Bodily sensations, such as pain, hunger, itches, or sexual feelings, are commonly characterized in terms of their phenomenal character. In order to account for this phenomenal character, many philosophers adopt strong representationalism. According to this view, bodily sensations are essentially and entirely determined by an intentional content related to particular conditions of the body. For example, pain would be nothing more than the representation of actual or potential tissue damage. In order to motivate and justify their view, strong representationalists often (...) appeal to the reliable causal covariance between bodily sensations and certain kinds of bodily conditions or to the corresponding biological function that these bodily sensations are supposed to fulfill. In this paper, I argue on the basis of recent empirical research that arguments from reliable causal covariance and biological function cannot motivate the introduction of corresponding intentional content. In particular, I argue that bodily sensations are caused by a heterogeneous class of physiological and psychological factors and their biological functions are too diverse to be reduced to the representation of a particular bodily condition. Responses are available to strong representationalists, but they either require substantial alterations to their core assumptions or incur a significant empirical burden. (shrink)

Pain is often used as the paradigmatic example of a phenomenal kind with a phenomenal quality common and unique to its instantiations. Philosophers have intensely discussed the relation between the subjective feeling, which unites pains and distinguishes them from other experiences, and the phenomenal properties of sensory, affective, and evaluative character along which pains typically vary. At the center of this discussion is the question whether the phenomenal properties prove necessary and/or sufficient for pain. In the empirical literature, sensory, affective, (...) and evaluative properties have played a decisive role in the investigation of psychophysical correspondence and clinical diagnostics. This paper addresses the outlined philosophical and empirical issues from a new perspective by constructing amultidimensional phenomenal spacefor pain. First, the paper will construe the phenomenal properties of pains in terms of a property space whosestructurereflects phenomenal similarities and dissimilarities by means of spatial distance. Second, philosophical debates on necessary and sufficient properties are reconsidered in terms of whether there is a phenomenal space formed of dimensions along which all and only pains vary. It is concluded that there is no space of this kind and, thus, that pain constitutes aprimitivephenomenal kind that cannot be analyzed entirely in terms of its varying phenomenal properties. Third, the paper addresses theutilityof continued reference to pain and its phenomenal properties in philosophical and scientific discourses. It is argued that numerous insights into the phenomenal structure of pain can be gained that have thus far received insufficient attention. (shrink)

While contemporary accounts understand esteem and self-esteem as essentially competitive phenomena, early modern natural law theorists developed a conception of justified esteem and self-esteem based on naturally good character traits. This article explores how such a normative conception of esteem and self-esteem is developed in the work of Christian Wolff. Two features make Wolff’s approach distinctive: He uses the analysis of common notions that are expressed in everyday language to provide a foundation for the aspects of natural law on which (...) his conception of natural duties of esteem depends. He develops a non-competitive conception of esteem and self-esteem into a cooperative conception, according to which enhancing the esteem in which others are held is seen as a tool for promoting self-perfection. Wolff’s ideas offer a solution to the well-known problems connected with competitive life-styles, and at the same time assign a central role in moral motivation to the desire of being esteemed and of having high self-esteem. Moreover, due to his emphasis on presenting a philosophical analysis based on common notions, he offers a solution that is meant to be persuasive from the perspective of everyday morality. (shrink)

What would be an adequate theory of social understanding? In the last decade, the philosophical debate has focused on Theory Theory, Simulation Theory and Interaction Theory as the three possible candidates. In the following, we look carefully at each of these and describe its main advantages and disadvantages. Based on this critical analysis, we formulate the need for a new account of social understanding. We propose the Person Model Theory as an independent new account which has greater explanatory power compared (...) to the existing theories. (shrink)

One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations about presumed (...) non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

According to pure imperativism, pain experiences are experiences of a specific phenomenal type that are entirely constituted by imperative content. As their primary argument, proponents of imperativism rely on the biological role that pain experiences fulfill, namely, the motivation of actions whose execution ensures the normal functioning of the body. In the paper, I investigate which specific types of action are of relevance for an imperative interpretation and how close their link to pain experiences actually is. I argue that, although (...) imperative theories constitute an apparently promising version of strong intentionalism, they cannot provide an imperative content that meets their own criteria of both sufficiency and necessity. I further argue that this issue cannot be solved by impure imperative theories either. (shrink)

