The paper delves into manuscript sources connected with various disputations held at Prague University from around 1390 to 1420 and singles out a set of hitherto unknown quaestiones dealing with the nature of the human intellect and its relation to the body. Prague disputations from around 1400 arguably offer a unique vantage point on late medieval anthropological issues, since they encompass an entanglement of numerous doctrinal influences from Buridanian De anima commentaries to John Wyclif’s theories. The paper (...) delineates several conceptual tensions regarding the nature of the intellect, e.g., between materialism (entailed by the emphasis on the intellect’s inherence in the body) and personal immortality. It presents several strategies Prague masters employed to overcome these tensions. For example, an anonymous participant of the 1409 quodlibet develops the Buridanian distinction between the rationally demonstrable materialist tendency and the indemonstrable “catholic truth” about the intellect both inhering in and separable from the body. On the other hand, Wyclif’s adherents (Jacob of Mies and another anonymous master) postulate an immortal spirit hypostatically united to each human being beside the human soul educed from the potency of the matter. Yet, the boundaries between the doctrinal standpoints in question seem permeable, whereby a rigid definition of antagonistic groups in late medieval Prague intellectual milieu (e.g., Buridanians vs Wycliffites) is rendered ineffective. (shrink)

This paper inquires into how the new techniques of 14th-century physics, especially the doctrines of the maxima and minima of powers and the latitudes of forms, were applied to the issue of propagation of light. The focus is on several Prague disputed questions, originating between 1377 and 1409, dealing with whether illumination has infinite or finite reach and whether illumination’s intensity remains constant (uniformis) or is rather uniformly decreasing (uniformiter difformis). These questions are contextualised through examination of Oxford, Paris, and (...) Prague sources of the era (John Dumbleton, John Buridan, Nicole Oresme, Albert of Saxony, Henry of Langenstein, John of Holland) to construct a fresh survey of late medieval theories of light. Along the way, the discovery of a hitherto unknown Prague disputation from the 1370s is announced, and new evidence for the dating and Central European dissemination of Jacobus de Sancto Martino’s De latitudinibus formarum and Nicole Oresme’s Questiones super Geometriam is uncovered. (shrink)

Bartolomeo Mastri’s Disputations on Metaphysics is the single most important work on metaphysics produced in the Scotist school during the Early Modern period. This contribution guides through the work by highlighting a selection of key passages that convey an impression of its historical-literary context, its subject matter, its main motifs and scientific aims, but also its limitations. Especially, we see Mastri emphasizing the theological aspect of theology, though he in the end refrains from exploring this aspect of metaphysics within (...) his work on metaphysics. I suggest that this discrepancy between Mastri’s concept of metaphysics and his work on metaphysics showcases the difficulty of organizing this discipline during the phase of transition from the traditional commentary format typical of medieval scholasticism to the Early Modern scholastic Cursus philosophicus literature. (shrink)

The paper presents a preliminary estimation of the extent of dissemination of optical texts, ideas, and issues among the masters connected with the Prague faculty of arts in the late 14th and early 15th century. Investigation of this topic, so far rather neglected, is based chiefly on manuscript research. The paper brings evidence that perspectiva was taught in Prague at least since the 1370s. It suggests that investigation of Prague quodlibetal disputations (ca. 1390s – 1410s) and consideration of perspectivist (...) authorities employed in these texts can also shed some light on the issue. However, the paper is mainly devoted to the question on the mechanism of vision disputed by Bohemian arts master John of Borotín (Iohannes de Borotin, 1378 – after 1458) in the quodlibet organised by John Hus in 1411. It is suggested that the single extant exemplar of the question (preserved in the codex Prague, National Library, X.H.18) probably is Borotín’s autograph. The structure and sources of the question are analysed, with the conclusion being that Borotín proposes a compromise between intromission and extramission influenced by John Peckham’s Perspectiva communis. A critical edition of Borotín’s question is appended to the paper. / / / Please note this article is published with Brepols Publishers as a Gold Open Access article under a Creative Commons CC 4.0: BY-NC license. The article is also freely available on the website of Brepols Publishers under this same license. (shrink)

