In this paper I begin by discussing the different ways in which Spinoza’s famous conatus argument has been understood, after which I present my own reconstruction of the derivation: each and every true finite thing is, in itself, an expresser of power (E1p25c, 1p34) that never acts self-destructively (E3p4) but instead strives to drive itself through opponents to produce effects as they follow from the definition of the thing in question (E1p25c, 1p34, and 3p5). This tells us something decisive (...) about the meaning of Spinoza’s doctrine: according to it, things are active causers whose “power to exist and act” has conatus character in temporality, amounting not only to striving to prolong the duration of one’s actualization but also to striving to be as active or autonomous as possible, that is, to attain a state determined by the striving subject’s essence alone. (shrink)

Spinoza was generally silent on the topic of women. Despite Spinoza's sometimes noxious remarks on women, several feminist theorists have found resources and inspiration in his philosophy. The promising features feminist theorists have thus far identified in Spinoza's philosophy can be placed into three major categories: anti‐individualism; the conatus doctrine; anti‐dualism. Spinoza's philosophy might be understood as a unique and comprehensive form of structural analysis. Feminists are also keenly interested in how domination is interiorized, how it comes to (...) form the first‐person experience of individuals and/ or the psychology of groups. Egalitarian feminism draws on the liberal feminist tradition, according to which there are no morally relevant differences between men and women. Sexual difference feminism is often misunderstood to assert an essential difference between women and men, to assert the importance of recognizing one axis of difference, the sexual difference between male and female. (shrink)

Conception and causation are fundamental notions in Spinoza's metaphysics. I argue against the orthodox view that, due to the causal axiom, if one thing is conceived through another thing, then the second thing causes the first thing. My conclusion forces us to rethink Spinoza's entitlement to some of his core commitments, including the principle of sufficient reason, the parallelism doctrine and the conatus doctrine.

Spinoza’s celebrated doctrine of the conatus asserts that “each thing, as far as it can by its own power, strives to persevere in its being” (E3p6). Shortly thereafter Spinoza makes the further claim that the (human) mind strives to increase its power of acting (E3p12). This latter claim is commonly interpreted as asserting that human beings (and their associations) not only strive to persevere in their existence, but also always strive to increase their power. Spinoza’s justification for E3p12 (...) relies (among others) on E3p6. For this reason, it seems reasonable that we strive to increase our power because having more power is likely to help us persevere in our being. The more power we have, the less likely we are to be out-powered by external causes that may conflict with our striving for persevering in our existence. The logic here is quite sound. Insofar as human beings are mere finite modes, i.e., entities whose existence is not guaranteed by their mere essence, and are distinct from other finite modes with whom we interact in various manners, it would seem that our striving for power should be insatiable. No finite degree of power can ever guarantee the continuation of our existence. On one occasion, Spinoza even defines good and evil as “what increases or diminishes, aids or restrains, our power of acting” (E4p8d). Having this sound logic in mind, we should be taken aback by a brief claim Spinoza makes in passing in the seventh chapter of Political Treatise. In this passage, Spinoza seems to assert that the stability of a state – which is one of the chief political virtues for Spinoza – is a function of having just the right degree of power, not less, but also, not more. The passage seems to imply that having too much power might be detrimental to the state. But how can such a view be consistent with Spinoza’s assertion and approval of our constant “will to power” in the Ethics? In the current paper, I will explain the tension between these two strands in Spinoza’s thought, and attempt to reconcile them. I will begin with a close examination of the passage from the seventh chapter of the TP, and its apparent contrast with Spinoza’s claim in the Ethics about our striving to increase our power of acting. I will then turn, in the second part, to consider whether Spinoza’s claims in TP Ch. 7 – a chapter dedicated to the exploration of the nature of non-tyrannical monarchy – are valid only with regard to a monarchic state, or whether we may generalize the claim that having too much power might be harmful to other forms of the state or even other kinds of individuals. In the third and final part I will attempt to solve the tension between Spinoza’s apparently conflicting claims by looking more closely at Spinoza’s understanding of human power, and its political dimensions. (shrink)

Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la (...) notion moderne de subjectivité. Ainsi, en éclairant cet as­pect du concept spinoziste de chose singulière. on comprendra aussi, de façon indirecte, l'une des conditions par lesquelles les choses peuvent, dans la doctrine spinoziste, devenir des objets ou des signes pour la connaissance humaine. (shrink)