Barbara Montero considers whether or not we are able to remember what pain feels like. In order to properly answer this question, she introduces a new type of memory called 'qualitative memory', which seems common to exteroceptive sensations. Having concluded that there is arguably no qualitative memory for pain and other bodily sensations, Montero considers possible philosophical implications for areas including rational choice-making and empathy. In addressing the relationship between pain and memory, the paper raises an issue that has not (...) received much attention and indicates various interesting fields of research for which the apparent inability to remember pain might prove relevant. My comment primarily focuses on the core concepts of pain and qualitative memory which are foundational for the paper. I argue that a deeper engagement with some key aspects of these concepts is necessary. A more fine-grained discussion could have made Montero's argument more convincing. (shrink)

The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, this (...) duty is grounded in the duty of self‐perfection because the qualities for which communities deserve to be esteemed are those that promote the self‐perfection of individuals. From this perspective, he argues that duties of esteem toward political communities should not be seen as an outcome of power relations but rather as an outcome of the fulfillment of functions of the law of peoples. Wolff's line of argument draws attention to the possibility that anger over a violation of the desire for honor could be mistaken for an expression of specific culture‐specific sensitivities, while what really may be expressed is a diverging interpretation of the implications of dependence in international relations. (shrink)

This paper builds off the Our Data Ourselves research project, which examined ways of understanding and reclaiming the data that young people produce on smartphone devices. Here we explore the growing usage and centrality of mobiles in the lives of young people, questioning what data-making possibilities exist if users can either uncover and/or capture what data controllers such as Facebook monetize and share about themselves with third-parties. We outline the MobileMiner, an app we created to consider how gaining access to (...) one’s own data not only augments the agency of the individual but of the collective user. Finally, we discuss the data making that transpired during our hackathon. Such interventions in the enclosed processes of datafication are meant as a preliminary investigation into the possibilities that arise when young people are given back the data which they are normally structurally precluded from accessing. (shrink)

Introduction: Sexual harassment involves an assortment of coercive behaviors, including physical force, intimidation, and various forms of compulsion, including verbal harassment and forced penetration [1]. Sexual abuse can happen to both men and women. In the United Kingdom(UK), the problem of child sexual abuse (CSA) has epidemic proportions and is a global public health issue [2]. 53,874 incidents were reported under the 2012 Protection of Children from Sexual Offences Act as of 2021 [3]. to their ignorance about puberty, sexuality, and (...) fundamental human biological changes, adolescents have a very difficult time addressing their SRH demands. These underlying causes contribute to high rates of teen pregnancy, STIs, sexual assault, poor negotiating skills, forced marriage, and high fertility rates [4]. -/- Methods: The study used a quantitative technique and a descriptive cross-sectional design. Students at Jahangir Nagar University and the American International University of Bangladesh were the intended target group. Jahangir Nagar University and American International University of Bangladesh served as the study locations. The six-month trial period ran from January 2022 through June 2022. For this investigation, primary sources of data were used. The study unit was the individual student. Non-probability (purposive) sampling techniques were used for the investigation. -/- Results: The majority of survey participants (N=81) 62.2% were aged between 19 and 21 years old, and there was a statistically significant difference in age between students at public and private universities. None of our study participants suffered from any kind of sexual abuse, though they mentioned hearing about it. Regarding the view of sexual abuse, public universities 23% of those polled claimed sexual abuse as a justification for sharing inappropriate photos. At private universities, the response rate for crude jokes is 32.5%. Only the least number of public (2%) and private university (10%) students took part in sexual abuse-related awareness or training programs. Regarding the rights to receive training for prevention and safeguarding from sexual abuse, only 28% of the public and 40% of the private university students replied in affirmative. -/- Conclusion: Sexual harassment is a sensitive issue, though due to various reasons, the rate of reporting and providing justice to the victims is delayed all over the world including Bangladesh. There social, religious, and policy lacking in this context. -/- . (shrink)

