In ‘The Republic’, Plato famously reduced practical authority to theoretical authority, arguing that a just society must be governed by philosophers. This idea of the philosopher-king flourished in the medieval specula principum. The medieval papacy was grounded on a similar blend of practical and theoretical authority. The Pope was credited with the capacity to decide on the truth of beliefs because he was elected to office. In their fight against the omnicompetence of the Pope, Marsilius of Padua and (...) class='Hi'>William of Ockham were aware that in order to contain the power of the papal office, they had to find a way of legitimately distinguishing between theoretical and practical authority. Consequently, both of them severed the traditional link between political theory and virtue ethics, considering the virtue and the wisdom of the ruler as accidental to the legitimacy of government. In contrast to this demotion of theoretical authority in the state, both Marsilius and William argued that experts should play a bigger role in the church. The definition of true belief and heresy should not, according to them, lie in the hands of an elected official (i. e. the Pope), but rather in the hands of theological experts. This article aims to show that the critique of the papal monarchy gave rise to a new understanding of the distinction between theoretical and practical authority. (shrink)

The Franciscan William of Ockham (c.1285-c.1347) was the greatest theologian and philosopher of the first half of the fourteenth century. Spurred on by the activities of a papacy which he saw as destroying the very foundations of his Order, he devoted the last part of his life to examining the extent of papal power over Christians and its relationship to the secular government of people. On the Power of Emperors and Popes (1347) is his last work. Short, passionate and (...) lucid, it represents a distillation of his thought on these questions and forms an excellent and accessible introduction to his political thought as a whole. The extensive new annotations to the text bring to light the range of sources on which Ockham drew, while the new introduction places the work in its historical context and relates it to other works of medieval Franciscan political discourse. Translated here into English for the first time, the work will be of interest to all students and researchers in the field of medieval political thought. --the first English translation of Ockham's classic work, plus extensive new introduction, textual annotation, and bibliography --modern editorial apparatus connects the work with the whole body of Ockham's political thought --the new annotation provides historical and intellectual context and translations of Ockham's source references. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Relationship between Theology and Canon Law: Another Context of Political Thought in the Early Fourteenth CenturyTakashi ShogimenPolitical thought and ecclesiology in the early fourteenth century have often been assessed as a series of responses to the question of the relationship between church and state. The conflict between Pope Boniface VIII and Philippe IV at the turn of the thirteenth and fourteenth centuries acutely demonstrated the conflict between (...) the spiritual and temporal powers. The conflict between Pope John XXII and the claimant to the imperial throne, Ludwig of Bavaria, also seems to have formed the historical background against which contemporary intellectuals expounded their political and ecclesiological thought. Two recent excellent textbooks on medieval political thought discussed the early fourteenth century from such a perspective and situated Marsilius of Padua and William of Ockham, along with their papalist adversaries, in this context. 1It is indeed a fair treatment of the period; however, it is not the only legitimate perspective. For instance, an alternative perspective can be developed through an examination of the Poverty Controversy between Pope John XXII and the Franciscans. This dogmatic dispute over the question of whether Christ and the apostles did not own anything individually or communally had a political dimension: it involved discussions on the nature of papal power over the church and resulted in the refinement of the idea of natural rights. 2 The dichotomy [End Page 417] between the papal and imperial camps can also mislead historical interpretation if the fact that each camp was not monolithic is overlooked. Just as Marsilius and Ockham embraced different political views in the alleged imperial camp, so the alleged papal ideologists did not always share the same views. It has even been argued that the doctrines propounded by “papalists” and “anti-papalists” were not irreconcilable but differed only in emphasis. 3 It is easy to see that the problem of Church and State is not the all-embracing concern of the period.What, then, are the possible benchmarks against which we can evaluate the political views of contemporary thinkers? This paper is intended to suggest that there is another context against which political thought and ecclesiology in the early fourteenth century may be assessed: that is, the relationship between theology and canon law. The contemporary polemicists’ view on the role that theology and canon law should play in an ecclesiastical dispute such as the Poverty Controversy largely determined their political or ecclesiological perspectives. To show this, I should like to compare, in the context of the poverty dispute, the ecclesiological views of two theologians in the so-called “papalist” and “anti-papalist” camps respectively: Guido Terreni and John Baconthorpe on the one hand, and William of Ockham and Michael of Cesena on the other. The comparison between Terreni and Baconthorpe will elucidate clearly that their contrasting attitude toward the role of canon law in contemporary ecclesiastical disputes determined the paradigms of their ecclesiologies, resulting in two entirely different ecclesiologies, save the fact that they were both aimed at defending the position of Pope John XXII on Franciscan poverty. The comparison between Ockham and Michael of Cesena will reveal how their contrasting views on the nature of the Poverty Controversy—theological or canonistic—determined not only the pattern of their defense of the Franciscan doctrine of poverty but also the development of their polemics.The relationship between theology and canon law had been a perennial problem ever since the latter had grown into an independent discipline. Scholastic theologians in the thirteenth century were critical of canon law studies. Bonaventure, for example, affirmed theology’s superiority over canon law: he wrote that theology questioned propter quid, whereas canon law enquired into [End Page 418] quia. Bonaventure, following Aristotle, asserted that there are higher and lower sciences, and what for the higher science, theology, is the conclusion of its enquiry is for the lower science, canon law, its starting point. 4 Thomas Aquinas considered that the intrusion of the decretalists into theological matters was disagreeable and ridiculous, 5 as did Roger Bacon. 6 These theologians’ comments testify to the antagonism between theologians and canonists in the thirteenth century. Lawyers, too, were fully aware of this situation, as seen... (shrink)

The late 60s of the twentieth century, in Sergipe, was marked by the outbreak of a series of conflicts over land tenure and lack of work. In a period in which social movements were seen as subversive demonstrations, the struggle of the peasants of the region Cotinguiba was treated as a police matter, through repression and arrest of leaders. This article seeks to analyze the process of negotiation between the peasants of Sergipe Cotinguiba and the political and agrarian elites (...) in the land reform process institution in the state under the mediation of the Roman Catholic Archdiocese of Aracaju. This negotiation resulted in the creation of the Promotion of Sergipe Field Man and the formation of community farms under the supervision of the Metropolitan Archbishop of Aracaju, Dom Luciano Duarte. With this, it becomes possible to understand the actions of the clergy in the negotiation between peasants and landowners. (shrink)

Francisco de Vitoria (c. 1485-1546) is well-known for his philosophical contributions to natural rights and international law. However, his extensive work on the conflict between civil authority and the authority of the Catholic Church has been largely neglected by political theorists and intellectual historians. While scholars have recently recognized the significant role played by natural law in the history of political secularism, they have focused almost exclusively on the “modern” natural law theories of Hobbes, Pufendorf, and (...) Thomasius, as opposed to the “scholastic” natural law of early modern Thomists like Vitoria. This essay undertakes an analysis of Vitoria’s use of natural law theory in his approach to civil-ecclesiastical conflict. Contrary to critiques from the “modern” natural lawyers, it argues that Vitoria’s idea of natural law spearheads a forceful defence of the autonomy of civil power from ecclesiastical power. Based on his sharp distinction between the natural and the supernatural spheres of human life, Vitoria argues for a “dualist” position in which civil and ecclesiastical powers are independent and equally binding on human consciences. The essay acknowledges that Vitoria’s dualism ultimately gives way to his endorsement of papal supremacy over all Christian princes. However, this papalist conclusion does not follow from Vitoria’s natural law theory but rather from an opposing political principle: the notion of the universal Christian commonwealth. (shrink)

Gewirth, A. Marsilius of Padua and medieval political philosophy. Marsilius, of Padua. Defensor pacis.

