The Pleadings Game is a normative formalization and computational model of civil pleading, founded in Roberty Alexy''s discourse theory of legal argumentation. The consequences of arguments and counterarguments are modelled using Geffner and Pearl''s nonmonotonic logic,conditional entailment. Discourse in focussed using the concepts of issue and relevance. Conflicts between arguments can be resolved by arguing about the validity and priority of rules, at any level. The computational model is fully implemented and has been tested using examples from Article Nine (...) of the Uniform Commercial Code. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'special pleading (SP)'. One way to grasp the meaning of the special pleading fallacy is to focus on a general principle of fairness: We ought to treat individuals alike unless there is some relevant difference between them that merits the differential treatment. Avoiding SP can be very difficult for two reasons. First, the fallacy takes so many forms. Second, SP can be difficult to avoid because (...) it is often invisible to the one who commits the fallacy, and in this respect it is like a bad, invisible cognitive habit. The fact that SP can be, and so often is, used simultaneously to hide and to underwrite hypocrisy and prejudice makes it an important informal fallacy of reasoning that affects everyday life. (shrink)

Modal arguments like the Knowledge Argument, the Conceivability Argument and the Inverted Spectrum Argument could be used to argue for experiential primitivism; the view that experiential truths aren’t entailed from nonexperiential truths. A way to resist these arguments is to follow Stoljar (Ignorance and imagination. Oxford University Press, Oxford, 2006) and plead ignorance of a type of experience-relevant nonexperiential truth. If we are ignorant of such a truth, we can’t imagine or conceive of the various sorts of scenarios that are (...) required to make these arguments sound. While I am sympathetic to this response, in this article I will argue that we have good reason to believe that this particular ignorance hypothesis is false. (shrink)

While the story of Thomas Aquinas and Bonaventure of Bagnoregio engaging in a friendly contest, at the behest of Pope Urban IV, to compose the Mass and Office of Corpus Christi is likely a pious fiction, one can still ponder the fascinating hypothetical scenario: had such a contest taken place, who might have won? To consider that question, this paper embarks on a close reading of Bonaventure's hymns in his Office of the Passion, comparing his poetic approaches to those of (...) Aquinas in the hymns for Corpus Christi. After an introductory historical examination into the supposed involvement of both friars in the composition of the Corpus Christi liturgy, this article proceeds in three sections. First, a look into select excerpts from Bonaventure's Office of the Passion will establish his general poetic technique. In the transitional second section, a direct comparison between Bonaventure and Aquinas on the composition of the final doxological verses of their respective hymns will place their different poetic styles into greater relief. Third, a broader reading of Aquinas's Eucharistic hymns will highlight the unique qualities of his versified praises. Finally, in light of the foregoing analyses, a prospective winner of the hypothetical contest will be suggested. (shrink)

Far too often in our society, the input of a potential father is not deemed relevant in a woman’s abortion decision. Men, however, can suffer emotional strains due to the abortion of their potential child, and given this harm it seems that morality must make room for a potential father’s voice in the abortion decision. I will argue that a man cannot have the right to veto a woman’s decision to procure an abortion, yet there may be times where a (...) woman may exercise her right to an abortion in a manner not indicative of a virtuous character. This is especially a danger in the face of a dissenting man who may suffer greatly if his potential child is abortedand thus I will delineate circumstances where a virtuous woman would concede to carrying a fetus to term in order to give a man the child he so desperately desires. In addition to using virtue ethics to make the argument, I will incorporate certain aspects of care ethics in order to further what may seem to some to be a rather contentious claim. (shrink)

The concepts of issue and status are more different than is currently assumed. Apart from differences between the classifications of statements they are related to, there are differences between their definitions. The respective functions of pleadings and of inventio account for most of these differences.