Homi Bhabha, a postcolonial scholar influenced by the work of Franz Fanon and Edward Said, indicates that identities stimulate a need to negotiate in spaces that result in the remaking of boundaries. There is a call to expose the limitations of the East and the West in an effort to acknowledge the space in-between that interconnects the past traditions and history, with the present and the future. This study applies Homi Bhabha’s theory of hybridity to determine whether the term liturgical (...) is appropriate to describe Kuchipudi Indian classical Hindu dance. Presented are the elements of Kuchipudi dance and liturgical dance, and then contemplative dance is discussed as an appropriate medium in the space of hybridity between Kuchipudi dance and liturgical dance. (shrink)

Contemplative pedagogy is necessary in the dance world because it can be a very dangerous place without it. Dance students who aim to sustain the so-called “right”body image too often develop a physical obsession that leads to dangers like bulimia and anorexia. Moreover, the stresses of performing on stage, combined with other pressures of daily life, may overwhelm dancers to the point where they might feel depressed or even suicidal. Thus, it is vital to develop a pedagogy that thinks about (...) not only the physical but also the spiritual well-being of dancers. The application of mindfulness as a pedagogical tool that focuses on physical and spiritual wellness is ideal in this regard. (shrink)

Contemplative pedagogy focuses on creating a sense of presence within educators to effectively educate the whole person through mindfulness in teaching. As I engage in a self-study, I develop initial components for the way I employ contemplative pedagogy. I aim to understand myself as an educator in order to teach effectively. One way to enable particular kinds of understandings is through self-study methodology. The foundational framework that develops through my ongoing self-study may interest those who are unfamiliar with the terrain (...) of contemplative pedagogy. For the purposes of this article, I place an emphasis on the philosophy and ethics classes that I taught at Middlesex County College in New Jersey, although I teach several classes on many campuses. My philosophical method requires me to engage in a self-study of my teaching practices. My project involves self-study as a philosophical research methodology that aims to inform educators and rethink the theories and praxis of teaching. As I work towards improvement- aimed pedagogy, I make myself vulnerable as I share my experiences with my Peer Scholar. My Peer Scholar, which some researchers call a “critical friend”, deliberates with me to challenge epistemological assumptions along with suspicions. The self-study dialogue with my Peer Scholar causes me to define initial components of how I engage in an improvement-aimed contemplative pedagogy. My hope is to support those who wish to implement contemplative pedagogy in higher education as I relate my working framework based on the themes that developed from the deliberation. The components in the article that convey how I engage in contemplative pedagogy are not meant to serve as a checklist or stern procedure for classroom activities. I share these components as aspects of my contemplative pedagogy, with suggestive scripts, not as a rigid structure but rather as a work in progress that is always under construction. (shrink)

Recently, the idea that our desire for the esteem of others could function as a regulative principle of social life has been criticized because the economy of esteem could reinforce oppressive structures due to expressions of mutual esteem within oppressing groups with deviant group norms. This article discusses this problem from a historical point of view, focusing on the moral and political writings of the eighteenth-century French materialist Paul Thiry d’Holbach. D’Holbach’s thoughts are relevant in two respects: For situations of (...) extreme power and wealth differences within oppressing groups, he shows that the economy of esteem does not work in favour of the members of these groups. This is so because the conditions of esteem and self-esteem of the members with lower hierarchical standing tend to be precarious, while the members with higher standing cannot use the flatteries of their inferiors as credible sources of esteem. D’Holbach concedes that self-esteem could be stabilized by refraining from self-reflection but argues that such a strategy comes at the price of an impaired capacity for protecting one’s natural needs. The upshot of his considerations is that our interest in esteem and self-esteem provides strong pragmatic and moral reasons for opposing oppression. (shrink)

ABSTRACT This article studies the theory of animal seeds as purely material entities in the early seventeenth-century medical writings of Antonio Ponce Santacruz, royal physician to the Spanish king Philipp IV. Santacruz adopts the theory of the eduction of substantial forms from the potentiality of matter, according to which new kinds of causal powers can arise out of material composites of a certain complexity. Santacruz stands out among the late Aristotelian defenders of eduction theory because he applies the concept of (...) an instrument of direction developed by the medieval Avicenna commentator Gentile da Foligno and gives a novel turn to this concept by interpreting animal seeds as separate instruments. The article situates Santacruz's theory in the context of early modern debates about the concept of the eduction of forms, as well as in the context of early modern debates about the concept of separate instruments. Particular attention is paid to Santacruz's responses to the biological views of Julius Caesar Scaliger and Thomas Feyens. Santacruz's response to Scaliger turns out to be central for his explication of the eduction relation, and Santacruz's response to Feyens turns out to be central for his explication of the nature of instrumental causation. (shrink)