Contrary to the received understanding that Francisco de Vitoria and Francisco Suárez ruled out religious war by grounding just cause in natural law, they supported a robust view of papal authority for war when necessary for the defense of the church against heretics, schismatics, and pagans as well as for the spread of Christianity and Christendom throughout the world. They believed that religious wars were in accord with natural law as a means to its fulfillment in Christianity, (...) as a justification for the defense of the church as the one true faith, and as a moral obligation to provide all of humanity with the opportunity to receive Christian truth and grace. The neo‐Thomists' vigorous support for religious war was in the mainstream of the Christian just war tradition from the time of the wars against pagans in the early middle ages through their own time. This finding and the continuation into the modern era of sanctified patriotism stemming from the mixing of church and state especially during war that began in early Middle Ages, along with the historic roots of the recently prominent presumption against war, argue for a more complex understanding of the normative Christian just war tradition than that found among supporters of the classic interpretation of that tradition. (shrink)

This article, drawing on Marsilius of Padua's Defensor Pacis, discusses Marsilius's theory of dominium, situating that theory within the context of the debate with Pope John XXII and William of Ockham. The author also reintroduces the long unsettled question of the extent of Marsilius's legal knowledge and training. The article closes by calling for a more sustained investigation of Marsilius's knowledge of Roman law, and of his relation to the poverty controversy and especially Ockham.

Sixteenth-century Spanish thought is constitutive of an established, though insufficiently studied, tradition of European political theorizing. As against the politics of Machiavellism, the Spanish tradition argued in favor of an ethical perspective on statecraft. As an introduction to the subject, this article addresses key concepts set forth by the Dominican theologian-jurist Francisco de Vitoria regarding the natural foundations and teleology of the state and its coercive power. Terms such as "natural law", "dominium", and "perfect community" describe the (...) Thomistic basis of his political philosophy and illustrate the moral significance and legitimate basis of political society in early modern Spanish politico-theological thought. El pensamiento español del siglo XVI constituye una tradición establecida de teorización política europea poco estudiada en los círculos académicos angloparlantes. En contraste con el maquiavelismo, la tradición española argumentó a favor de una perspectiva ética en torno al arte de gobernar. Como introducción a dicha temática, se abordan los conceptos clave establecidos por Francisco de Vitoria res-pecto de los fundamentos naturales y la teleología del Estado y su poder coercitivo. Conceptos tales como "ley natural", "dominio" y "comunidad perfecta" describen la base tomista de su filosofía política e ilustran el significado moral y fundamento legítimo de la sociedad política en el pensamiento político-teológico de la época. (shrink)

In the international sphere, sovereignty and fundamental rights are often at odds, giving these rights little space for action and, in general, only after crisis has led to tragedy, and tragedy to disgrace. International Law, on the other hand, consistently succumbs to forms of domination and power, and its scope of action is often limited to certain codifications which are frequently suspended by political exception. Sixteenth century Dominican theologian, Francisco de Vitoria, established the principles for a Law (...) of the people, based on secular civil power that, while still exercising internal sovereignty, could defend and privilege the “rights of all men” over the exercise of power and private interest. This article focuses on this dispute to show Vitoria’s position, who long preceded the great declarations of human rights of the 18 th century, presenting an original doctrine within the framework of an emerging globalization and based on the defense of fundamental rights. (shrink)

This article is a review and reflection of the new elements of rights and laws, applied to the principle of justice and sovereignty, but above all in the demonstration that law as a science once again allows us to conceive that as a science it evolves and must be modified according to the new conducts that the State and society require, such is the case of the constitutional recognition that this type of rights have. In the last decades, human beings (...) have evidenced that the way in which they interact with nature is causing serious consequences to the ecosystems that compose it. In the past, these consequences were not yet evident and, therefore, the environmental awareness that exists today did not exist. Therefore, it is necessary to analyze and reflect on certain conditions of this right in Ecuador. (shrink)

The Defensor pacis offers the possibility of solving the contradiction between formal law and material law. Marsilius of Padua proposes a reconciliation between harmonisation of law as formal positive rule and law as a material norm. If that antinomy admits conciliation, the Defensor pacis can be said to reconcile successfully two heterogeneous grounds of law, which in this case contradict each other only in appearance.

Resumen: El artículo analiza los escritos de Heidegger de 1911 sobre el “juramento modernista” exigido por Pío X. En la discusión de Heidegger con el liberalismo encontramos tensiones políticas que se mantienen hasta nuestros días. La separación efectiva entre Iglesia y Estado, la pretensión de una educación laica, el rol neutro de un Estado al que grupos ultraconservadores acusan de parcial e ideológico, son algunos de los problemas que aparecen en esta polémica.: The article analyzes Heidegger's 1911 writings on the (...) "modernist oath" demanded by Pius X. Heidegger's quarrel with liberalism exposes some political tensions that continues nowadays. The effective separation between church and state, the aim of a secular education, the neutral role of a state that ultraconservative groups accuse of being biased and ideological, are some of the problems that appear in this controversy. (shrink)

O artigo aborda teologicamente a problemática “fé-política” em sua unidade estrutural (respectividade constitutiva) e em sua autonomia relativa (especificidade, dinamismo, estrutura). Começa apresentando e confrontando alguns modos possíveis de seu tratamento (modo reducionista, modo dualista e modo estrutural) e assumindo o que nos parece o mais adequado e o mais conseqüente (modo estrutural). Em seguida, enfrenta-se com a problemática fé-política, esboçando, quase que a modo de teses, sua estrutura teológica fundamental: a fé tem uma dimensão política constitutiva sem se identificar (...) com ou se reduzir a ela; a política, em sua relativa autonomia, tem um caráter teologal radical ; tanto a dimensão política da fé quanto o caráter teologal da política carecem de mediações históricas – precisam ser mediatizados historicamente. E esse é, certamente, o aspecto mais complexo e mais polêmico da problemática. Aqui não faremos, senão, indicar algumas questões que nos parecem relevantes e decisivas nesse processo de mediação: objetividade da mediação, especificidade da missão da igreja, sujeitos eclesiais, caráter social da Igreja, o estritamente político da fé e a perspectiva dos pobres e oprimidos. Palavras-chave : Fé; Política; Cristianismo; Teologia Igreja.The present article addresses the theological issue "faith-politics" in its structural unit as well as in its relative autonomy (specificity, dynamics and structure). It begins by presenting and examining three possible ways of approaching the above named “faith-politics” issue, there is to say, reductionist, dual and structural ones. For that purpose, this article takes the last approach, the structural one, as the more consistent of all of them. Faith-politics issue is then dealt by addressing its basic theological structure. In this way, faith has a constitutive political dimension, nor identifying with politics neither being reduced to any politics interpretation. In its relative autonomy, politics then has a radical theological character. This article also emphasizes that political dimension of faith as well as its theological character of policy needs to be historically mediated. And that is certainly the most complex and controversial aspect of faith-politics issue. In other words, this article wishes to indicate some clues that seem to be relevant and decisive in this process of mediation: objectivity of the above-mentioned mediation, specificity of the mission of the church, social character of the Church, political character of faith and the perspective of the poor and oppressed people. Key-words : Faith; Politics; Christianity; Theology; Church. (shrink)