Far too often in our society, the input of a potential father is not deemed relevant in a woman’s abortion decision. Men, however, can suffer emotional strains due to the abortion of their potential child, and given this harm it seems that morality must make room for a potential father’s voice in the abortion decision. I will argue that a man cannot have the right to veto a woman’s decision to procure an abortion, yet there may be times where a (...) woman may exercise her right to an abortion in a manner not indicative of a virtuous character. This is especially a danger in the face of a dissenting man who may suffer greatly if his potential child is abortedand thus I will delineate circumstances where a virtuous woman would concede to carrying a fetus to term in order to give a man the child he so desperately desires. In addition to using virtue ethics to make the argument, I will incorporate certain aspects of care ethics in order to further what may seem to some to be a rather contentious claim. (shrink)

Legal theory and practice, particularly on the exchange of pleadings, are referred to as a means of examining current thinking in pragmatics on relevance. The rules of pleadings suggest that the concept of relevance as used in pragmatics is emptied of any meaning and that theories of argumentation have not sufficiently taken into account the preliminary construction which issues to be argued about require.

This is a reply to a paper by Graham Oppy in the July, 1999 issue of this journal, “Koons’ Cosmological Argument.” Recent work in defeasible or nonmonotonic logic means that the cosmological argument can be cast in such a way that it does not presuppose that every contingent situation, without exception, has a cause. Instead, the burden of proof is shifted to the skeptic, who must produce positive reasons for thinking that the cosmos is an exception to the defeasible law (...) of causality. I show how Oppy’s critique can be turned into a plausible rebuttal of my argument. However, this rebuttal can be set aside when the original argument is supplemented by a plausible account of the nature of causal priority. Several independent lines of argument in support of this account are outlined. (shrink)

This is a reply to a paper by Graham Oppy in the July, 1999 issue of this journal, “Koons’ Cosmological Argument.” Recent work in defeasible or nonmonotonic logic means that the cosmological argument can be cast in such a way that it does not presuppose that every contingent situation, without exception, has a cause. Instead, the burden of proof is shifted to the skeptic, who must produce positive reasons for thinking that the cosmos is an exception to the defeasible law (...) of causality. I show how Oppy’s critique can be turned into a plausible rebuttal of my argument. However, this rebuttal can be set aside when the original argument is supplemented by a plausible account of the nature of causal priority. Several independent lines of argument in support of this account are outlined. (shrink)

In ‘What Does Environmental Protection Protect?,’ Mark Sagoff presents a view of environmental success that actually describes only the United States and perhaps northern Europe. He ignores all the...

Ethnographic analogy, the use of comparative data from anthropology to inform reconstructions of past human societies, has a troubled history. Archaeologists often express concern about, or outright reject, the practice—and sometimes do so in problematically general terms. This is odd, as the use of comparative data in archaeology is the same pattern of reasoning as the ‘comparative method’ in biology, which is a well-developed and robust set of inferences which play a central role in discovering the biological past. In pointing (...) out this continuity, I argue that there is no ‘special pleading’ on the part of archaeologists in this regard: biologists must overcome analogous epistemic difficulties in their use of comparative data. I then go on to emphasize the local, empirically tractable ways in which particular ethnographic analogies may be licensed. (shrink)

A commitment to receive input from stakeholders is often obligatory in the crafting of environmental policies. This requirement is presumed to satisfy certain conditions of democracy. The need for stakeholder input is quite intuitive; public decision makers want to know what their constituents—or at least a limited number of them—think about certain issues. At the same time, individuals, groups, communities, and various interest groups want to learn about the plans that authoritative agencies have concerning those things that affect their daily (...) lives. In light of this widespread commitment to stakeholder input, it is surprising that little attention has been paid to the necessary conditions under which .. (shrink)

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal (...) systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions? (shrink)

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...) second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language. (shrink)

We plead for a fluid margin, or mixed/indeterminate buffer zone, between Physical and Non-Physical Causal Closures, and for a Neutrosophic Causal Closure Principle claiming that the chances of all physical effects are determined by their prior partially physical and partially non-physical causes.

We plead for a fluid margin, or mixed/indeterminate buffer zone, between Physical and Non-Physical Causal Closures, and for a Neutrosophic Causal Closure Principle claiming that the chances of all physical effects are determined by their prior partially physical and partially non-physical causes.

