The Religion of the Future
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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 . -
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. -
Panentheism and Panexperientialism for Open and Relational Theology
Panentheism and Panexperientialism for Open and Relational Theology Thomas Jay Oord and Wm. Andrew Schwartz Open and relational theologies have a particular affinity for panentheism and panexperientialism (panpsychism). These theologies come in various forms, however. And scholars propose various forms of panentheism and panexperi- entialism. Diversity reigns. We begin this essay by describing open and relational theology. We also describe panentheism and panexperientialism, broadly understood. We note reasons why open and relational theists would be attracted to each. And we argue that panentheism and panexperientialism complement one another, al- though a person could be attracted only to one. Much of the essay argues for one form of open and relational theology we think makes the best sense overall. This form includes belief in a personal/ relational God, makes distinctions between God and creatures, affirms God ev- erlastingly creates (thereby denying creatio ex nihilo), and offers a solution to the theoretical aspect of the problem of evil. Adopting panexperientialism and panentheism offers ways to overcome theoretical problems in contemporary thought, while arguably motivating adherents of the view to love (promote overall well-being). 1. Open and Relational Theology The label »open and relational theology« serves as an umbrella designation for a family of theologies.1 This family shares at least two core convictions. The »open« aspect refers to the idea that both creatures and God experience the ongoingness of time. Consequently, both God and creatures face an open, yet to be determined future. Because the future is not actual, it is inherently 1 These include theologies using labels such as open theism, process theism, various relational theologies, some Wesleyan theologies, some feminist theologies, some ecological theologies, some Arminian theologies, some postcolonial theologies, and more. -
A Peircean Panentheist Scientific Mysticism1
International Journal of Transpersonal Studies Volume 27 | Issue 1 Article 5 1-1-2008 A Peircean Panentheist Scientific ysM ticism Søren Brier Copenhagen Business School Follow this and additional works at: https://digitalcommons.ciis.edu/ijts-transpersonalstudies Part of the Philosophy Commons, Psychology Commons, and the Religion Commons Recommended Citation Brier, S. (2008). Brier, S. (2008). A Peircean panentheist scientific ysm ticism. International Journal of Transpersonal Studies, 27(1), 20–45.. International Journal of Transpersonal Studies, 27 (1). http://dx.doi.org/10.24972/ijts.2008.27.1.20 This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This Article is brought to you for free and open access by the Journals and Newsletters at Digital Commons @ CIIS. It has been accepted for inclusion in International Journal of Transpersonal Studies by an authorized administrator of Digital Commons @ CIIS. For more information, please contact [email protected]. A Peircean Panentheist Scientific Mysticism1 Søren Brier2 Copenhagen Business School Copenhagen, Denmark Peirce’s philosophy can be interpreted as an integration of mysticism and science. In Peirce’s philosophy mind is feeling on the inside and on the outside, spontaneity, chance and chaos with a tendency to take habits. Peirce’s philosophy has an emptiness beyond the three worlds of reality (his Categories), which is the source from where the categories spring. He empha- sizes that God cannot be conscious in the way humans are, because there is no content in his “mind.” Since there is a transcendental3 nothingness behind and before the categories, it seems that Peirce had a mystical view on reality with a transcendental Godhead. -
On Progressive Alternative: Unger Versus Žižek
