Spinoza, Science and Scripture
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Liberal Neutrality: a Reinterpretation and Defense*
Liberal Neutrality: A Reinterpretation and Defense* Alan Patten, Princeton University (1) Introduction After a brief ascendancy in the 1970s and `80s, the idea of liberal neutrality has fallen out of favor in recent years. A growing chorus of liberal writers has joined anti-liberal critics in arguing that there is something confused and misguided about the insistence that the state be neutral between rival conceptions of the good. Assuming we can even make sense of the idea of neutrality, these writers contend, it is a mistake to think that there is anything in liberal principles that commits the liberal state to neutrality.1 With a number of former neutralists softening their support for the idea, the rejection of neutrality is quickly becoming a consensus position, even amongst liberal political philosophers.2 According to one writer, all that remains to be done is an “autopsy” on the idea of state neutrality.3 Much of the critique of neutrality has proceeded on the basis of four assumptions. The first contrasts neutrality with perfectionism. To defend state neutrality is to deny that the state can legitimately use its power to encourage ways of life that it supposes to be valuable or to discourage ones that it regards * Earlier versions of this paper were presented at Washington University, at Queenʼs University, at the Canadian Political Science Associationʼs 2010 Annual Conference , and in a workshop at Princetonʼs University Center for Human Values. In addition to thanking the participants in and organizers of these events, I am grateful to Arash Abizadeh, Andrew Lister, Stephen Macedo, Ian MacMullen, Jonathan Quong, Ryan Pevnick, and Anna Stilz for their written feedback. -
Would ''Direct Realism'' Resolve the Classical Problem of Induction?
NOU^S 38:2 (2004) 197–232 Would ‘‘Direct Realism’’ Resolve the Classical Problem of Induction? MARC LANGE University of North Carolina at Chapel Hill I Recently, there has been a modest resurgence of interest in the ‘‘Humean’’ problem of induction. For several decades following the recognized failure of Strawsonian ‘‘ordinary-language’’ dissolutions and of Wesley Salmon’s elaboration of Reichenbach’s pragmatic vindication of induction, work on the problem of induction languished. Attention turned instead toward con- firmation theory, as philosophers sensibly tried to understand precisely what it is that a justification of induction should aim to justify. Now, however, in light of Bayesian confirmation theory and other developments in epistemology, several philosophers have begun to reconsider the classical problem of induction. In section 2, I shall review a few of these developments. Though some of them will turn out to be unilluminating, others will profitably suggest that we not meet inductive scepticism by trying to justify some alleged general principle of ampliative reasoning. Accordingly, in section 3, I shall examine how the problem of induction arises in the context of one particular ‘‘inductive leap’’: the confirmation, most famously by Henrietta Leavitt and Harlow Shapley about a century ago, that a period-luminosity relation governs all Cepheid variable stars. This is a good example for the inductive sceptic’s purposes, since it is difficult to see how the sparse background knowledge available at the time could have entitled stellar astronomers to regard their observations as justifying this grand inductive generalization. I shall argue that the observation reports that confirmed the Cepheid period- luminosity law were themselves ‘‘thick’’ with expectations regarding as yet unknown laws of nature. -
1 Three Separation Theses James Morauta Abstract. Legal Positivism's
