In this module I explore some the points of convergence between early Buddhist and Jain doctrine. Buddhism is a form of Consequentialism, as noted in our other modules. Jainism rather holds the distinct philosophical thesis: the essence of the self is virtue. Jainism is a version of Virtue Ethics. The implications of this radical Virtue Theory is that action is a confusion, and morality (dharma) is movement away from activity. In the fifth section, we shall wrap up with (...) observations in support of this argument: the primary virtue is not doing, for virtue is not the same as action, but our dispositions towards actions. We should, hence, strive to be virtuous, which amounts to being nonactive. (shrink)

As Acharya Vidyanand writes in the Foreword of Samayasara, it is the ultimate conscious reality. The enlightened soul has infinite glory. It has the innate ability to demolish the power of karmas, both auspicious as well as inauspicious, which constitute the cycle of births and deaths, and are an obstacle in the path of liberation of the soul. Samayasara is an essential reading for anyone who wishes to lead a purposeful and contented life. It provides irrefutable and lasting solutions to (...) all our problems, concerning worldly ways as well as spiritual curiosities and misgivings. (shrink)

The problem of determinism and free will has occupied the minds of human beings since time immemorial. Philosophers have dwelt on it at great length. The problem is alike for both those who support determinism and those who do not. From one side, it is argued that since all the actions are causally determined, the belief that we are free is an illusion; from the other side, it is argued that since we know that we are free, universal determinism is (...) false. Some others argue for both – truth of determinism as well as that of free will but then the question of morality is left aside. The paper attempts to deal with the problem in the light of Jaina philosophy. It is further aggravated when one takes into account one of the central theme of Jaina philosophy – omniscience. Determinism then becomes a necessary corollary of the doctrine that there is a person who knows everything – past, present and future. But, if determinism is true, how does Jainism account for free will? What would be the Jaina position when one talks of moral obligation / responsibility? Is the Jaina position on determinism absolutistic or non-absolutistic? If it is absolutistic, then how does it affect anekāntavāda? The paper seeks to address these issues with some plausible solutions. (shrink)

This chapter aims to examine parallels between two ancient Indian philosophical schools, Jaina (Jainism) of Mahāvīra and Ajñāna (Unending Agnosticism) of Sañjaya Belaṭṭhiputta. Jaina and Ajñāna traditions were a part of the Non-Vedic larger Śramaṇa movement of seventh to sixth-century BCE India, where Śramaṇa were monastics, who dwelled in forests and lived a retired life, focussing themselves in the search of discovering the knowledge of truth, reality and existence. Sañjaya and Mahāvīra were contemporaries and were a prominent and well-known (...) Śramaṇa of their time. The chapter is broadly divided into two parts, with two sections each. The first part aims to discuss Sañjaya’s ajñānavāda (epistemological method) and Mahāvīra’s doctrine of anekāntavāda (metaphysical pluralism) and saptabhanginaya (sevenfold predication). The second part aims to explore the logical relationship and similarities between ajñānavāda and anekāntavāda and its metaphysical consequences, and conclusively the major part of the paper will discuss the claim first made by the German Jaina scholar Hermann Jacobi, about the possible influence that Sañjaya’s ajñānavāda had on the establishment of Mahāvīra’s anekāntavāda. In brief, the chapter intends to present and discuss the contemporary scholarship claims on Sañjaya and his possible influence it had on the development of the Jaina thought. (shrink)

Acarya Samantabhadra’s Svayambhustotra (2nd century CE) is a fine composition in Sanskrit dedicated to the adoration of the Twenty-four Tîrthankara, the Most Worshipful Supreme Beings. Acarya Samantabhadra was one of the most impelling proponents of the Jaina doctrine of anekantavada, a philosophical system which maintains that reality has multifarious aspects and that a complete apprehension of it must necessarily take into account all these aspects. Non-appreciation of this jewel of Jainism has caused the other philosophical systems fall into the (...) trap of one-sided, incomplete, and unsustainable dogmas that fail to explain the Truth. Through its 143 verses Svayambhustotra not only enriches reader’s devotion, knowledge, and conduct but also frees his mind from blind faith and superstitions. Rid of ignorance and established firmly in right faith, the reader’s mind experiences ineffable tranquility and equanimity. As proclaimed by Acarya 108 Vidyanand Muni, Svayambhustotra is an essential reading for all – ascetics and laymen. (shrink)

I claim that a relatively new position in philosophy of mathematics, pluralism, overlaps in striking ways with the much older Jain doctrine of anekantavada and the associated doctrines of nyayavada and syadvada. I first outline the pluralist position, following this with a sketch of the Jain doctrine of anekantavada. I then note the srrong points of overlaps and the morals of this comparison of pluralism and anekantavada.