Original Paper UDC 165.741:141.82Unger, R.M., Žižek, S. 177:32 Received January 13th, 2010 Lenart Škof University of Primorska, Faculty of Humanities in Koper, Department of Philosophy, Titov trg 5, SI–6000 Koper [email protected] On Progressive Alternative: Unger versus Žižek Abstract In the paper we discuss the question of the future of democracy within some current projects of the emancipatory politics. We first critically approach Žižek’s and Badiou’s well-known revitalization of the idea of communism and link their projects to the burning issues of inequalities in the world system. Following this approach we elaborate on R.M. Unger’s recent book The Self Awakened and both defend his version of radicalized pragmatism and enlarge some of his uses of pragmatism (divinization, awakening of the self) to wider politico-ethical contexts. Key words pragmatism, democracy, emancipatory politics, Slavoj Žižek, Alain Badiou, Roberto Man- gabeira Unger I In his recent book The Self Awakened, Roberto Mangabeira Unger presents the reader with the credo of his radicalized pragmatism as a program of social reconstruction. He writes: “A radicalized pragmatism is the operational ideology of the shortening of the distance between context-preserving and context-transforming activities. It is thus a program of permanent revo- lution – however, a program so conceived that the word ‘revolution’ is robbed of all romantic otherworldliness and reconciled to the everydayness of life as it is.”1 For the pragmatist Unger, “the shortening of the distance” is a mark of practi- cal progress as needed in times of economic and social instability. -
Repointing the Constitution
Final Version (for publication) Repointing the Constitution By Janice Rogers Brown United States Circuit Judge United States Court of Appeals for the District of Columbia Circuit Joseph Story Lecture The Heritage Foundation Wednesday, October 22, 2014 5:30 PM The Heritage Foundation 214 Massachusetts Ave., NE Washington, D.C. 20002 First, I want to thank The Heritage Foundation for asking me to deliver this year’s Joseph Story Lecture. I am honored and intimidated to be in such august company. I especially want to express my gratitude to Ed Meese for his friendship, for his many kindnesses, and for being such a mensch. For those of you who do not speak Yiddish, it means a man of integrity and honor. But for General Meese’s courage and integrity, conversations like this one would be pointless. We are all indebted beyond anything we could repay because he took seriously his oath to support and defend the Constitution. This is where I usually offer my caveats: I am not a scholar, or a philosopher, and certainly not a theologian. Today I speak only as a conservative – one who has the good fortune to be particularly ill-educated. Having escaped an Ivy League Education, I now find myself free to think however I like. As a conservative, I spend my time thinking about the present evils of the world, unlike my liberal counterparts who spend their time thinking up new ones. These days I find myself, like Gladys Knight, thinking “I’ve really got to use my imagination; to think up good reasons to keep on keeping on.” I developed a new appreciation for Mr. -
Panentheism and Its Neighbors
International Journal for Philosophy of Religion (2019) 85:23–41 https://doi.org/10.1007/s11153-018-9687-9 ARTICLE Panentheism and its neighbors Mikael Stenmark1 Received: 10 October 2018 / Accepted: 19 October 2018 / Published online: 27 October 2018 © The Author(s) 2018 Abstract In this paper I suggest that we should identify panentheism on a scale, with deism at one extreme and pantheism at the other. The surprising outcome of the analysis is that many of the things which in the philosophical and theological debate are simply taken for granted as distinguishing panentheism from traditional theism (and vice versa) turn out to be possible extension claims rather than core doctrines of these diferent conceptions of God. Nevertheless, I maintain that it remains possible to draw a line between them. It is also emphasized that the greatest challenge many panentheists face is to give a convincing argument why we should think that God’s power can never be coercive, but must always be persuasive. The good news is that there is nothing in panentheism that requires that we must accept this particular doctrine. Keywords Panentheism · Classical theism · Deism · Pantheism · Process theism One of the models or conceptions of God that has received most attention recently, among both philosophers and theologians, is panentheism. It has been developed in several diferent ways and has been contrasted on the one hand with (traditional) theism and on the other with pantheism. But what is panentheism and how, more exactly, should we state the core diferences between it and (traditional) theism and, secondly, between it and pantheism? All this is far from clear, but we need to fnd answers if panentheism is intended to become the golden middle road between these two perceived extremes. -
Lawin Modern Society Lawin Modern Society
