning and function in our language as a sign system. (shrink)

The paper explores Pascal’s idea according to which the teachings of the Church assume the hiddenness of God, and, hence, there is nothing surprising in the fact of the occurrence of nonresistant nonbelief. In order to show it the paper invokes the doctrines of the Incarnation, the Church as the Body of Christ, and the Original Sin. The first one indicates that there could be greater than nonbelief obstacle in forming interpersonal bonds with God, namely the ontological chasm between him (...) and human persons. The assumption of the human nature by the Son of God could be seen as a cure for this problem. The doctrine of the Church shows it as an end in itself, and in order for the Church to have meaning and to exist there has to be nonbelief in the world. Finally, the dogma of the Original Sin shows that there is no category of purely nonresistant nonbelief. The paper also addresses Schellenberg’s “accommodationist strategy” from the perspective of the Christian theology and in the last part it investigates what should be the influence of the fact of the hiddenness on theology’s take on the divine revelation. (shrink)

Augustine and Anselm form a common tradition in mediæval thought about angelic sin, a tradition rooted in patristic thought and centred on their attempts to give a philosophically coherent account of moral choice. Augustine concentrates on the reasons and causes of angelic sin, especially in reference to free will; Anselm adopts Augustine’s analysis and extends it to issues about the rationality of sinful choice. Each takes Lucifer’s primal sin to be the paradigm case. Lucifer, undistracted by bodily desires and unencumbered (...) by history, committed the first moral misdeed in an entirely good universe newly created by an entirely good God. The challenge is to give a philosophical account that permits us to understand how the best and brightest of all angels nevertheless made a sinful choice in such uniformly positive circumstances. (shrink)

The paper explores Pascal’s idea according to which the teachings of the Church assume the hiddenness of God, and, hence, there is nothing surprising in the fact of the occurrence of nonresistant nonbelief. In order to show it the paper invokes the doctrines of the Incarnation, the Church as the Body of Christ, and the Original Sin. The first one indicates that there could be greater than nonbelief obstacle in forming interpersonal bonds with God, namely the ontological chasm between him (...) and human persons. The assumption of the human nature by the Son of God could be seen as a cure for this problem. The doctrine of the Church shows it as an end in itself, and in order for the Church to have meaning and to exist there has to be nonbelief in the world. Finally, the dogma of the Original Sin shows that there is no category of purely nonresistant nonbelief. The paper also addresses Schellenberg’s “accommodationist strategy” from the perspective of the Christian theology and in the last part it investigates what should be the influence of the fact of the hiddenness on theology’s take on the divine revelation. (shrink)

[1] In twelve quite demanding chapters, outstanding scholars provide an overall view of the key issues of Scotus’s philosophical thought. To this a very concise introduction is added, concerning the life and works of John Duns (very good, especially the survey of works and the information on critical editions etc.). Throughout the book, I find the information clear and the difficult topics well explained. Moreover, the volume gives a quick entrance to the vast literature. Among the topics discussed are: ‘Metaphysics’ (...) (Peter King), ‘Universals and Individuation’ (Timothy Noone), ‘Modal Theory’ (Calvin Normore), ‘Natural Theology’ (James Ross & Todd Bates), ‘Philosophy of Mind’ (Richard Cross), ‘Cognition’ (Robert Pasnau), ‘Moral Dispositions’ (Bonnie Kent). What strikes the eye is the absence of important theological subjects: Trinity, Christology, sin and grace, to name a few. Since the cover text promises that ‘the essays in this volume systematically survey the full range of Scotus’ thought’, this omission is remarkable. It stems, I guess, from the strict philosophical scope of the series of the Cambridge Companions, but such a limitation should have been recognised explicitly: this companion provides, in fact, an introduction to John Duns’s philosophy—i.e., philosophy in our modern sense. Of course, this separation of philosophical from theological thought is not from Scotus. Most of his innovative ‘philosophical’ ideas are developed in a profoundly theological context! (shrink)