Este artigo pretende fundamentar o conceito teo-político na análise do regime colonial estabelecido na conquista da América. Estudando a construção do Padroado na península Ibérica, buscamos identificar como a crença, o poder, a doutrina eclesiástica e o direito civil estão articulados, tanto na Europa quanto no Novo Mundo. Com esse roteiro básico, chegamos ao estudo do Regalismo desenvolvido pelos pensadores ligados ao Estado. Demonstramos ainda que as idéias dos teólogos que pensaram a relação igreja e Estado no século XVIII não (...) eram tão distintas das elaboradas pelo laicato. Essa relação entre o poder e o crer percorre a história humana, mas cremos que conceito de soberania característico da Idade Moderna sobrepõe de modo específico os reinos divino e terrestre. Perceber essas variações dentro da economia teo-política contribui para entender melhor a secularização do Estado no decorrer do século XIX latino-americano e a herança deixada na difícil construção da democracia através do continente. Palavras-chave : Cristandade, Estado, Igreja, Soberania, CrençaThis article explain the concept of teo-political to analysis of the colonial established in conquest of America. Study the construction of Padroado in Iberian Peninsula, seek to identify manners of belief, power, ecclesiastical doctrine and civil law are articulated, in Europe and New World. In this way , we study the Regalismo developed by thinkers linked to the State. Demonstrate that the ideas of theologians who reflecting the relationship between Church and State in the 18th century were not as further than those established by laicato. This relationship between power and believe is presente in human history, but we believe that modern concept of sovereignty characteristic of Enlightment overlaps specific divine and secular kingdoms. Realize these historical variations within the teo-political economy contributes to better understand of Secularization of States in the 19th century Latin American and contribute to identify the inheritances in building democratical sistems in this continent. Keywords : Christianity, State, Church, Sovereignty, Beliefs. (shrink)

Assesses the limits and possibilities of humanism for engaging with issues of pressing political and cultural concern. In his book The End of Education: Toward Posthumanism, William V. Spanos critiqued the traditional Western concept of humanism, arguing that its origins are to be found not in ancient Greece’s love of truth and wisdom, but in the Roman imperial era, when those Greek values were adapted in the service of imperialism on a deeply rooted, metaphysical level. Returning (...) to that question of humanism in the context of the United States’ war on terror in the post-9/11 era, Toward a Non-humanist Humanism points out the dehumanizing dynamics of Western modernity in which the rule of law is increasingly made flexible to defend against threats both real and potential. Spanos considers and assesses the work of thinkers such as Giorgio Agamben, Alain Badiou, Judith Butler, Jacques Rancière, and Slavoj Žižek as humanistic reformers and concludes with an effort to imagine a different kind of humanism—a non-humanist humanism—in which the old binary of friend versus foe gives way to a coming community without ethnic, cultural, or sexual divisions. William V. Spanos is Distinguished Professor Emeritus of English and Comparative Literature at Binghamton University, State University of New York. He is the author of many books, including American Exceptionalism in the Age of Globalization: The Specter of Vietnam and Herman Melville and the American Calling: The Fiction after Moby-Dick, 1851–1857, both also published by SUNY Press. (shrink)

The paper aims to investigate the Kantian thought concerning the pre-juridical international relations. These relations are founded on the preliminary articles. In Towards Perpetual Peace, these articles constitute the morals minimal conditions through which individuals, States and people are protected against abuses from the state of nature. Kant’s thesis is that even in war, where there is not still a sphere public juridical, the moral elements must subsist. The preliminary articles are the first step towards the establishment of the international (...) law and of the cosmopolitan law. His moral elements constitute the fundamental principles through which the international relations have legitimacy to Kant. (shrink)

William of Ockham was a medieval English philosopher and theologian (he was born about 1285, perhaps as late as 1288, and died in 1347 or 1348). In 1328 Ockham turned away from 'pure' philosophy and theology to polemic. From that year until the end of his life he worked to overthrow what he saw as the tyranny of Pope John XXII (1316-1334) and of his successors Popes Benedict XII (1334-1342) and Clement VI (1342-1352). This campaign led him into questions (...) of ecclesiology (the study of the nature and structure of the Christian Church, e.g. of the functions and powers of the pope) and political philosophy. The Dialogus purports to be a transcript made by a mature student of lengthy discussions between himself and a university master about the various opinions of the learned on the matters disputed between John XXII and the dissident Franciscans. The student is usually the initiator; he chooses the topics, asks most of the questions and decides when he has heard enough. The master is, so to speak, an expert witness whom the student examines. This volume provides the first critical edition of part 3.2 of the Dialogus and deals with the relation between the empire and the nation-states and engages in the theory of property rights, natural law, and political freedom. (shrink)

This paper, which gives continuity to another article, analyzes the content of I Dialogus V, 14-22 and, in an appendix, presents our Portuguese translation of this excerpt. In these chapters, the Inceptor Venerabilis discusses whether St. Peter and the Roman Church possess primacy over all other apostles and churches; andwhether this primacy is granted by God himself. Ockham first presents, not ad litteram, the opinion of those who refute the thesis that Christ did not give primacy to Peter and (...) the Roman Church. Then, because this thesis fully deflates papal power, he proposes a contrary thesis based on five proofs. We conclude that Ockham’s unnamed opponent is Marsilius of Padua, whose opinions are in his Defensor Pacis. (shrink)

Este trabajo tiene por objeto investigar desde un punto vista histórico filosófico las consecuencias políticas de la separación entre la razón y la fe en el pensamiento de Marsilio de Padua. En él se explora la crisis que produce la aceptación irrestricta de la metafísica de Aristóteles, autor a partir del cual Marsilio realiza su análisis de la civitas, y algunas de sus consecuencias inmediatas en la filosofía política y el orden jurídico social de su tiempo: el uso de la (...) razón pura como instrumento exclusivo de análisis social, la separación de la ley humana de la ley eterna, y la búsqueda y consecución del bien común inmanente por sobre el trascendente, antecedentes que conforman el inicio del llamado liberalismo político. A modo de conclusión, se intentará demostrar que algunos de los postulados básicos que caracterizan el pensamiento liberal político moderno se encuentran virtualmente precontenidos en el pensamiento de este filósofo medieval. This work aims to investigate from a historic and philosophical point of view, the political consequences of the break up between faith and reason in Marsilius of Padua’s thought. It’s explored the crisis generated by the unrestricted acceptance of Aristotle’s metaphysics, from whom Marsilius raises his analysis of the civitas, and some of the immediate consequences in the political philosophy and the legal social order of his time: the use of pure reason as an exclusive instrument of social analysis, the separation of the human law from the eternal law, and the research and attainment of the immanent common good over the transcendent one, a background that builds the so called political liberalism. As a way to conclude, we’ll try to demonstrate that some of the basic premises that distinguish the modern liberal thought are virtually pre-held in Marsilius of Padua’s philosophy. (shrink)