Introduction Conatus is a specific concept within Descartes’s physics. In particular, it assumes a crucial importance in the purely mechanistic description of the nature of light – an issue that Des- cartes considered one of the most crucial challenges, and major achievements, of his natural phil- osophy. According to Descartes’s cosmology, the universe – understood as a material continuum in which there is no vacuum – is composed of a number of separate yet interconnected vortices. Each of these vortices (...) consists in a set of bands rotating around their centres. The bands are com- posed of corpuscles of the three elements, each distinguished on the basis of their different shapes and sizes. The small globules of the second element, although impeded by the other parts of heaven, strive to move away from the centre of the vortex around which they revolve, thus exerting a certain force against the surrounding bodies. This striving or conatus, though a mere force rather than a genuine motion, is transmitted instan- taneously and along straight lines from body to body. According to Descartes, then, the nature of light consists in this striving alone. This account must be understood as strictly connected to the fundamental laws that regulate the Cartesian world. It is particularly important to recall that for Descartes the centrifugal force exerted by a rotating body is understood to be a consequence of the intrinsic rectilinearity of every motion. As the second of the three Laws of Nature set forth in Book II of the Principles of Philosophy establishes, “all motion is in itself rectilinear; and hence any body moving in a circle tends to move away from the centre of the circle which it describes as proved by the fact that a stone rotating in a sling tends to move centrifugally along the tangent of each point described by a circle.1 Similarly, each of the globules of the second element “strives to recede with a great force from the centre of the vortex in which it rotates; it is in fact prevented by the other globules placed all around, not differently than a stone in a sling”. Within this framework, as I show later, conatus occurs when a body’s intrinsic tendency to rectilinear motion is impeded by an external constraint. As Stephen Gaukroger notes, the use of the term conatus in the Principles – like “vis” and “ action ” – shows that Descartes “cannot avoid dynamic terminology”, despite his declared intent “to construe motion in a purely kinematic way”. Indeed, Gaukroger observes that the notions of force action and striving are systematically employed in the Principles – appearing 290, 59 and 8 times, respectively. Also noteworthy, conatus was – together with the more familiar concepts of actio and vis – a significant element of the conceptual apparatus of Scholastic natural philosophy. As will be seen later – and this is the first goal of this paper – here the concept of conatus had a very specific function. Indeed, it was a central part of the Aristotelian- Scholastic account of gravitation. Conatus was used to refer to the striving of a body to move towards its natural place – especially in cases where its natural motion was hindered or impeded by an external mover. This specific use of the concept of conatus can be found in texts on natural philosophy from the end of the sixteenth through the late seventeenth century. Notably, it occurs in some of the late -Scho- lastic texts which held special significance for Descartes’s thought. Therefore, Descartes introduces conatus in a context in which this concept already had a very specific meaning, and one of which he was very probably aware. The possible relations between these two apparently very different con- cepts have therefore to be scrutinized. I thereby propose to undertake a comparison between the Scho- lastic and the Cartesian conceptions of conatus. I hope to show that certain traits of the former are indeed echoed by the latter, although adapted to the much changed physical paradigm of Cartesian physics. In fact, Descartes’s conatus, though sharing some important similarities with the old one, underwent significant transformations in terms of both its meaning and its application. However, I hope to show that these concepts are both used to describe the behaviour of bodies in relation to their intrinsic motive tendency, and in particular when this tendency is impeded or prevented. Such a reconstruction offers two main areas of interest. On an immediate level, it furthers the general efforts of scholars over the past decades to reconstruct the full extent of the relations between Descartes’s thought and Scholastic philosophy. However, there is another significant reason for taking an interest in the ties between the Scholastic and the Cartesian conceptions of conatus. Indeed, the Cartesian conatus must be seen as crucial to a proper understanding of the broader, diverse conceptualization that this idea enjoyed in the thought of many of the most important philosophers of the early modern period, namely Spinoza, Hobbes and Leibniz. In particular, Spinoza, were directly influenced by Descartes in their unique formulations of conatus. Thus a reconstruction of the context in which Descartes formulated his conatus and of its relations to a pre-existing Scholastic conception will enable us to better reconstruct the history of this idea in the early modern period. The paper is structured as follows: in the first part, I provide a thorough review of the Scho- lastic employment of the concept conatus – both its meaning and the extent of its usage. I then show that it occurs in some of the most prominent Cartesian sources. Finally, I shall provide an account of Descartes’s theory of circular motion and conatus with the specific aim of empha- sizing the elements of both continuity and discontinuity that justify the claim that Descartes’s con- ception of conatus is reminiscent of the Scholastic one. (shrink)

A presentation of Spinoza's theory of affections and concept of conatus aimed at a psychoanalyst audience.