stance, Scotus adopts Anselm’s notion of a ‘(pure) perfection’ and elevates it to a fundamental principle of his metaphysics. Again, he distills Anselm’s Ontological Argument into something like its original Monologion components, and then treats each component part of the argument with a rigor and attention to detail far beyond anything Anselm suggested. In the case of Anselm’s so-called ‘two-wills’ theory, however, Scotus’s revisions are so extensive that they amount to a rejection of Anselm’s account, even though Scotus retains some (...) of Anselm’s terminology. I’ll begin by looking at Anselm’s initial presentation of the two-wills theory in his De casu diaboli (§1), and his later refinements of that account in his De concordia (§2). I’ll then look at Scotus’s deployment, revision, and rejection of Anselm’s theory in his three discussions of angelic sin: Lect. 2 d. 6 q. 2 (§3), Ord. 2 d. 6 q. 2 (§4), and Rep. 2 d. 6 q. 2 (§5). This will be followed by a brief look at whether Scotus’s theory of the self-regulating will is an adequate replacement for Anselm’s account (§6). (shrink)

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and (...) striking insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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The Doctrine of Original Sin seems to require that human nature has literally undergone a change from its prelapsarian to its postlapsarian condition.It is not clear that this claim makes sense. How can human nature, the feature(s) in virtue of which human beings are what they are, change in time? (Think of the parallel claim about √2.) I consider three medieval attempts to resolve this problem: (1) Augustine’s two theories about shared human nature; (2) Anselm’s proposal that original sin is (...) an individual deficiency; (3) the “biological” proposal suggested by Odo of Cambrai and developed by Pseudo-Joscelin. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The King and the Crowd: Divine Right and Popular Sovereignty in the French Revolution Robert G. Hamerton-Kelly Stanford University We French cannot really think about politics or philosophy or literature without remembering that all this— politics, philosophy, literature—began, in the modem world, under the sign of a crime. A crime was committed in France in 1793. They killed a good and entirely likable king who was the (...) incarnation of legitimacy. We cannot not remember that this crime was horrible... When we speak about writing, the accent is on what is necessarily criminal in writing. (Jean-François Lyotard, "Discussion Lyotard-Rorty" 583; quoted in Dunn 165) The condemnation ofthe king is at the crux ofour contemporary history. It symbolizes the secularization of our history and the disincarnation of the Christian God. (Albert Camus, The Rebel 120; quoted in Dunn 140) Susan Dunn makes a well-documented case that the death of Louis XVI was unconsciously understood, especially by the Jacobins, as a human sacrifice that was necessary for the founding of the republic. "Louis must die because the patrie must live," said Robespierre at the king's trial, and the representative Carra considered Louis "the source of corruption and servitude... the fatal talisman ofall our ills" whose death would cause the people to be "regenerated in morality and virtue" (Dunn 15-37). The king was a monster and the source ofall the ills, and his death 68Robert G. Hamerton-Kelly had the power to alleviate those ills and regenerate the nation. This image of the king as sacrificial victim persisted throughout the first half of the nineteenth century in French literature and politics, sometimes assimilating itself to the image of Jesus Christ who died for the sins of the world. Legitimist writers like Joseph de Maistre saw his death precisely in this light as a great Christian sacrifice that would do France and the world good (Dunn 28-37). The king as a sacred monster whose life causes all ill and whose death brings healing is the classic figure of the scapegoat or sacrificial victim identified by René Girard. Susan Dunn recognizes this but because she does not know Girard's mimetic theory she is not able to explain the significance of the scapegoat king. Her work is, indeed, as Conor Cruise O'Brien says in the foreword, a work ofdemonstration rather than argument, of evidence rather than interpretation. I offer a mimetic interpretation ofthe Jacobin claim that the death ofthe king was the human sacrifice that founded the republic, and an argument that a universally operative generative mechanism forged the historical events of the revolution.1 There is no essential difference between the sovereignty ofthe king and the sovereignty of the people. In both cases sovereignty arises from a metaphorical contract that threatens death to anyone who violates it. The royal metaphors are organic while the revolutionary metaphors are legal and rational, but they all express the sacrificial structure ofpolitical power. Revolutionary democracy imports the fiction ofrationality to obscure its sacrificial structure. The desire ofthe general will for contractual equality is a transformation of mimetic desire in search of a victim around which the bad violence ofmimetic rivalry can coalesce into the good violence of sacred order. Sovereignty, therefore, is structurally single and simple; it is violence transformed through the sacred into the powers oforder. Max Weber understood this in general ifnot in its particulars when he defined sovereignty as the monopoly of the means of violence within a single territory.2 1 Mimetic theory was discovered by René Girard. I have given an account of my understanding of it in 7Ae Gospel and the Sacred 129-52. The idea of a mechanism universally operative in human history isjustified in the emerging discipline ofevolutionary psychology. Such mechanisms are the result ofthe interaction ofgenetic and environmental factors in the process of evolution (see Robert Wright). 2 The precise quotation from Weber is as follows: "The state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a The King and the Crowd69 The transition from royal to popular sovereignty is a transformation of the basic pattern of victim and group. The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 347-350 [Access article in PDF] Book Review The Sin of Knowledge: Ancient Themes and Modern Variations, The Sin of Knowledge: Ancient Themes and Modern Variations, by Theodore Ziolkowski; xvi & 222 pp. Princeton: Princeton University Press, $29.95. After thirty-five years of teaching and administrating at Princeton University, dozens of books, and innumerable articles, the eminent Germanist Theodore Ziolkowski has turned his attention to a (...) theme appropriate for someone so immersed in the intellectual life: the sorrow and grief that accompany human knowledge. Although Ziolkowski has made great contributions in standard studies of genre (notably the elegy and the twentieth-century novel) and authors (Mann, Hesse, and Broch), he became especially well known for his theorization and implementation of thematic studies, ranging from the sublime--fictionalizations of the life of Jesus--to the humorous--talking animals in literature. The figures whom Ziolkowski has selected for analysis of