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

The paper pleads for compatibilism by distinguishing the first-person’s normative and the observer’s empirical perspective. In the normative perspective one’s own actions are uncaused and free, in the empirical perspective they are caused and may be predetermined. Still, there is only one notion of causation that is able to account for the relation between the causal conceptions within the two perspectives. The other main idea for explicating free will by explaining free actions or intentions as appropriately caused in a specified (...) way is acknowledged, but not discussed. The paper finally argues that the normative and the empirical perspective are on a par; none is prior; even from within the empirical perspective the normative perspective is ineliminable. (shrink)

Madole & Harden plead for better integration of causal knowledge of different depths to understand complex human traits. Classically, local causes – a particular type of shallow causes – are considered less useful than more generalisable causes, giving a false impression that the latter causes are more useful and desirable. Using a simple example, I show that sometimes the contrary is true.

The author pleads for an equal and differentiated treatment of marriage and same-sex-unions in civillaw. In theological perspective it is necessary to regard same-sex-unions as well as marriages under the aspects oflife-long commitment and responsibility- both may be and should be »Iove in earnest« F or the decisive moment in every kind oflife-long partnership in the destination that »your body isatemple ofthe Holy Spirit«. - From this central point of view biblical damnations of homosexual behaviour must be criticised. - As (...) further consequences the articel discusses the legal introduction of the possibility of »registered partnership« for gay people and following options in liturgy and law of the church. (shrink)

The first part pleads for the Fregean account of definite descriptions as expressions referring to the objects which satisfy them. In particular, it attempts to give a clear sense to the idea of a descriptionś referentially contributing to the truth conditions of the complete utterance, even if the Russellian specification of truth-conditions is accepted. The second part examines a special case in which a description can be thought of as referring to an object which does not satisfy it. This leads (...) to the general question of the role of agreement between the speakerś and the audienceś beliefs in the determination of reference and utterance meaning. The question is discussed from the point of view of the Davidsonian account of utterance meaning as constituted by the match between speakerś actual communicative intentions and audienceś hypotheses about these intentions. The third part provides arguments in favour of an alternative account of utterance meaning as a set of the normative consequences of the utterance and shows that a corresponding question makes sense even there. (shrink)

The post-modern pleading for radical pluralism has an ant-itotalitarian intention: it is directed against the idea of a unitary science as well as against the idea of a progress in history and demands the acception of the otherness of the other. Because the postmodern concept of pluralism shares with the totalitarian concept of unity (oppposed by it) the same presupposition -the anti-thesis of singularity and pluraility- the concept of pluralism is itself totalitarian. Whereas participative unity does not exclude diversity, (...) but includes it. The practical relevance of the concept of participation is that it is not subject to the dialectic of diversity negating unity and unity negating diversity, because wherein everything comes together is exactly wherin everything is distinguished. A true pleading for plurality includes concern about community. (shrink)

The post-modern pleading for radical pluralism has an anti-totalitarian intention: it is directed against the idea of a unitary science as well as against the idea of a progress in history and demands the acception of the otherness of the other. Because the postmodern concept of pluralism shares with the totalitarian concept of unity (oppposed by it) the same presupposition – the anti-thesis of singularity and pluraility – the concept of pluralism is itself totalitarian. Whereas participative unity does not (...) exclude diversity, but includes it. The practical relevance of the concept of participation is that it is not subject to the dialectic of diversity negating unity and unity negating diversity, because wherein everything comes together is exactly wherin everything is distinguished. A true pleading for plurality includes concern about community. (shrink)

American Christians have developed a long list of expectations about what the life with God will feel like. Many Christians rightly deny the Prosperity Gospel-the idea that God wants you to be healthy and wealthy- but instead embrace its more subtle spin-off, the Emotional Prosperity Gospel, or the belief that God wants you to always experience happiness and fulfillment. Our society has become increasingly averse to sadness and emotional discomfort. Too often, people of faith assume that difficult feelings are a (...) result of either God's judgment or our own lack of spiritual maturity. Some even equate happiness with holiness. In Holy Unhappiness, Amanda Held Opelt, author of A Hole in the World, grapples with her own experience of disillusionment when life didn't go the way she expected. She examines some of the historic, religious, and cultural influences that led to the idolization of positive feelings and the marginalization of negative feelings. Unpacking nine elements of life that have been tainted by the message of the Emotional Prosperity Gospel - including work, marriage, parenting, calling, community, and church - she points to a new path forward, one that reimagines what the "blessed" life can be like if we release some of our expectations and seek God in places we never thought to look. While Opelt acknowledges the dignity of desiring happiness, she ultimately pleads for the normalization of sadness, anger, grief, disappointment, and other uncomfortable feelings as a part of the Christian experience, making a case that there is holiness to be found even in our unhappiness. (shrink)

