Post-Cartesian Occasionalism argues that the power of causing an effect depends on knowledge of the means by which the effect is produced. The argument is used to deny finite beings the power to act. Arnold Geulincx expresses this thesis in the principle Quod nescis quomodo fiat id non facis. Here, my purpose is to show that: 1. The philosophical problem that is at the origin of the principle Quod nescis quomodo fiat id non facis originates in (...) Galen’s De foetuum formatione, a work translated into Latin only in 1535. 2. Important works of early modern philosophy, such as Campanella’s Del senso delle cose e della magia, discuss Galen’s text. 3. Due to their rejection of teleology, Descartes’ physics and metaphysics are completely foreign to the Quod nescis principle. Comparing the Cartesian theory of animal-machines with the theory of animal behavior of Pierre Chanet, a philosopher who adopts the principle, confirms this claim. (shrink)

The physician Louis de La Forge built his entire work upon the promotion, defensce, and completion of Descartes’ thought. In the course of this endeavor, he sought to refute the notion that knowledge of the mechanisms of the living body is the necessary condition for producing such mechanisms. Around the same time, Arnold Geulincx formulated the principle Quod nescis quomodo fiat id non facis, according to which an effect can only be produced only by someone who knows how (...) it is produced. Geulincx developed this principle within a Cartesian framework, and it soon became a cornerstone of arguments supporting oOccasionalism from a Cartesian perspective. La Forge instead upheld the opposite thesis, yet still on the basis of ideas drawn from Cartesian philosophy. In doing so, La Forge intended to defend Descartes’ physiology against a form of vitalism which was fueling the opposition to Cartesian science in Parisian philosophical and scientific circles, and which found a prominent champion in the physician Cureau de La Chambre. (shrink)

I first explain the scholastic (Scotist) thesis on the independence of essences Bayle alludes to in the passage of the Continuation des Pensée Diverses where he presents the Stratonicians' and the Chinese philosophers' retorsion. Then, I show that this retorsion applies to the argument of the existence of God based on "aseity", but not to the occasionalist argument based on the "quod nescis" principle. I conclude that materialism (the "Stratonician hypothesis") cannot be, for Bayle, a satisfying system.

In this paper, I have been able to demonstrate that the so-called Lexicon Theeteti is an apographon of Pal. gr. 173, a well known Plato's manuscript of Xth century. The codex Laurentianus 57,24, which contains the lexicon, previously dated to XIV/XV century, was also backdated to the first half of XIVth century.

One of the singularities of Latin exegesis of Aristotle’s Sophistici elenchi, is that it arbitrarily brought together two families of fallacies, the «figure of speech» and the «accident», despite the fact that they are on either side of the divide between sophisms related to expression and sophisms independent of expression, a divide that lays at the heart of Aristotle’s taxonomy of sophistic arguments. What is behind this surprising identification? The talk is meant to show that it actually originates from a (...) curious mistake in Boethius’ translation of Aristotle’s Sophistici elenchi, 22, 178b 36-37 which radically transformed the nature of the argument at stake. While it was originally an example of the fallacies related to the «figure of speech», Boethius’ translation wrongly brings about two arguments instead of one, both related to the «accident». This explains why authors from the Latin tradition came to think that fallacies of «figure of speech» were linked to fallacies of «accident» closely enough to ask whether they actually fell outside expression, even though it does not at first glance appear that such a possibility was allowed or even suggested by Aristotle’s text. This odd question illustrates some of the remarkable features of the medieval archive and how some of its most peculiar problems came to be. It specifically allows us to reconstruct the mechanisms through which a minor disturbance in the letter of the text leads to a whole new way of organising its exegetical material. (shrink)