Three Separation Theses James Morauta Abstract . Legal positivism’s “separation thesis” is usually taken in one of two ways: as an analytic claim about the nature of law—roughly, as some version of the Social Thesis ; or as a substantive moral claim about the value of law—roughly, as some version of the No Value Thesis . In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism’s analytic and moral claims. The Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive moral claims about the value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. [A version of this paper is published in Law and Philosophy (2004).] 1. Introduction Everybody knows that legal positivists hold that there is some kind of “separation”— some kind of distinction—between law and morality. But what exactly is this positivist separation thesis ? In what way, according to legal positivism, are law and morality distinct? There are many possible answers to this question. Legal positivism is standardly thought of as a cluster of three kinds of claims: an analytic claim about the nature of law; a moral claim about law’s value; and a linguistic claim about the meaning of the normative terms that appear in legal statements. 1 I won’t have anything to say here about the linguistic issue. -
There Is No Pure Empirical Reasoning
There Is No Pure Empirical Reasoning 1. Empiricism and the Question of Empirical Reasons Empiricism may be defined as the view there is no a priori justification for any synthetic claim. Critics object that empiricism cannot account for all the kinds of knowledge we seem to possess, such as moral knowledge, metaphysical knowledge, mathematical knowledge, and modal knowledge.1 In some cases, empiricists try to account for these types of knowledge; in other cases, they shrug off the objections, happily concluding, for example, that there is no moral knowledge, or that there is no metaphysical knowledge.2 But empiricism cannot shrug off just any type of knowledge; to be minimally plausible, empiricism must, for example, at least be able to account for paradigm instances of empirical knowledge, including especially scientific knowledge. Empirical knowledge can be divided into three categories: (a) knowledge by direct observation; (b) knowledge that is deductively inferred from observations; and (c) knowledge that is non-deductively inferred from observations, including knowledge arrived at by induction and inference to the best explanation. Category (c) includes all scientific knowledge. This category is of particular import to empiricists, many of whom take scientific knowledge as a sort of paradigm for knowledge in general; indeed, this forms a central source of motivation for empiricism.3 Thus, if there is any kind of knowledge that empiricists need to be able to account for, it is knowledge of type (c). I use the term “empirical reasoning” to refer to the reasoning involved in acquiring this type of knowledge – that is, to any instance of reasoning in which (i) the premises are justified directly by observation, (ii) the reasoning is non- deductive, and (iii) the reasoning provides adequate justification for the conclusion. -
623-36-Gilman.Pdf (92.22Kb)
280 SEVENTEENTH-CENTURY NEWS conclusion to be paradoxical, it should be esteemed quite otherwise by specialists. Sophie van Romburgh. “For My Worthy Freind Mr Franciscus Junius”: An Edition of the Correspondence of Francis Junius F.F. (1591-1677). Leiden and Boston: Brill, 2004. x + 1134 pp. $317.00. Review by ERNEST B. GILMAN, NEW YORK UNIVERSITY. The indefatigable Dutch polymath whose letters are here col- lected was a jack of all scholarly trades and the master of them all. Medievalists are aware of Junius’s pioneering contributions to the study of Anglo-Saxon and Germanic philology. He was an expert in the comparative study of Old Norse, Old High German, Old Frisian, and Gothic as well as Old English. The codex in the Bodleian containing the Old English texts of Genesis A and B, Exodus, Daniel and “Christ and Satan,” still bears his name as “The Junius Manuscript.” For Renaissance art historians, The Paint- ing of the Ancients (published in Junius’s own Latin, English and Dutch versions over the period 1637-1641) represents the first comprehensive account of the visual arts in antiquity, and a cen- tral document in the history of ut pictura poesis. It stood as the standard work on the subject until the age of Winckelmann. This book was commissioned by Thomas Howard, 14th Earl of Arundel, in whose household Junius served as tutor and librarian for twenty years before the civil war. It was in this office that Junius supplied the scholarly expertise, and perhaps also his share of the enthusi- asm, behind the transnational antiquarian ventures of the “Collec- tor Earl.” Among the projects that occupied a long life devoted to scholarship was a posthumously published Catalogus, arranged al- phabetically, of all the references to objects of art (painting, sculp- ture, architecture, pottery and much else) that Junius could delve out of the archive of classical literature. -