This paper investigates the relationship between some corpuscularian and Aristotelian strands that run through the thought of the sixteenth-century philosopher and physician Julius Caesar Scaliger. Scaliger often uses the concepts of corpuscles, pores, and vacuum. At the same time, he also describes mixture as involving the fusion of particles into a continuous body. The paper explores how Scaliger’s combination of corpuscularian and non-corpuscularian views is shaped, in substantial aspects, by his response to the views on corpuscles and the vacuum in (...) the work of his contemporary, Girolamo Fracastoro. Fracastoro frequently appears in Scaliger’s work as an opponent against whom numerous objections are directed. However, if one follows up Scaliger’s references, it soon becomes clear that Scaliger also shares some of Fracastoro’s views. Like Scaliger, Fracastoro suggests corpuscularian explanations of phenomena such as water rising in lime while at the same time ascribing some non-corpuscularian properties to his natural minima. Like Scaliger, Fracastoro maintains that there is no vacuum devoid of bodies since places cannot exist independently of bodies (although their opinions diverge regarding how exactly the relevant dependency relation might be explicated). Finally, like Scaliger, Fracastoro connects a continuum view of mixture with a theory of natural minima. (shrink)

The theological misappropriation of Christianity as a civilizing force occurs when individuals convert to Christianity due to deception that ignores the faith-based aspect of Christianity. The history of Western education in India illustrates the hidden curriculum that Christian missionaries employed to disrupt the Indian educational system. This unnerving pedagogy points to the need for a postcolonial theoretical framework that relates the inescapable hybridity of religion and culture where Orientalism has the potential to occur. To press the ongoing urgency of this (...) discussion, I convey how the history of British India connects to my lived-reality as an American Hindu. Overall, I point to hybridity as a lived paradox of ambiguous conflict that embraces interfaith relations. I offer implications for Christian missionaries today to foster authentic interfaith connections without engaging in colonizing ideologies. (shrink)

Summary This article explores some continuities between Late Aristotelian and Cartesian embryology. In particular, it argues that there is an interesting consilience between some accounts of the role of imagination in trait acquisition in Late Aristotelian and Cartesian embryology. Evidence for this thesis is presented using the extensive biological writings of the Padua-based philosopher and physician, Fortunio Liceti (1577–1657). Like the Cartesian physiologists, Liceti believed that animal souls are material beings and that acts of imagination result in material images that (...) can be transmitted by means of medical spirits to the embryo. Moreover, while the Cartesian embryologists accepted such a view in a quite speculative way, one finds penetrating criticism of imagination theories of trait acquisition in the Late Aristotelian tradition. Evidence for this thesis is presented using the no less extensive biological writings of Liceti's contemporary, Emilio Parisano (1567–1643). In conclusion, the Late Aristotelian tradition itself provides the theoretical tools for excising immaterial formative forces from embryology and at the same time evinces a much more acute sense for the problems inherent in imagination theories of trait acquisition than the Cartesian tradition. (shrink)

Edward Said pointed to the problem of Orientalism that develops when the West creates a fictitious imagined version of Eastern religion and culture. Said’s notion of Orientalism focuses on the general distorted representation of Eastern religion and culture by the West. Homi Bhabha extends Said’s notion of Orientalism to reveal the tension of the inevitable hybridity between the East and the West. Here, cultural practices develop in the space of hybridity with the intention to promote a feeling of coherence as (...) opposed to with the objective to deform or distort religion and culture. Thus, the intention in a space of hybridity is often not to engage in Orientalism. Instead, the goal is to develop something new in a hybrid form. An opportunity arises in philosophy of education to adequately confront the problem of Orientalism that may develop in a space of hybridity. The author proposes a philosophical postcolonial framework that engages in a creative process that does not further Orientalism but rather develops something new with an ethic of hybrid responsibility for religion and culture. To illustrate this, the author uses Kuchipudi Indian Classical Hindu dance as an example. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the views (...) concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