The Shroud of Turin is a controversial linen cloth thought by some to be a medieval artifact and by others to be the burial cloth of Jesus of Nazareth. To better explain the reasons why reaching a consensus among experts seems highly unlikely, this paper focuses on the possible relationship between the Shroud of Turin and the Pray Codex, the first illuminated manuscript in Hungarian (c. 1192 – c. 1195). An analysis of the recent literature, including a qualitative survey, (...) highlights not only the variety but also the weakness of the reasoning processes of the scholars, from less complete and intuitive to extremely detailed and systematic approaches. A new methodological approach excludes the position according to which it is certain that the Turin shroud has no direct or indirect link with the Pray Codex. A better understanding of the historiographical criteria and of the Bayesian framework might constitute a precious basis for solving similar interdisciplinary disputes. (shrink)

According to standard late medieval Christian thought, humans in heaven are unable to sin, having been “confirmed” in their goodness; and, nevertheless, are more free than humans are in the present life. The rise of voluntarist conceptions of the will in the late thirteenth century made it increasingly difficult to hold onto both claims. Peter Olivi suggested that the impeccability of the blessed was dependent upon a special activity of God upon their wills and argued that this external constraint (...) upon their wills did not eliminate their freedom. Later voluntarists largely agreed with Olivi in attributing the confirmation of the blessed to be dependent upon God’s activity in some way, but disputed the means by which and the extent to which the wills of those in heaven could be said to retain their freedom. This paper will examine various attempts made to either harmonize these two claims or else to soften the blow of rejecting one of them; among the authors surveyed will be Peter John Olivi, John Duns Scotus, Henry of Harclay, William of Ockham, Walter Chatton, and Margurite Porete. (shrink)

We compare the medieval projects of commentaries and disputations with the modern projects of formal ontology and of mathematics.

This essay addresses arguments regarding the “place” or “non-place” in which ideas originate and whether they are wholly transcendental, wholly contingent, or a combination of transcendental and contingent. Far from a resuscitation or recitation of Medieval scholastic disputations, the essay seeks to situate these untimely concerns in the context of spent discursive and ideological systems that support capitalist exploitation of the knowledge commons, exploitation only made possible because of a decisive and historically determined reduction of knowledge to fully (...) contingent status as spectral commodity. (shrink)

The prologue of the Sophistici elenchi is as close an Aristotelian text gets to dealing with language as a subject matter in its own right, only in reverse. Language and its features bear consideration to the extent that they account for some major predicaments discursive reasoning is prone to, both as a separate and as a common endeavour. That being said, the linguistic pitfalls that trick us into thinking that whatever is the case for words and word-compounds is also the (...) case for the things and facts linguistic items stand for reveal as much about good linguistic habits and sound argumentation as they themselves are revealed by the principles and rules our argumentation goes by. In this connection, Aristotle resorted to a curious (or not so curious) analogy between words and counters which played a major role in explaining why language is such a powerful source of illusion and deception. As it happens, Aristotle accounting analogy is a case in point for showcasing the level of sophistication medieval Latin literature on fallacies achieved as early as the first half of the twelfth century. As a matter of fact, Western commentators managed to build compelling cases both in favour of and against the understanding that was to become and still is the standard story – which, of course, speaks volumes about their exegetical proficiency and technical expertise. On the one hand, trusting implicitly Boethius’ translation and well aware of his views on disputational hazards as opposed to computational reliability, they usually understood Aristotle’s comparison as if it was an analogy in name only. On the other hand, despite Boethius’ translation put them at a considerable disadvantage, Latin commentators were able to construe Aristotle’s analogy as bringing together two sets of symbolic variables (words and counters) that are neither entirely free nor entirely bound – which expose them to subtle but critical shifts in value and meaning. (shrink)

German Romanticism is commonly associated with nationalism rather than cosmopolitanism. Against this standard picture, I argue that the early German romantic author, Novalis (Georg Philipp Friedrich von Hardenberg, 1772–1801) holds a decidedly cosmopolitan view. Novalis’s essay “Christianity or Europe” has been the subject of much dispute and puzzlement ever since he presented it to the Jena romantic circle in the fall of 1799. On the basis of an account of the philosophical background of Novalis’s romanticism, I show that the image (...) of the Middle Ages sketched in “Christianity or Europe” plays a symbolic role and should not be taken as a literal description of the historical past or as a blueprint for the future. Rather, the romantic picture of medieval Europe serves to evoke poetically the ideal of a cosmopolitan re-unification of humanity. (shrink)