The concept of revolution marks the ultimate horizon of modern politics. It is instantiated by sites of both hope and horror. Within progressive thought, “revolution” often perpetuates entrenched philosophical problems: a teleological philosophy of history, economic reductionism, and normative paternalism. At a time of resurgent uprisings, how can revolution be reconceptualized to grasp the dynamics of social transformation and disentangle revolutionary practice from authoritarian usurpation? Eva von Redecker reconsiders critical theory’s understanding of radical change in order to offer a bold (...) new account of how revolution occurs. She argues that revolutions are not singular events but extended processes: beginning from the interstices of society, they succeed by gradually rearticulating social structures toward a new paradigm. Developing a theoretical account of social transformation, Praxis and Revolution incorporates a wide range of insights, from the Frankfurt School to queer theory and intersectionality. Its revised materialism furnishes prefigurative politics with their social conditions and performative critique with its collective force. Von Redecker revisits the French Revolution to show how change arises from struggle in everyday social practice. She illustrates the argument through rich literary examples—a ménage à trois inside a prison, a radical knitting circle, a queer affinity group, and petitioners pleading with the executioner—that forge a feminist, open-ended model of revolution. Praxis and Revolution urges readers not only to understand revolutions differently but also to situate them elsewhere: in collective contexts that aim to storm manifold Bastilles—but from within. (shrink)

First, a couple of emotional dilemmas:I love bringing my six-year-old to the Metropolitan Museum of Art when we are in New York in the summer. On Thursdays, they have a special hour for children. A curator first talks with them about an artwork and then encourages them to draw pictures inspired by it. My son seems to enjoy it. Yet every time I tell him that we are about to go to the MET, he says that he doesn’t want to. (...) Don’t you remember, I plead with him, that you liked it last time? No, he says, he didn’t. I cajole and bribe, and keep hoping that a day will come when he will remember how he felt about it last week.During a dissertation defense, I ask a question, and, as the candidate begins to answer, I realize... (shrink)

Recent years have seen an explosion of interest in the semantics of knowledge-attributing sentences, not just among epistemologists but among philosophers of language seeking a general understanding of linguistic context sensitivity. Despite all this critical attention, however, we are as far from consensus as ever. If we have learned anything, it is that each of the standard views—invariantism, contextualism, and sensitive invariantism—has its Achilles’ heel: a residuum of facts about our use of knowledge attributions that it can explain only with (...) special pleading. This is not surprising if, as I will argue, there is a grain of truth in each of these views. (shrink)

Ned Block argues that the higher-order (HO) approach to explaining consciousness is ‘defunct’ because a prominent objection (the ‘misrepresentation objection’) exposes the view as ‘incoherent’. What’s more, a response to this objection that I’ve offered elsewhere (Weisberg 2010) fails because it ‘amounts to abusing the notion of what-it’s-like-ness’ (xxx).1 In this response, I wish to plead guilty as charged. Indeed, I will continue herein to abuse Block’s notion of what-it’s-like-ness. After doing so, I will argue that the HO approach accounts (...) for the sense of what-it’s-like-ness that matters in a theory of consciousness. I will also argue that the only incoherence present in the HO theory is that generated by embracing Block’s controversial notion of what-it’s-like-ness, something no theorist of any stripe ought to do. Block is famous for (among other things) having introduced the notion of ‘phenomenal consciousness’ into contemporary philosophy of mind (Block 1995). This term is widely employed in the philosophical literature and it even appears in the empirical literature. But wide-speared usage has brought about divergent interpretations of the term. We can distinguish a ‘moderate’ and a ‘zealous’ reading of ‘phenomenal consciousness’. On the moderate reading, ‘phenomenal consciousness’ just means ‘experience’. Many people have embraced this sense of the term and use it to roughly pick out conscious experience involving sensory quality (states like conscious visual experiences or conscious pains, for example).2 On the zealous reading, however, phenomenal consciousness is held to be ‘distinct from any cognitive, intentional, or functional property’ (Block 1995: 234). That is, any explanation of phenomenal consciousness in exclusively cognitive, intentional, or functional terms will fail to capture, without remainder, what is really distinctive about phenomenal consciousness. Block, of course, is fully clear about embracing the zealous reading; indeed, his initial introduction of the notion is in those terms. The same ambiguity occurs with the much-used (and abused) idea of ‘what-it’s-like-ness’.. (shrink)