This article explores a historical challenge for contemporary accounts of the role that the desire of being esteemed can play in exercising social control. According to Geoffrey Brennan and Philip Pettit, the economy of esteem normally has two aspects: it is supportive of virtuous action and it occurs spontaneously. The analysis of esteem presented by the 18th‐century materialist Claude‐Adrien Helvétius challenges the intuition that these two aspects go together unproblematically. This is so because, in Helvétius's view, the desire for esteem (...) is always triggered by sensible interest. In the frequent situations where sensible interest diverges from the demands of virtue, the economy of esteem thus can be spontaneous but will not be supportive of virtue. Helvétius allows for cases of moral luck where sensible interest coincides with the demands of virtue but regards these cases as rare occurrences. This is why he believes that a functioning economy of esteem crucially depends on political constitutions—in which case the economy of esteem can be supportive of virtue but will not be spontaneous. (shrink)

This article examines some aspects of the natural philosophy of Juan Gallego de la Serna, royal physician to the Spanish kings Philip III and Philip IV. In his account of animal generation, Gallego criticizes widely accepted views: (1) the view that animal seeds are animated, and (2) the alternative view that animal seeds, even if not animated, possess active potencies sufficient for the development of animal souls. According to his view, animal seeds are purely material beings. This, of course, raises (...) the question of how living beings can arise from inanimate matter. Gallego is aware that two other thinkers who understood animal seeds as purely material beings, Duns Scotus and the Louvain-based physician Thomas Feyens, did not solve this problem. Gallego’s solution makes use of the notion of incomplete entities developed by the Spanish Jesuit Francisco Suarez. While Suarez applies this notion to soul and body in order to explain why souls have a natural tendency towards organic bodies and organic bodies have a natural tendency towards souls, Gallego applies this notion to the natural tendency of animal seeds towards each other and towards further substances in their respective environment. In his view, this natural tendency of animal seeds to incorporate further substances explains that origin of material structures complex enough to constitute an animal soul. (shrink)

Theorien von Gerechtigkeit als einer ethischen Tugend spielen eine große Rolle in der protestantischen Ethik vor dem Dreißigjährigen Krieg. Eines der hervorstechenden Merkmale dieser Theorien ist ihr eklektischer Charakter: Sie verbinden Elemente aus verschiedenen Traditionen der antiken Tugendethik, vor allem der platonischen, aristotelischen und stoischen. Die Gerechtigkeitstheorien von protestantischen Philosophen wie Rudolph Goclenius, Clemens Timpler und Bartholomäus Keckermann illustrieren gut dokumentierte Merkmale des frühneuzeitlichen Eklektizismus wie die Rolle der Reinterpretation von ausgewählten Lehrstücken und die konziliatorische Strategie, scheinbare Widersprüche zwischen verschiedenen (...) Traditionen aufzulösen. Darüber hinaus illustrieren sie aber auch ein weniger gut dokumentiertes Merkmal des frühneuzeitlichen Eklektizismus, nämlich seine Funktion als philosophische Problemlösungsstrategie. Dieser Artikel versucht zu zeigen, wie Goclenius, Timpler und Keckermann einerseits Elemente aus den platonischen (und stoischen) Traditionen nutzen, um diagnostizierte Probleme in der aristotelischen Tradition zu beheben und andererseits Elemente aus der aristotelischen Tradition verwenden, um Probleme in der platonischen Tradition zu lösen. (shrink)

This article studies Madame de Lambert's early eighteenth-century views on aging, and especially the aging of women, by contextualizing them in a twofold way: It understands them as a response to La Rochefoucauld's skepticism concerning aging, women, and the aging of women; It understands them as being closely connected to a long series of scattered remarks concerning esteem, self-esteem, and honnêteté in Lambert's moral essays. Whereas La Rochefoucauld describes aging as a decline of intellectual, emotional, and physical powers and is (...) suspicious of the mechanisms of esteem and self-esteem, Lambert develops a view of aging as offering the chance to become more independent of the judgment of others, especially the chance for women to become more independent of the judgment of men. As she argues, aging offers women the possibility of cultivating genuinely estimable intellectual and emotional qualities that attract the justified esteem essential for a stable friendship, as well as the opportunity to develop a form of self-esteem that is based on respect for one's own capacities of judgment. (shrink)

