There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the (...) way for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear (...) both (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested that Ash‘arism (...) may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

Recent divine command theorists make a serious and impressive case that a sophisticated divine command theory has significant metaethical advantages and can adequately meet traditional objections, such as the Euthyphro problem. I survey the attempt sympathetically with a view to explaining how the divine command theory can deal with traditional objections while delivering on metaethical desiderata, such as providing an account of ethical objectivity. I argue, however, that to the extent that a divine command theory succeeds, (...) an ideal observer theory can do equally well. Once the divine command theory is rendered immune to Euthyphro-related objections, we will have all the machinery needed to show that an ideal observer theory can provide the same metaethical advantages, without supposing the existence of a divine commander. Other things being equal, ontological simplicity favors the ideal observer theory. (shrink)

I reply to criticisms of the divine command theory with an eye to noting the relation of ethics to an ontological ground. The criticisms include: the theory makes the standard of right and wrong arbitrary, it traps the defender of the theory in a vicious circle, it violates moral autonomy, it is a relic of our early deontological state of moral development. I then suggest how Henry Veatch's view of good as an ontological feature of the world provides a (...) context in which the divine command theory can be reasonably justified. (shrink)

This article argues that Clauberg defends the theory of concurrentism concerning the relationship between divine and secondary causality. It does so by examining Clauberg's theory of corporeal causation in light of his doctrines of cause in general and of corporeal substance. Clauberg's work represents one of the first attempts to reconcile Cartesian physics with the traditional doctrine in theology, according to which both God and created substances are true and immediate causes of all natural effects, in opposition to the (...) occasionalist trend which would soon develop in the Cartesian school as well as to the conservationist alternative of Durand de Saint-Pourçain. -/- Cet article soutient que Clauberg défend la théorie du concurrentisme sur la relation entre la causalité divine et la causalité seconde. Il le fait en examinant la théorie de la causalité corporelle de Clauberg à la lumière de ses doctrines de la cause en général et de la substance corporelle. L'œuvre de Clauberg représente l’une des premières tentatives de réconcilier la physique cartésienne avec la doctrine théologique traditionelle, selon laquelle Dieu et les substances créées sont des causes vrais et immédiates de tout effet naturel, en opposition au courant occasionnaliste qui se développera bientôt dans l'école cartésienne ainsi qu'à l'alternative conservationniste de Durand de Saint-Pourçain. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light (...) on how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of natural law, ultimately giving (...) rise to the Aristotelian "mixed form of government" and laying the groundwork for republicanism. In extending this inquiry, I attempt to identify a parallel argument in ancient Iran, investigating the presence of natural law and its impact on the political landscape. The concept of natural law, emphasizing the alignment of social and political affairs with nature's rules, played a significant role in shaping the Indo-Iranian communities. The Sanskrit term rta and its Avestan equivalent, Aša, denote this foundational concept. However, the ascendancy of Zoroastrianism and its new theology led to the consolidation of all Indo-Iranian gods into the singular omnipotent deity, Ahura Mazdā. Ahura Mazdā, along with its prophet Zaraθuštra, possessed the authority to govern both earthly life and the afterlife. The exclusive attributes of Ahu and Ratu empowered God and its messenger to formulate and enact laws ensuring a place in heaven. Consequently, Divine Law and positive law became intricately intertwined within a unified legal framework. This divine law, sanctioned by God and enforced by the King, diverges from the Greek perspective, particularly that of Aristotle, where tyranny is seen as a deviation from the ideal political order. In the Iranian context, tyranny is synonymous with God's representation, sharing the holiness and regal attributes of a King, who, in the Iranian and Avestan sense, enjoys God's blessing as Xvarənah or Faer-e Izadi. The intertwining of law and authority of the King precludes the possibility of an independent legal sovereignty apart from the King’s authority. The monotheistic tenets of Zaraθuštra’s religion, officially established in the 4th century AD as the Religion of the State, solidify this integrated system. Consequently, the coexistence of republicanism or any mixed form of government within Iran becomes unattainable under the influence of this monotheistic doctrine. (shrink)

I present a novel objection to fine-tuning arguments for God's existence. On any values of the physical constants, the psychophysical laws could be set to permit intelligent and happy beings, so the specific values of the physical constants in our world provide little evidence for God's existence. For example, even if the physical constants didn't allow carbon or any atoms larger than hydrogen, the psychophysical laws could be set so that charge is sufficient to realize romantic desire. Then every hydrogen (...) atom would be a proton and electron in love. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