In this essay, I will begin by delineating the context of the conatus principle, after which I will provide a reading of the two propositions (EIIIP6 and P7) that contain the very core of the theory. This in turn will enable me to explain how Spinoza’s theory of conatus is connected to his views on desire, activity, and teleology.

The focus of this paper will be on the earliest Greek treatments of impulse, motivation, and self-animation – a cluster of concepts tied to the hormē-conatus concept. I hope to offer a plausible account of how the earliest recorded views on this subject in mythological, pre-Socratic, and Classical writings might have inspired later philosophical developments by establishing the foundations for an organic, wholly naturalized approach to human inquiry. Three pillars of that approach which I wish to emphasize are: practical (...) intelligence (i.e., a continuity between knowing and doing), natural normativity (i.e., a continuity between human norms and the environment), and an ontology of philosophical dialectic (i.e., a continuity between the growth of human understanding and the growth of physis). (shrink)

Unamuno saw in his defense of religious faith a response to Nietzsche’s criticisms of the Christian, agapeic way of life. To Nietzsche’s claim that engaging in this way of life is something antinatural and life-denying, insofar as it goes against the (alleged) natural tendency to increase one’s own power, Unamuno responded that an agapeic way of life is precisely a direct expression of this natural tendency. Far from being something that goes against our natural inclinations, Unamuno says, an agapeic way (...) of life is a life-affirming exercise, something we are led to given our own natural condition. Hence, the aim of this essay is to comment on Unamuno’s criticism of Nietzsche and to point out the philosophical relevance of Unamuno’s attempt to provide a natural foundation for religious faith when assessing Nietzsche’s criticisms of the possibility of carrying out a Christian, agapeic way of life. (shrink)

In this article I examine how a teleological (or purposive) reading of Spinoza’s conatus shapes the ethical framework of his philosophy. I first introduce Spinoza’s criticism of teleology and argue contra many critics that Spinoza has a mild approach to human teleology. On the basis of this idea, I develop the claim that the human conatus includes purposive elements such that it is envisioned as a purposive being that is oriented towards the adequate knowledge of Nature or God, (...) the conceptions of wisdom, love and joy and the notion of an ideal human nature. From the teleological reading of human conatus, I draw the conclusion that Spinoza’s ethics is inclusive of objective, humanistic, and essentialist elements in the sense that it situates human agents as directed towards ethical ends to be pursued through their conative activity. In this sense, throughout this paper, I take issue with the anti-teleological reading of conatus that is predominantly related to the subjectivistic, anti-humanistic, and non-essentialist interpretation of Spinoza’s ethics. In doing so, I argue that Spinoza’s ethics is not entirely free from objective, humanistic and essentialist elements, by putting a particular emphasis on the distinguishing character of the purposive essence of his human conatus. (shrink)

The standard version of the doctrine of double effect, a significant doctrine in applied ethics particularly medical ethics, not only fails to capture some morally significant components of Aquinas’ view, but it does not resort to proper complementary features in order to accommodate the doctrine to our moral intuitions. We attempt to offer a new formulation of the doctrine incorporating the main components of Aquinas’ view and also to extend the view using some complementary features. We (...) will examine the strength of the formulation applying it into some ethically controversial situations, mainly in medical ethics. (shrink)

Under the standard formulation of the Doctrine of Double Effect, an act is permissible only if it is the result of an intention to do good and not the result of an intention to do bad. Many find that this absurdly ties the act’s permissibility to the agent’s character and not to features of the act itself. In light of such criticism, some philosophers have reformulated the doctrine so that it holds that an act is permissible given that (...) it results from an intention to do good by some agent. I argue that this appeal to possible intentions to do good fails. There is no modal or moral reason to privilege intentions to do good over those to do bad, and without privileging them, this version of the Doctrine of Double Effect leads to contradiction. In many scenarios, if a possible intention to do good is considered to be sufficient for permissibility, then in that same scenario a possible intention to do bad should be sufficient for impermissibility. However, one and the same act can have both possible intentions to do good and possible intentions to do bad. Thus, the principle leads to the contradictory ruling that one and the same act is both permissible and impermissible. (shrink)

This paper examines the doctrine of existence as a perfection. Examining some of the comments from Leroy Howe, there is an immense amount of confusion with the idea of existence as a perfection. Leaning on some level of the cosmological argument, I believe it is Descartes that brings forth a proper understanding of why existence is a great making property. However, there is a level of irrelevance between the Kantian problem existence as a predicate and the nature of Anselm's (...) argument. (shrink)

