In lieu of an abstract, here is a brief excerpt of the content:Nietzsche’s Reading and Private Library, 1885–1889Thomas H. BrobjerOne can easily get the impression that Nietzsche read little, especially later in his life. He criticizes reading because it is not sufficiently life-affirming and Dionysian: “Early in the morning at the break of day, in all the freshness and dawn of one’s strength, to read a book—I call that vicious!...” 1 He also criticizes it for making one reactive and (...) forcing one to be concerned with the thoughts of others rather than with one’s own:My eyes alone put an end to all bookwormishness, in plain terms philology: I was redeemed from the “book,” for years I read nothing—the greatest favour I have ever done myself!—That deepest self, as it were buried and grown silent under a constant compulsion to listen to other selves (—and that is what reading means!) awoke slowly, timidly, doubtfully—but at length it spoke again. 2This impression is strengthened by the fact that in his published books from 1885–88 very few contemporary and minor authors and books are mentioned. [End Page 663] He also explicitly claims that he read little: “It does not perhaps lie in my nature to read much or many kinds of things: a reading room makes me ill.... Caution, even towards new books is rather part of my instinct.” 3 Concretely, he claims in Ecce Homo that, “I have to reckon back half a year to catch myself with a book in my hand. But what was it?—An excellent study by Victor Brochard, les Sceptiques Grecs.” 4 As suggested in a quotation above, and as a major leitmotif in his letters, his health and especially that of his eyes is another reason to assume that he read little. This is also how most philosophers and historians have tended to treat Nietzsche—as an isolated, profound thinker.However, this impression and Nietzsche’s claims here are to a large extent incorrect. Nietzsche was, in fact, a rather substantial reader. This is true not only for his younger days but also for his last four active years, 1885–88. 5 Contrary to his claim that he is hostile to new books, he was very pleased with the large trilingual bookshop Löscher in Turin. He was a frequent and good enough customer to know its “Chef “ and to make contacts through it. 6 Nietzsche frequently used other bookshops, ordered book catalogues, and asked for recommendations of new book titles. 7 Nietzsche found some of the most important books in his life as random discoveries in bookshops, for example, those of Schopenhauer, Stendhal, and Dostoyevsky. Contrary to his claim that a reading room made him ill, he praised Turin for its good libraries, 8 and he wrote to his sister: “one cannot even with ten horses draw me to a place where, if I am correctly informed, not even a good library is to be found.” 9 Libraries were [End Page 664] important for Nietzsche’s reading, and the quality of the libraries was an important determining factor in deciding Nietzsche’s travels and places of residence. He even occasionally wrote to libraries to inquire if they were suitable for his purposes and for deciding if he would visit the town. 10 During the period 1885–88 Nietzsche used the libraries in Nice, Leipzig, Chur, Venice, Turin, and the Hotel Alpenrosen’s library in Sils-Maria. He probably also used the library in Zürich and possibly in other towns, and he planned to visit Stuttgart for the sake of its library.Nietzsche did not have a permanent address during the period discussed in this article and hence travelled frequently. But travelling was difficult for him and almost without exception made him ill, and it was more difficult still with a heavy load of books. During these years Nietzsche lived on a low pension from the University of Basel and constantly worried about his expenses. In spite of this he bought a not insignificant number of books. His private library today contains 60 books published from 1885 to 1888 and in 23 of these Nietzsche has made markings, often extensively, and from several... (shrink)

This study concerns an inventory of books, dated 1428/29, inscribed in Sofia, Dujčev gr. 253 (olim Kosinitsa 265), fol. 290r. Although the text was obscurely published in 1886, the vicissitudes of this codex over the following century impeded further research and the inventory continues to be overlooked in studies of Byzantine libraries, books and reading. A new edition, furnishing corrections and filling lacunae, together with a first translation and palaeographical analysis, provide a foundation for introducing this rare document and (...) re-evaluating its context and significance. While the limited prior scholarship generally presumed compilation in a monastic library in 1428/29 and pursued inquiries based on that surmise, examination of Dujčev gr. 253 draws attention to annotations by a member of the Laskaris Leontares family, dated 1431-1437,which place the codex in private possession during this period. A survey of thirteen extant codices variously connected to this distinguished aristocratic dynasty, c.1400 - 1455, elucidates acquisition, ownership and use of books in this socio-cultural milieu, with particular reference to this family’s history and social networks. Comparative assessment of this sample of thirteen codices and the 21 items recorded in the book-list of 1428/29 affirms the view that it relates to a private rather than an institutional library and distinguishes its potential value for investigating aristocratic book culture in the late Byzantine era. (shrink)