Although the free-will reply to divine hiddenness is often associated with Kant, the argument typically presented in the literature is not the strongest Kantian response. Kant’s central claim is not that knowledge of God would preclude the possibility of transgression, but rather that it would preclude one’s viewing adherence to the moral law as a genuine sacrifice of self-interest. After explaining why the Kantian reply to hiddenness is superior to standard formulations, I argue that, despite Kant’s general skepticism about (...) theodicy, his insights pertaining to hiddenness also provide the foundation for a new theodicy that merits serious attention. (shrink)

In the Prolegomena to De Jure Belli ac Pacis, Hugo Grotius expounds his theory of natural law by way of reply to a skeptical challenge from the Greek Academic Carneades. Though this dialectical context is undeniably important for understanding Grotian natural law, commentators disagree about the substance of Carneades’s challenge. This paper aims to give a definitive reading of Carneades’s skeptical argument, and, by reconstructing Grotius’s reply, to settle some longstanding debates about Grotius’s conception of natural law. I argue that (...) Grotius held a Stoic view of natural law, endorsing both the doctrine of eudaimonism and the claim that moral obligations are natural, not grounded in divine command. Consequently, Grotius’s view of natural law has more continuity with pre-modern, indeed ancient, morality than is usually supposed. However, I argue that we can still understand Grotius as a founder of modern moral philosophy. (shrink)

This paper aims at clarifying the role which the concept of 'divine sovereignty ' plays in the discussions which are taking place among Islamic thinkers (and others) concerning the possibility of democracy in an Islamic context. It argues that 'sovereignty ' has at least two meanings, one 'f'actual', the other 'normative'. The paper also argues that the second sense of 'sovereignty ' allows us to construe ta!k o{ 'divine sovereignty' as an attempt by Islamic thinkers to go beyond (...) the merely procedural views of democracy which focus on the familiar procedures o( power contestation, election and accountability. (shrink)

Renaissance philosopher, mathematician, and theologian Nicholas of Cusa (1401-1464) said that there is no proportion between the finite mind and the infinite. He is fond of saying reason cannot fully comprehend the infinite. That our best hope for attaining a vision and understanding of infinite things is by mathematics and by the use of contemplating symbols, which help us grasp "the absolute infinite". By the late 19th century, there is a decisive intervention in mathematics and its philosophy: the philosophical mathematician (...) Georg Cantor (1845-1918) says that between the realm of the finite and the absolute infinite, there is an intermediate realm partaking in properties in a certain sense of both the finite and the infinite: the transfinite realm. Like the finite, the transfinite realm is a realm of mathematical objects, numbers, and knowledge. Like the absolute infinite, the transfinite is a form of infinity insofar as transfinite sets and numbers transcend any finite number. Echoing Cusanus and neo-Platonism, Cantor says that the transfinite sequence of all ordinals is a symbol of the absolutely infinite, that is, God. This paper considers how the doctrine of symbolism and the philosophers' different commitments to the laws of logic, especially the Law of Non-Contradiction (LNC), enables these thinkers to articulate a transcendental apophatic approach to divinity. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law as (...) the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

Short, critical review of John Foster's book *The Divine Lawmaker*.

Divine violence, an idea set out in Walter Benjamin’s early essay “Critique of Violence,” is violence undertaken by a sovereign individual, a strike at power, an attempt at the dissolution of the law in favor of justice, a decision that reaffirms the sovereignty of the self against the coercive violence of the law. In order to understand the category of “divine violence,” it is critical to understand the other kinds of violence that Benjamin discusses in the essay.

Are the laws of nature among the eternal truths that, according to Descartes, are created by God? The basis of those laws is the immutability of the divine will, which is not an eternal truth, but a divine attribute. On the other hand, the realization of those laws, and in particular, the quantitative consequences to be drawn from them, depend upon the eternal truths insofar as those truths include the foundations of geometry and arithmetic.