The Polish logician Roman Suszko has extensively pleaded in the 1970s for a restatement of the notion of many-valuedness. According to him, as he would often repeat, “there are but two logical values, true and false.” As a matter of fact, a result by W´ojcicki-Lindenbaum shows that any tarskian logic has a many-valued semantics, and results by Suszko-da Costa-Scott show that any many-valued semantics can be reduced to a two-valued one. So, why should one even consider using logics with more (...) than two values? Because, we argue, one has to decide how to deal with bivalence and settle down the tradeoff between logical 2-valuedness and truth-functionality, from a pragmatical standpoint. -/- This paper will illustrate the ups and downs of a two-valued reduction of logic. Suszko’s reductive result is quite non-constructive.We will exhibit here a way of effectively constructing the two-valued semantics of any logic that has a truth-functional finite-valued semantics and a sufficiently expressive language. From there, as we will indicate, one can easily go on to provide those logics with adequate canonical systems of sequents or tableaux. The algorithmic methods developed here can be generalized so as to apply to many non-finitely valued logics as well —or at least to those that admit of computable quasi tabular two-valued semantics, the so-called dyadic semantics. (shrink)

[Filip Tvrdý on Naturalizing Philosophy] The paper distinguishes several versions of contemporary naturalism: revisionary, constructive, and non-representational. Revisionary naturalism pleads substituting the traditional philosophical inquiry into the nature of things by a genetic inquiry into the origin of our – often faulty – beliefs about the nature of things. Constructive naturalism accepts the program of traditional philosophy, yet hoping that its questions could be answered by broadly scientific methods. Non-representational naturalism is an extension of metaethical expressivism, claiming that philosophical claims (...) should not be understood as descriptive in nature. These distinctions can help us classify the most self-consciously naturalistic project in the recent Czech philosophy, Filip Tvrdý’s TROUBLES OF INTROSPECTION (2015). Tvrdý is officially pursuing a genetic, revisionary project, which does not coincide with nonrepresentational naturalism. However, there are also traces of constructive naturalism in Tvrdý’s book. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When a Conflict Collapses on a Child: An (Aborted) Medical Evacuation of a Hazara Toddler During the Kabul Airport Blast and the Taliban TakeoverAyesha AhmadI work in the capacity of an academic researching conflict in Afghanistan. My commitment is rooted in the firm terrain of friendships that merged into sisterhood of the Afghan terrain spaning decades of war but which is also the home of poetics and legacies that (...) refuse to be clouded by the traumas of the land.As a medical ethicist situated in global health, I perceive the inadequate focus on recognising the mental health needs born from living in war as a moral injustice and a form of silencing the suffering. This injustice should be held by the geopolitical hands that play the chords of conflict.However, such research is all too often concluded before it can develop as too dangerous, or too risky, or even as unethical because potential participants are perceived (often, unjustifiably so) to be too vulnerable.Another peril of research is the boundary drawn between a particular experience of the research objective and the life experience of the research participant. Connecting as a researcher and in a personal capacity, I fell into a chasm unseen in the context from where I work in London, United Kingdom.I remember the evening before Kabul city fell to the forced control of the Taliban. My friends reminisced during a nightfall reflection on the battles where the city walls had barricaded its inhabitants from centuries of invaders trying to access the valley of a city surrounded by mountains. Kabul city is a haven for war. Its geographic location makes it desirable to conquer, but part of its desirability is because of how the mountains envelop where the languages, ethnicities, religions, and stories of the Silk Road have settled and rested. Once conquered, the city protects you. And Kabulis felt safe. And to that end, on that fateful night, we ended our conversation in the confidence of hope; that Kabul city would not fall, and with the heart of the country still intact, Afghanistan would be saved.The dawn arrived and so did the approach of the Taliban to the city gates. There were frantic and rapid whispers that transformed into screams. And then the moment came, the Taliban were within the city walls.The juxtaposition between the regular London traffic heaving and breathing, and the frantic, panicked sounds of horns and vehicles fleeing in Kabul that I heard through WhatsApp audios in the background to friends narrating their journey home, was as stark as the peace and war they both echoed. [End Page 167]Soon the stories started speaking, pleading, paining, pressuring—stories seeking survival. In the dawn, instead of the sun breaking the sky, I broke the morning to a friend during a telephone conversation who had just awoken and had not yet received the news. I told my friend that the Taliban were in Kabul city. The reaction was grief, just like the grief I had heard in their voice a few months prior when their beloved father had passed away and entered the grave before they had breathed the new dawn. In the dusk, instead of the moon shining upon the city, women, families, and children were sheltering from the darkness of the grave closing amid their breathing bodies.Then, the blast came. In the energy of the quest for safety, people, walking like pilgrims, surrounded Kabul airport, queuing like worshippers. Prayers died. Hell rose. The waiting crowd was fired upon. The air did not offer breath; instead, a final moment of the sound of war that had blighted lives.In the crowd was a family who I dedicate this article to. I write the story of the father, the mother, the daughter, and the son of that day. The family was Hazara, a disputed and discriminated ethnic minority in Afghanistan, of a legacy traced to the invasion of Genghis Khan, the founder of the Mongol Empire. Theirs is a story of travellers and a soil of stories; a particularly profound story because the parents had specialised in geology and were experts of the stones of their long heritage. Yet, still, they... (shrink)