Judgment aggregation theory, or rather, as we conceive of it here, logical aggregation theory generalizes social choice theory by having the aggregation rule bear on judgments of all kinds instead of merely preference judgments. It derives from Kornhauser and Sager’s doctrinal paradox and List and Pettit’s discursive dilemma, two problems that we distinguish emphatically here. The current theory has developed from the discursive dilemma, rather than the doctrinal paradox, and the final objective of the paper is to give the latter (...) its own theoretical development along the line of recent work by Dietrich and Mongin. However, the paper also aims at reviewing logical aggregation theory as such, and it covers impossibility theorems by Dietrich, Dietrich and List, Dokow and Holzman, List and Pettit, Mongin, Nehring and Puppe, Pauly and van Hees, providing a uniform logical framework in which they can be compared with each other. The review goes through three historical stages: the initial paradox and dilemma, the scattered early results on the independence axiom, and the so-called canonical theorem, a collective achievement that provided the theory with its specific method of analysis. The paper goes some way towards philosophical logic, first by briefly connecting the aggregative framework of judgment with the modern philosophy of judgment, and second by thoroughly discussing and axiomatizing the ‘general logic’ built in this framework. (shrink)

When the U.S. conducts warfare, elements of a force are drawn from different services and work together as a single team to accomplish an assigned mission. To achieve such unified action, it is necessary that the doctrines governing the actions of members of specific services be both consistent with and subservient to joint Doctrine. Because warfighting today increasingly involves not only live forces but also automated systems, unified action requires that information technology that is used in joint warfare must (...) be aligned with joint doctrine. It requires also that the separate information systems used by the different elements of a joint force must be interoperable, in the sense that data and information that is generated by each element must be usable (understandable, processable) by all the other elements that need them. Currently, such interoperability is impeded by multiple inconsistencies among the different data and software standards used by warfighters. We describe here the on-going project of creating a Joint Doctrine Ontology (JDO), which uses joint doctrine to provide shared computer-accessible content valid for any field of military endeavor, organization, and information system. JDO addresses the two previously mentioned requirements of unified action by providing a widely applicable benchmark for use by developers of information systems that will both guarantee alignment with joint doctrine and support interoperability. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence (...) account, Warren Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

"It is the purpose of this article to attempt to re-examine the account of Thrasymachus' doctrine in Plato's Republic, and to show how it can form a self-consistent whole. [...] In this paper it is maintained that Thrasymachus is holding a form of [natural right]." Note: Volume 40 = new series 9.

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections to the doctrine such as James’ Rachels’ Wicked Uncle (...) Case and Jonathan Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

About this book: -/- This book delves into the compatibility of Islam with liberal values, engaging in a comparative analysis of Islamic moral language and John Rawls's liberal democratic ideas. Rawls, a prominent modern liberal political philosopher, posits that diverse moral and religious doctrines in a pluralistic society should align with the principles of a liberal democratic political culture. The author shares Rawls's assumptions and maps out a spectrum of Islamic orthodoxy positions to assess the plausibility of reconciling Islamic doctrines (...) with a liberal political order. While acknowledging that such compatibility is not the mainstream outlook, the book argues that it's feasible through reasonable interpretations of Islamic sources. -/- The central question addressed is the realism of observant Muslims endorsing a liberal democratic state from within their doctrinal tradition. By examining a range of Islamic orthodoxy positions, the book demonstrates that Muslims can theoretically find Islamic reasons, rooted in acceptable interpretations of divine sources, to justify their commitment to a liberal state. Furthermore, it provides moral reasons and strategies for the liberal state to address incompatible Islamic doctrines, ensuring Muslims can maintain religious practices without an Islamic political authority. This theoretical framework offers insights for future empirical and theoretical studies on Muslims navigating pluralistic liberal societies, making it a vital contribution to the discourse on Islam and liberalism. (shrink)