Reconstructing the Personal Library of William James: Markings and Marginalia from the Harvard Library Collection is a much needed resource to facilitate archival and library research on the life and thought of James by providing scholars with the most comprehensive annotated catalog of his personal library.

Libraries occupy a special space in our society, and our minds. Today, public libraries are struggling hard to attract new users and increase footfalls that seem to be in the downtrend. Besides, Physical Libraries need innovations in their services frontier to survive stiff competition from virtual digital libraries that provide instant access to information at no cost. Librarians and library professionals as knowledge managers could help design and foster entrepreneurship models of service delivery aimed towards bringing (...) novelty in their operations. This is for the reason that libraries must take up the challenges to survive and compete with digital libraries which would maximize user satisfaction, attract new patrons and increase their user base. To make libraries economically independent and socially competent knowledge organizations, libraries need to innovate and adopt entrepreneurship-intrapreneurship business models which would attract investments from the private sectors. To transform libraries into productive, innovative knowledge organizations, librarians must take the initiative to think out of the box. This paper addresses these issues and analyses the intrapreneurship attitude to library operations. It argues that librarians should adopt a model of knowledge entrepreneurship where librarians, besides being knowledge managers, would also act as intrapreneurs within their organization. (shrink)

Libraries occupy a special space in our society, and our minds. Today, public libraries are struggling hard to attract new users and increase footfalls that seem to be in the downtrend. Besides, Physical Libraries need innovations in their services frontier to survive stiff competition from virtual digital libraries that provide instant access to information at no cost. Librarians and library professionals as knowledge managers could help design and foster entrepreneurship models of service delivery aimed towards bringing (...) novelty in their operations. This is for the reason that libraries must take up the challenges to survive and compete with digital libraries which would maximize user satisfaction, attract new patrons and increase their user base. To make libraries economically independent and socially competent knowledge organizations, libraries need to innovate and adopt entrepreneurship-intrapreneurship business models which would attract investments from the private sectors. To transform libraries into productive, innovative knowledge organizations, librarians must take the initiative to think out of the box. This paper addresses these issues and analyses the intrapreneurship attitude to library operations. It argues that librarians should adopt a model of knowledge entrepreneurship where librarians, besides being knowledge managers, would also act as intrapreneurs within their organization. (shrink)