Against the background of the present political and cultural disarray, this book asks: What can be learned from past historical examples of such decay? How can political life be restored now to its original purpose: the promotion of the "good life" or the "common good?" Taking up these key questions, the volume performs a deep dive into the historical and literary record, tracing out the collision of institutions and society, and the development of philosophical and ethical accounts of what constitutes (...) politics, the state, the public, and individuals. Throughout history, there have been a multiple trajectories for understanding the basic relationship between the state, power, society, and the ethical: the multivalent theories, unsurprisingly, have clashed and created rifts. At the same time, despite conflict and tumult, from ancient Athens and Tudor England, to the rise of fascism and authoritarianism in the previous and current centuries, a riptide of hope and praxes has endured that grounds the possibility of a society founded on solidarity. Towards this end, Fred Dallmayr pleads for the renewal of politics through the legacy of the "cardinal virtues" acting as chief remedy for the present disarray. (shrink)

Theology and the Cartesian Doctrine of Freedom, now for the first time available in English,was Étienne Gilson's doctoral thesis and part of a larger project to show the medieval roots of Descartes at a time when the very existence of medieval philosophy was often ignored. Young Descartes was sent to La Flèche, one of the Jesuits schools that offered a complete philosophical program, and Descartes would have had the same philosophical training as a Jesuit. There is some controversy about the (...) exact dates of Descartes's stay at La Flèche and consequently about his philosophy instructor. By Gilson's calculations François Véron taught Descartes for three years. Véron eventually left the Jesuits to be free to engage in extraordinarily aggressive anti-Calvinist polemics. If anything, Véron's overbearing manner may have contributed to Descartes antipathy toward Scholastic philosophy. (Whatever Descartes's objections to its philosophy curriculum, later in life he recommended la Flèche as the best school in France.) Descartes,s great intellectual mission in life was not his mathematics but his physics, which was understood as a part of philosophy. We see him navigate the shoals of heated theological and religious strife in his attempt to articulate the metaphysical foundations(and in particular a philosophical vision of God) for his physics or theory of nature. As a layman, he always pleaded ignorance in technically theological matters. He presented himself as a loyal Catholic, quite sincerely in the portrait Gilson paints. (shrink)