Life with Augustine
Life with Augustine ...a course in his spirit and guidance for daily living By Edmond A. Maher ii Life with Augustine © 2002 Augustinian Press Australia Sydney, Australia. Acknowledgements: The author wishes to acknowledge and thank the following people: ► the Augustinian Province of Our Mother of Good Counsel, Australia, for support- ing this project, with special mention of Pat Fahey osa, Kevin Burman osa, Pat Codd osa and Peter Jones osa ► Laurence Mooney osa for assistance in editing ► Michael Morahan osa for formatting this 2nd Edition ► John Coles, Peter Gagan, Dr. Frank McGrath fms (Brisbane CEO), Benet Fonck ofm, Peter Keogh sfo for sharing their vast experience in adult education ► John Rotelle osa, for granting us permission to use his English translation of Tarcisius van Bavel’s work Augustine (full bibliography within) and for his scholarly advice Megan Atkins for her formatting suggestions in the 1st Edition, that have carried over into this the 2nd ► those generous people who have completed the 1st Edition and suggested valuable improvements, especially Kath Neehouse and friends at Villanova College, Brisbane Foreword 1 Dear Participant Saint Augustine of Hippo is a figure in our history who has appealed to the curiosity and imagination of many generations. He is well known for being both sinner and saint, for being a bishop yet also a fellow pilgrim on the journey to God. One of the most popular and attractive persons across many centuries, his influence on the church has continued to our current day. He is also renowned for his influ- ence in philosophy and psychology and even (in an indirect way) art, music and architecture. -
Holland and the Rise of Political Economy in Seventeenth-Century Europe
Journal of Interdisciplinary History, xl:2 (Autumn, 2009), 215–238. ACCOUNTING FOR GOVERNMENT Jacob Soll Accounting for Government: Holland and the Rise of Political Economy in Seventeenth-Century Europe The Dutch may ascribe their present grandeur to the virtue and frugality of their ancestors as they please, but what made that contemptible spot of the earth so considerable among the powers of Europe has been their political wisdom in postponing everything to merchandise and navigation [and] the unlimited liberty of conscience enjoyed among them. —Bernard de Mandeville, The Fable of the Bees (1714) In the Instructions for the Dauphin (1665), Louis XIV set out a train- ing course for his son. Whereas humanists and great ministers had cited the ancients, Louis cited none. Ever focused on the royal moi, he described how he overcame the troubles of the civil war of the Fronde, noble power, and ªscal problems. This was a modern handbook for a new kind of politics. Notably, Louis exhorted his son never to trust a prime minister, except in questions of ªnance, for which kings needed experts. Sounding like a Dutch stadtholder, Louis explained, “I took the precaution of assigning Colbert . with the title of Intendant, a man in whom I had the highest conªdence, because I knew that he was very dedicated, intelli- gent, and honest; and I have entrusted him then with keeping the register of funds that I have described to you.”1 Jean-Baptiste-Colbert (1619–1683), who had a merchant background, wrote the sections of the Instructions that pertained to ªnance. He advised the young prince to master ªnance through the handling of account books and the “disposition of registers” Jacob Soll is Associate Professor of History, Rutgers University, Camden. -
Critique of Plato's Conception of Morality with Reference to the Teachers' Expected Examination Integrity in Kenya