This article is focused on the consideration and critique of some of the ideas exposed by the contemporary reflection on the normative models for a new international order. First, it discuses Rawls argumentative strategies, in which it is exposed the cosmopolitan idea of the transformation of the world order, beginning from the global economic justice requirement. Second, it demonstrates that the approach of Pogge’s global justice is insufficient because although he formulates a global redistributive proposal, it does not touch the (...) problem concerning the transformation of the relational power system within the current capitalist order. Lastly, it presents Cristina Lafont’s proposal for a human rights pluralist model, and considers, critically, her perspective for a regulatory-oriented world economic politics, within the new discourse on human rights. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was (...) often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

In this study, based in the main political works of D. Fr. Alvarus Pelagius O. Min. (c. 1270- c.1350) we analyze his conception on the origin or efficient cause of the spiritual power and, also, his thought about the finality or final cause of the mentioned power. Referring to the first topic, the Bishop of Silves wants principally refutes some Marsilius of Padua’s thesis contained in the Second Dictio of his Defensor Pacis, completely different of the theology of (...) the catholic priesthood and their hierarchic degrees and the Peter’s Primacy. With this purpose, ad litteram, he bases, between other sources, specially, in James’ of Viterbo OSA De regimine christiano (1301). Concerning the finality of the spiritual power, on the one hand, Alvarus supports the Church’s traditional thought about this matter and, the other hand, by consequence, as member and defender of the hierocratic thought, he defends the thesis according which, in the Societas Christiana, the priests, the bishops and, principally, the Roman Pontiff hold the most important position concerning the secular rulers. (shrink)

Few aspects of American military history have been as vigorously debated as Harry Truman's decision to use atomic bombs against Japan. In this carefully crafted volume, Michael Kort describes the wartime circumstances and thinking that form the context for the decision to use these weapons, surveys the major debates related to that decision, and provides a comprehensive collection of key primary source documents that illuminate the behavior of the United States and Japan during the closing days of World War II. (...) Kort opens with a summary of the debate over Hiroshima as it has evolved since 1945. He then provides a historical overview of thye events in question, beginning with the decision and program to build the atomic bomb. Detailing the sequence of events leading to Japan's surrender, he revisits the decisive battles of the Pacific War and the motivations of American and Japanese leaders. Finally, Kort examines ten key issues in the discussion of Hiroshima and guides readers to relevant primary source documents, scholarly books, and articles. (shrink)

This book focuses on the reception of classical political ideas in the political thought of the fourteenth-century Italian writer Marsilius of Padua. Vasileios Syros provides a novel cross-cultural perspective on Marsilius’s theory and breaks fresh ground by exploring linkages between his ideas and the medieval Muslim, Jewish, and Byzantine traditions. Syros investigates Marsilius’s application of medical metaphors in his discussion of the causes of civil strife and the desirable political organization. He also demonstrates how (...) Marsilius’s demarcation between ethics and politics and his use of examples from Greek mythology foreshadow early modern political debates (involving such prominent political authors as Niccolò Machiavelli and Paolo Sarpi) about the political dimension of religion, church-state relations, and the emergence and decline of the state. (shrink)

This article has as its theme the relationship between "power", "reason" and "religion" in O alienista, one of the central texts of Machado de Assis, written in 1881 and initially published in eleven chapters, between October 1881 and March 1882. It is intended to identify and analyze the power relations between the State ("Throne") and the Catholic Church ("Altar"); as well as to highlight the relations between "reason" (science) and its "absence" (madness); without neglecting the Machadian denunciations and criticisms of (...) scientism prevailing in the nineteenth century. To do so, at first, it is presented, even if summarily, the Author and the Tale; in a second moment, shedding lights on its "space", "time" and "action" its plot, necessary assumption for the last moment, where the "Power", "Reason" and "Religion" will be analyzed. This research is justified by the relevance of the author, the place that the alienist occupies in the set of his works, as well as the social relevance of his ironic criticisms. In this analysis, a bibliographic method of critical-analytical reading of the Tale was used, using also the interpretations of some scholars, listed in the References. (shrink)

In general, the development of the theory of the legal system has focused on the contributions of legal positivism authors, leaving to one side the contributions of natural law theory. This study seeks to rebuild the theory of the legal system developed by the School of Salamanca’s founder, Francisco de Vitoria, showing its explanatory advantages in comparison with the first analytical legal theory of legal system formulated by John Austin. This study shows that, just as in Austin, it (...) is possible in Francisco de Vitoria to reconstruct the existence and identity criteria of legal systems from the notions of command and sovereignty. These findings allow us to maintain that 300 years before Austin, and in a non-analytical environment, Francisco de Vitoria developed a theory of legal system. (shrink)

Francisco de Vitoria is regularly included in the genealogy of humanitarian intervention. He is invoked as both historical precedent and legitimizing authority, which raises the question of his trans-historical relevance in contemporary debates on humanitarian intervention. This article argues that Vitoria's thinking about defending the innocent cannot be abstracted from his theology and remain coherent. Specifically, it argues that the illocutionary force of his position is entirely lost once it is separated from the belief that man is (...) created in the image of God. The article concludes by arguing that Vitoria's thought has little prescriptive value in contemporary debates. Nevertheless, his thought is still worth engaging because it is suggestive of the kinds of questions that contemporary scholars must pose and answer, albeit in the circumstances of their own time and place. (shrink)

The article presents a set of articles on the present and projection of the scholastic tradition. The starting point is the anthropological turn that, within scholasticism and at the beginning of the fourteenth century, privileged the study of ethics, law and politics and, consequently, the forced development of a moral theology concerned with the human coexistence. The second scholasticism, prolonging this tradition throughout the 16th and 17th centuries, could not remain oblivious to the implications of the profound changes that were (...) taking place: the Discovery of America, the Protestant Reformation, the development of a commercial proto-capitalism and the strengthening of the monarchies. As the Reformation was consolidated in a good part of the European territories, intellectual borders were raised between the various confessions. However - and this is the focus of the papers presented - these borders were porous and, despite the climate of confrontation, various indirect communication channels managed to maintain a single intellectual republic. (shrink)