Epicurean philosophy, as Epicurus's teachings became known, was used as the basis for how the community lived and worked. At the time, founding a school and teaching a community of students was the main way philosophical ideas were developed and transmitted. Greek philosopher Aristotle (384–322 BCE), for instance, founded a school in Athens called the Lyceum. Epicurus and his disciples believed either there were no gods or, if there were, the gods were so remote from humans that they were not (...) worth worrying about. Similarly, humans would not have to worry about the afterlife. Instead, humans should live by maximizing their pleasure. The highest pleasure was to be found in the absence of pain. Epicurus taught that humans could maximize their pleasure by living simply and enjoying those impulses that are natural to humans. These impulses include the need to eat and the desire for good friends and company. The Principal Doctrines are 40 statements outlining the basis for the beliefs of Epicurus and his followers about how to lead a good life. Epicurus's other philosophical beliefs (such as his belief that existence was composed of indivisible particles called atoms) are expressed in other writings. Almost none of Epicurus's original writings survive to the present day. His works, including the Principal Doctrines, are known to us because of the work of later writers. In the 3rd century CE, Diogenes Laërtius reproduced Epicurus's writings in Lives, Teachings, and Sayings of Famous Philosophers. Produced centuries after Epicurus's death, such collections may not be Epicurus's precise words or formulations. The Principal Doctrines should thus be regarded as the core principles not only of Epicurus but also of his followers, the Epicureans. (shrink)

I EXPLORE ONE WAY IN WHICH THE THEORY OF RELATIVE IDENTITY (DEVELOPED ALONG LINES SUGGESTED BY GEACH’S WRITINGS) CAN BE USED TO UNDERSTAND THE WAY LANGUAGE FUNCTIONS IN TRINITARIAN DOCTRINE. THIS INCLUDES A DISCUSSION OF REDUPLICATIVE PROPOSITIONS.

Spinoza’s metaphysical concept of striving (conatus) entails that all particular things without exception partake in the similar goal of self-preservation. From this position, he derives psychological principles for humans that account for social behavior in terms of one’s effort to preserve one’s community. His position stands in opposition to common sense descriptions of ‘unselfish’ behaviors such as altruism and Michael Della Rocca’s formulation of “other directed striving.” Spinoza accounts for humans acting in the interest of others via community, without (...) compromising his metaphysics or rigorous commitment to naturalism. His explanations outline a means to act socially that minimizes the threat violent emotions pose to political harmony. (shrink)

Was Aristotle the ‘father’ and founder of the epigenesis doctrine? Historically, I will argue, this question must be answered with ‘no’. Aristotle did not initiate and had no access to a debate that described itself in terms of ‘epigenesis’ and ‘preformation’, and thus cannot be considered the ‘father’ or founder of the epigenesis-preformation controversy in a literal sense. But many ancient accounts of reproduction and embryological development contain analogies to what early modern scientist called ‘epigenesis’ and ‘preformation’, and, in (...) this analogous sense, Aristotle can be considered a precursor of the epigenesis-preformation controversy. But is Aristotle’s position actually epigenetic, as most of the traditional interpreters hold, or preformationist, as some of the recent scholars believe? I will argue against the one-sidedness of both readings that Aristotle’s account of reproduction and heredity contains mainly epigenetic, but also a few preformationist characteristics. Whereas, for instance, Aristotle’s idea of a successive development of the embryo’s parts is doubtlessly epigenetic, Aristotle’s idea that the development of the embryo is an actualization and enlargement of potential parts, which are simultaneously present in the semen, can be considered a preformationist feature. (shrink)

Aristotle’s doctrine of the mean states that each moral virtue stands opposed to two types of vice: one of excess and one of deficiency, respectively. Critics claim that some virtues—like honesty, fair-mindedness, and patience—are counterexamples to Aristotle’s doctrine. Here, I develop a generalizable strategy to defend the doctrine of the mean against such counterexamples. I argue that not only is the doctrine of the mean defensible, but taking it seriously also allows us to gain substantial insight (...) into particular virtues. Failure to take the doctrine seriously, moreover, exposes us to the risk of mistaking certain vices for virtues. (shrink)

In this paper, I argue that morality might bear on belief in at least two conceptually distinct ways. The first is that morality might bear on belief by bearing on questions of justification. The claim that it does is the doctrine of moral encroachment. The second, is that morality might bear on belief given the central role belief plays in mediating and thereby constituting our relationships with one another. The claim that it does is the doctrine of doxastic (...) wronging. Though conceptually distinct, the two doctrines overlap in important ways. This paper provides clarification on the relationship between the two, providing reasons throughout that we should accept both. (shrink)

Leibniz's World-Apart Doctrine states that every created substance is independent of everything except God. Commentators have connected the independence of substance asserted by World-Apart to a variety of important aspects of Leibniz's modal metaphysics, including his theory of compossibility and his notion of a possible world (including what possible worlds there are). But what sort of independence is at stake in World-Apart? I argue that there is not a single sense of "independence" at stake, but at least three: what (...) I call "causal", "phenomenal", and "ontological" independence. Further, I distinguish two versions of each type of independence: what I call "basic" and "strict" versions. I argue that only basic versions can be legitimately attributed to Leibniz. In light of this result, I conclude, pace previous commentators, that World-Apart has little impact on Leibniz's modal metaphysics. (shrink)