the sin of knowledge are Adam, Prometheus, and Faust, each of whom he views through both an ancient and a modern lens.All three of these mythic heroes violate "divine prohibitions against the new knowledge" (p. 69). Less heroically, all of these myths treat women misogynistically. Generally, Ziolkowski sees each of these stories as having emerged in a time of crisis, when new opportunities presented humanity with knowledge both alluring and disruptive. Because these are highly elastic myths, able to provide meaning in a variety of contexts, they have all mutated in modern times. Adam's Fall comes to represent the human transition from innocence to consciousness, Prometheus becomes a symbol for socialism's promise, and Faust turns into a representative of the American way of life.Looking at the ancient legend of Adam, Ziolkowski notes that sexuality and wisdom are linked in many of the oldest texts in humanity's recorded history. The emphasis on knowledge, however, is especially strong in the Hebrew myth. While many Near Eastern traditions have stories with similarities to the Biblical account of Adam and Eve, only Hebrew mythology has the Tree of Knowledge. For Ziolkowski, the fact that this story was probably set down during the reign of King Solomon explains this emphasis on knowledge. Because the Age of Solomon was a time of unparalleled wealth and power for the Hebrews, [End Page 347] Ziolkowski argues that the tale of Adam and Eve is the kind of myth "produced by cultures that have reached a certain level of sophistication... and look back with a degree of nostalgia at an imagined simpler, happier existence" (p. 23). According to Ziolkowski, knowledge becomes a sin for the Hebrews as they come to terms with the limitations of everything that their knowledge has brought them even at the height of their power and glory.In the modern era, Ziolkowski continues, the story of Adam has become secularized, representing the transition of humanity from a state of innocence to one of consciousness. He finds references to the Fall in Voltaire's Candide, Kleist's The Broken Pitcher, E. T. A. Hoffmann's The Golden Pot, Melville's Billy Budd, and Hesse's Demian. The overall trend of these representations of the rise of consciousness has been increasingly negative, culminating in sentiments like those expressed by the East German author Günter Kunter, who argues that "our whole present misery and all the problems of industrial civilization" can be linked to "the moment when man used the first firestone as a tool, the Fall" (p. 107). As Ziolkowski concludes: "Two centuries of secularization have brought the modern Adam to a depressing end" (p. 108).Citing Nietzsche, who compared Prometheus to Adam (and Pandora to Eve), Ziolkowski looks first at Hesiod's depiction of Prometheus as a trickster and then to Aeschylus' hero. Unlike the authors of the story of Adam and Eve, though, Aeschylus depicts Prometheus' claim to divine knowledge in a positive light: "Rather than a humankind declining from a glorious golden age to the present deplorable iron age, Aeschylus sees humanity progressing by means of knowledge--the crafts, arts, and sciences--from blindness and ignorance... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 49-77 [Access article in PDF] The Time of the King Gift and Exchange in Zorrilla's Don Juan Tenorio Joan Ramon Resina There is something paradoxical about José Zorrilla's revision of the Don Juan legend, a certain contradiction between the play's structure and the logic of the action. The character of the protagonist, the form and implications of Don Juan's salvation, the strategies and temporality of (...) seduction, even the play's generic status--all come under the law of self-cancellation. And so does the historical time in which the play is set: the time of absolute monarchy. The proportionality between terrestrial and eschatological time, organic to the play's Golden Age precursor, 1 is strangely neutralized in Zorrilla's work through an expanding temporality without equivalent in the afterlife; and the same is true of the king's dramatic role through his removal from the scene, which he regulates nonetheless as deus ex machina of the social edifice.A nineteenth-century reader, Francesc Pi i Margall, remarked that "Zorrilla hace a Don Juan escéptico o creyente según lo van exigiendo las peripecias de su drama, y merced a esa indeterminación del carácter, le pone repetidamente en contradicción consigo mismo" (Zorrilla makes Don Juan a skeptic or a believer depending on the drama's events, and by virtue of this indeterminacy, he brings his character repeatedly into contradiction with himself) [204]. This indeterminacy affects not only the libertine's relation to religion but also the doctrinal coherence of the play, which has been the object of debate [see Mazzeo; Abrams; Wang; Romero]. Others, curiously, detect a contradiction between the play's sound theological conception and the author, who "quizá no sabe apenas nada de teología" (perhaps knows next to nothing about theology) [Alberich 16]. Yet not only Don Juan's piety but also his seductions appear self-annulling. For Luis Fernández Cifuentes, Zorrilla's most original and thus most revealing decision is "presentar el acto de seducción engañosa en el momento mismo en que deja de serlo: la carta con que comienza el drama participa de una tradición que también cancela. En el curso de la obra, es y no es un instrumento de seducción; sin cambiar de palabras, es a la vez falsa y verdadera... " (to present the act of deceitful seduction at the very moment in which it stops being deceitful: the letter with which the play starts participates in a tradition which it also cancels. Throughout the play the letter is and is not a tool of seduction; its words are at once true and false...) [83]. In the same line of structural contradictions must be included the play's temporality, which runs counter to the causal logic of the action. As Gustavo Pérez Firmat points out: "In Juan's verses normal temporal and causal sequence collapses, for future events are always catching up and outstripping the present, as if time were circular and past, present, and future travelled the circle at different speeds" [7]. Even the play's representativeness as a privileged [End Page 49] instance of Spanish romanticism has been flatly denied in light of its inconsistencies with the patterns of that movement [Gies, "José Zorrilla"]. 2 But perhaps the most telling contradiction is the one between the play's undiminished popularity for almost a century and its author's sedulous efforts to undermine its prestige. 3Author's second thoughts? A repentant artist in ascetic revulsion against mundane acclaim? It seems reasonable to assume a link between the play's popularity and the contradictions to which it gives expression. Thus, taking at face value the tired notion that Don Juan presents a fundamentally Spanish profile, 4 I will inquire whether the play's manifest contradictions are culturally efficient. 5 To this end, I will need to consider a possible incongruity between nineteenth-century forms of consciousness and the objective historical conditions. Joaquín Casalduero already pointed out a discrepancy between historical changes and... (shrink)