Table of contentsI1 Proceedings of the 4th World Conference on Research IntegrityConcurrent Sessions:1. Countries' systems and policies to foster research integrityCS01.1 Second time around: Implementing and embedding a review of responsible conduct of research policy and practice in an Australian research-intensive universitySusan Patricia O'BrienCS01.2 Measures to promote research integrity in a university: the case of an Asian universityDanny Chan, Frederick Leung2. Examples of research integrity education programmes in different countriesCS02.1 Development of a state-run “cyber education program of research ethics” in (...) KoreaEun Jung Ko, Jin Sun Kwak, TaeHwan Gwon, Ji Min Lee, Min-Ho LeeCS02.3 Responsible conduct of research teachers’ training courses in Germany: keeping on drilling through hard boards for more RCR teachersHelga Nolte, Michael Gommel, Gerlinde Sponholz3. The research environment and policies to encourage research integrityCS03.1 Challenges and best practices in research integrity: bridging the gap between policy and practiceYordanka Krastev, Yamini Sandiran, Julia Connell, Nicky SolomonCS03.2 The Slovenian initiative for better research: from national activities to global reflectionsUrsa Opara Krasovec, Renata SribarCS03.3 Organizational climate assessments to support research integrity: background of the Survey of Organizational Research Climate and the experience with its use at Michigan State UniversityBrian C. Martinson, Carol R. Thrush, C.K. Gunsalus4. Expressions of concern and retractionsCS04.1 Proposed guidelines for retraction notices and their disseminationIvan Oransky, Adam MarcusCS04.2 Watching retractions: analysis of process and practice, with data from the Wiley retraction archivesChris Graf, Verity Warne, Edward Wates, Sue JoshuaCS04.3 An exploratory content analysis of Expressions of ConcernMiguel RoigCS04.4 An ethics researcher in the retraction processMichael Mumford5. Funders' role in fostering research integrityCS05.1 The Fonds de Recherche du Québec’s institutional rules on the responsible conduct of research: introspection in the funding agency activitiesMylène Deschênes, Catherine Olivier, Raphaëlle Dupras-LeducCS05.2 U.S. Public Health Service funds in an international setting: research integrity and complianceZoë Hammatt, Raju Tamot, Robin Parker, Cynthia Ricard, Loc Nguyen-Khoa, Sandra TitusCS05.3 Analyzing decision making of funders of public research as a case of information asymmetryKarsten Klint JensenCS05.4 Research integrity management: Empirical investigation of academia versus industrySimon Godecharle, Ben Nemery, Kris Dierickx5A: Education: For whom, how, and what?CS05A.1 Research integrity or responsible conduct of research? What do we aim for?Mickey Gjerris, Maud Marion Laird Eriksen, Jeppe Berggren HoejCS05A.2 Teaching and learning about RCR at the same time: a report on Epigeum’s RCR poll questions and other assessment activitiesNicholas H. SteneckCS05A.4 Minding the gap in research ethics education: strategies to assess and improve research competencies in community health workers/promoteresCamille Nebeker, Michael Kalichman, Elizabeth Mejia Booen, Blanca Azucena Pacheco, Rebeca Espinosa Giacinto, Sheila Castaneda6. Country examples of research reward systems and integrityCS06.1 Improving systems to promote responsible research in the Chinese Academy of SciencesDing Li, Qiong Chen, Guoli Zhu, Zhonghe SunCS06.4 Exploring the perception of research integrity amongst public health researchers in IndiaParthasarathi Ganguly, Barna Ganguly7. Education and guidance on research integrity: country differencesCS07.1 From integrity to unity: how research integrity guidance differs across universities in Europe.Noémie Aubert Bonn, Kris Dierickx, Simon GodecharleCS07.2 Can education and training develop research integrity? The spirit of the UNESCO 1974 recommendation and its updatingDaniele Bourcier, Jacques Bordé, Michèle LeducCS07.3 The education and implementation mechanisms of research ethics in Taiwan's higher education: an experience in Chinese web-based curriculum development for responsible conduct of researchChien Chou, Sophia Jui-An PanCS07.4 Educating principal investigators in Swiss research institutions: present and future perspectivesLouis Xaver Tiefenauer8. Measuring and rewarding research productivityCS08.1 Altimpact: how research integrity underpins research impactDaniel Barr, Paul TaylorCS08.2 Publication incentives: just reward or misdirection of funds?Lyn Margaret HornCS08.3 Why Socrates never charged a fee: factors contributing to challenges for research integrity and publication ethicsDeborah Poff9. Plagiarism and falsification: Behaviour and detectionCS09.1 Personality traits predict attitude towards plagiarism of self and others in biomedicine: plagiarism, yes we can?Martina Mavrinac, Gordana Brumini, Mladen PetrovečkiCS09.2 Investigating the concept of and attitudes toward plagiarism for science teachers in Brazil: any challenges for research integrity and policy?Christiane Coelho Santos, Sonia VasconcelosCS09.3 What have we learnt?: The CrossCheck Service from CrossRefRachael LammeyCS09.4 High p-values as a sign of data fabrication/falsificationChris Hartgerink, Marcel van Assen, Jelte Wicherts10. Codes for research integrity and collaborationsCS10.1 Research integrity in cross-border cooperation: a Nordic exampleHanne Silje HaugeCS10.3 Research integrity, research misconduct, and the National Science Foundation's requirement for the responsible conduct of researchAaron MankaCS10.4 A code of conduct for international scientific cooperation: human rights and research integrity in scientific collaborations with international academic and industry partnersRaffael Iturrizaga11. Countries' efforts to establish mentoring and networksCS11.1 ENRIO : a network facilitating common approaches on research integrity in EuropeNicole FoegerCS11.2 Helping junior investigators develop in a resource-limited country: a mentoring program in PeruA. Roxana Lescano, Claudio Lanata, Gissella Vasquez, Leguia Mariana, Marita Silva, Mathew Kasper, Claudia Montero, Daniel Bausch, Andres G LescanoCS11.3 Netherlands Research Integrity Network: the first six monthsFenneke Blom, Lex BouterCS11.4 A South African framework for research ethics and integrity for researchers, postgraduate students, research managers and administratorsLaetus OK Lategan12. Training and education in research integrity at an early career stageCS12.1 Research integrity in curricula for medical studentsGustavo Fitas ManaiaCS12.2 Team-based learning for training in the responsible conduct of research supports ethical decision-makingWayne T. McCormack, William L. Allen, Shane Connelly, Joshua Crites, Jeffrey Engler, Victoria Freedman, Cynthia W. Garvan, Paul Haidet, Joel Hockensmith, William McElroy, Erik Sander, Rebecca Volpe, Michael F. VerderameCS12.4 Research integrity and career prospects of junior researchersSnezana Krstic13. Systems and research environments in institutionsCS13.1 Implementing systems in research institutions to improve quality and reduce riskLouise HandyCS13.2 Creating an institutional environment that supports research integrityDebra Schaller-DemersCS13.3 Ethics and Integrity Development Grants: a mechanism to foster cultures of ethics and integrityPaul Taylor, Daniel BarrCS13.4 A culture of integrity at KU LeuvenInge Lerouge, Gerard Cielen, Liliane Schoofs14. Peer review and its role in research integrityCS14.1 Peer review research across disciplines: transdomain action in the European Cooperation in Science and Technology “New Frontiers of Peer Review ”Ana Marusic, Flaminio SquazzoniCS14.2 Using blinding to reduce bias in peer reviewDavid VauxCS14.3 How to intensify the role of reviewers to promote research integrityKhalid Al-Wazzan, Ibrahim AlorainyCS14.4 Credit where credit’s due: professionalizing and rewarding the role of peer reviewerChris Graf, Verity Warne15. Research ethics and oversight for research integrity: Does it work?CS15.1 The psychology of decision-making in research ethics governance structures: a theory of bounded rationalityNolan O'Brien, Suzanne Guerin, Philip DoddCS15.2 Investigator irregularities: iniquity, ignorance or incompetence?Frank Wells, Catherine BlewettCS15.3 Academic plagiarismFredric