Renaissance philosopher, mathematician, and theologian Nicholas of Cusa (1401-1464) said that there is no proportion between the finite mind and the infinite. He is fond of saying reason cannot fully comprehend the infinite. That our best hope for attaining a vision and understanding of infinite things is by mathematics and by the use of contemplating symbols, which help us grasp "the absolute infinite". By the late 19th century, there is a decisive intervention in mathematics and its philosophy: the philosophical mathematician (...) Georg Cantor (1845-1918) says that between the realm of the finite and the absolute infinite, there is an intermediate realm partaking in properties in a certain sense of both the finite and the infinite: the transfinite realm. Like the finite, the transfinite realm is a realm of mathematical objects, numbers, and knowledge. Like the absolute infinite, the transfinite is a form of infinity insofar as transfinite sets and numbers transcend any finite number. Echoing Cusanus and neo-Platonism, Cantor says that the transfinite sequence of all ordinals is a symbol of the absolutely infinite, that is, God. Moreover, Cantor envisioned his transfinite set theory (Mengenlehre) as providing the analytical methods and techniques necessary for a comprehensive, organic, non-reductive description of nature, a Naturphilosophie. Thus Cantor’s novel mathematics is presented as part of a long tradition, to which Cusanus, Bruno, Spinoza, Leibniz and others belong, in which the infinity and infinite character of organic life forms is appreciated, and is in some sense a mirror or symbol of the divine. The doctrine of symbolism and their different approach to the laws of logic present in both the work of Cusanus and Cantor enables these thinkers to articulate a transcendental apophatic approach to divinity. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...) speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

Fārābī's legal theory, which is among his views in civil wisdom, consists of three things: foundation, source, and purpose. The foundations of Abu Nasr al-Fārābī's virtuous law is natural law, which is compatible with the objectives of Islamic Law. Furthermore, the source of the existing laws in the virtuous city, which is codified by the first ruler, is the divine revelation and tradition. Some divine traditions or natural laws are understood by common sense, and some others, which are (...) hidden from the understanding of the majority, are inspired by revelation to the first ruler of virtuous city, or the first ruler understands them by using his acquired intellect. The aim of the first ruler, which is also the aim of the laws of virtuous city, is the happiness. The problem of this study is to investigate and explain these three things (foundation, source, and purpose) with descriptive-analytical method, which can be considered as the theory of virtuous law, which is the same as Fārābī's legal theory. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s messianic (...) utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We (...) need to reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between (...) law and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

In presenting self-preservation as the most general law of nature, set at the summit of the structure of the natural world, Francis Bacon characterized the universal appe- tite for self-preservation as an innate instinct which, in the case of living beings, is primarily associated with the emotion of fear. Bacon’s philosophy offers several tech- niques of self-care to manage the fear of accidents of fortune from which the existence and well-being of the self is under constant threat. This article reconstructs (...) Bacon’s treatment of divinatory arts and their contributions to self-care. We will explore how he adopts traditional divinatory arts and reforms them: oneirocritics, physiognomy, and astrology. We will contend that Bacon’s approach to divinatory arts as techniques for self-care and the management of fortune shows some salient points shared with his natural philosophy: in both cases, the approach is hermeneutical, with the goal of exerting human power. With regard both to nature and to fortune, however, our power to modify the state of things extends only so far. The range of decisions we can make is not unlimited but encompasses only what is “in our power,” that is, what depends on us. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule (...) as a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

In this chapter, I discuss Locke’s contributions to moral psychology. I begin by examining how we acquire moral ideas, according to Locke. Next, I ask what explains why we act morally. I address this question by showing how Locke reconciles hedonist views concerning moral motivation with his commitment to divine law theory. Then I turn to Shaftesbury’s criticism that Locke’s moral view is a self-interested moral theory that undermines virtue. In response to the criticism I draw attention to Locke’s (...) Christian conception of virtue. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on average are (...) doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

This article gives a brief history of chance in the Christian tradition, from casting lots in the Hebrew Bible to the discovery of laws of chance in the modern period. I first discuss the deep-seated skepticism towards chance in Christian thought, as shown in the work of Augustine, Aquinas, and Calvin. The article then describes the revolution in our understanding of chance—when contemporary concepts such as probability and risk emerged—that occurred a century after Calvin. The modern ability to quantify chance (...) has transformed ideas about the universe and human nature, separating Christians today from their predecessors, but has received little attention by Christian historians and theologians. (shrink)

I discuss the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one, more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured (...) by consequentialist opponents for polemical purposes, which she seems to endorse even though it is an image manufactured by the same writers she choose as a polemical target; d) the difficulty to identify the "relevant descriptions" of acts is not an argument in favor of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is precisely a response to difficulties raised by the case of judgment concerning future action, a case for which Anscombe herself has nothing better to offer. (shrink)