Prophets and Their Teachings on the Universal Law of Balance in Nature -/- Throughout history, prophets and spiritual teachers from major religions have conveyed divine wisdom about the fundamental principles that govern human life and the natural world. One of the most essential and recurring themes in their teachings is balance—both within the self and in the universe. The idea of balance in nature is not just a scientific or philosophical concept; it is deeply embedded in religious teachings, where it (...) is often associated with justice, harmony, and divine wisdom. -/- This essay explores how the teachings of various prophets and religious figures align with the universal law of balance in nature, emphasizing how their guidance promotes equilibrium in human behavior, society, and the environment. -/- The Concept of Universal Balance in Religious Teachings -/- The universal law of balance in nature suggests that all aspects of existence are governed by equilibrium. When balance is maintained, harmony and sustainability prevail, but when it is disrupted, chaos and suffering follow. This idea is reflected in the teachings of prophets from different traditions, who have warned against excesses and guided humanity toward a balanced way of living. -/- 1. Prophet Muhammad and the Principle of Moderation (Islam) -/- In Islam, Prophet Muhammad (peace be upon him) emphasized the importance of balance in all aspects of life. The Quran states: -/- “Thus, We have made you a just community that you will be witnesses over the people.” (Quran 2:143) -/- This verse highlights the concept of a “middle path,” where believers are encouraged to avoid extremes in wealth, worship, and personal conduct. -/- Examples of Balance in Islam -/- Balance in Worship and Life Responsibilities: The Prophet discouraged excessive asceticism, saying, “Your body has a right over you, your family has a right over you, and your Lord has a right over you.” This means a person should not neglect their health or family in pursuit of religious devotion. -/- Balance in Economic Justice: Islam encourages wealth accumulation through lawful means but commands the wealthy to share with the poor through Zakat (charity) to prevent economic inequality. -/- Balance in Environmental Stewardship: The Prophet encouraged conservation, advising not to waste water even when performing ablution next to a river. -/- 2. Jesus Christ and the Balance Between Justice and Mercy (Christianity) -/- Jesus Christ (peace be upon him) taught about maintaining balance between justice and compassion. He emphasized love, forgiveness, and righteousness while also upholding moral responsibility. -/- Examples of Balance in Christianity -/- Balance in Judgment: Jesus upheld moral laws but also demonstrated compassion. When a woman was accused of adultery, he said, “Let he who is without sin cast the first stone.” (John 8:7). This shows the balance between enforcing justice and offering mercy. -/- Balance Between Wealth and Spirituality: Jesus taught that wealth should not dominate one’s heart. “It is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of God." (Matthew 19:24). However, he did not reject wealth outright but taught that it must be used for good. -/- Balance in Love and Discipline: Jesus preached love but also emphasized accountability, reminding people that forgiveness does not mean the absence of justice. -/- 3. The Teachings of the Buddha on the Middle Way (Buddhism) -/- Although not considered a prophet in the Abrahamic sense, Siddhartha Gautama, known as the Buddha, emphasized balance through the doctrine of the Middle Way. This principle teaches that neither extreme asceticism nor indulgence leads to enlightenment; rather, a path of moderation brings harmony. -/- Examples of Balance in Buddhism -/- Balance in Desires: Before attaining enlightenment, the Buddha experienced both extreme luxury as a prince and extreme asceticism as a monk. Realizing both were harmful, he taught the Middle Way: living with neither indulgence nor deprivation. -/- Balance in Emotions: Buddhist teachings emphasize equanimity—staying balanced in both joy and suffering. This aligns with the law of nature, where all things are