The film's rousing opening is a unifying creation myth every Wakandan child surely knows by heart. The characters in Black Panther are not contemplating justice from behind a veil of ignorance, nor applying ideal principles of justice to govern a nascent Wakandan society. Different approaches to achieving justice given that injustice has already happened vie for our consideration. The case for restitutive justice at the museum is pretty strong, but Eric Killmonger does a poor job of it: like his brief (...) reign as king, his corrective justice begets further injustice. Killmonger is not the only character in Black Panther for whom retribution as corrective justice resonates. In Black Panther, T'Challa, Killmonger, and Nakia offer radically different visions for Wakanda after injustice, visions for our hero – and for us – to reckon with. Killmonger insists on what T'Challa wants to ignore, that the people within Wakanda's borders exist in relation to the people outside them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Bonhoeffer and King: Their Legacies and Import for Christian Social ThoughtCharles W. ChristianBonhoeffer and King: Their Legacies and Import for Christian Social Thought Edited by Willis Jenkins and Jennifer M. McBride Minneapolis: Fortress Press, 2010. 304 pp. $25.00Countless books have been written about Dietrich Bonhoeffer and Martin Luther King Jr., assessing their individual leadership in the areas of social justice and theology in the twentieth (...) century. Relatively few works have brought these two individuals together in comparative analysis. This book, edited by Willis [End Page 216] Jenkins (assistant professor of social ethics at Yale Divinity School) and Jennifer M. McBride (visiting lecturer at Candler Divinity School), seeks to do that; it brings together a wide array of scholars in the fields of ethics, theology, pastoral ministry, political theory, African American studies, and feminist theology.As McBride points out in her introduction, the “significant differences in their historic, sociopolitical contexts” can present challenges in comparing the work of these two men and in seeking to contemporize them (8). However, the thought and life of both martyrs “demand[s] action”; in other words, the “thought” of both Bonhoeffer and King remains incomplete without “courageous, constructive, redemptive social engagement” (3). It is in this spirit that the book unfolds.The book is divided into four parts. The first four chapters compose part 1 (titled “Critical Distance”), which takes a broader look at the legacies, key concepts, and limitations or critiques of the thought of Bonhoeffer and King. For example, the second chapter by Stephen R. Haynes (“King and Bonhoeffer as Protestant Saints”) reminds us of the perils of the larger-than-life legacies of both these individuals. When noteworthy persons become personalities or cultural heroes, key aspects of their legacies can be minimized or overlooked. This is particularly important in contemporary American settings where politicians and commentators tend to reduce the legacies of both Bonhoeffer and King to fit their own political agendas.Part 2 pays specific attention to the influence of Bonhoeffer and King on matters related to social justice, such as poverty, racism, and violence. Among the notable contributions in this section is the chapter by Craig J. Slane that deals with the “unexpected turn toward violence” (112) for Bonhoeffer during his involvement in the plot to assassinate Hitler during World War II. Part 3 looks at the ways in which the lives and teaching (and especially preaching, in King’s life in particular) of Bonhoeffer and King are instruments of social redemption. In addition to noting the influence of Niebuhr’s emphasis on social sin and social redemption on King’s preaching and leadership, it points out that both Bonhoeffer and King were deeply influenced by the economic and social upheavals of their time; their preaching, teaching, and writing sought to address, in concrete ways, the racial, economic, and political realities of their contexts. In part 4, “Peacemaking,” four authors highlight the contributions King and Bonhoeffer have made to peacemaking and the influence these contributions continue to have. They discuss both men’s commitment to nonviolence and pacifism and the particular challenges this commitment created for them (especially for Bonhoeffer, given his participation in a plot to overthrow Hitler).The essays in this book do not present these two martyrs as unblemished. The book contains rich discussions that honestly assess their personal struggles [End Page 217] of conscience as well as their contextual struggles with such issues as the role of women. Furthermore, the reader will find a solid introduction to the lives and thought of both men while at the same time sitting in on a diverse conversation about how their influential interpretations of the Christian faith can continue to be fleshed out. May this kind of conversation (and action) continue!Charles W. ChristianMount Vernon Nazarene UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