Miracles are commonly understood in the way David Hume defined them: as violations of the laws of nature. I argue, however, that the conjunction of Hume’s definition with a neo-Humean view of the laws of nature yields objectionable consequences. In particular, the two jointly imply that some miracles are logically impossible. A better way of thinking about miracles, I suggest, is on a neo-Aristotelian metaphysics. On that view, the laws of nature contain built-in ceteris paribus clauses that allow for the (...) possibility of external influences in the natural world. Miracles, understood as instances of external, divine influence, would therefore neither violate the laws of nature nor be instances of those laws. In this respect, neo-Aristotelians have an advantage over neo-Humeans in providing a coherent account of miracles. (shrink)

Abstract: Under traditional Jewish Law (halacha), assessment of human reproductive cloning (HRC) has been formulated along four lines of inquiry, which I discussed in Part I of this paper. Therein I also analyze five relevant doctrines of Talmudic Law, concluding that under with a risk-benefit analysis HRC fails to fulfill the obligation ‘to be fruitful and multiply’ and should be strictly prohibited. Here, I review of the topic from an exigetical Biblical and Kabbalistic perspective, beginning with exploring comments of the (...) Ramban (Nachmanides) which suggest Kabbalistic insights very much in keeping with current biology. In this Part II of the paper, I expand and annotate statements of the Ramban on the interrelationship of the reproductive faculties of an organism and its soul by examining the development of the spiritual states of plant, animal and human and noting the commensurate evolution with its reproductive facilities. Speculating that the reproductive mechanism of each species is indelibly related to its soul-state, I suggest that interfering with human sexual reproduction by HRC has the same effect the Ramban argues is the result of Kilayim (interbreeding), i.e., wrecking havoc with the Universe. In Part III, I postulate a biologic explanation for warnings found in the Golemic Literature and suggest that these allude to the importance of maintaining human genetic diversity through sexual reproduction. The conclusions I reached after evaluating the propriety of HRC under a Kabbalistic/metaphysical index comports with those I reached using a traditional legal /halachic inquiry in Part I. Thus, both systems arrive at the conclusion that HRC is in violation of the divine and natural order and constitute a distinct biological threat to the survival of the human species, a conclusions in accord with current scientific thinking. (shrink)

The following article reconstructs Plato’s argument for the existence of god in Laws X. The article starts with interpreting the argument for the priority of soul and continues with a discussion of the argumentation for rationality of the soul in charge of heavens . The view defended here is that Plato first defines the essential characteristics of the divine, namely self-motion and rationality, and then shows that there are entities which possess these characteristics and therefore deserve to be called (...) gods or divine. The article further shows that several sub-arguments mirror the structure of the overall proof. (shrink)

James Doyle’s book is provocative and timely. It is an important contribution to the current wave of Anscombe scholarship, and it offers valuable insights into general metaethical ques­tions, such as: In what senses might morality be “unintelligible”? Or: To what extent does a divine law ethics rest on practical reason? Here, I do not want to summarize the many ad­mirable features of Doyle’s book. I will instead focus on his two main theses, of which I re­main unconvinced.

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous to Badiou's void and (...) it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to (...) Conklin, is the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

In the last few years, a new paradigm of the knowledge of the divinity in Aristotle has emerged, affording the possibility of understanding him as efficient cause. In that case, if God is efficient cause and gives rise to teleology, this must have some existential significance for man. We can ask ourselves therefore whether the knowledge of metaphysics can offer some orientation also for ethics. Yet if this were true, the need would arise to deepen the question of how much (...) the gods love men and what would the nature of their relationship be to natural justice. Given that man is born and lives thanks to the divinity, the conclusion is that two consequences follow: a response of religious thanksgiving is needed but also, that since the will of the divinity desires the good for man, the human search for happiness is the same as the fulfillment of the divine law. All this is explained, to a certain extent, in the context of the friendship between man and the divine. (shrink)

Anscombe counsels us to dispense with those moral concepts that presuppose a divine law conception of ethics, among which she numbers the concepts of “moral obligation and moral duty, […] of what is morally right and wrong, and of the moral sense of ‘ought’.” Schopenhauer made a similar point more than a century earlier, though his critique implicates a narrower range of concepts. Through reflection on his accounts of right and wrong and of duty and obligation, this chapter attempts (...) to show that we can dispense with the imperative in ethics while retaining these notions, thus preserving a distinctively modern conception of morality. (shrink)