The ArgumentMontaigne'sEssayswere an exercise in self-knowledge carried out for more than twenty years in Montaigne's private library located in his mansion near Bordeaux. The library was a place of solitude as well as a place of knowledge, a kind ofheterotopiain which two sets of spatial relations coexisted and interacted: the social and the epistemic. The spatial demarcation and arrangement of the site – in both the physical and the symbolic sense – were necessary elements of the constitution of Montaigne's (...) self as an object of knowledge and as a subject of discourse. The spatial setting of the library made possible and constrained certain discursive patterns through which words were systematically linked to things, authority was correlated with access and visibility, and the epistemological was coordinated with the social. In this sense, Montaigne's library resembled other places of empirical knowledge of the late sixteenth and seventeenth centuries in which subjects of knowledge were constituted, objects were posited in their proper phenomenal fields and the entire structure of intellectual activity was reproduced through various cultural mechanisms. But the initial similarity is only apparent. The private library never became a culturally recognized place for knowledge of the self; its heterotopic structure could not have been reproduced without the concrete presence of an author and of a self, while Montaigne's skepticism systematically undermined the possibility of the author's position and of the identity of the self. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Their Father’s Library: Books Furnish Not Only a Room, But Also a Tradition ELIZABETH POWERS Although they shared close life dates and became famous in the same years for their epistolary novels, Johann Wolfgang von Goethe (1749–1832) and Fanny Burney (1752–1840) would seem to have been worlds apart literarily. (Goethe had in his Weimar library a copy of Evelina, while Burney was probably not ignorant of the Europe-wide (...) sensation The Sorrows ofYoung Werther.) What might be called their literary apprenticeship, however, was remarkably similar, consisting not of schooling in a traditional institution in which students (and, importantly, most eighteenth-century writers) were drilled in the classical curriculum, but, instead, from wide reading within the confines of their fathers’ libraries. It is true that Goethe and his younger sister Cornelia were supplied at home with a number of tutors and that their progress was monitored by their father, but their acquaintance with literature was fostered within the confines of the family home. Burney had no formal education at all. Indeed, on the appearance of Evelina, her father (according to her diary) remarked : “[S]he has had very little Education but what she has given herself,—less than any of the others!” Burney, however, had the advantage of growing up in a milieu in which books mattered. While the Goethes were eminently respectable, on the mother’s side part of what was the patriciate of the city of Frankfurt, the Burney household in London was bursting with wits and with what can only be called celebrities. The Burneys knew God and the world: David Garrick, Dr. Johnarion 28.1 spring/summer 2020 116 in their father’s library son, Hester Thrale. As Virginia Woolf noted of the famous father, Dr. Charles Burney, he was a musician “who could talk of intellectual things and ask clever people to his house.” Goethe has given plenty of evidence of roaming freely among his father’s books, a collection of 1,700 calfskin-bound volumes. When Burney went to serve at the court of King George III, Queen Charlotte was disappointed at how few books the author of Evelina possessed. (Similarities accumulate: Goethe also served at court, as minister in the duchy of Weimar.) But why cart around a load of books? As Burney wrote in her diary: “[M]y Father’s most delightful Library, as I then told her [the Queen], with my free access to it, had made [owning my own books] a thing unnecessary... ” Libraries in the eighteenth and early nineteenth century, whether private or public affairs, were not like contemporary public libraries, catering to a wide array of tastes, but were repositories of what Matthew Arnold termed “the best that is known and thought in the world.” Let’s call it the Western intellectual and cultural heritage. Most respectable homes would possess at a minimum a Bible, while the holdings in private homes, as evident in the library of Goethe’s father, could reach astounding proportions. According to Burney biographer Claire Harman, Fanny’s brother left at his death one of the finest private libraries of the age. Moreover, the antiquity of the works in the venerable libraries scattered across Europe from Dublin to Saint Petersburg, and especially their survival despite centuries of vicissitudes, was testimony to the authoritative nature of the transmission. Anyone who took the Bible in hand, who took lessons from it, adhering, for instance, to the injunctions of the Ten Commandments, was conscious of subscribing to values shared by preceding generations. Literary practitioners, also showing obeisance to authoritative predecessors, followed earlier models, in the process contributing to an evolving literary heritage. There was no purity in this transmission. It was truly promiscuous, but its quasi-biological character, like a mother’s left-handedness in a child, can be seen in the family Elizabeth Powers 117 resemblances among writers of different eras. Just as individuals perpetuate traits of their parents, so literature and the other arts recycled features of artistic predecessors. Writers as diverse in background and language and religion as Ariosto and Milton transmitted the dna, so to speak, of such epical forebears as Homer and Virgil. This sort of family legitimacy was... (shrink)

Name der Zeitschrift: Naharaim Jahrgang: 9 Heft: 1-2 Seiten: 4-24.

Against the backdrop of Walter Benjamin's famous essay, “Unpacking My Library”, this article, by the Librarian of the Warburg Institute, tells the story of the many times that the Warburg Library has been packed and unpacked. First it was the private collection of Aby Warburg, later a public institution, originally in Hamburg and then in London from 1933 to the present. This essay also explores the various ways in which books have been — and continue to be — acquired (...) by the Warburg Library, including publication, donation, recommendation, and purchase. Each of these methods is not only discussed but also examined in light of Benjamin's account of the acquisition of his own library. Moreover, Benjamin's view that collections lose their meaning when they cease to be personal is challenged by the example of the Warburg Library, which has been transformed from a private collection containing around 15,000 books in 1911 to a public institution today housing over 350,000 volumes, while still maintaining its unique character. (shrink)