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

Stanley Milgram was the first who tried to apply the results of his experiment on National Socialism. Historical science has hardly picked up on this subject with the exception of the American historian Christopher Browning. Despite of some serious problems which have occured by transferring the Milgram-experiment onto National Socialism we are convinced that the possibilities Milgram has opened up for contemporary history have not been exhausted yet. In this connection we would like to plead for a stronger distinction of (...) types of perpetrators, taking into account the latest results in criminology. The Milgram-experiment refers methodically to local studies of massacres and genocides. Its application on the bureaucracy of destruction seems particularly promising to us. Also, there should be included the rescuers of jews into the research on perpetrators as a controlling body. (shrink)

English summary: [Is the Church spoiling its own future? A German Catholic inquires] Hans-Harald Sedlacek, a catholic non-professional, turns out to be a quite inspiring maverick. He looks for the reasons for the crisis of faith, which the roman-catholic church is presently deploring as well. With sharp-witted arguments he gets to the bottom of the truths of Christian beliefs, he scrutinizes the alleged infallibility and points out the problems of the sexual morals of the Church including the causes for shortage (...) of priests and child abuse. Furthermore ethical and philosophical topics like property and veraciousness are debated in a most interesting way.Clearly and openly he states his reasons for staying in the Catholic Church but also the urgent necessity to strengthen the reformatory movement within the Church. He deplores the missing unity of Christians and full of verve he pleads for a closer confluence. With his book he aims to motivate the doubtful and disappointed of his own Church as well as the searching of other Churches to work together critically for a mutual future of Christianity. German description: Hans-Harald Sedlacek, ein katholischer Laie, erweist sich als ausserst anregender Querdenker. Er fragt nach den Gruenden fuer die Glaubenskrise, die derzeit auch von der romisch-katholischen Amtskirche so sehr beklagt wird. In scharfsinnigen Streitgesprachen geht er christlichen Glaubenswahrheiten auf den Grund, hinterfragt Unfehlbarkeitsansprueche und problematisiert die sexuellen Moralvorstellungen der Kirche samt den Ursachen von Priestermangel und Kindesmissbrauch. Zudem werden ethische und philosophische Themen wie aEigentum und aWahrheitsliebe auf spannende Weise diskutiert. Offen und klar benennt Sedlacek die Gruende fuer sein Verbleiben in der katholischen Kirche, aber auch fuer die dringende Notwendigkeit einer Starkung der innerkirchlichen Reformbewegung. Er beklagt die fehlende Einheit der Christen und pladiert mit Verve fuer ein engeres Zusammenwachsen. Mit seinem Buch will er Zweifelnde und Enttauschte seiner eigenen Kirche ebenso wie Suchende anderer Kirchen zu einer kritischen Mitarbeit an der gemeinsamen Zukunft der Christenheit ermuntern. (shrink)

Body metaphors and body fables were frequently used in ancient discourse for social communities and politics. This article will examine a body fable by the Greek fabulist Babrius that has been overlooked in research so far. It shows a remarkable similarity to 1 Corinthians 12 through the use of central terms such as σῶμα and μέλος or personified speaking body parts such as an eye and head. Even if no literary direct dependence is claimed, the text, which was written at (...) about the same time as 1 Corinthians, sheds light on Paul's understanding of the body fable. It becomes apparent, however, that the rhetorical function is fundamentally different in the two texts. Whilst the body fable in Babrius reinforces hierarchical structures, Paul emphasises the equality of the various body parts. The discussion about the 'implicit ethics' of these two texts is hermeneutically embedded in the current Corona crisis and the management of the crisis in different forms of organisation and state. CONTRIBUTION: The contribution makes the overlooked Babrius Fable 134, a body fable in political context, known in New Testament scholarship. A comparison with 1 Corinthians 12 points out that despite close analogies in plot and vocabulary, the message regarding the social structure diverges radically: While Babrius propagates a reinforcement of hierarchical leadership, 1 Corinthians 12 pleads for a community based on equivalence. (shrink)