To what extent does Scots law recognise an action for recovery of moveable property based on the ownership of the pursuer? Doctrinal answers to this question are usually forced to engage with the assertion of Lord Stair that “we make not use of the name or nature of Vindication”. This article seeks to further historical and doctrinal understanding of Stair's views by locating them within the broader theological and philosophical context of the development in Europe of a Reformed theory of (...) subjective rights. It is argued that Stair's comments must be understood in the context of disagreement about the role and status of Roman law in Scotland, and also a morally and philosophically rich understanding of ownership which focussed on the creation of a sphere of individually protected rights rather than the strictures of the Roman distinction between property and obligation. The article highlights debate between Stair and one of the other prominent jurists of the period, Sir George Mackenzie, and the extent to which their conflicting accounts of property law doctrine are inseparable from questions about legal authority and national identity. By situating Stair's views within their historical and intellectual context, it is hoped to encourage a more reflective approach to their status as doctrinal authority. (shrink)

The word 'reason' as used today is used ambiguous in its meaning. It may denote either of two mental faculties: a lower reason associated with discursive, linear thinking, and a higher reason associated with direct apprehension of first principles of mathematics and logic, and possibly also of moral and religious truths. These two faculties may be provisionally named Reason (higher reason) and rationality (lower reason). Common language and personal experience supply evidence of these being distinct faculties. So does classical philosophical (...) literature, the locus classicus being Plato's Divided Line analogy. -/- The effect of currently using a single word to denote both faculties not only produces confusion, but has had the effect of decreasing personal and cultural awareness of the higher faculty, Reason. Loss of a sense of Reason has arguably contributed to various psychological, social, moral, and spiritual problems of the modern age. This issue was also a central concern of 19th century Transcendentalists, who reacted to the radical empiricism of Locke. It would be advantageous to adopt consistent terms that make explicit a distinction between higher and lower reason. One possibility is to re-introduce the Greek philosophical terms nous and dianoia for the higher and lower reason, respectively. This discussion has certain parallels with the recent theories of McGilchrist (2009) concerning the increasingly left-brain hemisphere orientation of human culture. (shrink)

European Journal of Philosophy, EarlyView.

Why would Rene Descartes, the father of modern rationalist philosophy, choose "meditations" -- a term and genre associated with religious discourse and practice -- for the title of his magnum opus that lays the metaphysical foundations for his reform of all knowledge, including mathematics and sciences? Why did he believe that the immortality of the soul and the existence of God, which the Meditations on First Philosophy set out to demonstrate, can only be made self-evident through meditating? These are the (...) question that Christopher Wild's book answers. Descartes discovered the "foundations of a marvelous science" through a dramatic conversion in southern Germany in the winter of 1619. The spiritual and cognitive exercises, derived from ancient philosophy and the Christian meditative tradition, which Descartes deployed in the Meditations, enable readers to discover metaphysical truths with the same degree of self-evidence with which Descartes did during his own conversion. Descartes' meditative turn, Wild argues, brings to a culmination a life-long preoccupation with the practice or craft of thinking, known as Cartesian method. By joining meditation to method the Meditations becomes the founding document for a Cartesian "art of turning," a new practice of both thought and life. (shrink)

Richard Sorabji presents a unique exploration of the development of moral conscience over 2500 years, from the playwrights of classical Greece to the present. His virtuoso study of the development of pagan, Christian, and secular conceptions of conscience culminates in a consideration of the nature, value, and role of conscience today.

Is there a specifically "Hobbesian moment" in the extremely complex history of the idea of conscience? In order to answer this question and to understand why Hobbes's conception of conscience was so innovative, one needs to look at the materials he used to build his system, including the medieval doctrine of synderesis. The article examines the way this doctrine was both perpetuated and altered in Renaissance England.

This paper examines the significance and originality of Hobbes’s use of ‘mind’, rather than ‘soul’, in his writings on human nature. To this end, his terminology in the discussion of the ‘faculties of the mind’ in The Elements of Law, Natural and Politic (1640) is considered in the context of English-language accounts of the ‘faculties of the soul’ in three widely-read works from the first half of the seventeenth century: Thomas Wright’s The Passions of the Minde in Generall (1604), Robert (...) Burton’s The Anatomy of Melancholy (1621), and Edward Reynolds’s A Treatise of the Passions and Faculties of the Soule of Man (1640). For Hobbes’s contemporaries, man’s soul conveyed God-like powers to human beings; for Hobbes this is a dangerous idea. Accordingly, he establishes a sharp divide between ‘soul’ and ‘mind’, understanding the two terms to be concerned with two very different things: one with soteriology, the other with mental abilities. Like his contemporaries, Hobbes thought that understanding the faculties reveals the way to live a good life. But unlike them, his moral and political philosophy relies on citizens accepting that they are not like God, rather than looking to restore the ‘divine’ within themselves. (shrink)