Against the backdrop of Walter Benjamin's famous essay, “Unpacking My Library”, this article, by the Librarian of the Warburg Institute, tells the story of the many times that the Warburg Library has been packed and unpacked. First it was the private collection of Aby Warburg, later a public institution, originally in Hamburg and then in London from 1933 to the present. This essay also explores the various ways in which books have been — and continue to be — acquired (...) by the Warburg Library, including publication, donation, recommendation, and purchase. Each of these methods is not only discussed but also examined in light of Benjamin's account of the acquisition of his own library. Moreover, Benjamin's view that collections lose their meaning when they cease to be personal is challenged by the example of the Warburg Library, which has been transformed from a private collection containing around 15,000 books in 1911 to a public institution today housing over 350,000 volumes, while still maintaining its unique character. (shrink)

The present study aims to assess the restriction of private ownership on the cultural-historical property based on the public interest and evaluate how this restriction is explained and what restrictions the cultural heritage rules and regulations impose on the private ownership. The present descriptive and analytical study seeks to examine the above-mentioned questions using the library method. Based on the results, statute law has defined a large number of restrictions for the owner including the owner restriction in the (...) obligation to declare, implement protection plans, as well as sale and transfer of the cultural-historical property. Theories such as public interest are considered as the basis for the restriction of ownership on historical-cultural property. (shrink)

This article focuses on trans-linguistic relationships between the German aphoristic writings of Israeli, Hebrew poet, and rabbi Elazar Benyoëtz and his personal library, which is one of the last and largest private book collections in Israel to contain the German-Jewish literary canon. By reading traces from the library’s marginalia and paraphernalia, analyzed here for the first time, the article presents five case studies that sketch Benyoëtz’s transformation during the 1960s and 1970s from a Hebrew poet into the most influential (...) contemporary writer of aphorisms in German. The article also presents points of departure for future research into the development of the Archiv Bibliographia Judaica, the largest encyclopedia of Jewish authors in the German language. (shrink)

