"Suggestions for Further Reading." Censorship Moments: Reading Texts in the History of Censorship and Freedom of Expression
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The Centrality of Practical Reason: Dworkin and Kant
The centrality of practical reason: Dworkin and Kant In one of his latest books Justice for Hedgehogs (2011) Ronald Dworkin presents a thorough critique of contemporary ethical discourse. Explicitly his arguments mostly seek to undermine the main premises of metaethics, especially, the assumption that it is possible to think and talk about ethics from a neutral Archimedian position and to find its grounding in scientific or metaphysical facts. Moreover, he aims to present his own position as a specific revolution – a position which questions all the ways of approaching ethics that dominate or influence the field of moral philosophy since modern times, namely Descartes. There have been many attempts to criticize, question and evaluate this critique, its accuracy and extent.1 However, much less effort have been made to properly and comprehensively evaluate the constructive and potential side of Dworkin’s position. The main question that his critique of contemporary ethical discourse raises is ‘How should we approach ethical questions and problems?’ or ‘How should we do moral philosophy?’ Such questions are essential for the discourse itself. They should determine not only the shape and methods, but also the future and raison d’etre of ethical theory as such. Dworkin himself takes Hume to be the inspiration for his revolution. According to Dworkin, Hume’s distinction between fact and value gives us a clear guidance as to how we should proceed in ethical discourse. Dworkin develops this distinction as his main argument that ethics is an independent domain of thought. However, my paper argues, that despite Dworkin’s appeal of Hume, his position cannot be seen as Humean and is much more akin to Kant as there are several substantial conformities between their theories and premises. -
Advice to a Desolate France
Journal of Markets & Morality Volume 19, Number 1 (Spring 2016): 155–218 Copyright © 2016 Advice to a Desolate France Sebastian Castellio Advice to a Translated by Wouter Valkhoff Desolate France Introduction by Marius F. Valkhoff 155 Advice to a Desolate France Contents Preface iii Title Page v Introduction to the French Edition vii Advice to a Desolate France 1 i 157 Advice to a Desolate France Preface* Such was the legacy of intolerance and intransigence left by the Religious Wars that for the succeeding almost four hundred years, neither Catholic nor Protestant scholars had the time or the ear for the few voices of moderation from those distant stormy times. Moreover, those prophetic messages of moderation and tolerance could only become audible in our ecumenical atmosphere, and this last only became appar- ent, amongst Protestants and Catholics alike, since the last World War. At the time and in the heat of the struggle, both Catholics and Calvinists rejected advocates of tolerance as harmful to their respective holy causes. They persecuted them as liberalists and burnt their books as heretical. They did this last with such application that very few copies of these pleas were left. It is to the honour of Buisson, Giran, Lecler, Bainton, Becker, Delormeau, and now Valkhoff that by diligent research they retrieved these works and revived the memory of their heroic authors. Valkhoff’s fully documented and annotated edition of Castellio’s Advice to a Desolate France, not only contributes materially to the historical knowledge of that forgotten but meaningful side of the Religious Wars, but also makes it easily accessible to the English reader. -
The Use of Philosophers by the Supreme Court Neomi Raot
A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court Neomi Raot The Supreme Court's decisions in Vacco v Quill' and Wash- ington v Glucksberg2 held that a state can ban assisted suicide without violating the Due Process or Equal Protection Clauses of the Fourteenth Amendment. In these high profile cases, six phi- losophers filed an amicus brief ("Philosophers'Brief') that argued for the recognition of a constitutional right to die.3 Although the brief was written by six of the most prominent American philoso- phers-Ronald Dworkin, Thomas Nagel, Robert Nozick, John Rawls, Thomas Scanlon, and Judith Jarvis Thomson-the Court made no mention of the brief in unanimously reaching the oppo- site conclusion.4 In light of the Court's recent failure to engage philosophical arguments, this Comment examines the conditions under which philosophy does and should affect judicial decision making. These questions are relevant in considering the proper role of the Court in controversial political questions and are central to a recent de- bate focusing on whether the law can still be considered an autonomous discipline that relies only on traditional legal sources. Scholars concerned with law and economics and critical legal studies have argued that the law is no longer autonomous, but rather that it does and should draw on many external sources in order to resolve legal disputes. Critics of this view have main- tained that legal reasoning is distinct from other disciplines, and that the law has and should maintain its own methods, conven- tions, and conclusions. This Comment follows the latter group of scholars, and ar- gues that the Court should, as it did in the right-to-die cases, stay clear of philosophy and base its decisions on history, precedent, and a recognition of the limits of judicial authority. -