M. Litto16. Research integrity in EuropeCS16.1 Whose responsibility is it anyway?: A comparative analysis of core concepts and practice at European research-intensive universities to identify and develop good practices in research integrityItziar De Lecuona, Erika Löfstrom, Katrien MaesCS16.2 Research integrity guidance in European research universitiesKris Dierickx, Noémie Bonn, Simon GodecharleCS16.3 Research Integrity: processes and initiatives in Science Europe member organisationsTony Peatfield, Olivier Boehme, Science Europe Working Group on Research IntegrityCS16.4 Promoting research integrity in Italy: the experience of the Research Ethics and Bioethics Advisory Committee of the Consiglio Nazionale delle Ricerche Cinzia Caporale, Daniele Fanelli17. Training programs for research integrity at different levels of experience and seniorityCS17.1 Meaningful ways to incorporate research integrity and the responsible conduct of research into undergraduate, graduate, postdoctoral and faculty training programsJohn Carfora, Eric Strauss, William LynnCS17.2 "Recognize, respond, champion": Developing a one-day interactive workshop to increase confidence in research integrity issuesDieter De Bruyn, Bracke Nele, Katrien De Gelder, Stefanie Van der BurghtCS17.4 “Train the trainer” on cultural challenges imposed by international research integrity conversations: lessons from a projectJosé Roberto Lapa e Silva, Sonia M. R. Vasconcelos18. Research and societal responsibilityCS18.1 Promoting the societal responsibility of research as an integral part of research integrityHelene IngierdCS18.2 Social responsibility as an ethical imperative for scientists: research, education and service to societyMark FrankelCS18.3 The intertwined nature of social responsibility and hope in scienceDaniel Vasgird, Stephanie BirdCS18.4 Common barriers that impede our ability to create a culture of trustworthiness in the research communityMark Yarborough19. Publication ethicsCS19.1 The authors' forum: A proposed tool to improve practices of journal editors and promote a responsible research environmentIbrahim Alorainy, Khalid Al-WazzanCS19.2 Quantifying research integrity and its impact with text analyticsHarold GarnerCS19.3 A closer look at authorship and publication ethics of multi- and interdisciplinary teamsLisa Campo-Engelstein, Zubin Master, Elise Smith, David Resnik, Bryn Williams-JonesCS19.4 Invisibility of duplicate publications in biomedicineMario Malicki, Ana Utrobicic, Ana Marusic20. The causes of bad and wasteful research: What can we do?CS20.1 From countries to individuals: unravelling the causes of bias and misconduct with multilevel meta-meta-analysisDaniele Fanelli, John PA IoannidisCS20.2 Reducing research waste by integrating systems of oversight and regulationGerben ter Riet, Tom Walley, Lex Marius BouterCS20.3 What are the determinants of selective reporting?: The example of palliative care for non-cancer conditionsJenny van der Steen, Lex BouterCS20.4 Perceptions of plagiarism, self-plagiarism and redundancy in research: preliminary results from a national survey of Brazilian PhDsSonia Vasconcelos, Martha Sorenson, Francisco Prosdocimi, Hatisaburo Masuda, Edson Watanabe, José Carlos Pinto, Marisa Palácios, José Lapa e Silva, Jacqueline Leta, Adalberto Vieyra, André Pinto, Mauricio Sant’Ana, Rosemary Shinkai21. Are there country-specific elements of misconduct?CS21.1 The battle with plagiarism in Russian science: latest developmentsBoris YudinCS21.2 Researchers between ethics and misconduct: A French survey on social representations of misconduct and ethical standards within the scientific communityEtienne Vergès, Anne-Sophie Brun-Wauthier, Géraldine VialCS21.3 Experience from different ways of dealing with research misconduct and promoting research integrity in some Nordic countriesTorkild VintherCS21.4 Are there specifics in German research misconduct and the ways to cope with it?Volker Bähr, Charité22. Research integrity teaching programmes and their challengesCS22.1 Faculty mentors and research integrityMichael Kalichman, Dena PlemmonsCS22.2 Training the next generation of scientists to use principles of research quality assurance to improve data integrity and reliabilityRebecca Lynn Davies, Katrina LaubeCS22.3 Fostering research integrity in a culturally-diverse environmentCynthia Scheopner, John GallandCS22.4 Towards a standard retraction formHervé Maisonneuve, Evelyne Decullier23. Commercial research and integrityCS23.1 The will to commercialize: matters of concern in the cultural economy of return-on-investment researchBrian NobleCS23.2 Quality in drug discovery data reporting: a mission impossible?Anja Gilis, David J. Gallacher, Tom Lavrijssen, Malwitz David, Malini Dasgupta, Hans MolsCS23.3 Instituting a research integrity policy in the context of semi-private-sector funding: an example in the field of occupational health and safetyPaul-Emile Boileau24. The interface of publication ethics and institutional policiesCS24.1 The open access ethical paradox in an open government effortTony SavardCS24.2 How journals and institutions can work together to promote responsible conductEric MahCS24.3 Improving cooperation between journals and research institutions in research integrity casesElizabeth Wager, Sabine Kleinert25. Reproducibility of research and retractionsCS25.1 Promoting transparency in publications to reduce irreproducibilityVeronique Kiermer, Andrew Hufton, Melanie ClyneCS25.2 Retraction notices issued for publications by Latin American authors: what lessons can we learn?Sonia Vasconcelos, Renan Moritz Almeida, Aldo Fontes-Pereira, Fernanda Catelani, Karina RochaCS25.3 A preliminary report of the findings from the Reproducibility Project: Cancer biologyElizabeth Iorns, William Gunn26. Research integrity and specific country initiativesCS26.1 Promoting research integrity at CNRS, FranceMichèle Leduc, Lucienne LetellierCS26.2 In pursuit of compliance: is the tail wagging the dog?Cornelia MalherbeCS26.3 Newly established research integrity policies and practices: oversight systems of Japanese research universitiesTakehito Kamata27. Responsible conduct of research and country guidelinesCS27.1 Incentives or guidelines? Promoting responsible research communication through economic incentives or ethical guidelines?Vidar EnebakkCS27.3 Responsible conduct of research: a view from CanadaLynn PenrodCS27.4 The Danish Code of Conduct for Research Integrity: a national initiative to promote research integrity in DenmarkThomas Nørgaard, Charlotte Elverdam28. Behaviour, trust and honestyCS28.1 The reasons behind non-ethical behaviour in academiaYves FassinCS28.2 The psychological profile of the dishonest scholarCynthia FekkenCS28.3 Considering the implications of Dan Ariely’s keynote speech at the 3rd World Conference on Research Integrity in MontréalJamal Adam, Melissa S. AndersonCS28.4 Two large surveys on psychologists’ views on peer review and replicationJelte WichertsBrett Buttliere29. Reporting and publication bias and how to overcome itCS29.1 Data sharing: Experience at two open-access general medical journalsTrish GrovesCS29.2 Overcoming publication bias and selective reporting: completing the published recordDaniel ShanahanCS29.3 The EQUATOR Network: promoting responsible reporting of health research studiesIveta Simera, Shona Kirtley, Eleana Villanueva, Caroline Struthers, Angela MacCarthy, Douglas Altman30. The research environment and its implications for integrityCS30.1 Ranking of scientists: the Russian experienceElena GrebenshchikovaCS30.4 From cradle to grave: research integrity, research misconduct and cultural shiftsBronwyn Greene, Ted RohrPARTNER SYMPOSIAPartner Symposium AOrganized by EQUATOR Network, Enhancing the Quality and Transparency of Health ResearchP1 Can we trust the medical research literature?: Poor reporting and its consequencesIveta SimeraP2 What can BioMed Central do to improve published research?Daniel Shanahan, Stephanie HarrimanP3 What can a "traditional" journal do to improve published research?Trish GrovesP4 Promoting good reporting practice for reliable and usable research papers: EQUATOR Network, reporting guidelines and other initiativesCaroline StruthersPartner Symposium COrganized by ENRIO, the European Network of Research Integrity OfficersP5 