Abstract: This essay consists of some clarifying remarks on the doctrine of double effect (DDE). After providing a contemporary formulation of the doctrine we put special emphasis on the distinction between those aspects of an action plan that are intended and those that are merely foreseen (the I/F distinction). Making use of this distinction is often made difficult in practice because salient aspects of the action plan exhibit a felt “closeness” to one another that is difficult if not (...) impossible to articulate with the precision we might like. The essay goes on to examine an especially adroit criticism of DDE best articulated by J.J. Thomson. We conclude with a brand new double effect case (new to the philosophical literature anyway) taken from medicine and Roman Catholic pastoral ministry. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, (...) I place the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article considers ways in (...) which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (shrink)

Theorists such as Stuart Hall have problematised the idea that identity is something that remains essentially the same across time. Since doctrine has been cast as that which safeguards Christian identity, this provokes the question: what role can doctrine play if this is the case? Critiquing George Lindbeck's The Nature of Doctrine in light of Kathryn Tanner's work on rules suggests that doctrine cannot regulate, constitute or generate the necessary conditions for Christian identity. Doctrine can, (...) however, still play a role in generating Christian meaning without regulating identity by determining how concepts are formed in Christian community. (shrink)

The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have this (...) doctrine in the Law of delict, is because employers have greater financial stamina to offset any losses caused by employees and employees work under the instruction of the employer just but to mention a few. (shrink)

Confrontée à l’exigence de neutralité axiologique, comprise comme le rejet de tout jugement de valeur, la doctrine environnementaliste ne fait pas preuve d’une particulière originalité. Elle porte peu d’intérêt à cette exigence, son discours est inéluctablement affecté par les mêmes biais que ceux qui touchent les autres catégories de doctrine et elle y apporte aussi des réponses comparables. Elle met d’une part en place des processus d’objectivation dont la portée est limitée en raison de l’étroitesse de la communauté (...) scientifique du droit de l’environnement. D’autre part, elle expose peu ses méthodes et sa posture théorique alors même que ces deux éléments seraient de nature à améliorer sa réflexivité. Mais là encore, on ne peut déceler aucune véritable spécificité de la doctrine environnementaliste par rapport aux autres. Elle apparaît donc ni plus ni moins critiquable que les autres au regard de l’exigence de neutralité axiologique. Au-delà, une première phase de la doctrine environnementaliste s’achève probablement, phase qui ressemble d’ailleurs à ce qu’ont connu d’autres catégories de doctrine, entre défense de son objet et recherche de légitimité. Il s’agit désormais d’ouvrir une nouvelle phase que nous souhaiterions à la fois plus théorique et plus méthodique. (shrink)

In an important new Article, titled A Matter of Facts: The Evolution of the Copyright Fact-Exclusion and Its Implications for Disinformation and Democracy, Professor Jessica Silbey argues provocatively that we “‘only” know that facts are excluded from copyright protection because Feist Publications v. Rural Telephone Service “says so.” She argues that both the nature and importance of facts has been underdefined and is in flux, nonetheless tracing it to the foundational cases of United States (U.S.) copyright law, and argues for (...) a stronger exclusion of facts, which are publici juris, and belong in the public domain. This central thesis is most agreeable, as is her analysis of doctrine and legislative history. The Article’s rich study of American pragmatism, legal realism, the Cambridge school of analytic philosophy, and the “new social scientists,” which Professor Silbey uses to support a strong fact-exclusion, is a tour de force. The Article ends with a list of proposals for a strong Feist application to evaluations, catalogs, manuals, and legal documents. It also includes a call not to allow for industrial dilution of copyright’s framework, including the facts and ideas exclusion. Both are laudable and timely in the era of generative artificial intelligence (AI), where proposals to protect non-authorial quasi-expression or to prevent copying of non-expressive subject matter abound. -/- While I agree with a call for a robust public domain and strong fact-exclusion, and devote Part II of this Response to explore further doctrinal grounds for them, in Part III I explore Silbey’s argument that “pragmatist philosophy’s challenge to universal truths combined with legal realist challenges to formalist jurisprudence eventually shape what is (or should be) copyright law’s broad public domain in ‘facts.’” It is not immediately clear if pragmatism and realism are a solid ground for justifying strong legal principles and axioms. Engaging with this provocative argument allows us to uncover what realism means to Professor Silbey and the much more radical consequences of her arguments. Part IV concludes. (shrink)

According to the doctrine of infallibility, one is permitted to believe p if one knows that necessarily, one would be right if one believed that p. This plausible principle—made famous in Descartes’ cogito—is false. There are some self-fulfilling, higher-order propositions one can’t be wrong about but shouldn’t believe anyway: believing them would immediately make one's overall doxastic state worse.