Critical Guide to Mill's on Liberty
This page intentionally left blank MILL’S ON LIBERTY John Stuart Mill’s essay On Liberty, published in 1859, has had a powerful impact on philosophical and political debates ever since its first appearance. This volume of newly commissioned essays covers the whole range of problems raised in and by the essay, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing “experiments in living,” the basis of individual liberty, multiculturalism, and the claims of minority cultural groups. Mill’s views have been fiercely contested, and they are at the center of many contemporary debates. The essays are by leading scholars, who systematically and eloquently explore Mill’s views from various per spectives. The volume will appeal to a wide range of readers including those interested in political philosophy and the history of ideas. c. l. ten is Professor of Philosophy at the National University of Singapore. His publications include Was Mill a Liberal? (2004) and Multiculturalism and the Value of Diversity (2004). cambridge critical guides Volumes published in the series thus far: Hegel’s Phenomenology of Spirit edited by dean moyar and michael quante Mill’s On Liberty edited by c. l. ten MILL’S On Liberty A Critical Guide edited by C. L. TEN National University of Singapore CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521873567 © Cambridge University Press 2008 This publication is in copyright. -
Justifying Religious Freedom: the Western Tradition
Justifying Religious Freedom: The Western Tradition E. Gregory Wallace* Table of Contents I. THESIS: REDISCOVERING THE RELIGIOUS JUSTIFICATIONS FOR RELIGIOUS FREEDOM.......................................................... 488 II. THE ORIGINS OF RELIGIOUS FREEDOM IN EARLY CHRISTIAN THOUGHT ................................................................................... 495 A. Early Christian Views on Religious Toleration and Freedom.............................................................................. 495 1. Early Christian Teaching on Church and State............. 496 2. Persecution in the Early Roman Empire....................... 499 3. Tertullian’s Call for Religious Freedom ....................... 502 B. Christianity and Religious Freedom in the Constantinian Empire ................................................................................ 504 C. The Rise of Intolerance in Christendom ............................. 510 1. The Beginnings of Christian Intolerance ...................... 510 2. The Causes of Christian Intolerance ............................. 512 D. Opposition to State Persecution in Early Christendom...... 516 E. Augustine’s Theory of Persecution..................................... 518 F. Church-State Boundaries in Early Christendom................ 526 G. Emerging Principles of Religious Freedom........................ 528 III. THE PRESERVATION OF RELIGIOUS FREEDOM IN MEDIEVAL AND REFORMATION EUROPE...................................................... 530 A. Persecution and Opposition in the Medieval -
Conclusion to Part One
1 Conclusion to Part One Benjamin J. Kaplan Half a century ago, the history of religious toleration was a much narrower field than it is today. Back then, the history of toleration was usually told as a story of great thinkers - figures such as Sebastian Castellio, John Locke, and Voltaire - whose ideas contributed to the development of modern concepts of religious freedom. It was also told as a story of powerful rulers like Oliver Cromwell and Frederick the Great who, for idealistic or pragmatic reasons, introduced laws and policies that extended increasing measures of toleration to religious minorities. These two strands, of intellectual and political history, were each spun by scholarly specialists, but they were also interwoven in works of synthesis, as for example in the classic study by Joseph Lecler, Toleration and the Reformation (original French edition 1955, English translation 1960). This focus on ideas and governmental policies was in part a reflection of the prevailing focus of historical writing generally on `great men'. It was also a heritage of the Whig school of historiography out of which historical writing on the subject of toleration emerged. This school presented `Western' history as the story above all of the rise of freedom: political, economic, and religious freedom, which were conceived as mutually dependent and reinforcing one another. Today, the history of toleration is a much richer and more varied field, as the essays in Part One of this volume attest. As in historical writing generally, intellectual and political approaches have not been abandoned - far from it, and the study especially of ideas about toleration continues to bear new fruit. -