The focus of the article is the self-predication principle, according to which the/a such-and-such is such-and-such. We consider contemporary approaches (Frege, Russell, Meinong) to the self-predication principle, as well as fourteenth-century approaches (Burley, Ockham, Buridan). In crucial ways, the Ockham-Buridan view prefigures Russell’s view, and Burley’s view shows a striking resemblance to Meinong’s view. In short the Russell-Ockham-Buridan view holds: no existence, no truth. The Burley-Meinong view holds, in short: intelligibility suffices for truth. Both views approach self-predication in a uniform (...) way. We were unable to find a medieval philosopher who, like Frege, approaches self-predication in a non-uniform way. We do not want to dispute that there are also considerable differences between the contemporary and the fourteenth-century approach to self-predication. Importantly, fourteenth-century accounts of self-predication rely strongly on the identity theory of predication, and this theory is not endorsed by contemporary philosophers of language. Nevertheless, some basic tenets seem to us to be clearly shared between fourteenth-century and contemporary thinkers. (shrink)

If God knows everything he must know the future, and if he knows the future he must know the future acts of his creatures. But then his creatures must act as he knows they will act. How then can they be free? This dilemma has a long history in Christian philosophy and is now as hotly disputed as ever. The medieval scholastics were virtually unanimous in claiming both that God is omniscient and that humans have free will, though they (...) disagreed in their accounts of how the two are compatible. With the Reformation the debate became even more lively since there were Protestant philosophers who denied both claims, and many philosophers ever since have either thought it impossible to reconcile them or have thought it possible only because they weaken one or the other. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics and political (...) theory.In the opening essay, Lenn Goodman takes upon himself the ambitious task of evaluating Spinoza's positions as to several central disputes throughout the history of philosophy. In this rich and extensive essay Goodman argues that Spinoza's radical rationalism makes him pursue syntheses between traditionally opposed poles. Lee Rice's article, "Love of God in Spinoza," carefully analyzes Spinoza's concept of love and suggests the existence of three kinds of love parallel to the three kinds of knowledge. Warren Montag addresses the unresolved issue of Spinoza's relation to the Kabbalah. Montag sides with Deleuze against the association of Spinozism with the Neo-Platonic theory of emanation, arguing that unlike the Neo-Platonists and Kabbalists, Spinoza's view of God rules out any hierarchy, and does not assume a descent from primal simplicity into complexity. Edwin Curley contributes a beautiful reading of the story of Job and of Maimonides' interpretation of the story. Curley follows Maimonides' discussion of the various positions regarding the question of divine providence and his attempt to identify the speeches of the characters of the book of Job with each of these positions. Following a sensitive consideration of various attempts to [End Page 417] recover Maimonides' own rather concealed view about providence, Curley concludes that "[W]hatever you think Maimonides' final word on Job is, our examination of him certainly supports [Spinoza's] claim that [Maimonides] reads Scripture in terms of Platonic or Aristotelian speculations" (170).Warren Zev Harvey's essay addresses Spinoza's most neglected work, the Compendium of the Grammar of the Hebrew Language. Apart from providing an outline of Spinoza's work as a Hebrew grammarian ("a noun-intoxicated grammarian") and pointing out some of Spinoza's more eccentric views about the nature of the Hebrew language, Harvey makes a compelling case for the importance of the book for the study of Spinoza's metaphysics. He points out a fascinating analogy which Spinoza draws between the parts of speech: (proper) noun, adjectives, and participles, and Spinoza's key metaphysical terms: substance, attributes, and modes. (Think about the weighty implications of this analogy for Curley's interpretation of the substance-mode relation.) According to Harvey, Spinoza's claim that all Hebrew words are derived from nouns is a linguistic parallel to Spinoza's pivotal metaphysical doctrine which makes all things be in the substance (or God). Kenneth Seeskin's article discusses the views of Maimonides and Spinoza on the question of creation and God's relation to the world. Seeskin reconstructs an interesting critical dialogue between these two philosophers. According to Seeskin, both philosophers held that an effect must be similar to its cause. Maimonides' commitment to Negative Theology and to the denial of any common measure between God and finite things forced him to deny causal or explanatory relation between God and the world. What Maimonides can suggest instead is rather to prove that the emergence of the world ex nihilo and according to the divine will, is possible, and even likely given certain astronomical facts of medieval science. Thus, Maimonides would hold that "although we have grounds for believing that creation occurred, we will never be in a position to say how" (120). For Spinoza, such a view constitutes nothing but a "sanctuary of ignorance." Thus, according to Seeskin, Spinoza affirms a clear causal relation between God and the world of finite things insofar as God is said to explain the world. While I tend to agree with most aspects of this analysis, it is important to note that Spinoza also claims that "between the finite and infinite there is no relation" (Letter 54). This... (shrink)

