Alasdair Macintyre and F. A. Hayek on the Abuse of Reason
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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
Peter Mango MACINTYRE's GILSONIAN PREFERENCE
Studia Gilsoniana 2 (2013): 21-32 | ISSN 2300-0066 Peter Mango Institute for the Psychological Sciences Arlington, Virginia, USA MACINTYRE’S GILSONIAN PREFERENCE “No philosopher can know that he is a Thomist unless he also be an historian.” - Étienne Gilson Étienne Gilson claimed more people were Thomist because they were Catholic than became Catholic because they were first Thomist. However true, the latter class is usually more interesting. Instances include Mortimer Adler, Jacques Maritain, Walker Percy – and Alasdair MacIn- tyre. In 1988 Alasdair MacIntyre had announced his preference for Thomism as a philosophical tradition after a famously long and varied trajectory. The trajectory included stretches as: an Oxford tutor in classics; a convinced Barthian; an analytic thinker co-publishing with Anthony Flew; a student of Hegel; a New Left Marxist; a student of medieval lan- guages (e.g., Old Norse); a student of phenomenology and psychoanalysis, respectively; an anthropological sociologist influenced by Franz Steiner, Mary Douglas, and Evans-Pritchard; a neo-Aristotelian; and someone dis- playing a persistent interest in Wittgenstein. By the time he “landed” over two decades ago, however, MacIntyre was not a product of mere faddism. The themes MacIntyre presupposes in his work have occupied him throughout his professional career. Nor has he abandoned all the stages listed above (indeed he retains the last five synthetically). A Thomist once remarked to me that it seemed, given his late arri- val, MacIntyre was a “baby” as far as Thomism is concerned. Justly noted 22 Peter Mango or not, I pointed out MacIntyre is not a “baby” as far as philosophy is con- cerned. -
Stability and Development in Canon Law and the Case of "Definitive" Teaching
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2001 Stability and Development in Canon Law and the Case of "Definitive" Teaching Ladislas M. Örsy Georgetown University Law Center, [email protected] Vol. 76 Notre Dame Law Review, Page 865 (2001). Reprinted with permission. © Notre Dame Law Review, University of Notre Dame. This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/569 76 Notre Dame L. Rev. 865-879 (2001) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Religion Law Commons STABILITY AND DEVELOPMENT IN CANON LAW AND THE CASE OF "DEFINITIVE" TEACHING Ladislas Orsy, SJ!:~ The beginning of knowledge is wonder, wonder provoked by a puzzle whose pieces do not seem to fit together. We do have such an on-going puzzle in canon law; it is the prima facie conflict between the demand of stability and the imperative of development. Stability is an essential quality of any good legal system because a community's lav{s are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a relig ious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. -
Thomas Aquinas' Argument from Motion & the Kalām Cosmological
University of Central Florida STARS Honors Undergraduate Theses UCF Theses and Dissertations 2020 Rethinking Causality: Thomas Aquinas' Argument From Motion & the Kalām Cosmological Argument Derwin Sánchez Jr. University of Central Florida Part of the Philosophy Commons Find similar works at: https://stars.library.ucf.edu/honorstheses University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by the UCF Theses and Dissertations at STARS. It has been accepted for inclusion in Honors Undergraduate Theses by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation Sánchez, Derwin Jr., "Rethinking Causality: Thomas Aquinas' Argument From Motion & the Kalām Cosmological Argument" (2020). Honors Undergraduate Theses. 858. https://stars.library.ucf.edu/honorstheses/858 RETHINKING CAUSALITY: THOMAS AQUINAS’ ARGUMENT FROM MOTION & THE KALĀM COSMOLOGICAL ARGUMENT by DERWIN SANCHEZ, JR. A thesis submitted in partial fulfillment of the requirements for the Honors in the Major Program in Philosophy in the College of Arts and Humanities and in the Burnett Honors College at the University of Central Florida Orlando, Florida Fall Term 2020 Thesis Chair: Dr. Cyrus Zargar i ABSTRACT Ever since they were formulated in the Middle Ages, St. Thomas Aquinas’ famous Five Ways to demonstrate the existence of God have been frequently debated. During this process there have been several misconceptions of what Aquinas actually meant, especially when discussing his cosmological arguments. While previous researchers have managed to tease out why Aquinas accepts some infinite regresses and rejects others, I attempt to add on to this by demonstrating the centrality of his metaphysics in his argument from motion. -