impermanent, and excessive attachment or aversion leads to suffering. -/- 4. Moses and the Laws of Justice and Order (Judaism) -/- Prophet Moses (peace be upon him) delivered divine laws that established balance in society. The Ten Commandments, given to guide human behavior, promote justice, honesty, and moral integrity. -/- Examples of Balance in Judaism -/- Balance in Law and Mercy: The principle of “an eye for an eye” (Exodus 21:24) is often misunderstood, but it fundamentally conveys the idea of proportionate justice—a principle that maintains societal balance. -/- Balance in Leadership: Moses was a strong leader but also a humble servant of God, showing that true leadership requires both authority and compassion. -/- Balance in Sabbath Observance: Judaism teaches that work is important, but rest and worship are equally necessary. The Sabbath (Shabbat) is a day of rest to maintain a balance between labor and spiritual rejuvenation. -/- 5. Laozi and the Taoist Concept of Yin and Yang (Taoism) -/- Laozi, the founder of Taoism, introduced the idea of Tao (the Way), which emphasizes balance in nature. His teachings focus on the Yin-Yang principle, where opposite forces (light and dark, strong and weak) are interconnected and necessary for harmony. -/- Examples of Balance in Taoism -/- Balance in Nature: Taoist philosophy teaches that trying to force control over nature disrupts harmony. For example, excessive deforestation leads to climate imbalance. -/- Balance in Leadership: Laozi emphasized wu wei—non-interference—where leaders should guide rather than control. This reflects the balance between action and patience in governance. -/- 6. Hinduism and the Concept of Dharma (Hinduism) -/- Hinduism emphasizes Dharma, which means duty, righteousness, and balance in life. The Bhagavad Gita teaches that every individual has a duty to maintain harmony in their personal and social life. -/- Examples of Balance in Hinduism -/- Balance in Life Stages (Ashramas): Hindu philosophy divides life into four stages—student life, householder life, hermit life, and renunciation—each stage balancing material and spiritual responsibilities. -/- Balance in Karma: The law of karma teaches that actions have consequences, emphasizing that ethical balance must be maintained to achieve spiritual liberation (moksha). -/- Balance in Diet and Health: Ayurveda, the traditional Hindu system of medicine, promotes Sattvic (pure) food and a balanced lifestyle for physical and mental well-being. -/- Modern Implications of the Universal Law of Balance -/- The teachings of these prophets and religious traditions demonstrate that balance is not only a natural law but also a moral and social necessity. -/- 1. Environmental Balance -/- Islamic teachings on conservation: Islam encourages environmental responsibility through teachings on sustainable living. -/- Christian teachings on stewardship: The Bible commands humans to care for God’s creation. -/- Hindu respect for nature: Rivers, mountains, and forests are considered sacred. -/- 2. Social and Economic Balance -/- Confucianism’s Social Harmony: Confucius emphasized that rulers must ensure economic balance by promoting fairness. -/- Islamic Finance: Islamic principles prohibit exploitative interest (riba) to prevent economic imbalance. -/- Buddhist Mindful Economics: Encourages reducing greed and promoting ethical business practices. -/- 3. Inner Balance and Mental Well-being -/- Jainism’s Ahimsa (Non-Violence): Jain teachings emphasize inner peace by avoiding harmful emotions like anger and greed. -/- Christianity’s Peace Teachings: Jesus taught that true peace comes from within, encouraging people to find balance between worldly duties and spiritual fulfillment. -/- Conclusion -/- The universal law of balance in nature is deeply embedded in the teachings of major religious traditions. Whether it is Islam’s call for moderation, Christianity’s balance between justice and mercy, Buddhism’s Middle Way, Hinduism’s Dharma, or Taoism’s Yin and Yang, all these teachings highlight the importance of equilibrium in life. -/- By applying these timeless principles, humanity can create a more just, sustainable, and harmonious world. -/- . (shrink)