A CRITIQUE OF PLATO’S CONCEPTION OF MORALITY WITH REFERENCE TO THE TEACHERS’ EXPECTED EXAMINATION INTEGRITY IN KENYA EDWARD MAINA ANDAFU A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF DOCTOR OF PHILOSOPHY IN PHILOSOPHY OF EDUCATION OF THE UNIVERSITY OF NAIROBI 2019 DECLARATION This thesis is my original work and it has not been presented for any award of a Degree or Diploma in any other University. ……………………………… ……………………… Edward Maina Andafu Date REG. No. E84/52028/2017 This thesis has been submitted for examination with our approval as the University Supervisors. Signature………………….. Date ……………………. Dr Atieno Kili K’Odhiambo Senior Lecturer in Philosophy of Education Department of Educational Foundations University of Nairobi Signature…………………… Date ……………………. Professor Samson Okuro Gunga Professor of Philosophy of Education Department of Educational Foundations University of Nairobi II DEDICATION This work is dedicated to all the members of my immediate family: my wife Dorcus Ofuyo, my sons, Lewis Andafu and Wesley Andafu, for their everlasting love; also to my late father Julius Andafu, and my late mother Ketry Andafu, who always had confidence in me. III ACKNOWLEDGEMENTS I hereby acknowledge the following for their immense contribution to my work. My first thanks go to my very able supervisors, Dr Atieno Kili K’Odhiambo and Professor Samson Okuro Gunga who have mentored me through this work. I thank members of the Department of Educational Foundations, University of Nairobi whose positive criticism put me on the right track in pursuit of my studies. I am grateful to Dr Wycliffe Amukowa (Machakos University) for his moral and intellectual support towards the accomplishment of this work. -
Prasiddh Prakash Naik Subject-Legal Theory I Topic-Comparative Study Of
NAME- PRASIDDH PRAKASH NAIK SUBJECT-LEGAL THEORY I TOPIC-COMPARATIVE STUDY OF NATURAL LAW AND POSITIVE LAW DATE-01/12/2013 ST CLASS- 1 YEAR LL.M 1 CONTENTS Sr.No Topic Page No. 1. INTRODUCTORY OVERVIEW 3-7 2. BACKGORUND OF NATURAL AND 8-14 POSITIVE LAW 3. MEANING AND CONCEPT OF NATURAL 15-35 AND POSITIVE LAW 4. COMPARATIVE STUDY OF NATURAL AND 36-48 POSITIVE LAW 5. RIVALS OF LEGAL POSITIVISM 49-55 6. CONCLUSION 56 7. BIBLIOGRAPHY AND REFERENCE 57-58 2 CHAPTER I INTRODUCTORY OVERVIEW Jurisprudence: The study of different schools of legal philosophy and how each can affect judicial decision making. Natural Law adherents presuppose that positive law derives its legitimacy from natural law and hold that, to the extent that natural law and positive law differ, natural law must prevail. A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children).1 Legal Positivists hold that there is no higher law than that created by legitimate governments and that such laws must be obeyed, even if they appear unjust or otherwise at odds with natural law A body of enforceable rules governing relationships among individuals and between individuals and their society.2 Positive Law: The written law of a particular society at a particular point in time (e.g.,the U.S. Constitution, the Texas Securities Act, the Internal Revenue Code, and published judicial decisions). -
Pragmatism Is As Pragmatism Does: of Posner, Public Policy, and Empirical Reality
Volume 31 Issue 3 Summer 2001 Summer 2001 Pragmatism Is as Pragmatism Does: Of Posner, Public Policy, and Empirical Reality Linda E. Fisher Recommended Citation Linda E. Fisher, Pragmatism Is as Pragmatism Does: Of Posner, Public Policy, and Empirical Reality, 31 N.M. L. Rev. 455 (2001). Available at: https://digitalrepository.unm.edu/nmlr/vol31/iss3/2 This Article is brought to you for free and open access by The University of New Mexico School of Law. For more information, please visit the New Mexico Law Review website: www.lawschool.unm.edu/nmlr PRAGMATISM IS AS PRAGMATISM DOES: OF POSNER, PUBLIC POLICY, AND EMPIRICAL REALITY LINDA E. FISHER* Stanley Fish believes that my judicial practice could not possibly be influenced by my pragmatic jurisprudence. Pragmatism is purely a method of description, so I am guilty of the "mistake of thinking that a description of a practice has cash value in a game other than the game of description." But he gives no indication that he has tested this assertion by reading my judicial opinions.' I. INTRODUCTION Richard Posner, until recently the Chief Judge of the United States Court of Appeals for the Seventh Circuit, has been much studied; he