Transparency and independence in research integrity investigations in EuropeKrista Varantola, Helga Nolte, Ursa Opara, Torkild Vinther, Elizabeth Wager, Thomas NørgaardPartner Symposium DOrganized by IEEE, the Institute of Electrical and Electronics EngineersRe-educating our author community: IEEE's approach to bibliometric manipulation, plagiarism, and other inappropriate practicesP6 Dealing with plagiarism in the connected world: An Institute of Electrical and Electronics Engineers perspectiveJon RokneP7 Should evaluation of raises, promotion, and research proposals be tied to bibliometric indictors? What the Institute of Electrical and Electronics Engineers is doing to answer this questionGianluca SettiP8 Recommended practices to ensure conference content qualityGordon MacPhersonPartner Symposium EOrganized by the Committee on Freedom and Responsibility in the Conduct of Science of ICSU, the International Council for ScienceResearch assessment and quality in science: perspectives from international science and policy organisationsP9 Challenges for science and the problems of assessing researchEllen HazelkornP10 Research assessment and science policy developmentCarthage SmithP11 Research integrity in South Africa: the value of procedures and processes to global positioningRobert H. McLaughlinP12 Rewards, careers and integrity: perspectives of young scientists from around the worldTatiana Duque MartinsPartner Symposium FOrganized by the Online Resource Center for Ethics Education in Engineering and Science / Center for Engineering, Ethics, and Society of the National Academy of EngineeringP13 Research misconduct: conceptions and policy solutionsTetsuya Tanimoto, Nicholas Steneck, Daniele Fanelli, Ragnvald Kalleberg, Tajammul HusseinPartner Symposium HOrganized by ORI, the Office of Research Integrity; Universitas 21; and the Asia Pacific Research Integrity NetworkP14 International integrity networks: working together to ensure research integrityPing Sun, Ovid Tzeng, Krista Varantola, Susan ZimmermanPartner Symposium IOrganized by COPE, the Committee on Publication EthicsPublication without borders: Ethical challenges in a globalized worldP15 Authorship: credit and responsibility, including issues in large and interdisciplinary studiesRosemary ShinkaiPartner Symposium JOrganized by CITI, the Cooperative Institutional Training InitiativeExperiences on research integrity educational programs in Colombia, Costa Rica and PeruP16 Experiences in PeruRoxana LescanoP17 Experiences in Costa RicaElizabeth HeitmanP18 Experiences in ColumbiaMaria Andrea Rocio del Pilar Contreras NietoPoster Session B: Education, training, promotion and policyPT.01 The missing role of journal editors in promoting responsible researchIbrahim Alorainy, Khalid Al-WazzanPT.02 Honorary authorship in Taiwan: why and who should be in charge?Chien Chou, Sophia Jui-An PanPT.03 Authorship and citation manipulation in academic researchEric Fong, Al WilhitePT.04 Open peer review of research submission at medical journals: experience at BMJ Open and The BMJTrish GrovesPT.05 Exercising authorship: claiming rewards, practicing integrityDésirée Motta-RothPT.07 Medical scientists' views on publication culture: a focus group studyJoeri Tijdink, Yvo SmuldersPoster Session B: Education, training, promotion and policyPT.09 Ethical challenges in post-graduate supervisionLaetus OK LateganPT.10 The effects of viable ethics instruction on international studentsMichael Mumford, Logan Steele, Logan Watts, James Johnson, Shane Connelly, Lee WilliamsPT.11 Does language reflect the quality of research?Gerben ter Riet, Sufia Amini, Lotty Hooft, Halil KilicogluPT.12 Integrity complaints as a strategic tool in policy decision conflictsJanneke van Seters, Herman Eijsackers, Fons Voragen, Akke van der Zijpp and Frans BromPoster Session C: Ethics and integrity intersectionsPT.14 Regulations of informed consent: university-supported research processes and pitfalls in implementationBadaruddin Abbasi, Naif Nasser AlmasoudPT.15 A review of equipoise as a requirement in clinical trialsAdri LabuschagnePT.16 The Research Ethics Library: online resource for research ethics educationJohanne Severinsen, Espen EnghPT.17 Research integrity: the view from King Abdulaziz City for Science and TechnologyDaham Ismail AlaniPT. 18 Meeting global challenges in high-impact publications and research integrity: the case of the Malaysian Palm Oil BoardHJ. Kamaruzaman JusoffPT.19 University faculty perceptions of research practices and misconductAnita Gordon, Helen C. HartonPoster Session D: International perspectivesPT.21 The Commission for Scientific Integrity as a response to research fraudDieter De Bruyn, Stefanie Van der BurghtPT. 22 Are notions of the responsible conduct of research associated with compliance with requirements for research on humans in different disciplinary traditions in Brazil?Karina de Albuquerque Rocha, Sonia Maria Ramos de VasconcelosPT.23 Creating an environment that promotes research integrity: an institutional model of Malawi Liverpool Welcome TrustLimbanazo MatandikaPT.24 How do science policies in Brazil influence user-engaged ecological research?Aline Carolina de Oliveira Machado Prata, Mark William NeffPoster Session E: Perspectives on misconductPT.26 What “causes” scientific misconduct?: Testing major hypotheses by comparing corrected and retracted papersDaniele Fanelli, Rodrigo Costas, Vincent LarivièrePT.27 Perception of academic plagiarism among dentistry studentsDouglas Leonardo Gomes Filho, Diego Oliveira GuedesPT. 28 a few bad apples?: Prevalence, patterns and attitudes towards scientific misconduct among doctoral students at a German university hospitalVolker Bähr, Niklas Keller, Markus Feufel, Nikolas OffenhauserPT. 29 Analysis of retraction notices published by BioMed CentralMaria K. Kowalczuk, Elizabeth C. MoylanPT.31 "He did it" doesn't work: data security, incidents and partnersKatie SpeanburgPoster Session F: Views from the disciplinesPT.32 Robust procedures: a key to generating quality results in drug discoveryMalini Dasgupta, Mariusz Lubomirski, Tom Lavrijssen, David Malwitz, David Gallacher, Anja GillisPT.33 Health promotion: criteria for the design and the integrity of a research projectMaria Betânia de Freitas Marques, Laressa Lima Amâncio, Raphaela Dias Fernandes, Oliveira Patrocínio, and Cláudia Maria Correia Borges RechPT.34 Integrity of academic work from the perspective of students graduating in pharmacy: a brief research studyMaria Betânia de Freitas Marques, Cláudia Maria Correia Borges Rech, Adriana Nascimento SousaPT.35 Research integrity promotion in the Epidemiology and Health Services, the journal of the Brazilian Unified Health SystemLeila Posenato GarciaPT.36 When are clinical trials registered? An analysis of prospective versus retrospective registration of clinical trials published in the BioMed Central series, UKStephanie Harriman, Jigisha PatelPT.37 Maximizing welfare while promoting innovation in drug developmentFarida LadaOther posters that will be displayed but not presented orally:PT.38 Geoethics and the debate on research integrity in geosciencesGiuseppe Di Capua, Silvia PeppoloniPT.39 Introducing the Professionalism and Integrity in Research Program James M. DuBois, John Chibnall, Jillon Van der WallPT.40 Validation of the professional decision-making in research measureJames M. DuBois, John Chibnall, Jillon Van der Wall, Raymond TaitPT.41 General guidelines for research ethicsJacob HolenPT. 42 A national forum for research ethicsAdele Flakke Johannessen, Torunn EllefsenPT.43 Evaluation of integrity in coursework: an approach from the perspective of the higher education professorClaudia Rech, Adriana Sousa, Maria Betânia de Freitas MarquesPT.44 Principles of geoethics and research integrity applied to the European Multidisciplinary Seafloor and Water Column Observatory, a large-scale European environmental research infrastructureSilvia Peppoloni, Giuseppe Di Capua, Laura BeranzoliF1 Focus track on improving research systems: the role of fundersPaulo S.L. Beirão, Susan ZimmermanF2 Focus track on improving research systems: the role of countriesSabine Kleinert, Ana MarusicF3 Focus track on improving research systems: the role of institutionsMelissa S. Anderson, Lex Bouter. (shrink)