Human Dignity After Augustine's Imago Dei: on the Sources and Uses of Two Ethical Terms Matthew Puffer Valparaiso University, [email protected]
Valparaiso University ValpoScholar Christ College Faculty Publications Christ College (Honors College) Spring 2017 Human Dignity After Augustine's Imago Dei: On the Sources and Uses of Two Ethical Terms Matthew Puffer Valparaiso University, [email protected] Follow this and additional works at: https://scholar.valpo.edu/cc_fac_pub Recommended Citation Matthew Puffer, "Human Dignity After Augustine's Imago Dei: On the Sources and Uses of Two Ethical Terms" Journal of the Society of Christian Ethics, 37, 1 (2017): 65–82. This Article is brought to you for free and open access by the Christ College (Honors College) at ValpoScholar. It has been accepted for inclusion in Christ College Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Human Dignity after Augustine's Imago Dei : On the Sources and Uses of Two Ethical Terms Matthew Puffer Journal of the Society of Christian Ethics, Volume 37, Number 1, Spring/Summer 2017, pp. 65-82 (Article) Published by The Society of Christian Ethics DOI: https://doi.org/10.1353/sce.2017.0010 For additional information about this article https://muse.jhu.edu/article/665905 Access provided by Valparaiso University (16 Mar 2018 16:03 GMT) Human Dignity after Augustine’s Imago Dei: On the Sources and Uses of Two Ethical Terms Matthew Puffer This essay considers how Augustine’s writings on the imago Dei might shed light on contemporary human dignity discourse and on debates about the sources, uses, and translations of these two terms. Attending to developments in Augustine’s expositions of scriptural texts and metaphors related to the ima- go Dei, I argue that his writings exhibit three distinct conceptions of the imago Dei that correspond to three accounts of the imago Dei and human dignity offered by Pico, Luther, and Aquinas, respectively. -
SEBASTIAN CASTELLIO and HIS 'DE HAERETICIS a CIVIL! MAGISTRATU NON PUNIENDIS ... LIBELLUS'' by Marius Valkhoff (University of Th
SEBASTIAN CASTELLIO AND HIS 'DE HAERETICIS A CIVIL! MAGISTRATU NON PUNIENDIS ... LIBELLUS'' by Marius Valkhoff (University of the Witwatersrand) 'In one page of the writings of Castellio I find more· tmth, more piety and more edification than in all the· books of Calvin and Beza'. DIRCK COORNHERTl I Nowadays everyone knows of the sensational discoveries of the Dead Sea scrolls and their considerable importance, probably the greatest discovery of this half century in the field of philology. But in this same period other finds have been made which, although they are less spectacular, present a special interest, because· of the new light they throw on a problem or a person, or even on several prob lems and several persons. One day in 1938 Professor Bruno Becker (Amsterdam University), a distin guished specialist in the history of ideas of the 16th century and the conscientious ~ editor of the W ellevenskunste by Dirck Coornhert, the Dutch 'Montaigne', was. browsing in the small church library of the Remonstrant Community in Rotter dam. He was looking for the works of spiritualist and liberal thinkers of the time of the Reformation, which one might encounter in the archives of this Latitudinarian denomination. At a certain moment he picked up a double· manuscript (one text in Latin, the other in French), of which the Latin version was signed by the writer as Basilius Montfortius. It had been attributed by the authors of the printed catalogue to Celio Secondo Curione. When he started reading the Latin text, Becker at once recognized the handwriting of Sebastian Castellio and noticed that this unknown manuscript was the last word in a famous controversy between John Calvin and Theodore Beza on the one hand,. -
Law, Politics, and the Claims of Community
Michigan Law Review Volume 90 Issue 4 1992 Law, Politics, and the Claims of Community Stephen A. Gardbaum Northwestern University School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Law and Philosophy Commons, Law and Politics Commons, and the Public Law and Legal Theory Commons Recommended Citation Stephen A. Gardbaum, Law, Politics, and the Claims of Community, 90 MICH. L. REV. 685 (1992). Available at: https://repository.law.umich.edu/mlr/vol90/iss4/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. LAW, POLITICS, AND THE CLAIMS OF COMMUNITYt Stephen A. Gardbaum * TABLE OF CONTENTS INTRODUCTION • . • . • . • • • • • • • • . • • • • • • . • • • • • • • . • . • • • • . 686 I. COMMUNITY IN CONTEMPORARY MORAL AND POLITICAL THEORY. • . • • • • • • • . • • • • • • • . • • • • • • • . • . • • • 690 A. Three Communitarian Claims. 690 B. Three Communitarian Debates . 692 C. Fostering the Value of Community . 695 D. The Agency Debate . 701 E. The Metaethical Debate . 705 1. Rorty: Liberalism Goes Postmodern . 707 2. Walzer: Moral Philosophy as Interpretation . 710 3. Habermas: The Guardian of Rationality . 712 4. Metaethical and Strong Communitarianism . 717 F. The Political Debate: The Nature and Variety of Substantive Community . .. .. .. .. .. .. .. .. .. .. .. .. 719 1. Conservative Community . .. .. .. .. .. .. .. .. .. .. 719 2. Republican Community .. .. .. .. .. .. .. .. .. .. 723 a. General Features . 723 b. Altruism and Civic Virtue . 728 3. Communist Community .. .. .. .. .. .. .. .. .. .. .. 730 II. COMMUNITY IN CONTEMPORARY LEGAL THEORY • . • . 732 A. Antiatomism . 733 B. -