The Best Interests of the Child Are of Paramount
WHERE TO FIND THE FAMILY ADVOCATE IN YOUR AREA: ISSUED 2018 ENGLISH National Office Sibasa Mthatha Adv. C.J Maree Northern Cape George Adv. Petunia Seabi-Mathope Adv. R.D. Ramanenzhe Adv. M.S. Van Pletzen (Senior Family Advocate) Kimberley – Provincial Office Adv. J. Gerber Chief Family Advocate (Family Advocate) (Senior Family Advocate) Tel: 012 323 0760, Fax: 012 323 9566 Adv. P.M Molokwane (Senior Family Advocate) Ms C. Molai (Secretary to the Chief Tel: 015 960 1410 Tel: 047 532 3998, Pretoria [email protected] (Acting Principal Family Advocate) Tel: 044 802 4200, Family Advocate) [email protected] Fax: 047 532 5337 Postal Address: Private Bag X 88, (Senior Family Advocate) Fax: 044 802 4202 OFFICE OF THE FAMILY ADVOCATE Tel: 012 357 8022 Postal Address: Private Bag X 5005 [email protected] Pretoria, 0001. Tel: 053 833 1019/63, [email protected] Fax: 012 357 8043 Thohoyandou 0950. Physical Address: Postal Address: Private Bag X 5255 Physical Address: 4th Floor, Centre Fax: 053 833 1062/69 Postal Address: Private Bag X 6586, [email protected] Thohoyandou Magistrate Court Mthatha 5099. Physical Address: 6th Walk Building, C/o Thabo Sehume [email protected] George, 6530. Physical Address: Postal Address: Private Bag X 6071, THE BEST INTERESTS Postal Address: Private Bag X 81 Floor, Manpower Building, C/o & Pretorius Streets , Pretoria, 0001 Cnr Cradock & Cathedral Street, Pretoria 0001. Physical Address: Mpumalanga Elliot and Madeira Street, Kimberley, 8300. Physical Address: Bateleur Park Building, George, 329 Pretorius Street, Momentum Nelspruit – Provincial Office Mthatha, 5100 Soshanguve 5th Floor, New Public Building OF THE CHILD ARE Building, West Tower, Pretoria Adv. -
Factless Jurisprudence
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship Summer 2003 Factless Jurisprudence Darren Lenard Hutchinson University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Civil Rights and Discrimination Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Darren Lenard Hutchinson, Factless Jurisprudence, 34 Colum. Hum. Rts. L. Rev. 615 (2003), available at http://scholarship.law.ufl.edu/facultypub/393 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. FACTLESS JURISPRUDENCE* by Darren Lenard Hutchinson** I. INTRODUCTION Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation.' Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination.2 Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antag- onism in which persons of color live.3 Particularly, -
An Augustinian Correction to a Faulty Option: the Politics of Salt and Light
Journal of Moral Theology, Vol. 10, No. 1 (2021): 46–72 An Augustinian Correction to a Faulty Option: The Politics of Salt and Light Anthony Crescio INCE ITS PUBLICATION IN 2017, Rod Dreher’s The Benedict Option: A Strategy for Christians in a Post-Christian Nation has given rise to a cottage industry, including a wide range of S publications on the subject (either in support of or against) and conferences across the country. To be sure, a Christian perspective fully supports many elements in Dreher’s thought, like his calls for homes to become places of spiritual learning and growth,1 that institu- tions of Christian education take seriously their role in Christian for- mation,2 and the Church undergo a ressourcement type of renewal in all facets of its life.3 However, it is in the last area of ecclesiology where Dreher’s option ultimately fails in several ways because he does not grasp the full import of the sacramental ontology. While he rightly advocates a need for recovering it, he falls short in implementing it.4 His is, put simply, a failure of the imagination which has disastrous consequences for his understanding of how the church ought to engage in the political sphere. In order to demonstrate this failure, I adopt Dreher’s ressourcement methodology5 by engaging Augustine of Hippo as the primary inter- locutor and proceeding by way of four main steps. First, I discuss three ways Dreher’s work represents a failure of imagination. With the sec- ond step, I lay out Augustine’s sacramental metaphysics and corre- sponding ecclesiology. -