LAWIN MODERN SOCIETY LAWIN MODERN SOCIETY Toward a Criticism of Social Theory Roberto Mangabeira Unger l�I THE FREE PRESS New York lffil THE FREE PRESS 1230 Avenueof theAmericas New York, NY 10020 Copyright© 1976 by RobertoMangabeira Unger All rights reserved, including theright of reproduction in whole or in partin anyform. THE FREEPRESS and colophon are trademarks of Simon & Schuster Inc. First Free Press Paperback Edition 1977 Manufacturedin the United Statesof America Paperbound printing number 10 Unger,Library ofRoberto Congress Mangabeira. Cataloging in Publication Data Law in modern society. Includes bibliographical references and index. 1. Sociological jurisprudence. I. Title. Law 34o.1'15 74-27853 ISBN 0-02-932880-2 pbk. NOTE This study builds upon my Knowledge and Politics (Free Press, 1975). To make the present work intelligibleto readers unfamiliar with Knowledge and Politics, it wa,; necessary in some cases to restate ideas developed in the earlier book. CONTENTS CHAPTER1. The Predicament of Social Theory 1 The "burden of the past" in social theory 1 Social theory and political philosophy 3 The unity and crisis of social theory 6 The problem of method 8 The problem of social order 23 The problem of modernity 37 Human nature and history 40 Law 43 CHAPTER2. Law and the Forms of Society 47 The problem 47 Three concepts of law 48 The emergence of bureaucratic law 58 The separation of state and society 58 The disintegration of community 61 The division of labor and social hierarchy 63 The tension within bureaucratic law 64 The emergence of a legal order 66 Group pluralism 66 Natural law 76 Liberal society and higher law 83 VII viii I Contents The Chinese case: a comparative analysis 86 The hypothesis 86 Custom and "feudalism" in early China 88 The transformation period: from custom to bureaucratic law 96 Confucianists and Legalises 105 Limits of the Chinese comparison: the experience of other civilizations 110 The sacred laws of ancient India, Islam, and Israel 110 The Graeco-Roman variant 120 Law as a response to the decline of order 127 CHAPTER 3. -
Pansacramentalism, Interreligious Theology, and Lived Religion
religions Article Pansacramentalism, Interreligious Theology, and Lived Religion Hans Gustafson College of Arts and Sciences, University of St. Thomas, 2115 Summit Avenue, Mail 57P, St. Paul, MN 55105, USA; [email protected] Received: 21 May 2019; Accepted: 26 June 2019; Published: 28 June 2019 Abstract: Opening with a philosophical definition of sacrament(ality) as a mediator (mediation) of the sacred in the concrete world, this article offers pansacramentalism as a promising worldview—especially for those rooted in or emerging from the Christian traditions (since, for them, the language of sacramentality may have a stronger resonance)—for bringing together interreligious theology and data mined by Lived Religion approaches to the study of religion. After articulating the concept of pansacramentalism and emphasizing interreligious theology as an emerging model for doing theology, growing trends and changing sensibilities among young people’s religious and spiritual lives (e.g., the “Nones”) is considered insofar as such trends remain relevant for making contemporary theology accessible to the next generation. The article then considers the intersection of pansacramentalism and interreligious theology, especially the issue of determining sacramental authenticity. To explain how this challenge might be met, Abraham Heschel’s theology of theomorphism is offered as but one example as a nuanced means for determining sacramental authenticity of the sacred in the world. Turning to “Lived Religion” approaches, rationale is offered for why pansacramentalism and interreligious theology ought to be taken seriously in the contemporary world, especially considering recent data about the nature of contemporary religious identities among young people living in the West. Keywords: pansacramentalism; sacramentality; interreligious; lived religion; interreligious studies 1. -
The Singular Universe and the Reality of Time: a Proposal in Natural Philosophy
philosophies Book Review The Singular Universe and the Reality of Time: A Proposal in Natural Philosophy. By Roberto Mangabeira Unger and Lee Smolin. Cambridge University Press: Cambridge, UK, 2014; 566 pp.; ISBN-10: 1107074061, ISBN-13: 978-1107074064 Matt McManus ID Politics Science and International Relations, Tecnológico de Monterrey, Toronto, ON M6B 1T2, Canada; [email protected] Received: 14 July 2018; Accepted: 17 July 2018; Published: 18 July 2018 To do genuinely interdisciplinary and transdisciplinary work is the goal of many scholars. Some achieve it better than others. But to engage in truly systematic and all-encompassing scholarship almost seems anachronistic, not to mention a trifle arrogant. Given