In U.S. v. American Library Association (2003), the Supreme Court upheld the Child Internet Protection Act (CIPA), which mandated that libraries receiving federal funding for public Internet access install content-filtering programs on computers which provide that access. These programs analyze incoming content, and block the receipt of objectionable material, in particular pornography. Thus, patrons at public libraries are protected from unintentionally (or intentionally) accessing objectionable material, and, in the case of minors, from accessing potentially damaging material. At least, (...) that is the official story. In this paper, I develop three points. (1) I argue that CIPA and ALA are better read as examples of the enforcement of a regime of normative sexuality. The question of minors accessing pornography is only relevant to the official story insofar as it provides a rhetorically persuasive example of deviance from that normative regime. CIPAs full target includes information about topics such as homosexuality and contraception. (2) Rather than (or in addition to) punishing deviances directly, CIPA attempts to constitute a “public” in which such deviancy can never occur in the first place. Hence, the designation of a “public” space serves to domesticate alternative sexualities and to sanitize that space of sexual difference. (3) This interaction at the border of the public and private spheres offers an opportunity to reflect on and underscore the ways that subject formation and subjectivity are mediated through technological artifacts like the Internet. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:During my stint as a visiting scholar at St. Bonaventure University, I stumbled on two very interesting manuscripts that are not as well known as they deserve to be. I would like to make these two 'pebbles' more accessible to other scholars and to anyone who desires to approach this valuable material, which is preserved in the Friedsam Memorial Library.The First Manuscript: A "Handbook" for the Observant FriarsAt St. (...) Bonaventure University, I was working on the sources concerning John of Capistrano's polemics against the Jews and the Turks. To this purpose, I scanned the Ottokar Bonmann Archive at St. Bonaventure for letters, sermons, and treatises. At the same time I was working on the critical edition of Capistrano's La dichiarazione in volgare sulla Regola di san Francesco, which amounts to a vernacular explanation and interpretation of the Rule of St. Francis. It is one of the first vernacular texts of its kind, providing, in a few simple words, an explanation of the meaning of Franciscan spirituality. As its author is one of the "four columns" of the Observant family, it can, in fact, be understood as a vademecum for the Observants. My first impressions in this direction were confirmed and reinforced by looking at the manuscript Holy Name College, cod. 35, which is now preserved in the Friedsam Memorial Library of St. Bonaventure University .Chiappini lists three manuscripts containing La dichiarazione:1. L'Aquila, Archivio di Stato, cod. S.73, ff. 461b - 469b 2. Naples, Biblioteca Nazionale, cod. XII.G.5 n. 23. Rome, Biblioteca Vallicelliana, cod. B.131, ff. 53r-66vBonmann found six other manuscripts:1. Rome, Biblioteca Apostolica Vaticana , Vat. lat. 13100, ff. 80r-94v2. Rome, Biblioteca S. Isidoro 1/68, ff. 244r-254v3. Rome, Biblioteca S. Isidoro 1/85, ff. 10r-24r4. Washington DC, Library Holy Name College, cod. 355. Zara, Biblioteca Paravia, cod. 1552, ff. 3v-13v6. Private collection of Giovanni PansaSince I have not yet been able to see the last two manuscripts , some questions remain concerning their actual contents. When we consider the Zara manuscript, for example, we notice that Chiappini claims it to contain on folios 3v-13v the Expositione della Clementina de Clemente V, sopra la regula de li frati minori, traslata ad litteram de latino in vulgare per lo venerabile frate Iohanni de Capestrano . Based on the similarity of subject matter and the use of the vernacular language, Bonmann inferred that this text included Capistrano's dichiarazione. The circumstances surrounding the manuscript in Giovanni Pansa's private collection present us with a real detective story. This Italian bibliofile described the manuscript for the first time in 1887, when it resided in a library in Sulmona. Pansa subsequently bought the manuscript and sold it in Rome before 1925 to the antiquarian bookstore of Ermanno Loescher & Company. Since then, the manuscript has disappeared without leaving any trace. All details concerning this story can be found in the work of Chiappini, who wrote that the manuscript contains the Postilla in clementina "Exivi" super Regulam fratrum minorum per sanctum Ioannem de Capestrano. This might be the same Postilla as that found in MS. 20 of the Capestrano library. Based on all this, I believe that Bonmann misunderstood Chiappini's reference.Thus far I have found one manuscript not mentioned by Chiappini or Bonmann, namely MS Roma, Biblioteca S. Isidoro, 1/87, ff. 66ss. Hence there are now either ten or perhaps only eight manuscripts available for the creation of a critical edition . One of these, as I have indicated above, is manuscript Holy Name College, cod. 35, currently kept in the Friedsam Memorial Library of St. Bonaventure University. As I had the opportunity to study this manuscript, I can provide a more precise description of its codicological properties and contents. (shrink)

The institutions we create shape many of the activities we engage insofar as they are pervasive entities in our society. In an era full of new technologies, including the semantic web, there is a movement toward sound conceptual modeling for socio-technical solutions applied to government institutions. To develop these complex solutions, one needs to deepen the ontological status of entities in the institutional domain, because literature is full of ambiguous and ad-hoc hypotheses about distinctions between public and private corporations. (...) We believe we can find better explanations for such distinctions in the interdisciplinary field of library a information science. Within an ongoing semantic web project, we focus on a study case of official documents. First, we analyze theories about public and private corporations, seeking a reliable on‘tological distinction between them; then, by focusing on documents produced by each type of corporation, we hope to provide a well-founded analysis. Second, we adopt the aforementioned theories and the new analysis as recommendations for the improvement for the access and understanding of public documents, through appropriate classification of them within government information systems. This project, ultimately, aims to maximize the transparency of public government documents by favoring retrieval and comprehension by a society with plenty of automated information systems. (shrink)

Recent research has shown that book collecting by private individuals and institutions was a widespread phenomenon in Bilād al-Shām. At least from the Ayyubid period onwards, countless volumes were produced, changed hands in the book market, and lay around in libraries. To this day, Damascus occupies a central position in our knowledge about libraries and book culture in general, while other cities and regions lag behind. In this article, the inventory of an Aleppine book collector is used (...) to take a glimpse at the book culture of Aleppo in the first decades of the seventeenth century. Although most probably not reflecting the sum total of his library, the inventory still allows to ascertain the specific taste of its compiler, an otherwise unknown Aleppine bibliophile. The inventory also provides evidence for the early distribution of Arabic print and pushes the door open for investigating the role of local agents in the early days of attempts by Orientalists to acquire Arabic manuscripts for European libraries. (shrink)