The United States Constitution is arguably the greatest practical achievement of the Enlightenment. Yet most of the elements of the Constitution are borrowed from elsewhere. Its single wholly original component is the separation of church and state. The doctrine of separation has become controversial of late: Numerous ministers and politicians insist that the United States is in truth a "Christian nation" with Christian institutions that has been overtaken by secular humanism; they call for bringing the United States back to its (...) original unity with Christianity. They argue, accordingly, that although toleration of other faiths might be practiced, the explicitly Christian character of the nation and its political institutions should be reasserted in law and policy rather than denied by secularists. Pat Robertson, for example, has maintained that separation of church and state is a "lie of the left.". (shrink)

In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal (...) status and its consequences have to be clarified. For Gentili on the other hand, sovereign states in their plurality are the pinnacle of the legal order(s). His model of a globally valid ius gentium then oscillates between being analogous to private law, depending on individual acceptance by states and being natural law, appearing in a certain sense as a form rather of morality than of law. (shrink)

This volume contains selections of Ockham's philosophical writings which give a balanced introductory view of his work in logic, metaphysics, and ethics.

ABSTRACT This article outlines Francisco de Vitoria's conception of natural law and natural right in an effort to amend a number of interpretations in the academic literature on his political and international thought that misapprehend Vitoria's iusnaturalism. In this view, his use of the Thomist doctrine of natural law and justice lays the foundation for his works on politics, society and international relations since the doctrine itself espouses equality and justice both within the domestic realm and (...) between discrete communities. In an implicit appeal to the link between ethics and politics, his doctrine of natural law, moreover, fulfills a critical and constitutional role by designating justice and the common good as a pattern of order to which power and authority must conform in order to be legitimate. RESUMEN Se esboza la concepción de ley natural y derecho natural de Francisco de Vitoria con el fin de corregir varias de las interpretaciones de su pensamiento político e internacional que se encuentran en la literatura académica y que malentienden el iusnaturalismo de Vitoria. Se argumenta que la utilización que hace Vitoria de la doctrina tomista de ley y derecho natural constituye el fundamento de sus obras sobre política, sociedad y relaciones internacionales ya que dicha doctrina propugna la igualdad y la justicia tanto en el ámbito interno como entre comunidades distintas. Su doctrina sobre la ley natural apela implícitamente al vínculo entre ética y política y desempeña un papel crítico y constitucional al concebir la justicia y el bien común como un patrón de orden al que se deben conformar el poder y la autoridad para obtener legitimidad. (shrink)

This article outlines Francisco de Vitoria’s conception of natural law and natural right in an effort to amend a number of interpretations in the academic literature on his political and international thought that misapprehend Vitoria’s iusnaturalism. In this view, his use of the Thomist doctrine of natural law and justice lays the founda­tion for his works on politics, society and international relations since the doctrine itself espouses equality and justice both within the domestic realm and between (...) discrete communities. In an implicit appeal to the link between ethics and politics, his doctrine of natural law, moreover, fulfills a critical and constitutional role by designating justice and the common good as a pattern of order to which power and authority must conform in order to be legitimate. (shrink)

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well (...) as ominous evidence of the rule of law's fragility in modern liberal democracy. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

The objective of this works in to analyze the conditions of transference of sovereignty and the concept of natural liberty in William of Ockham. Firstly, I briefly explain some antecedents of the conflict of ‘investidures’. Secondly, I will show that Ockham advanced the existence of a set of natural rights hold by the community. This permitted to argue against the Papal interference in the secular sphere, but also to set limits to the emperor himself and grant the individual with (...) natural rights. Thirdly, I explain the differences between ius fori and ius poli and I suggest that Ockham did not provide point of contact between these laws, excepting in the case of liberty. Finally, I revise briefly Ockham’s term translation imperii. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim (...) to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

Os escritos políticos de Ockham giram ao redor da pergunta a respeito do poder do papa. Como esse poder foi concedido por Cristo, deve-se consultar a Sagrada Escritura para saber o que ela diz a respeito. Mas a exegese bíblica cabe aos teólogos e não aos juristas. Na qualidade de teólogo Ockham afirma que os poderes do papa situam-se na ordem espiritual e mesmo nessa ordem ele não é ilimitado, pois se atém ao que foi concedido expressamente por Cristo e (...) deve respeitar a liberdade dos fiéis. PALAVRAS-CHAVE – Guilherme de Ockham. Exegese bíblica. Plenitude do poder. Poder. Liberdade. ABSTRACT The political writings of Ockham circle around the question regarding the power of the pope. As such power was conceded by Christ, one must consult the Holy Bible to know what It tells about such power. However, biblical exegesis belongs to the theologians, not to jurists. As a theologian, Ockham states that the powers of the pope are set in the spiritual order, and even in such an order they are not without limits, for they are conformed to what was expressly conceded by Christ and must respect the liberty of the followers. KEY WORDS – William of Ockham. Biblical exegesis. Plentitude of power. Power. Liberty. (shrink)

Resumen: En el presente artículo se pretende, junto con ampliar las referencias de interpretación y caracterización del pensamiento social y político de la Edad Media, rastrear, por medio de los aportes de Marsilio de Padua, las posibles fuentes o referencias que, en el contexto de las discusiones de los siglos XIII-XIV, pueden verse contenidas en los márgenes de las fundamentaciones de las democracias contemporáneas, incluyendo, para el caso, las discusiones en torno al liberalismo político y el imperativo del pluralismo.: Through (...) the works of Marsilius of Padua we trace sources and references that, in the context of thirteenth and fourteenth century discussions, may be seen on the margins of the foundations of contemporary democracy. The article discusses arguments related to political liberalism, the imperative of pluralism, and a broadening of the characterization of the social and political thinking of the Middle Ages. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)