is frequently controversial, hugely prolific, candid, and often entertaining.2 Judge Posner is repeatedly in the news, most recently as a mediator in the Microsoft antitrust litigation3 and as a critic of President Clinton.4 Posner's shift over time, from a wealth-maximizing economist to a legal pragmatist (with wealth maximization as a prominent pragmatic goal), is by now well documented.' This shift has been set forth most clearly in The Problematics of Moral and Legal Theory,6 as well as Overcoming Law7 and The Problems of Jurisprudence.8 The main features of his pragmatism include a Holmesian emphasis on law as a prediction of how a judge will rule.9 An important feature of law, then, is its ability to provide clear, stable guidance to those affected by it. -
Franciscus Junius: Philology and the Survival of Antiquity in the Art of Northern Europe
Franciscus Junius: Philology and the survival of Antiquity in the art of northern Europe Review of: Art and Antiquity in the Netherlands and Britain. The Vernacular Arcadia of Franciscus Junius (1591 - 1677) by Thijs Weststeijn, Leiden and Boston: Brill, 2015, 452 pp., 178 colour & b/w illus. €129,00/ $164.00, ISBN13: 9789004283619, E-ISBN: 9789004283992 Ann Jensen Adams The early modern Dutch claimed as their forbearers the Batavians, a Germanic tribe described by Tacitus as located in the far reaches of the Roman Empire. Writings about art produced by the seventeenth-century descendants of these provincial peoples were proud but defensive as they continued to treat Rome as the centre of civilization. In 1632 Constantijn Huygens, secretary to northern Netherlands stadtholder Prince Frederik Henry, confided to his diary that he wished the promising artists Rembrandt van Rijn and Jan Lievens had travelled to Italy to learn from the art of antiquity and the Renaissance masters who had absorbed its lessons. But, he noted, the two young men felt that there were plenty of Italian works to be seen conveniently enough in The Netherlands. He then lavished praise on a figure of Judas by Rembrandt that he felt powerfully expressed the kind of universal truths promulgated by Latin art. Indeed, he wrote, ‘[... ] all honor to you, Rembrandt! To have brought Ilium – even all of Asia Minor – to Italy was a lesser feat than for a Dutchman [...] to have captured for The Netherlands the trophy of artistic excellence from Greece and Italy.’1 Through the first three quarters of the twentieth century this ambivalent stance toward the art of northern Europe has run like a red thread through art history as it developed as a professional discipline identified with, and defined by, the Italian Renaissance’s revival of antiquity. -
JEWISH-CHRISTIAN RELATIONS in the SEVENTEENTH CENTURY Studies and Documents
JEWISH-CHRISTIAN RELATIONS IN THE SEVENTEENTH CENTURY Studies and Documents Edited by J. VAN DEN BERG and ERNESTINE G.E. VAN DER WALL KLUWER ACADEMIC PUBLISHERS DORDRECHT / BOSTON / LONDON Contents Foreword V STUDIES R.H. Popkin Some Aspects of Jewish-Christian Theological Inter- changes in Holland and England 1640-1700 3 J. van den Berg Proto-Protestants? The Image of the Karaites as a Mir- ror of the Catholic-Protestant Controversy in the Seven- teenth Century 33 P. T. van Rooden Constantijn L'Empereur's Contacts with the Amsterdam Jews and his Confutation of Judaism 51 Ernestine G.E. van der Wall The Amsterdam Millenarian Petrus Serrarius (1600- 1669) and the Anglo-Dutch Circle of Philo-Judaists 73 A.K. Offenberg Jacob Jehuda Leon (1602-1675) and his Model of the Temple 95 VIII DOCUMENTS Ernestine G.E. van der Wall Johann Stephan Rittangel's Stay in the Dutch Republic (1641-1642) 119 J. van den Berg John Covel's Letter on the Karaites (1677) 135 Ernestine G.E. van der Wall 'Without Partialitie Towards All Men": John Durie on the Dutch Hebraist Adam Boreel 145 R.H. Popkin & D.S. Katz The Prefaces by Menasseh ben Israel and Jacob Judah Leon Templo to the Vocalized Mishnah (1646) 151 R.H. Popkin & Ernestine G.E. van der Wall Samuel Hartlib, John Worthington and John Durie on Adam Boreel's Latin Translation of the Mishna (1659-1661) 155 J. van den Berg Latin Table of Contents from the Hebrew Work of Menasseh ben Israel, Nishmat Chajjim 161 R.H. Popkin & J.