the complexities involved in mastering even a single discipline, who could have the audacity to claim expertise across them all. Such ambition and systematicity, not to mention the borderline audacity that underlies it, is part of the thrill that comes from reading any book Roberto Unger. Where others might painstakingly tie themselves into knots justifying their right to engage in interdisciplinary and transdisciplinary work, Unger simply steamrolls over all objections to think and write about whatever he wishes. In many, this might simply be intellectual over reach. But Unger is the rare exception. His seemingly encyclopediac capacity for philosophical systematization has moved from impressive to genuinely inspiring in his recent work. Unger began his career at Harvard Law in the 1970s, as a founding member of the critical legal theory movement in American jurisprudence. His youthful manuscript, Knowledge and Politics, remains a minor classic and develops a reasonably novel criticism of liberal legalism. -
Spinoza's Methodology: a Genetic Account of Fundamental Concepts in His Early Writings
University of Kentucky UKnowledge Theses and Dissertations--Philosophy Philosophy 2021 Spinoza's Methodology: A Genetic Account of Fundamental Concepts in His Early Writings Clay Graham University of Kentucky, [email protected] Author ORCID Identifier: https://orcid.org/0000-0001-6479-8945 Digital Object Identifier: https://doi.org/10.13023/etd.2021.186 Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Graham, Clay, "Spinoza's Methodology: A Genetic Account of Fundamental Concepts in His Early Writings" (2021). Theses and Dissertations--Philosophy. 30. https://uknowledge.uky.edu/philosophy_etds/30 This Doctoral Dissertation is brought to you for free and open access by the Philosophy at UKnowledge. It has been accepted for inclusion in Theses and Dissertations--Philosophy by an authorized administrator of UKnowledge. For more information, please contact [email protected]. STUDENT AGREEMENT: I represent that my thesis or dissertation and abstract are my original work. Proper attribution has been given to all outside sources. I understand that I am solely responsible for obtaining any needed copyright permissions. I have obtained needed written permission statement(s) from the owner(s) of each third-party copyrighted matter to be included in my work, allowing electronic distribution (if such use is not permitted by the fair use doctrine) which will be submitted to UKnowledge as Additional File. I hereby grant to The University of Kentucky and its agents the irrevocable, non-exclusive, and royalty-free license to archive and make accessible my work in whole or in part in all forms of media, now or hereafter known. -
Political Legitimacy As a Personal and Intellectual Journey
Documento de Trabajo International Center for Globalization and Development Working Paper N°40 Political Legitimacy as a Personal and Intellectual Journey Jean-Marc Coicaud September 2019 www.ciglob.org Contact us / Contáctenos: [email protected] Santiago – Chile Chinese Political Science Review https://doi.org/10.1007/s41111-019-00134-0 ORIGINAL ARTICLE Political Legitimacy as a Personal and Intellectual Journey Jean‑Marc Coicaud1 Received: 7 August 2019 / Accepted: 31 August 2019 © Fudan University 2019 Abstract The article highlights the intellectual path and the research agenda developed by the author over the years concerning the question of political legitimacy. The irst sec‑ tion focuses on issues of legitimation in the context of Latin American authoritar‑ ian democracies. The second section of the article refers to political legitimacy as political responsibility in the context of legal and political theory. The third and last section addresses the relevance of political legitimacy at the international level, on which the research agenda of the author now concentrates. Keywords Legitimacy · Latin America · Political responsibility · International legitimacy · United Nations 1 Introduction In this article, I focus on what has been my interest and engagement in questions of political legitimacy over the years. As such, it is a sort of short intellectual biogra‑ phy. The article is organized into three parts. To begin wih I stress how the issue of legitimacy has been one of my key intellectual concerns ever since I started to do research on politics, initially in the context of the study of political and legal regimes in Latin America. Then the article highlights my understanding of political legiti‑ macy as political responsibility and what this means for the evaluation and judge‑ ment of politics.