In almost every handbook and in almost every history of philosophy you will find the thesis that Aristotle in Metaphysics Z has developed a theory about substance – an imperfect one unfortunately. From the Middle Ages until now this has been the most widely accepted claim about this book. Because the basis for this claim is not so easy to find in the text, there is a dispute about the question what a substance really is and ”which things“ are substances. (...) But the theory itself remains. If you engage to clear the field of problems in which this book has its roots, you will see apories developed by Plato in his dialogue Sophistes, mainly the apory in the middle of the dialogue. Here the guest from Elea is led to the question ”What in the world do we have to understand by the term ’to be’?“ ”...For you evidently understood the matter long ago; we, on the contrary, before thought we understood, but now are in trouble about it.“ Aristotle repeats this question, the question about being, on a new level and with new conceptual tools. In the Topics he develops what I call the ”topical approach.“ The use of it is suppported by a new type of concepts, the quotations (e. g. to ti estin: ”Say what you mean, if you ask 'What is this?'“ The standard translation ”essence“ makes impossible to see the genuine meaning of the term.) In Metaphysics Z he puts in concrete terms what in Metaphysics Λ was just a sketch of his speculation about ”to be.“ Seeing this background, it becomes clear that Metaphysics Z never contains the expected theory, which many allege that Aristotle is defending. This is no more than the remains of the pastristic and medieval interpretation. The German translation with commentary which I submit with this book, and an extensive introduction to these questions, should contribute to the destruction of this part of metaphysics. (shrink)

Thomas Aquinas wrote a text later known as Quaestio de attributis and ordered it inserted in a precise location of his Commentary on the Sentences of Peter Lombard more than a decade after composing this work. Aquinas assigned exceptional importance to this text, in which he confronts the debate on the issue of the divine attributes that swept the most important centres of learning in 13th Century Europe and examines the answers given to the problem by the representatives of the (...) four mainstream schools of his time: the Greek mystic Dionysius Areopagita, the Latin Saint Anselm of Canterbury, the Jewish rabbi Moses Maimonides and the Muslim philosopher Ibn Sina. This in-depth study of Thomas Aquinas’ Quaestio de attributis (In I Sent., d. 2, q. 1, a. 3) binds together the findings of previous research on the unique history of this text by reconstructing the historical circumstances surrounding its composition, shows that the Quaestio contains Aquinas’ final answer to the dispute on the divine attributes, and thoroughly examines his interpretation of Maimonides’ position on the issue of the knowledge of God by analysing this and other texts related to it chronologically and doctrinally. The examination of the Quaestio reveals the background of Thomas Aquinas’ renewed interest in Maimonides’ position on the issue and brings to light elements of Aquinas’ interpretation that are absent from his earlier references to Maimonides. Moreover, the chronological and doctrinal connection of the Quaestio de attributis to other Thomistic works with explicit references to Maimonides enables a reconstruction of his comprehensive approach to Maimonides’ teaching on the possibility and extent of the knowledge of God in the Guide of the Perplexed and highlights the place of Maimonides’ philosophical teachings in Thomas’ own thought in issues like "Being" as the proper name of God, the multiplicity of the divine names, the beatific vision in the afterlife, the causes that prevent the instruction of the multitude in divine matters and the role of faith and prophecy in the acquisition of the true knowledge of God in this life. The last chapter examines the reasons behind Aquinas’ silencing of Maimonides’ name when introducing his Five Ways for the knowledge of the existence of God, in spite of the evident relation between these and Maimonides’ Four Speculations. The study is completed with an extensive appendix that includes the text of the Quaestio de attributis with an English translation and the critical edition of several chapters of the 13th Century Latin translation of the Guide of the Perplexed known as Dux neutrorum. (shrink)