Han Fei and the Han Feizi
Introduction: Han Fei and the Han Feizi Paul R. Goldin Han Fei 韓非 was the name of a proli fi c Chinese philosopher who (according to the scanty records available to us) was executed on trumped up charges in 233 B.C.E. Han Feizi 韓非子, meaning Master Han Fei , is the name of the book purported to contain his writings. In this volume, we distinguish rigorously between Han Fei (the man) and Han Feizi (the book) for two main reasons. First, the authenticity of the Han Feizi —or at least of parts of it—has long been doubted (the best studies remain Lundahl 1992 and Zheng Liangshu 1993 ) . This issue will be revisited below; for now, suffi ce to it to say that although the contributors to this volume accept the bulk of it as genuine, one cannot simply assume that Han Fei was the author of everything in the Han Feizi . Indeed, there is a memorial explic- itly attributed to Han Fei’s rival Li Si 李斯 (ca. 280–208 B.C.E.) in the pages of the Han Feizi ( Chen Qiyou 陳奇猷 2000 : 1.2.42–47); some scholars fear that other material in the text might also be the work of people other than Han Fei. Second, and no less importantly, even if Han Fei is responsible for the lion’s share of the extant Han Feizi , a reader must be careful not to identify the philosophy of Han Fei himself with the philosophy (or philosophies) advanced in the Han Feizi , as though these were necessarily the same thing. -
Fa [1]: Did Its Meaning Change in Chinese Philosophy? Some Remarks on Fa in Confucianism and Legalism
ASIAN AND AFRICAN STUDIES, 70, 2001, 1, 44-55 FA [1]: DID ITS MEANING CHANGE IN CHINESE PHILOSOPHY? SOME REMARKS ON FA IN CONFUCIANISM AND LEGALISM Jana B enická Department of the Languages and Cultures of the Countries of East Asia, Faculty of Philosophy, Comenius University, Bratislava, Slovakia The aim of this article is to briefly analyse the use of the character fa in early Chinese philosophical texts and in the works of so-called Legalists, and give some justifications for the claim that the meaning of the character did not simply change from ‘standard’, ‘to mod el’ in the texts of the Confucians into the meaning ‘law’ in the intentions of legal positivism, as it is often interpreted in the books on Chinese philosophy. First of all I want to say that the primary impulse for writing this essay was an article by Chad Hansen: Fa (Standards:Laws) and Meaning Changes in Chi nese Philosophy j 1 published a few years ago. In his paper he treats the problem of the meaning changes of Chinese characters. He says: “The orthodoxy is that Chinese characters (1) have more meanings and (2) change meanings more fre quently than words of other languages.”2 Than he gives an example of fa (standards:laws), saying that the usual view is that this character means stan dard or to model for early Confucians, Mohists, and Daoists, but for those called Legalists (and perhaps for Xunzi [2] (fl. 298-238 B.C.))3 it means laws. H ansen, Chad. Fa (Standards:Laws) and Meaning Changes in Chinese Philosophy. -
209 Alasdair Macintyre. Ethics in The
Philosophy in Review XXXVII (October/December 2017), no. 5/6 Alasdair MacIntyre. Ethics in the Conflicts of Modernity: An Essay on Desire, Practical Reason- ing, and Narrative. Cambridge University Press 2016. 332 pp. $49.99 USD (Hardcover ISBN 9781107176454). Alasdair MacIntyre once quipped that his philosophical work, which began with A Short History of Ethics, had gradually morphed over the years into a very long history of ethics. His latest book, published at the age of 87, certainly adds another chapter to this ongoing project: revising the history of ethics by recuperating Aristotle and launching a scathing critique of modernity. Although MacIntyre’s general body of thought is quite remarkable (he is arguably one of today’s most underappreciated philosophers), his latest book in some respects struggles to find a sense of identity. This is especially true when read in light of the path-breaking arguments of works like After Virtue (1981), Whose Justice? Which Rationality? (1988), and Three Rival Versions of Moral Enquiry (1990). Indeed, the major claims of those books are largely reiterated here—the diagnosis of emotivism (updated as a more sophisticated ‘expressivism’), the critique of the Enlightenment (here a critique of ‘Morality’), and the need to recover Aristotle and Aquinas. One possible response to the complaint that this book is largely reiterative would be to note that its stated purpose is not innovation, but an accessible introduction ‘to the lay reader for whom it is written’ (ix). Yet, if MacIntyre’s goal was a book for a general readership, then he has probably missed his target. -