Belief in propositions has had a long and distinguished history in analytic philosophy. Three of the founding fathers of analytic philosophy, Gottlob Frege, Bertrand Russell, and G. E. Moore, believed in propositions. Many philosophers since then have shared this belief; and the belief is widely, though certainly not universally, accepted among philosophers today. Among contemporary philosophers who believe in propositions, many, and perhaps even most, take them to be structured entities with individuals, properties, and relations as constituents. For example, the (...) proposition that Glenn loves Tracy has Glenn, the loving relation, and Tracy as constituents. What is it, then, that binds these constituents together and imposes structure on them? And if the proposition that Glenn loves Tracy is distinct from the proposition that Tracy loves Glenn yet both have the same constituents, what is about the way these constituents are structured or bound together that makes them two different propositions? In The Nature and Structure of Content, Jeffrey C. King formulates a detailed account of the metaphysical nature of propositions, and provides fresh answers to the above questions. In addition to explaining what it is that binds together the constituents of structured propositions and imposes structure on them, King deals with some of the standard objections to accounts of propositions: he shows that there is no mystery about what propositions are; that given certain minimal assumptions, it follows that they exist; and that on his approach, we can see how and why propositions manage to have truth conditions and represent the world as being a certain way. The Nature and Structure of Content also contains a detailed account of the nature of tense and modality, and provides a solution to the paradox of analysis. Scholars and students working in the philosophy of mind and language will find this book rewarding reading. (shrink)