Peter Abelard's claim that universals are only words is well known, yet its metaphysical bearing for Abelard's philosophy is much disputed. Peter King has recently suggested that Abelard's nominalism is only an element of his larger irrealist metaphysic. Against this interpretation, I argue that Abelard's view is better understood as a form of moderate realism and a development of the solution attempted by Boethius in his Second Commentary on Porphyry's Isagoge. Both Abelard and Boethius clearly deny the independent existence of (...) universals, yet they should not be called irrealists, since they agree that universal words or concepts have a firm basis in real, individual things. (shrink)

The encounter of the medieval Muslims with Greek philosophy undeniably shaped the course of their philosophical and theological thought. This encounter led to the complex and contentious issue of ‘philosophy versus theology’. Medieval Muslim thinkers needed to develop a response to the issue of philosophy versus theology. The present article will first highlight the response of the Islamic theologians to their encounter with Greek philosophy in the form of three major trends in medieval Islamic theology: (1) strong (...) opposition to the application of reason and rationalist approach to Islamic doctrines, and strict adherence to the actual text of the Qur’an and the Hadith, (2) the adoption of Greek philosophy, and the application of reason and rationalist approach to explain and defend Islamic religion and (3) acknowledging the significance of reason in exploring the matters related to the natural world but, at the same time, stressing the subordination of reason to revelation. This article will discuss Atharism, Muʿtazilism and Ashʿarism as the representatives of the first, second and third trends, respectively. The response of the medieval Islamic theologians to the issue of philosophy versus theology serves as a context in which medieval Muslim philosophers carried out their philosophy–theology debate. The article will proceed to show that some medieval Muslim philosophers, such as Abu Bakr Al-Razi, subordinated religion or revelation to philosophy or reason. Other medieval Muslim philosophers, such as Al-Ghazali, subordinated philosophy to theology. The third group of medieval Islamic philosophers represented by Alfarabi argued for the reconciliation and harmonious co-existence of philosophy and religion. Contribution: This article highlights the response of medieval Islamic theologians and philosophers to the issue of philosophy versus theology that was caused by their encounter with Greek philosophy. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, insufficient clarity of (...) terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

In this Ph.D. dissertation, completed at the Sorbonne, it is shown that the whole of medieval philosophy was not reduced to a realist stance: in the 13th-14th centuries, an idealist stance emerged and was developed into a full-fledged epistemological idealism, personified in the philosophers Eckhart von Hochheim and Dietrich von Freiberg. This dissertation deviates from most works in the history of philosophy by proposing to see this as a taxonomy.

In this chapter, we examine a few potential problems when inquiring into the ethics of medieval Christian and Islamic mystical traditions: First, there are terminological and methodological worries about defining mysticism and doing comparative philosophy in general. Second, assuming that the Divine represents the highest Good in such traditions, and given the apophaticism on the part of many mystics in both religions, there is a question of whether or not such traditions can provide a coherent theory of value. Finally, (...) the antinomian tendencies and emphasis on passivity of some mystics might lead one to wonder whether their prescriptive exhortations can constitute a coherent theory of right action. We tackle each of these concerns in turn and discuss how they might be addressed, in an attempt to show how medieval mysticism, as a fundamentally practical enterprise, deserves more attention from practical and moral philosophy than it has thus far received. (shrink)