At the opening of Spinoza’s Ethics, we find the three celebrated definitions of substance, attribute, and God: E1d3: By substance I understand what is in itself and is conceived through itself, i.e., that whose concept does not require the concept of another thing, from which it must be formed [Per substantiam intelligo id quod in se est et per se concipitur; hoc est id cujus conceptus non indiget conceptu alterius rei, a quo formari debeat]. E1d4: By attribute I understand (...) what the intellect perceives of a substance, as constituting its essence [Per attributum intelligo id, quod intellectus de substantia percipit, tanquam ejusdem essentiam constituens]. E1d6: By God I understand a being absolutely infinite, that is, a substance consisting of an infinity of attributes, of which each one expresses an eternal and infinite essence We are accustomed to think of these paramount definitions as a fixed and settled formulation of the core of Spinoza’s metaphysics, but if we look at the development of Spinoza’s thought, the picture we get is quite different. In the early drafts of the Ethics and in his early works, Spinoza seems to have experimented with various conceptualizations of the relations between substance, attribute, and God. Some of Spinoza’s works make barely any use of the notions of substance and attribute, and the testimony of Spinoza’s letters suggests that, at a certain stage in his philosophical development, the concept of attribute may have been put on the back burner, if not completely dropped. Indeed, another closely related concept—accident [accidens]—was fated to be pulled out of the system (and for good reasons ). The final version of the Ethics makes hardly any use of this notion, but Spinoza’s letters show that in early drafts of the Ethics he used the term ‘accident’ to refer to what cannot be or be conceived without substance. In this paper I will attempt to provide a brief outline of the genealogy of Spinoza’s key metaphysical concepts. This genealogy, like any other, can help us to reexamine and reconsider what seems to us natural, stable and obvious. In the first part of the paper, I rely on Spinoza’s letters to trace the development of his definitions of substance and attribute in the early drafts of the Ethics. The letters, whose dates are more or less established, also provide a temporal grid for our subsequent discussions. The second part surveys Spinoza’s discussion and conceptualization of substance and attributes in the Treatise on the Emendation of the Intellect, the Theological-Political Treatise (1670), and briefly, Spinoza’s 1663 book on Descartes’ Principles of Philosophy, and its appendix on Metaphysical Thoughts, the Cogitata Metaphysica. The third part of the paper is dedicated to Spinoza’s understanding of substance and attribute in the Short Treatise on God, Man, and His Well-Being. I conclude with some remarks on the stability of Spinoza’s final position on the issue, as expressed in the published version of the Ethics . (shrink)

My topic is the materialist appropriation of empiricism – as conveyed in the ‘minimal credo’ nihil est in intellectu quod non fuerit in sensu (which interestingly is not just a phrase repeated from Hobbes and Locke to Diderot, but is also a medical phrase, used by Harvey, Mandeville and others). That is, canonical empiricists like Locke go out of their way to state that their project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I (...) shall not at present meddle with the Physical consideration of the Mind” (Essay, I.i.2, in Locke 1975; which Kant gets exactly wrong in his reading of Locke, in the Preface to the A edition of the first Critique). Indeed, I have suggested elsewhere, contrary to a prevalent reading of Locke, that the Essay is not the extension to the study of the mind of the methods of natural philosophy; that he is actually not the “underlabourer” of Newton and Boyle he claims politely to be in the Epistle to the Reader (Wolfe and Salter 2009, Wolfe 2010). Rather, Locke says quite directly if we pay heed to such passages, “Our Business here is not to know all things, but those which concern our Conduct” (Essay, I.i.6). There would be more to say here about what this implies for our understanding of empiricism (see Norton 1981 and Gaukroger 2005), but instead I shall focus on a different aspect of this episode: how a non-naturalistic claim which falls under what we now call epistemology (a claim about the senses as the source of knowledge) becomes an ontology – materialism. That is, how an empiricist claim could shift from being about the sources of knowledge to being about the nature of reality (and/or the mind, in which case it needs, as David Hartley saw and Denis Diderot proclaimed more overtly, an account of the relation between mental processes and the brain). (David Armstrong, for one, denied that there could be an identification between empiricism and materialism on this point: eighteenth-century history of science seems to prove him wrong: see Armstrong 1968 and 1978.) Put differently, I want to examine the shift from the logic of ideas in the seventeenth century (Locke) to an eighteenth-century focus on what kind of ‘world’ the senses give us (Condillac), to an assertion that there is only one substance in the universe (Diderot, giving a materialist cast to Spinozism), and that we need an account of the material substrate of mental life. This is neither a ‘scientific empiricism’ nor a linear developmental process from philosophical empiricism to natural science, but something else again: the unpredictable emergence of an ontology on empiricist grounds. (shrink)

Accused to be leading a plot against the Spanish government in Calabria in 1599, supposedly supported by a Turkish fleet, Campanella was almost labeled as a renegade. On the contrary, while in jail, he deepened his prophetic interpretation of the history, and of the future of the world, offered theological and political confutation of Islam, and began shaping a wider idea of the role of this religion in the ‘apocalyptic’ times. Not focusing on the Turkish menace only, he tries to (...) integrate some of the Muslim kingdoms in his appeal to the universal recognition of the Christian revelation as ‘natural reason’. In his main work about this topic, Quod reminiscentur, completed in 1618, but published only in the 20th Century, Campanella presents different strategies of conversion of Islamic peoples, depending on the various historical features of Islam, and adapted to the diverse societies involved. Giovanni Botero’s Relationi universali was a very important source of Campanella’s historical and geographic information about Islam, but the philosopher developed an original prophetic and political vision of Church, conversion and apocalypse, alternative to that dominating in the Counter Reformation. (shrink)