According to the Cambridge Platonist Henry More, individual spirits--the souls of humans and non-human animals--are extended but cannot be physically divided. His contemporaries and recent commentators have charged that More has never given an explication of the grounds on which the indivisibility of spirits is based. In this article, I suggest that exploring the usage that More makes of the analogy between spirits and light could go some way towards providing such an explication. More compares the relation between spirit and (...) matter to the relation that, according to Aristotelian theories of light, holds between ?intentional species? and matter. I will argue that the purpose of his comparison is to highlight that both intentional species and spirits are existentially independent from matter. The existential independence of intentional species from matter expresses itself in the fact that light is not moved through the motion of the illuminated body. The existential independence of spirits from matter expresses itself in the fact that when a body that is coextensive with a spirit is divided, the spirit is not thereby divided but rather contracts into the remaining living organism. (shrink)

Robert M. Adams claims that Leibniz’s rehabilitation of the doctrine of incomplete entities is the most sustained effort to integrate a theory of corporeal substances into the theory of simple substances. I discuss alternative interpretations of the theory of incomplete entities suggested by Marleen Rozemond and Pauline Phemister. Against Rozemond, I argue that the scholastic doctrine of incomplete entities is not dependent on a hylomorphic analysis of corporeal substances, and therefore can be adapted by Leibniz. Against Phemister, I claim that (...) Leibniz did not reduce the passivity of corporeal substances to modifications of passive aspects of simple substances. Against Adams, I argue that Leibniz’s theory of the incompleteness of the mind cannot be understood adequately without understanding the reasons for his assertion that matter is incomplete without minds. Composite substances are seen as requisites for the reality of the material world, and therefore cannot be eliminated from Leibniz’s metaphysics. (shrink)

Neuere Interpretationen von Leibniz' Notizen zur Metaphysik aus den Jahren 1675-1676 tendieren dazu, diese Texte im Licht eines spinozistischen Substanz-Monismus zu lesen. Obwohl es für eine solche Interpretation überzeugende Anhaltspunkte gibt, vertritt Leibniz jedoch in denselben Texten auch einen Substanzen-Pluralismus in Bezug auf geistige Substanzen. Substanz-Monismus und Substanzen-Pluralismus scheinen miteinander vereinbar zu sein, weil für Leibniz, ähnlich wie für Descartes in den Principia philosophiae, der Terminus ‚Substanz‛ nicht in univoker Weise von Gott und von Gegenständen in der Welt ausgesagt werden (...) kann. (shrink)

SUMMARYThis article investigates the context of a side line in Leibniz's critique of Locke on maxims. In an enigmatic and little-explored remark, Leibniz objects that Locke has overlooked some legal maxims that fulfil the function of ‘constituting the law’. I propose to read this remark against the background of the divergence between conceptions of legal maxims in the common law tradition and conceptions of legal maxims in the Roman law tradition. In a few remarks, Locke seems to echo the common (...) law emphasis on customs and conventions expressed by legal maxims. According to such a conception, reason would mainly fulfil the function of subsuming particular norms under more general conventional norms. By contrast, Leibniz uses the Roman law idea that some ‘rules of law’ express demands of natural reason and, thereby, express principles constitutive of natural law. This is why he proposes to reform vague and confused ‘brocards’ used by jurists in order to identify sound maxims that provide a natural-law foundation for legal institutions. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the views (...) concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

As Peter Niebyl has documented, one of the issues in which the Wittenberg-based physician and philosopher Daniel Sennert (1572–1637) departed from Paracelsus and his followers was the concept of disease. Paracelsus and some of his followers regarded diseases as real beings—so-called “disease-entities” (entia morbis) that can enter into the body of a living being and thereafter possess a clearly defined location in the affected organism. 1 For Sennert, such a view is a dangerous confusion between disease and its causes. According (...) to him, causes of disease can be present in an organism without actually causing a disease (Sennert 1629, p. 253). Moreover, he shares the traditional Christian doctrine .. (shrink)