Originally introduced by Plato and Aristotle, the doctrine of the mean is the most prevalent theory of ethics among Islamic scholars. According to this doctrine, every virtue or excellence of character lies in the observance of the mean, whereas vices are the excess or deficiency of the soul in his functions. Islamic scholars have been influenced by the doctrine, but they have also developed and re-conceptualized it in innovative ways. Kindi, Miskawayh, Avicenna, Raghib Isfahani, Nasir al-Din Tusi, (...) and others are among the Islamic contributors to the subject. Some of their contributions are as follows: bringing together Aristotle's doctrine of the mean with Plato's psychology, dividing virtues into four higher geniuses, dividing vices into eight higher geniuses, setting various kinds of vices and virtues under these higher geniuses, adding the criteria of quality to Aristotle's quantitative evaluation of excess and deficiency, dividing various conceptualizations of justice, adding religious and mystical virtues into the existing list of virtues, and proposing a comprehensive model for curing diseases of the soul. (shrink)

Dans cet article, nous présentons une formulation néo-aristotélicienne de la doctrine du juste milieu. Nous commençons par décrire la formulation classique de la doctrine par Aristote, telle qu'elle est exposée dans l’Éthique à Nicomaque. Nous présentons en outre les éléments fondamentaux qui régissent les matrices de concepts (Franceschi 2002). Nous proposons ensuite une nouvelle formulation de la doctrine du juste milieu, directement dérivée de la structure-même des matrices de concepts. Nous comparons également la présente formulation de la (...) doctrine du juste milieu avec celle d'Aristote, en mettant en évidence les points communs et les différences. Nous proposons aussi une interprétation de la formulation aristotélicienne de la doctrine du juste milieu. Enfin, nous montrons comment la version néo-aristotélicienne de la doctrine du juste milieu permet de répondre à plusieurs objections, et notamment à celles qui ont été classiquement soulevées à l’encontre de sa version aristotélicienne. (shrink)

The aims of my paper are to set out Aquinas’s arguments in favour of the thesis of God as Subsistent Being itself; set out the arguments against; and propose a fresh reading of that thesis that takes into account both Thomistic doctrine and the criticisms of it. In this way, I shall proceed as in a medieval quaestio, with arguments in favour, sed contra and respondeo.

Sikhism, a panentheistic religion, originated in the Punjab province of the Indian subcontinent during the 15th century. It is one of the youngest and fifth major world religions. The fundamental beliefs of Sikhism have been enshrined in the sacred scripture, Sri Guru Granth Sahib. These beliefs include faith in and meditation on one universal creator, unity of all humankind, engaging in selfless service, striving for social justice for all, honest livelihood and ethical conduct while living a householder's life. Sikhism has (...) about 28 million adherents worldwide. World peace is an ideal state of freedom, peace, and happiness among and within all nations and people. This idea of a peaceful world, free from violence, provides a basis for peoples and nations to willingly cooperate to prevent warfare. While different cultures, religions, philosophies, and organizations may have different concepts about how such an ideal state might come about, they have in common this ideal of a cessation of all hostility amongst all humanity. World Peace could be established through religious or secular organizations that address human rights, education, or diplomacy to end all forms of fighting. All religions are potential bearers of peace, reconciliation and reflection. This is true for Sikhism as well. As we are aware that peaceful co-existence between individuals, communities and nations is possible provided freedom, justice, human dignity, and equal opportunity to all are guaranteed. Sikhism with its doctrines of sangat (holy company), pangat (equality), wand chhakna (sharing with others), love of nature, sarbat da bhala (universal welfare), seva (selfless service), universal brotherhood, justice, liberty and fraternity, offers a pragmatic approach to achieve our well-cherished goal of world peace. (shrink)

According to advocates of internalism about reasons for action, there is an interesting connection between an agent’s reasons and the agent’s present desires. On the simplest version of this view, an agent has a reason to act a certain way at some time if and only if acting that way would promote his present desires. Let us call this the sub-Humean model.1 The sub-Humean model is widely regarded as too simple on the grounds that there are adverse conditions, such as (...) massive confusion, in which desires are irrationally possessed or acquired, thereby failing to provide reasons for action.2. (shrink)