Megastable chaotic systems are somehow the newest in the family of special chaotic systems. In this paper, a new megastable two-dimensional system is proposed. In this system, coexisting attractors are in some islands, interestingly covered by megalimit cycles. The introduced two-dimensional system has no defined equilibrium point. However, it seems that the origin plays the role of an unstable equilibrium point. Therefore, the attractors are determined as hidden attractors. Adding a forcing term to the system, we can obtain chaotic solutions (...) and coexisting strange attractors. Moreover, the effect of three different values of the forcing term’s amplitude is studied. The dynamical properties of the designed system are investigated using attractor plots, bifurcation diagrams, and Lyapunov Exponents diagram. Phase portraits of the novel megastable oscillator are presented by FPGA design. Xilinx system generator block diagrams of the proposed system and trigonometric functions are also presented. (shrink)

Though the word "atonement" does not appear in King Lear, the concept is present, along with related ones, like sin, justice, redemption, and sacrifice. Like other plays, Lear alludes to various atonement theories, setting them in dramatic conflict or cooperation and subjecting some to critique. Besides revealing the inadequacy of models based on payment or punishment, the play reinterprets the sacrificial theory of atonement by presenting sacrifice (especially that of Cordelia) as gracious and redemptive self-offering, not as a punishment (...) or payment that satisfies anger or offended honor. Though the play’s religious references, including to Christ, are pervasive, ultimately atonement takes place at a human level, in the healing of relationships and inner maladies. Yet such atonement involves what may be called “ethical transcendence,” a transcendence consisting not in an ascent beyond the human condition, but rather in the offering of oneself in relationship and service to others. (shrink)

Hegel’s famous criticism of Laozi in his Lectures on the History of Philosophy, has been a center of controversy in comparative philosophy. It is often regarded as an example of the unfair treatment of Chinese philosophy by its Western counterpart, that the West is measuring the East according to its own standard, imposing on the latter its understanding of what philosophy should be, passing judgment on China that it has no mature philosophy, or, if it has, that it is still (...) in an unsophisticated, primitive stage. However, there has been little serious and detailed discussion about Hegel’s argument in this important and representative document in the dialogue between Western and Chinese philosophy. Most of the .. (shrink)

The metabolic requirements of differentiated neurons are significantly different from that of neuronal precursor and neural stem cells. While a re‐programming of metabolism is tightly coupled to the neuronal differentiation process, whether shifts in mitochondrial mass, glycolysis, and oxidative phosphorylation are required (or merely consequential) in differentiation is not yet certain. In addition to providing more energy, enhanced metabolism facilitates differentiation by supporting increased neurotransmitter signaling and underpinning epigenetic regulation of gene expression. Both epidemiological and animal studies demonstrate that micronutrients (...) (MNs) significantly influence many aspects of neonatal brain development, particularly neural migration and survival, neurite outgrowth, and process maturation. Here we review recent insights into the importance of metabolic reprogramming in neuronal differentiation, before considering evidence that micronutrient signaling may be key to regulating these processes. (shrink)

The tourism economy has become a new driving force for economic growth, and film-induced tourism in particular has been widely proven to promote economic and cultural development. Few studies focus on analyzing the inherent characteristics of the economic and cultural effects of film-induced tourism, and the research on the dynamic mechanism of the sustainable development of film-induced tourism is relatively limited. Therefore, from the perspective of the integration of culture and industry, the research explores the dynamic mechanism of sustainable development (...) between film-induced culture and film-induced industry through a questionnaire survey of 1,054 tourism management personnel, combined with quantitative empirical methods. The conclusion shows that the degree of integration of culture and tourism is an important mediating role that affects the dynamic mechanism of sustainable development of film-induced tourism, and the development of film-induced tourism depends on the integration of culture and industry. Constructing a diversified industrial integration model according to local conditions and determining the development path of resource, technology, market, product integration, and administrative management can become the general trend of the future development of film-induced tourism. (shrink)