Sebastian Castellio 1515-1563 Zwischen Humanismus Und Reformation, Rationalismus Und Spiritualismus Internationale Tagung
Sebastian Castellio 1515-1563 zwischen Humanismus und Reformation, Rationalismus und Spiritualismus Internationale Tagung 13. – 16. September 2015 Monte Verità, Ascona) Congressi Stefano Franscini Fondazione Monte Verità Via collina 84, CH-6612 Ascona Organisation: Barbara Mahlmann-Bauer (Universität Bern) in Zusammenarbeit mit Herman J. Selderhuis (Universiteit Apeldoorn), Peter Opitz und Emidio Campi (Universität Zürich) Zusammenfassungen der Vorträge – Abstracts Kurz-Viten der ReferentInnen – Speakers’ Curricula vitae Folgende Institutionen und Sponsoren haben die Tagung grosszügig unterstützt: Schweizerischer Nationalfonds SNF Congressi Stefano Franscini CSF Schweizerische Akademie der Geisteswissenschaften SAGW Die Berner Burgergemeinde Institut für schweizerische Reformationsgeschichte, Lehrstuhl Prof. Dr. Peter Opitz Philosophisch-Historische Fakultät der Universität Freiburg i.Ue. UBS Kulturstiftung Dr. Oliver Bach (München) »Lasst unns doch warten auf den ausspruch des gerechten richters« – Religiöse Toleranz und ihre Theonomie bei Sebastian Castellio Der Vortrag befasst sich mit demjenigen Ausschnitt aus Castellios Bibelvorrede, der Eingang gefunden hat in De haereticis an sint persequendi. Dieser Ausschnitt gewährt nicht nur Einblicke in das genuin castellionische Toleranzdenken, sondern erhellt den besonderen Charakter von Castellios Argumentation. Anders nämlich als in den an anderen Orten vermehrt theoretischen (Gewissenstheorie), pragmatischen (Weizenmethapher) und rechtlichen (ius naturale) Argumentationsstrategien stellt -
Ronald Dworkin
VOLUME 127 DECEMBER 2013 NUMBER 2 © 2013 by The Harvard Law Review Association IN MEMORIAM: RONALD DWORKIN The editors of the Harvard Law Review respectfully dedicate this issue to Professor Ronald Dworkin. Richard H. Fallon, Jr.∗ My first exposure to Ronald Dworkin came at Oxford, in the fall of 1975. Although I was there to study Philosophy, Politics, and Eco- nomics, not Law, friends told me that Professor Dworkin’s packed lec- tures on jurisprudence were not to be missed. They were right. Dworkin delivered the most commanding lectures that I had ever heard, at Oxford or anywhere else. Plainly relishing the engagement of his rapt audience, and speaking entirely without notes, he worked his way through, and demolished, various thinkers’ accounts of what made it the case, if it was the case, that “The law is that P.” The cri- tiques built inexorably to the conclusion that first made Dworkin fa- mous: decision of hard cases requires a process of interpretation in which principles, not just “pedigreed” rules, help to make it the case, if it is the case, that “The law is that P.” In one way, Dworkin was the very model of an Oxford philosopher. Though dense, his arguments were clear. He was a master of distinc- tions. But in another way, Dworkin was a gust of fresh air blowing through the ancient university during my two years there. To make his points, he used vivid, often funny examples. After skewering one position or another, he would pause to invite questions and challenges. Challenges came frequently because Dworkin’s largest target was his eminent predecessor as Oxford’s Professor of Jurisprudence, H. -
Servetus, a Pioneer of Religious Freedom
SSEERRVVEETTUUSS OOuurr 1166tthh CCeennttuurryy CCoonntteemmppoorraarryy A brief introduction to the life and teachings of Michael Servetus, a pioneer of religious freedom. A publication of the International Association for Religious Freedom SERVETUS Our 16th Century Contemporary ISBN (paperback) 978-0-9538172-1-4 © Copyright of the International Association for Religious Freedom 2011 (www.iarf.net). All rights reserved. Use and reproduction by religious organisations permitted, with acknowledgement. Published by and permissions from: British Chapter International Association for Religious Freedom Essex Hall, 1-6 Essex Street London WC2R 3HY, U.K. Copies available in Pounds Sterling from: General Assembly of Unitarian and Free Christian Churches 1-6 Essex Street London WC2R 3HY, U.K. Tel : (0)202 740 2384 Copies available in US Dollars from: International Office Unitarian Universalist Association 25 Beacon Street Boston, MA 02108 -2800 USA [email protected] The publishers wish to acknowledge the valuable sponsorship of: General Assembly of Unitarian and Free Christian Churches www.unitarian.org.uk Unitarian Universalist Association (USA) www.uua.org Michael Servetus Institute Villanueva de Sijena, Huesca, Aragón, Spain www.miguelservet.org Co-Editors: Richard F. Boeke Patrick Wynne-Jones SERVETUS Our 16th Century Contemporary A brief introduction to the life and teachings of Michael Servetus, a pioneer of religious freedom. Contents Foreword Servetus : Our 16th Century Contemporary 4 Prólogo Serveto : Nuestro Contemporáneo del Siglo