The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the (...) jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property. (shrink)

The use of cost-benefit analysis (CBA) in environmental decision-making and the contingent valuation (CV) technique as input into traditional CBA to elicit environmental values in monetary terms has stimulated an extensive debate. Critics have questioned the appropriateness of both the method and the technique. Some alternative suggestions for the elicitation of environmental values are based on a social process of deliberation. However, just like traditional economic theory, these alternative approaches may be questioned on their implicit value judgements regarding the legitimacy (...) of the social-political organisation of the process of value elicitation. Instead of making assumptions a priori, research efforts should be focused on the processes by which actual public attitudes and preferences towards the environment can best be elicited and fed into environmental or other public policy decision-making. In the study presented in this paper, support was found for both the individual WTP based approach and a participatory social deliberation approach to inform the environmental decision-making process, suggesting that a combination of both approaches is most appropriate. (shrink)

Grotius's notion of natural law is, as he himself makes clear, founded upon two demands of nature, which are to be connected with what is now known as the Stoic doctrine of appropriation. However, Grotius's understanding of the notion of natural law as a set of rules is not Stoic, but rather goes back to an interpretation that can be ascribed to Antiochus of Ascalon. By moving away from the Stoics Grotius could not only easily accommodate the Aristotelian doctrine of (...) equity, otherwise rejected by the Stoics, but he could also formulate a minimalistic interpretation of human dispositions or 'rights', in contrast to the Stoics' maximalistic understanding of these dispositions as virtues. (shrink)

In this paper I revisit nature as a source of normativity for law in the later Hellenistic period, that is beyond the opposition of law and nature in the early classical period, Plato’s and Aristotle’s naturalism, or the early Stoics’ conception of the common law. I will focus on the first century BCE, when the expression ‘natural law’ gained prominence, reconstructing its origins in the interaction between Hellenistic philosophers and the Roman elite, including jurists. I argue that for the jurists (...) the Stoic doctrine of law in nature offered a theoretical underpinning for their unique practice of dispute resolution, whereas for the Stoics this Roman practice offered an unexpected opportunity to instrumentalise their conception of law. (shrink)

This volume, edited by René Brouwer and Emmanuele Vimercati, deals with the debate about fate, providence and free will in the early Imperial age. This debate is rekindled in the 1st century CE during emperor Augustus' rule and ends in the 3rd century CE with Plotinus and Origen, when the different positions in the debate were more or less fully developed. The book aims to show how in this period the notions of fate, providence and freedom were developed and debated, (...) not only within and between the main philosophical schools, that is Stoicism, Aristotelianism, and Platonism, but also in the interaction with other, "religious" movements, here understood in the general sense of groups of people sharing beliefs in and worship of (a) superhuman controlling power(s), such as Gnosticism, Hermetism as well as Judaism and Christianity. (shrink)

In one of his essays on art, Dutch author and essayist Joost Zwagerman reflects on the work of South African artist Marlene Dumas. Zwagerman addresses in particular Dumas' My Mother Before She Became My Mother, painted 3 years after her mother died. In his reflections, Zwagerman proposes an interpretation of Dumas' work. He suggests that Dumas, in her art, does not accept the omnipotence of death. Maybe against better judgement, but Dumas keeps creating images that not only illustrate the desire (...) for meaning but also embody this desire. The image and the desire for meaning merge in Dumas' paintings. The painting itself becomes an autonomous 'desire machine', according to Zwagerman. In this article, a theological reading of Zwagerman's own posthumously published volume of poetry, 'Wakend over God', is presented, with a specific interest in art, death and God. The sacramental hermeneutics of Richard Kearney and the theopoetics of John Caputo are brought into the conversation to elicit the dimensions of faith and religion in Zwagerman's own 'desire machine'. (shrink)