The purpose of this article is to present the influence of Plotinus' thought on the political philosophy of the Roman Emperor Julian, between the years 361 to 363. The methodology consists of selecting excerpts from the works of Juliano Misopogon and Cartas y Fragmentos that may indicate the influence of the ideas of Plotinus' Ennead in the speech given by the Emperor to legitimize his political power. Juliano argues that the laws of the empire were created by the gods for (...) the organization of human life, so that obedience to the gods necessarily requires an obedience to those laws. According to Juliano, knowledge or episteme about the laws of empire is conditioned to the escape from sensible reality in the name of spiritual reality, in which the wise ruler also needs to transcend the body to know and obey divine laws. Thus, after analyzing Juliano's arguments, we seek to reflect on the viability of the political system adopted by him, especially if the reception of his ideas by rulers from the 20th century onwards is considered. (shrink)

The article concerns the distinction between a "plea of religion" and a religion revealed to the prophets, described in Spinoza's A Theologico-Political Treatise. The "plea of religion" was created as a result of acceptance of the roles of the employer and leader of Israel by Moses and was next consolidatetd as a way of experiencing the sacrum in the Judeo-Christianity.

n ‘Modern Moral Philosophy’ Anscombe argues that the moral ‘ought’ should be abandoned as the senseless survivor from a defunct conceptual scheme. I argue 1) That even if the moral ‘ought’ derives its meaning from a Divine Law conception of ethics it does not follow that it cannot sensibly survive the Death of God. 2) That anyway Anscombe is mistaken since ancestors of the emphatic moral ‘ought’ predate the system of Christian Divine Law from which the moral ‘ought’ (...) supposedly derives its meaning (Cicero in particular subscribed to something like the modern conception of a duty which seems to be a generalization of the duties attendant on particular roles). 3) That if the moral ‘ought’ derived its meaning from embodying Gods’ commands then the two should have been equated in the minds of true believers. This was not the case. 4) That Anscombe is absurdly wrong in supposing that Protestant moralists had abandoned a Divine Law conception of ethics. 5) That the virtue-based ought-free Aristotelian alternative suggested by Anscombe is unworkable since the basic idea is that it pays in terms of human flourishing to be good (which means inter alia being just). Since it is pretty obvious that there are plenty of good people who don’t flourish and flourishing people who are not good, the neo-Aristotelian program has gradually undergone a degenerating problem-shift: either the pay-off is deferred to the hereafter or being good is incorporated into the pay-off. 6) That there is a certain amount of sophistry in selling the neo-Aristotelian virtues. Since the unjust person is simply somebody who is NOT systematically just, you cannot prove that it pays to be just by arguing that it is a mistake to be systematically UNjust. So too for many of the other virtues. (shrink)

In her book Experience Embodied Anik Waldow devotes a chapter to “Locke’s Experimental Persons.” Her chapter aims to show how Locke’s views on persons, personal identity, and moral agency in his Essay concerning Human Understanding build on his esteem-based approach to education that he develops in Some Thoughts concerning Education. After outlining main contributions that Waldow makes in her chapter, I turn to three issues that in my view deserve further consideration. First, I draw attention to the question of how (...) Locke’s esteem-based education can be reconciled with his moral views in the Essay. I propose that the question of how children become persons or moral agents who see their actions bound by divine law is worth examining with more detail. Second, I contrast Waldow’s interpretation of what a Lockean action is with an alternative interpretation and show that this has implications for how we understand the role of consciousness in Locke’s account of persons and personal identity. Third, I take a closer look at Waldow’s view that consciousness has an epistemic function in Locke’s account of persons and personal identity and highlight advantages of also acknowledging a metaphysical function of consciousness. (shrink)