Narrativity and Self-Opacity As Resources for Contemporary Ethics in Alasdair Macintyre and Judith Butler"
Title: "(De-)Constructing An Account of the Self: Narrativity and Self-Opacity as Resources for Contemporary Ethics in Alasdair MacIntyre and Judith Butler" Bio: Originally from Manassas, Virginia, Elizabeth Antus is currently a 4th-year doctoral student studying systematic theology at the University of Notre Dame. Majoring in religious studies and English in college, she graduated from the University of Virginia in 2006 and has been at Notre Dame doing graduate work since then. In her dissertation, she engages with ancient Christian thinker Augustine of Hippo, sixteenth-century Spanish mystic Teresa of Avila, and contemporary Anglican theologian Sarah Coakley in order to uncover a positive account of Christian self-love. Other theological interests include feminist theologies, understandings of intellectual disability, questions of suffering, the intersection of theology and literature, and accounts of embodiment. Abstract: In light of a deep-seated postmodern skepticism about the success of delimiting clearly the individual as moral agent, many twentieth- and twenty-first-century thinkers engaged in philosophical and theological questions have struggled to articulate the parameters of the individual's agency and identity in non-absolutist, non-hegemonic terms. Specifically, Christian ethicist Alasdair MacIntyre and secular Jewish philosopher Judith Butler have gravitated toward engaging with the notion of narrative identity as the key to understanding the moral self without abstraction, false universalism, and isolationist individualism. In this paradigm, a person makes moral decisions based on who she understands herself to be given the entire story of her life with and among others. For MacIntyre, discerning and constructing this narrative arc of one's life will equip one with the best framework for making moral decisions. -
An Historical Overview of Justice and Rationality by Alasdair Macintyre with Special Reference to Whose Justice Which Rationality
Contents lists available at Journal homepage: http://twasp.info/journal/home An Historical Overview of Justice and Rationality by Alasdair Macintyre with Special Reference To Whose Justice Which Rationality Anila Yasmin1, Riffat Iqbal ⃰ 1, Sara Batool Syed1, Amna Bibi 2 1Department of Philosophy, Bahauddin Zakariya University, Multan, Pakistan 2Govt Girls’ college, Rajanpur, Punjab, Pakistan Corresponding Author : R. Iqbal Email: [email protected] ; Tel: +92 3346472898 Published online : 19 Jan, 2019 Abstract: The present study aims to review and analyze the concept of justice and rationality and their relationship that how justice and rationality play a significant role for the establishment of any culture and society. The relationship of both elaborated with special reference to Alasdair Macintyre’s famous work “Whose Justice, Which Rationality” in which he presents an historical overview of justice and rationality. Professor Macintyre argued that there is no tradition-neutral origin of practical rationality that can be used to resolve disagreements about justice. Through an examination of four philosophical traditions, he argues that the conception of justice of each is linked to its own theory of practical rationality. He follows the progress of the Western tradition through “three different traditions:” from Homer and Aristotle to Thomas Aquinas, from Augustine to Thomas Aquinas and from Augustine to Hume. He maintains that there is no single conception of justice and rationality. Thus there are justices rather than justice and there are rationalities rather than rationality which are varying from society to society and person to person. Keywords: Justice, Rationality, Alasdair Macintyre, Traditions (Aristotelian, Augustinian, and Scottish) Introduction Justice is a broad notion that is based on a concept of moral rightness.