Normative ethics concerns the practical resolution of questions about the right and the good. Applied ethics concerns the case-based resolution of questions of the right and the good. In this module, we look at the implications of the radical Virtue Theory of Jainism for practical questions, such as life decisions, occupations, and diet –-- questions of normative and applied ethics. The Jain position is that the self is defined by virtue, and hence action (karma) is derivative and not essential (...) to the self. This entails an ethics of ahiṃsā, as action in conformity to the virtues of the self. As only action can harm, the virtue of the individual is beyond harm and hence action in accordance with this virtue is nonharmful. I consider how this impacts questions of guilt and responsibility. Unlike Buddhists who treat states of the world as the outcomes that justify actions, Jains treat the virtue of the self as the guiding outcome of ethical deliberation. It is the ultimate good. In the fourth section, I review a classic disagreement between Jains and Buddhists. This highlights a difference: while Buddhists regard virtue to be a consequence to be maximised, the Jains reject this. Virtue is our essence, and the authentic life reflects our virtue. (shrink)

In the Doctrine of Virtue, Kant develops an elaborate virtue ethics grounded in two ends that are also duties: our own perfection and the happiness of others. Kant says apparently inconsistent things about the nature of these duties, however, leaving ambiguous precisely what the demands of Kantian virtue are. In the Doctrine of Virtue, Kant says that duties of virtue govern only our freedom to set ends, not our freedom of action; that such duties are not coercively enforceable; and that (...) there are only two of them. Yet in the Doctrine of Elements, Kant seems to contradict all these commitments by positing numerous additional duties of virtue, at least some of which (such as duties against suicide or excessive drinking) look to be coercively enforceable constraints on actions. In this paper I develop a cohesive account of Kant’s virtue ethics that reconciles these apparent contradictions. We should take Kant at his word, I argue, when he says that there are only two duties of virtue and that those duties exclusively constrain our internal freedom to set ends. Adopting the ends of virtue, however, involves cultivating a continuous and principled commitment to our own perfection and the happiness of others. The duties Kant describes in the Elements are intended to illustrate what subsidiary commitments would be entailed by a true commitment to the two required ends of virtue. They are not normatively independent duties, however, nor (contrary to appearances) are they coercively enforceable constraints on action. (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)

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.

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)

"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]".

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.

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)

This book attempts to contribute a historical and interpretive study of Descartes' epistemology. It provides a systematic and exhaustive clarification of the mysterious and puzzling doctrine of "clear and distinct perception" and illuminates the relationships between this doctrine and four other central notions: "truth," "metaphysical doubt," "(metaphysical) certainty," and "knowledge." -/- Roughly speaking, a clear and distinct perception is a pure understanding, an intellectual perception, or a mental intuition in which a purified and attending mind has a simple mental intuition (...) of a simple proposition or a necessary deduction (i.e., a complex mental intuition) from such simple propositions to a complex proposition. A simple proposition can be regarded as a necessary conjunction of simple ideas. Descartes' composition theory of ideas, which supposes that all ideas are composed of simple ideas, provides a crucial basis for clear and distinct perception. -/- Descartes' doctrine of clear and distinct perception is an attempt at mathematizing epistemology and is the main content of his new "method" (for truth and knowledge), which he sought throughout his life. -/- This book attempts to shape a new image of Descartes' epistemology. (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)

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)

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)

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)

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)

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)

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)

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)

This text should have been written by John Deely (1942–2017). But we all pass from this coil with our life’s work left unfinished—leaving thereby to others the choice of whether or not that work is continued. During our last conversation, knowing that his time in this life was limited, John expressed to me a wonder and a trepidation whether the human soul really is immortal. I repeated to him, in paraphrase, words he had once said in class: “It is an (...) experiment we all make, but only once.” He chuckled and said that’s true. -/- Reflecting at the distance of nearly seven years and having since oft-read C.S. Peirce’s brief essay, “Immortality in the Light of Synechism”, it occurs to me that the immortality of the individual soul is the wrong question, if we understand it strictly as materially individuated: for we are all of us sustained more by relationality than substantiality, by our common and shared intentionality, and though we may not know with certitude his final resting place, we do here—I hope—sustain something of the soul that belonged to John Deely. -/- I hope this doesn’t “go off the rails”. -/- All the contents are fully attributable to the author, Doctor Brian Kemple. Should you wish to get this text republished, get in touch with the author or the editorial committee of the Studia Poinsotiana. Insofar as possible, we will be happy to broker your contact. -/- Studia Poinsotiana The first-ever peer-reviewed scholarly publishing venue offering an encyclopedic web of understanding concentrating on John of St. Thomas (Poinsot). (shrink)