Quoique l’on trouve plusieurs explications de l’ontologie du Bien dans l’œuvre d’Aristote, on n’y trouve qu’une seule explication de l’ontologie du mal. En Métaphysique Θ 8 et 9, la description du rapport entre la puissance et l’acte prépare le chemin vers une explication ontologique du mal comme la privation d’un bien. Le but de cet article est de montrer que cette doctrine du mal comme privation constitue le fondement métaphysique de toute la philosophie pratique aristotélicienne et d’illustrer la continuité (...) entre les doctrines de la vertu, du vice et du bonheur et la doctrine du mal comme privation. (shrink)

For most interpreters of the philosopher from Rotterdam, his political doctrine is solely a consequence of his religious and moral doctrines, and so an image of Bayle as a political philosopher is not usually presented. To my mind, however, only by analyzing his political doctrine can the extent of his religious proposal be understood. In this article, I intend to show that both the Baylean criticism of popular sovereignty and his rejection of the right of resistance are analyses (...) that are indissociable from the Baylean doctrine of tolerance. The protection of individual freedom of conscience and the defense of a multi-confessional state model, tolerant regarding religious minorities, can only be articulated as historical reality if they rest on the political doctrine of indivisible sovereignty and on the strictest separation between political obedience and religious membership. (shrink)

In the autumn of 1667, the young Leibniz published a «new method» for the science of law. Producing a revised edition of that early work was to become his lifelong project, to the purpose of which he wrote, in the 1690s, a succession of new versions of most of its sections. The main reason for this enduring interest was probably the fact that the juridical part of the treatise was preceded with a more general one, encapsulating in a few pages (...) a systematic overview of the disciplines composing the baroque encyclopaedia, after the model of Johann Heinrich Alsted’s monumental Encyclopaedia septem tomis distincta. If Leibniz still depended on Alsted’s notion of philosophy as the «circle of disciplines», he deeply transformed that pre-Cartesian conception of knowledge by two decisive innovations: following Bacon, he defines each branch of demonstrative science as bearing on one single «quality», abstracted from the subjects in which it inheres; yet, contrary to Bacon, he no longer conceives of these qualities as the ultimate components of reality, but as those of our experience of it, marking the limit of the explanatory capacity of language. (shrink)

The Russian philosopher Nikolai Onufrievich Lossky considered himself a Leibnizian of sorts. He accepted parts of Leibniz’s doctrine of monads, although he preferred to call them ‘substantival agents’ and rejected the thesis that they have neither doors nor windows. In Lossky’s own doctrine, monads have existed since the beginning of time, they are immortal, and can evolve or devolve depending on the goodness or badness of their behavior. Such evolution requires the possibility for monads to reincarnate into the (...) bodies of creatures of a higher level on the scala perfectionis. According to this theory, a monad can evolve by being progressively reincarnated multiple times through a sort of process of metamorphosis from the level of the most elementary particles all the way up to the level of human beings or even higher. Lossky argues that the works of Leibniz contain scattered elements of such a systematic doctrine of reincarnation. He attempts to reconstitute this doctrine in an article that appeared both in Russian and German in 1931. The Russian version, ‘Ученiе Лейбница о перевоплощенiи какъ метаморфозѣ’, was published in the Сборникъ Русскаго института въ Прагѣ, vol. 2, 1931, pp. 77–88. The German version appeared under the title ‘Leibniz’ Lehre von der Reinkarnation als Metamorphose,’ in Archiv für Geschichte der Philosophie, vol. 40, n. 2, 1931, pp. 214–226. The content of the Russian and German versions is roughly the same, except for the omission, in the German version, of a mention of David Hume in the second sentence and of one paragraph and a half at the end of the article. The following is a translation of this article. I translated the text from the Russian version, which was in all appearances written first, but I also took the German version into account. The original pagination is added in angle brackets. Angle brackets are used wherever the additions are mine. — Frédéric Tremblay. (shrink)

Logical Criticism of Buddhist Doctrines is a ‘thematic compilation’ by Avi Sion. It collects in one volume the essays that he has written on this subject over a period of some 15 years after the publication of his first book on Buddhism, Buddhist Illogic. It comprises expositions and empirical and logical critiques of many (though not all) Buddhist doctrines, such as impermanence, interdependence, emptiness, the denial of self or soul. It includes his most recent essay, regarding the five skandhas (...) class='Hi'>doctrine. (shrink)