Based on papers from sessions held at the International Congress on Medieval Studies in Kalamazoo, Mich. from 1979 to 1981.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

This volume is a collection of the Lullian contributions to the 2012 Congress of the Societe Internationale pour l'Etude de la Philosophie Medievale (SIEPM), held in Freising, Germany, 20-25 August. The Lullian Opera constitute a philosophical mirror of the medieval tradition. The questions and interests of medieval masters played a role in the Renaissance and Early Modern period through the Lullian Art. The three parts of this volume-Knowledge, Contemplation and Lullism- are intended to show that influence, collecting the (...) contributions of well-known specialists on the Lullian works, conceived of as Opera philosophica, in different areas such as geometry, logic, methodology, or Early Modern law. The results of Lullian studies in the past 20th century and the revival of Lullian discussions at present also hold an important place. The Raimundus-Lullus-Institut in Freiburg supports this edition, and in the introduction its members place the volume in the great tradition of Lullian studies. The celebration of a Lullian meeting devoted to the relationship between medieval philosophy and the Lullian Opus at the 2012 SIEPM Congress, the recent constitution of a Lullian Section by the SIEPM-Bureau to develop projects about Llull's works as a vehicle of medieval philosophical concerns and the history of its reception, and the results collected in this volume, are a good example of the increasing relevance of Llull-studies today. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...) in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of (...) articles is concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham. (shrink)

Introduction : questions and research -- Objectivity versus subjectivity -- The foundation of political and moral order -- The long road to a common lexicon -- Breaks, continuities, and shifts -- Highlights and shadows of a portrait -- Conclusion.

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories or (...) the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

This is a reprint of chapters 4–5 of The Medieval Polish Doctrine of the Laws of Nations: Ius Gentium by Stanisław Wielgus (Lublin: Redakcja Wydawnictw Katolickiego Uniwersytetu Lubelskiego, 1998), 55–101. The original chapter and section numbering has been retained, but footnote numbers have been adapted. Reprinted with the Author’s permission. In attempting to summarize in a few sentences the achievements of the medieval scholars of the Polish school of ius gentium, we must emphasize that by employing the inherited (...) legal and philosophico-theological tradition and intellectual achievements of the University of Kraków, coupling it with their own genius, they manager to create a coherent and universal system of international law. It was a system so modern, wise, tolerant and universal that it was able to be applied not only in solving the painful problem stemming from the lengthy conflict between Poland and the Teutonic Knights but was also used in resolving global problems of the contemporary Christian’s world conflict with the non-Christian one. That legal system, based upon the eternal principles of Divine and natural law, taking account of the Gospel Law of Love and inseparably connecting law with morality and justice with truth, remains valid even today. (shrink)

This essay examines how the American Jewish Congress (AJC) designed a legal attack on discrimination based on social science. This campaign led to the creation in 1945 of two new AJC commissions, t...

An important aspect of the contemporary controversies over John Calvin’s natural law doctrine has been his relation to the medieval natural law inheritance. This paper attempts to put Calvin in better context through a detailed examination of his ideas on natural law, in comparison with those of Thomas Aquinas. I argue that significant points of both similarity and difference between them must berecognized. Among important similarities, I highlight their grounding of natural law in the divine nature and the relationship (...) of natural to civil law. Among important differences I note issues of participation, conscience, and the two kingdoms doctrine. Calvin resides in the same broad tradition of natural law as Thomas Aquinas, although he represents a somewhat different strand of it. (shrink)

In medieval texts the term ius naturale can mean either natural law or natural right; for the latter sense see the article Natural Rights ”. Ius naturale in the former sense, and also lex naturalis, mean the universal and immutable law to which the laws of human legislators, the customs of particular communities and the actions of individuals ought to conform. It is equivalent to morality thought of as a system of law. It is called “natural” either (a) because (...) it is taught by natural instinct, i.e. some capacity innate in human beings, or (b) because it is accessible to “natural reason”, i.e. to personal reflection independent of any special revelation from God (such as the Christian faith claims to be) and independent of the moral authority of other human beings; or for both reasons. (shrink)

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further (...) study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)

A detailed study of the moral philosophy of medieval Jewish thinkers Saadia Gaon, Bahya ibn Pakuda, and Moses Maimonides. Jon Jacobs emphasizes their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with contemporary moral philosophy.

In this essay I address a little-known chapter in the lengthy history of crimes against animals. My focus is not crimes committed by humans against animals, as such, but a practical outcome of the seemingly bizarre belief that animals are capable of committing crimes against humans.2 I refer here to the medieval practice whereby animals were prosecuted and punished for their misdeeds, aspects of which readers are likely to have encountered in the work of the historian Robert Darnton.

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

Jon Jacobs emphasises their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with ...

Die fünf Bände enthalten die Hauptvorträge und eingeladene Beiträge der panels des X. Internationalen Kant-Kongresses, der 2005 in Sao Paolo stattfand.

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, on the one hand, on the (...) relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

What did it mean to keep a secret in early medieval England? It was a period during which the experience of secrecy was intensely bound to the belief that God knew all human secrets, yet the secrets of God remained unknowable to human beings. In Bonds of Secrecy, Benjamin A. Saltzman argues that this double-edged conception of secrecy and divinity profoundly affected the way believers acted and thought as subjects under the law, as the devout within monasteries, and as (...) readers before books. One crucial way it did so was by forming an ethical relationship between the self and the world that was fundamentally different from its modern reflex. Whereas today the bearers of secrets might be judged for the consequences of their reticence or disclosure, Saltzman observes, in the early Middle Ages a person attempting to conceal a secret was judged for believing he or she could conceal it from God. In other words, to attempt to hide from God was to become ensnared in a serious sin, but to hide from the world while deliberately and humbly submitting to God's constant observation was often a hallmark of spiritual virtue. Looking to law codes and religious architecture, hagiographies and riddles, Bonds of Secrecy shows how legal and monastic institutions harnessed the pervasive and complex belief in God's omniscience to produce an intense culture of scrutiny and a radical ethics of secrecy founded on the individual's belief that nothing could be hidden from God. According to Saltzman, this ethics of secrecy not only informed early medieval notions of mental activity and ideas about the mind but also profoundly shaped the practices of literary interpretation in ways that can inform our own contemporary approaches to reading texts from the past. (shrink)

In the present chapter, the design of select margins of late medieval Old Norse manuscripts containing the Icelandic ‘Jónsbók’, ‘Kristinréttr Árna biskups’ and Norwegian ‘Landslǫg’ law codes is addressed. In particular, it discusses the size and fillings of margins in these codices and the relation to their modes of use by original clients and later owners. Although it is well-known that Scandinavian law manuscripts contain a large number of notes written by both original and later users, the particular use (...) of marginal spaces by original scribes and illuminators for glosses and other annotations and illuminations has scarcely been investigated to date. In my contribution, two distinctive features will be addressed: (1.) The different use of margins by Norwegian and Icelandic readers of the manuscripts, and (2.) the use of margins by illuminators surrounding the column(s) and incorporated initials. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

Coming of Age in Medieval Egypt: Female Adolescence, Jewish Law, and Ordinary Culture. By Eve Krakowski. Princeton: Princeton University Press, 2018. Pp. xvi + 350. $39.95, £32.95.