This article uses simulation as an empirical method for identifying process models of strategy effects in a category-learning task. A general set of learning assumptions defined a symbolic learning framework in which alternative simulation models were defined and tested. The goal was to identify process models that could account for previously reported data on the interaction between how a learner encounters category variance across a series of training samples and whether the task instructions suggested an active, hypothesis-testing approach, or a (...) more passive learning mode. Descriptive characterizations of active and passive learning were mapped into complementary settings of parameters operating with the general learning framework. Alternative models, defined by different configurations of these parameters, were evaluated on their goodness of fit to the observed data. The signature differences between models that best fit the passive learning data and models that best fit the active learning data concerned a delayed versus immediate learning parameter and a degree-of-match parameter that determined which patterns were retrieved to make category decisions. A functional account of these parameters is given by considering the learning task as a search process and the role of these parameters in localizing the impact of learning mechanisms in certain areas of the search space. Issues related to simulation as an empirical method for identifying candidate process models are discussed. (shrink)

Thomas More's History of Richard III is a metahistory, rich in factual and fictional details. I will discuss More's concept of historiography as a rhetorical art and how his presentation of history transformed details of what was imperfectly known about Richard III into a polemic about what should be believed as an irrefutable truth. More's conception of history is much more amorphous than modern theories. He incorporated classical myths, literature, history, and philosophy along with phantasies, dreams, and oral testimonies to (...) recreate his historical Richard III as a tragic figure. More saw patterns of immoral behavior deeply rooted in the histories of the Plantagenet kings from the twelfth century to 1485 as if the sins of the fathers are repeated by their children. More used his sources, the antiquarian John Rous, the historian Polydore Vergil, and the oral history of Archbishop/cardinal John Morton to prove that the immorality of the Plantagenets, embodied in Richard III, was a curse that will be purged from England by the ascendance of Henry VII. William Shakespeare copied and embellished More's tragic vision of Richard III. Their historical facts and fictions enhanced their moral signification of the rise and fall of Richard III in English history. (shrink)

This paper aims at engaging Kant’s and Schelling’s theories of time in dialogue. It begins with Schelling’s famous criticism of Kant’s theory of time in his Weltalter (Ages of the World). It will examine this question from four main perspectives, namely the unity of time; time and a unitary object of experience;subjectivity of time; and the problem of infinity of time. It will show that Schelling’s criticism may instigate some fundamental reflections on Kant’s theory oftime, the relation between objective and (...) subjective time, and the possibilities of connecting Kant’s different meanings of time in his first Critique. Further, it willshow that despite the fundamental differences between Kant’s and Schelling’s philosophical systems, some of Schelling’s ideas about time may have their earlier expressions in Kant. While Schelling has gone further and radicalized some insights from Kant in his own version of idealism, his criticism of Kant may find possible responses from the latter’s first Critique. (shrink)

"The fixed person for fixed duties, who in older societies was such a godsend, in the future ill be a public danger." Twenty years ago, a single legal metaphor accurately captured the role that American society accorded to physicians. The physician was "c- tain of the ship." Physicians were in charge of the clinic, the Operating room, and the health care team, responsible - and held accountabl- for all that happened within the scope of their supervision. This grant of responsibility (...) carried with it a corresponding grant of authority; like the ship's captain, the physician was answerable to no one regarding the practice of his art. However compelling the metaphor, few would disagree that the mandate accorded to the medical profession by society is changing. As a result of pressures from a number of diverse directions - including technological advances, the development of new health professionals, changes in health care financing and delivery, the recent emphasis on consumer choice and patients' rights - what our society expects phy- cians to do and to be is different now. The purpose of this volume is to examine and evaluate the conceptual foundations and the moral imp- cations of that difference. Each of the twelve essays of this volume assesses the current and future validity of the "captain of the ship" metaphor from a different perspective. The essays are grouped into four sections. In Section I, Russell Maulitz explores the physician's role historically. (shrink)

This article examines Schelling’s understanding of Laozi 老子. It begins with Schelling’s reception of Laozi’s text and its translation. The main part of this article focuses on Schelling’s discussion of Laozi in his Philosophy of Mythology. It then compares some of the key concepts mentioned in Schelling’s comments and their respective counterparts in Laozi: nothingness and wu 無, portal and abyss, reason and dao 道, name and concept, nature and ziran 自然, and so on, and analyzes the possible reasons for (...) his sympathetic understanding of Laozi as against his own philosophical system. The main argument is that Schelling’s romantic tendency means that he can have an alternative understanding of Laozi. Finally it concludes with a few remarks on the differences between Schelling and Laozi in terms of their philosophical systems and methods. (shrink)