Kant scholars have rarely addressed the centuries-old tradition of casuistry and the concept of conscience in Kant’s writings. This book offers a detailed exploration of the period from Pascal’s Provincial Letters to Kant’s critique of probabilism and discusses his proposal of a (new) casuistry as part of an moral education. *** -/- Die Debatte um Kasuistik und Probabilismus zählt zu den wichtigsten Themen der Moraltheologie und Moralphilosophie der frühen Neuzeit. In der enormen Verbreitung der Literatur über die Gewissensfälle (casus conscientiae) (...) und in der großen Resonanz der Lehre von den wahrscheinlichen Meinungen (opiniones probabiles) in der ersten Hälfte des 17. Jahrhunderts findet sich ein wirkungsmächtiges Modell für die Analyse des moralischen Handelns, in welchem Universalität des Gebots und Kontingenz der Handlung, Notwendigkeit der Norm und individuelle Freiheit miteinander versöhnt werden. Dennoch erregt dieses Modell heftige Kritik, die in Pascals berühmtem Angriff in den Briefen in die Provinz (1656–1657) gipfelt. So beginnt für die Kasuistik und den Probabilismus eine lange Krise, welche die Entstehung der modernen Moralphilosophie und den Siegeszug des kantischen Paradigmas ankündigt. Die Krise von Kasuistik und Probabilismus fällt zusammen mit einer einsetzenden rigoristischen Reaktion der christlichen Moraltheologie sowohl katholischer als auch protestantischer Prägung,welche die moralischen und spekulativen Folgen eines Rückgriffs auf Gewissensfälle und wahrscheinliche Meinungen als inakzeptabel ablehnt. Die Ablehnung geht aber weiter und dringt bis in den Kern der philosophischen Reflexion vor: Die rigoristische Reaktion gegen Kasuistik und Probabilismus entzündet sich im moralphilosophischen Denken Kants als Folge seiner umfassenden kritischen Revision der Grundbegriffe der Moralphilosophie sowie insbesondere seiner Neubestimmung des Verhältnisses von Gewissen und praktischem Urteil. Dem Grundsatz des Probabilismus setzt Kant das Kriterium der moralischen Gewißheit („quod dubitas, ne feceris!“) entgegen, das er als „Postulat des Gewissens“ bezeichnet (RGV 6:185.23–186.9).Und die Kasuistik wird als eine „Critic der Handlungen nach Sophistic“ abgestempelt, als eine „Uebung, um nach der Sophistic das Gewissen zu hintergehen oder es zu chicaniren, insofern man es in Irrthum zu setzen denkt“ (V-MS/Vigil 27:620.2–5). Dennoch weist Kant den kasuistischen Fragen eine herausragende Stellung in der Tugendlehre zu und legt der Kasuistik im Rahmen der ethischen Methodenlehre, also im Hinblick auf pädagogische Anwendungen, letztlich eine positive Funktion bei. Vermutlich ist Kants Angriff auf Kasuistik und Probabilismus durch den Einfluss Pascals philosophisch vermittelt. Kants Verhältnis zu Pascal und, allgemeiner, zu dem historischen Hintergrund, welchem dieser angehört, sind gleichwohl noch erstaunlich wenig erforscht: Trotz der wiederholten (stillschweigenden oder sogar ausdrücklichen) Hinweise an wichtigen Stellen in Kants Schriften richtet die Kant-Forschung ihre Aufmerksamkeit nur selten auf die Jahrhunderte währende Tradition der Kasuistik und den Begriff des Gewissens, der in ihrem Rahmen ausgearbeitet wird. Aus dieser langen Geschichte wird in diesem Band insbesondere der Zeitraum „von Pascal bis Kant“ eingehend untersucht, d.h. der noch wenig erkundete Zeitabschnitt von der beißenden Polemik von Pascals Briefe in die Provinz bis zu Kants eigener Kritik des Probabilismus und seinem Entwurf einer (neuen) Kasuistik als Teil der ethischen Methodenlehre. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Through an analysis of a part of Thomas’ arguments on the rational soul’s subsistence, the article exposes the reasons why it is necessary and possible to affirm that the human soul is a substance in its proper sense, even if it does not have the entire human essence when it subsists apart from the body. Thus the article intends to answer a question raised by B.C. Bazán. The analysis is articulated applying the principle nihil agit nisi secundum quod est (...) actu in different ways in order to make explicit the reason why the soul is the suppositum of intellectual operations and faculties and therefore a substance; then the article reaffirms that the substantial form’s definition is related to the act of being in order to distinguish the “virtual” way in which any substantial form has the entire species, from the “real” way in which any substance has an entire substantial essence. (shrink)

L'elaborato intende analizzare lo statuto ontologico dell'ente a partire dal binomio esse e id quod est, sviluppato da Tommaso nel commento al De Hebdomadibus di Boezio, specificando i concetti di partecipazione come causalità forte, e di essere come massimo estensivo e più generale.