In 1989, Cambridge University Press announced the publication of a new, three-volume book series: The Cambridge Translations of Medieval Philosophical Texts. The first volume – edited by Norman Kretzmann and Eleonore Stump, and dedicated to logic and the philosophy of language – contained 15 medieval texts, of which 15 were composed by Christian authors. The second volume in the series, this time focusing on ethics and political philosophy, appeared in 2000. Seventeen of the 17 texts included in this (...) collection – edited by Arthur S McGrade, John Kilcullen and Matthew Kempshall – were authored by Christian writers. Late-medieval Jewish or Islamic texts on ethics or politics? Not in our school. (shrink)

During the 13th century, several logicians in the Latin medieval tradition showed a special interest in the nature of impossibility, and in the different kinds or ‘degrees’ of impossibility that could be distinguished. This discussion resulted in an analysis of the modal concept with a fineness of grain unprecedented in earlier modal accounts. Of the several divisions of the term ‘impossible’ that were offered, one became particularly relevant in connection with the debate on ars obligatoria and positio impossibilis: the (...) distinction between ‘intelligible’ and ‘unintelligible’ impossibilities. In this article, I consider some 13th-century tracts on obligations that provide an account of the relation between impossibility and intelligibility and discuss the inferential principles that are permissible when we reason from an impossible – but intelligible – premise. I also explore the way in which the 13th-century reflection on this topic survives, in a revised form, in some early 14th-century accounts of positio, namely, those of William of Ockham, Roger Swineshead and Thomas Bradwardine. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

Deely's chief orientation, in his Medieval Philosophy field days, was to frame the field's thematic concern in light of the gestation of semiotic awareness. He argued that semiotic awareness was expressed fully for the first time in history by Poinsot, although he said that the process of gestation only resulted in a community-binding Way after the arrival of the Semiotics of Peirce. Between Poinsot and Peirce, a period of darkness preceded a full dawn. In this paper, we provide an (...) introductory picture of Deely's understanding of Medieval Philosophy and strive to convey a preview of the angle adopted by the semiotician. (shrink)

My aim in this paper is to advance our understanding of medieval approaches to consciousness by focusing on a particular but, as it seems to me, representative medieval debate. The debate in question is between William Ockham and Walter Chatton over the existence of what these two thinkers refer to as “reflexive intellective intuitive cognition”. Although framed in the technical terminology of late-medieval cognitive psychology, the basic question at issue between them is this: Does the mind (or (...) “intellect”) cognize its own states via higher-order (or “reflexive”) representational states? Their debate is representative both because it highlights the central dialectical issues and alternatives at play in medieval discussions of consciousness generally and because it showcases the two main types of approach to consciousness one finds in the later medieval period, namely, those that explain consciousness in terms of intentionality (typically, higher-order intentionality), and those that understand consciousness as a non-intentional, sui-generis mode of awareness. (shrink)

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

Since the first discussion of Brentano’s relation to (and account of) medieval philosophy by Spiegelberg in 1936, a fair amount of studies have been dedicated to the topic. And if those studies focused on some systematic issue at all, the beloved topic of intentionality clearly occupied a hegemonic position in the scholarly landscape . The following pages consider the question from the point of view of ontology, and in a twofold perspective: What did Brentano know about medieval ontology (...) and what kind of access did he have to that material (section 1)? What kind of use did Brentano make of medieval material in his own philosophy, and with what kind of results (section 2)? (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

The Industrial Disputes (Amendment) Bill, 2009 was introduced in the Rajya Sabha on 26th February, 2009. The bill seeks to amend a few provision of the Industrial Disputes Act, 1947. Industrial Disputes and their settlement have been provided in Industrial Disputes Act, 1947. The Act defines the relevant terms and also defines the Industrial Dispute, Industry and the mechanism of the settlement of dispute. Now we will study different dimensions in detail for managerial perspective. The study of Industrial Dispute prevention (...) involves the study of determining the types of disputes and their causes along with the settlement and prevention of disputes in Management. What is the management attitude towards labour.An exploratory study to use in this paper for industrial dispute act and its impact on industrial development for analysis of different dimensions of this topic and the research paper based on secondary data sources. Finally study gives the suggestions and conclusion about how to prevent the industrial dispute. (shrink)