At the end of the twentieth century, the Ayatollah Marʿashī Najafī Library acquired a fourteenth-century manuscript of munshaʾāt previously held in a private collection. This composite multitext manuscript contains about two hundred letters sent by or to officials of the Rūm Saljūq sultanate in the thirteenth century. The letters include official and private correspondence as well as decrees of nomination. They are all in Persian. This article is a first study of the codicological features, structure, and contents of (...) this manuscript. It suggests a production process that unfolded in several stages over a period of seventy years, from the reign of Ghiyāth al-Dīn Kay-Khusraw II to the second decade of the fourteenth century. The Marʿashī manuscript expands considerably the volume of documents available on Saljūq Anatolia during the beginning of Mongol period. It is poised to become a major source on the political history of the period and will also help to understand the integration of Anatolia into the Persianate sphere. (shrink)

The public health measures implemented in response to the COVID-19 pandemic have resulted in a substantially increased shared reliance on private infrastructure and digital services in areas such as healthcare, education, retail, and the workplace. This development has (i) granted a number of private actors significant (informational) power, and (ii) given rise to a range of digital surveillance practices incidental to the pandemic itself. In this paper, we reflect on these secondary consequences of the pandemic and observe that, (...) even though collateral data disclosure and additional activity monitoring appears to have been generally socially accepted as inevitable consequences of the pandemic, part and parcel of a larger conglomeration of emergency compromises, these increased surveillance practices were not directly justified by appeals to solidarity and public health in the same way that the instigating public health measures were. Based on this observation, and given the increased reliance on private actors for maintaining the digital space, we argue that governments have a duty to (i) seek and ensure that there are justifications for collateral data disclosure and activity monitoring by private actors in the context of (future) public health emergencies like the COVID-19 pandemic, and (ii) regulate and provide accountability mechanisms for and oversight over these private surveillance practices on par with governmental essential services that engage in surveillance activities. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public (...) domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. -/- Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. -/- The volume is is published with an introduction by Michael D. Bayles. It is available in hardback, paperback, and as an ebook. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae and De Jure Belli ac Pacis , with little reference to the historical context. Insufficient consideration has been given to the intended audience of these works, Grotius’ purpose in writing them, and the possible (...) correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company in autumn 1604.The brutal murder of Sebald de Weert on the island of Ceylon in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic.In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce . Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

In discussions on the ethics of surveillanceand consequently surveillance policy, thepublic/private distinction is often implicitlyor explicitly invoked as a way to structure thediscussion and the arguments. In thesediscussions, the distinction public and private is often treated as a uni-dimensional,rigidly dichotomous and absolute, fixed anduniversal concept, whose meaning could bedetermined by the objective content of thebehavior. Nevertheless, if we take a closerlook at the distinction in diverse empiricalcontexts we find them to be more subtle,diffused and ambiguous than suggested. Thus,the (...) paper argues for the treatment of thesedistinctions as multi-dimensional, continuousand relative, fluid and situational orcontextual, whose meaning lies in how they areinterpreted and framed. However, the aim ofthis paper is not to finally sort things out. The objective is rather to demonstrate thecomplexities of the distinction in variouscontexts and to suggest that those using thedistinction, when considering the ethics andpolitics of surveillance technologies, wouldbenefit from more clearly specifying whichdimensions they have in mind and how theyrelate. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

This article concerns the research done by the author in Stalin's private library. The notes made in the works of Marx, Engels and Lenin suggest that until the end of his life Stalin felt himself in general agreement with these "classics." The choice of books and the notes support the thesis that, despite his historical interest and his identification with some of the tsars as powerful rulers, Stalin always continued to consider himself a Marxist, and that he was uninterested (...) in other systems of thought, including those of traditional Russia. (shrink)

It is based on extensive use of the twelve volumes of Ortega's Obras completas, the eighty microfilm reels of his archive in the Library of Congress, and his private library of fifteen hundred volumes in Madrid.