The reader may wish to know something of Antoine Arnauld and his times. His life was full of conflict, with the Jesuits, with the king of France and, though he was a zealous Catholic, with the pope.[ Note ] The son of a wealthy lawyer, he never had to work for his living at anything he did not choose to do. As a priest he never seems to have had any pastoral or teaching responsibilities except those he chose to (...) assume. By choice he was an almost full-time controversialist, whose extant writings fill some forty large volumes. Day by day he went into his study, sharpened his pen and attacked someone---or defended someone, or refuted an answer, or answered a pretended refutation, or wrote a Premier Écrit pour la defense de la seconde lettre. His writings are mostly in the style of some of the less well-known works of Hobbes and Locke, or of certain writings Marx and Engels left to the criticism of the mice. (shrink)

Building on the co-evolutionary perspective, this study investigates the reciprocal and co-evolving relationship between political ties and green innovation in the presence of institutional and environmental changes. Using panel data for Chinese listed private firms for a sample period that runs from 2013 through 2016, our findings indicate that political ties have an overall positive impact on green innovation. Moreover, political ties and green innovation mutually reinforce each other in less developed regions or heavily polluted areas; however, green innovation discourages (...) the formation of political ties in regions with high levels of institutional development or less environmental pollution. These findings provide novel insights into the co-evolution of and co-alignment between political strategy, green innovation, institutions, and environments in emerging economies. (shrink)

This article offers a reading of Sartre's phenomenological ontology in light of the pre-modern understanding of ‘transcendentals’ as universal properties and predicates of all determinate beings. Drawing on Sartre's transcendental account of nothingness in his early critique of Husserl as well as his discussion of ‘determination as negation’ in Being and Nothingness, this article argues that Sartre's universal predicate of ‘the not’ (le non) could be understood in a similar light to the medieval scholastic conception of transcendentals. But whereas the (...) scholastics saw the transcendental properties of oneness, truth, and goodness as reflections of God's divine perfections, Sartre's predicate of the ‘not’ operates as an atheistic transcendental which signifies the non-being of God – that God is not. By comparing Sartre's phenomenological ontology to medieval theological metaphysics, this article not only highlights the atheist underpinnings of Sartre's entire ontological schema in Being and Nothingness but also offers a new way of interpreting Sartre as a systematic transcendental metaphysician. (shrink)

Those who want to deny the ‘ought implies can’ principle often turn to weakened views to explain ‘ought implies can’ phenomena. The two most common versions of such views are that ‘ought’ presupposes ‘can’, and that ‘ought’ conversationally implicates ‘can’. This paper will reject both views, and in doing so, present a case against any pragmatic view of ‘ought implies can’. Unlike much of the literature, I won't rely on counterexamples, but instead will argue that each of these views fails (...) on its own terms. ‘Ought’ and ‘can’ do not obey the negation test for presupposition, and they do not obey the calculability or the cancelability tests for conversational implicature. I diagnose these failures as partly a result of the importance of the contrapositive of ‘ought implies can’. I end with a final argument emphasizing the role the principle plays in moral thinking, and the fact that no pragmatic account can do it justice. (shrink)

In a recent issue of this journal, Vandermassen suggested that feminists should include sexual selection theory and evolutionary psychology in a unifying theory of human nature. In response, this article aims to offer some insight into the development of sexual selection theory, to caution against Vandermassen's unreserved assimilation and to promote the opposite ongoing integration — an inclusion of gender perspectives into evolutionary biology. In society today, opinions about maintaining traditional sex roles are often put forward on the basis of (...) what is natural and how animals behave. However, the natural sciences have proved to be pervaded by gendered values and interests; Darwin's theory of sexual selection has been criticized for being male biased, and partly due to the unwillingness of Darwin's scientific contemporaries to accept female choice, research has been overwhelmingly focused on males. More recently, theory has become less gender biased and research has come to include a large variety of issues not present in the first version of the theory. However, there is a need to increase the awareness of gender bias in order to develop a gender-neutral evolutionary biology. (shrink)