In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced by her comprehensive doctrine. In (...) this paper I present two models of the relationship, which give contrasting answers to these questions, and defend the model that is more permissive with regard to the influence of comprehensive doctrines. This has important implications for our understanding of Rawlsian political liberalism, and reduces the force of objections that have been offered by theorists sympathetic to religion. (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)

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)

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)

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)

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)

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)

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)

The relationship between God and humans has been a matter of controversy that interests both philosophers and theologians alike. Establishing a relationship between the infinite God and finite human is particularly challenging if one admits that God and humans are substantially different from each other. The biblical doctrine of the image of God responds to this challenge by stating that the relationship between God and humans is a kind of likeness or assimilation. This doctrine does not only establish the nature (...) of the relationship between God and humans but also views both God's and humans’ nature in a particular way and determines humans’ purpose and distinguishing feature in relation to God. While there is a very long and extensive tradition focusing on identifying the similarities and differences between God and humans to determine the precise relationship between them in light of this doctrine, this paper will focus on Nicolaus Cusanus' original contribution to this long-lasting debate. In order to emphasize Cusanus' differences from his predecessors, I will present a general historical background of the doctrine of the image of God. In particular, I will point out the main tenets of Greek and Latin patristic traditions by identifying their differences and shared assumptions. Additionally, I will briefly present Augustine's dynamic account of the image of God, which holds an important place both in the discussion among these traditions and in the development of Cusanus' doctrine of the human mind as the living image of God. As this paper will demonstrate, Cusanus improves upon Augustine's account by allowing humans to be considered as an equal image of God, which was attributed only to Jesus by Augustine. Cusanus thinks that the human mind can be considered equal to the divine mind because it demonstrates characteristics of free creative activity and being the cause of something from nothing in cognition. Moreover, to elaborate Cusanus' original contribution to this debate, I will explain how the human mind reflects the triadic nature of divine mind in itself through its cognitive activity by giving a detailed account of Cusanus’ theory of cognition as assimilation. This explanation will also show how reading Cusanus' theory of cognition as assimilation alongside the concept of equality exhibits the principle of ‘identity in difference’ in both the nature of the human mind and its relationship with the divine mind. (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.

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)

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)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

In this article, we present a neo-Aristotelian formulation of the doctrine of the mean. We begin by describing the classical formulation of the doctrine by Aristotle, as presented in the Nicomachean Ethics. We also introduce the fundamental elements that govern the matrices of concepts (Franceschi 2002). We then propose a new formulation of the doctrine of the mean, directly derived from the very structure of the matrices of concepts. We also compare the present formulation of the doctrine of the mean (...) with that of Aristotle, highlighting the similarities and differences. We further offer an interpretation of the Aristotelian formulation of the doctrine of the mean. Finally, we demonstrate how the neo-Aristotelian version of the doctrine of the mean addresses several objections, particularly those traditionally raised against its Aristotelian version. (shrink)

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions of (...) ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

In the Centuries of Theology I.48–50, Maximus states that there are two kinds of works that belong to God: one which corresponds to beings having a temporal, finite beginning, and one which corresponds to perfections of beings which have no beginning and are therefore eternal. Maximus labels the latter as participated beings (ὄντα μεθεκτά) and the former as participating beings (ὄντα μετέχοντα), with God transcending both as their cause. The structure of God-as-cause, participated beings, and participating beings matches Proclus’ three-fold (...) structure of participation with the ontological categories of unparticipated, participated, and participating. While Maximus borrows the basic language and structure from Proclus, he makes certain minor but significant differences, particularly in how the participated beings both relate to their source in God and in their status of existence. This paper thus sets out to analyze I.48–50 in the general context of the Centuries of Theology, considering how Maximus conceives of the ontological distinctions between God and God’s works. A comparison with Proclus’ understanding of participation follows, particularly from Proclus’ Elements of Theology Prop. 23, which succinctly states the three-term distinction of participation. The resulting comparison shows that Proclus’ framework of participation is flattened for Maximus, where the participated works represent multiple properties distinct in kind from the unparticipated, while God fits analogously in the status of the unparticipated. The underlying ontology supports Maximus’ implicit denial that such participated entities represent distinct divinities, as they do for Proclus, while Maximus’ assertion of God’s transcendence is still secured with the ontological distinction between the participated works and their unparticipated cause. (shrink)