The German text of Cohen’s Spinoza on State & Religion, Judaism & Christianity (Spinoza über Staat und Religion, Judentum und Christentum) first appeared in 1915 in the Jahrbuch für jüdische Geschichte und Literatur. Two years before, in the winter of 1913, Cohen taught a class and a seminar on Spinoza’s Theological-Political Treatise at the Hochschule für die Wissenschaft des Judentums. This was Cohen’s first semester at the Hochschule, after retiring from more than thirty years of teaching at the University of (...) Marburg. Cohen’s fame at the time was at its zenith, and his move to the Hochschule was a cause for celebration and excitement. According to the testimony of some students who attended the Tractatus Theologico-Politicus seminar, Cohen left no place for any expression of dissent (regrettably, the academy frequently encourages such authoritarian behavior). The text of Spinoza on State, which was the product of this seminar, still bears the marks of this “didactic” attitude. It is bombastic and feebly argued. Thus, in one moment of emotional crescendo in the text, we can literally hear Cohen shout: When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voices rises in protest against this humanly incomprehensible betrayal. Such patriotic rhetoric is quite typical of Cohen’s Spinoza on State, as the work reads more like a series of rants against the devil incarnated (“the demonic spirit of Spinoza”) in the figure of the traitor from Amsterdam than like a sustained and serious philosophical polemic. From time to time, one can observe hints of critical arguments, but hardly any are fleshed out. The text is also replete with rudimentary factual and interpretative errors. Thus, when Cohen argues that Spinoza traces his pantheism to Jewish sources, Cohen erroneously cites Spinoza’s reference in E2p7s to “some of the Hebrews [quidam Hebraeorum]” who argued for the identity of Sekhel, Maskil, and Muskal (the Intellect, the Intellecting Subject, and the Intellected Object) – a Maimonidean doctrine that has nothing to do with pantheism – while the text Cohen clearly had in mind was Spinoza’s claim, in Letter 73, that the traditions (traditionibus) of the “ancient Hebrews [antiquis Hebraeis]” agree with Spinoza’s claim that “all things are in God.” Similarly, and on the very same page, Cohen ascribes to Spinoza the claim that “the God of the Old Testament is only a body,” a claim which is nowhere to be found in Spinoza’s works, and which can be inferred from Spinoza’s text only through a patent fallacy. If I may add one last example, consider the following passage from Cohen’s Spinoza on State: [For Spinoza] divine law is grounded in our mind. Yet this does not mean that our mind bears responsibility for producing and obeying the law. Instead, it means that, by definition, the human mind and God are identical, inasmuch as He exists in the human mind. Hardly any claim in this brief passage is correct. Yet, what is most striking is Cohen’s derivation of the identity of God and the human mind from the claim that God exists in the human mind. If I exist in North America, this obviously does not imply that I am identical to North America (there are, for example, a couple of North American porcupines and alligators that are distinct from me). What rule of inference Cohen sought to employ in this argument, and how this impressive inference of the identity of God and the human mind is supposed to square with Cohen’s view of Spinoza as a pantheist – i.e., as considering the physical nature to be divine – is beyond my grasp. Instead of tracking down the dozens of crude errors and fallacies in Cohen’s text, I would like to concentrate here on one crucial issue: Cohen’s critique of Spinoza’s pantheism. By doing this, I will have to pass silently over a couple of surprising agreements between the two figures, such as the (false) claim that all of the prophets of the Hebrew Bible taught the same universal and simple morality. My discussion of pantheism will be divided into two sections. In the first, I will examine Cohen’s understanding of Spinoza’s pantheism. In the second, I will briefly examine the historical validity of Cohen’s claim that pantheism is a Christian doctrine, diametrically opposed to Judaism. (shrink)

A number of recent writers have expressed scepticism about the viability of a specifically moral concept of obligation, and some of the considerations offered have been interesting and persuasive. This is a scepticism that has its roots in Nietzsche, even if he is mentioned only rather rarely in the debate. More proximately, the scepticism in question receives seminal expression in Elizabeth Anscombe's 1958 essay, ‘Modern Moral Philosophy’, a piece that is often paid lip-service to, but—like Nietzsche's work—has only rarely been (...) taken seriously by those wishing to defend the conception of obligation under attack. This is regrettable. Anscombe's essay is powerful and direct, and it makes a forthright case for the claim that, in the absence of a divine law conception of ethics, any specifically moral concept of obligation must be redundant, and that the best that can be hoped for in a secular age is some sort of neo-Aristotelianism. Anscombe is right about this, we think. And, among those who disagree, one of the very few to have taken her on at all explicitly is Christine Korsgaard, whose Kantianism of course commits her to the view that the concept of moral obligation is central, with or without God. Here, we try to show that Korsgaard loses the argument. (shrink)