Medieval authors generally agreed that we have the freedom to choose among alternative possibilities. But most medieval authors also thought that there are situations in which one cannot do otherwise, not even will otherwise. They also thought when willing necessarily, the will remains free. The questions, then, are what grounds the necessity or contingency of the will’s acts, and – since freedom is not defined by the ability to choose – what belongs to the essential character of freedom, (...) the ratio libertatis. This article studies medieval theories of freedom without choice from William of Auxerre to William of Ockham and their background in Augustine, Anselm of Canterbury, and Bernard of Clairvaux. (shrink)

With regard to the new directions in the Humanities, here I am going to consider and examine the approach of al-Farabi as a medieval thinker in introducing a new outlook to “language” in difference with the other views. Thereby, I will explore his challenges in the frame of “philosophical humanism” as a term given by Arkoun (1970) and Kraemer (1984) to the humanism of the Islamic philosophers and their circles, mainly in the tenth and eleventh centuries. Al-Farabi’s conception of (...) philosophical humanism, in which philosophy is thick and religion is thin, makes its agony with the other versions of humanism and also orthodox Islam. It means that his introduction of a humanistic understanding of language should be placed in such a multi-level contested environment. According to al-Farabi, language as a universal category has relation with reason that logic should function as its proper instrument. As a result, there is no specific privileged predetermined language, but the position of any language is shaped by its relation with human reason and formal logic that is something human-made. And such a conception means language in human terms. Key Terms: Al-Farabi; Language; Philosophical Humanism; Arabic: Greek . (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four-dimensionalist (...) assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

It is fundamental that, in philosophy, we make sure that we are not mistaking merely verbal disputes, or “conceptual” disputes, for substantive ones. This essay presents a tripartite framework that is useful for clarifying cases where it is difficult to tell whether we are engaged in substantive or non-substantive disputes. For this purpose, the essay offers some combinatorial possibilities between the following levels: verbal, conceptual, and objectual. We need to distinguish whether we are arguing about the world, concepts, or words (...) to avoid talking at cross-purposes and to recognize when our disputes are not worth the time. Distinguishing between these three levels can also throw light and guide research on conceptual engineering, metalinguistic negotiations, metaontology, and so on. (shrink)

In this paper, we argue that, in order to account for the apparently substantive nature of definitional disputes, a commitment to what we call ‘Socratic essentialism’ is needed. We defend Socratic essentialism against a prominent neo-Carnapian challenge according to which apparently substantive definitional disputes always in some way trace back to disagreements over how expressions belonging to a particular language or concepts belonging to a certain conceptual scheme are properly used. Socratic essentialism, we argue, is not threatened by the possibility (...) that some apparently substantive definitional disputes may turn out to be verbal or conceptual, since this pluralist strategy, in our view, requires a commitment to more, rather than fewer, essences. What is more, a deflationary, metaphysically ‘light-weight’ construal of the essence-ascriptions in question leads to a peculiar conception of the pursuit of metaphysicians as behaving like deceptive (or self-deceived) grammarians pretending to be scientists. Moreover, this deflationary attitude, we argue, spreads beyond metaphysics and philosophy more broadly to apparently substantive definitional disputes in the sciences as well as other in other disciplines, such as art criticism. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

UNRWA’s Mediation Process is a key element in the organization’s efforts to strengthen its internal justice system. The research aims to study the reality of mediator competencies, emotional intelligence and case characteristics variables, (UNRWA) Gaza. The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. The researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a semi-structured (...) interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: UNRWA should adopt mediation as a method to resolve disputes at workplace instead of following litigation before the courts, as many organizations today increasingly started to adopt mediation as a method to resolve disputes at workplace. This will help decreasing the high cost, non-flexibility, and threatening features of disputes and conflicts resolution before courts, as well as enhance the relationship between disputant parties. Mediators are essentially recommended to attend regular training such as guiding negotiation processes, employing group sessions properly, overcoming obstacles, summarizing & analytical skills and selecting emotional words and phrases, it is also important to encourage the mediation experts' training workshops and meetings. Regular training sessions will not only improve skills and abilities, but will also imply variety and flexibility. This leads to having competent qualified mediators who are able to resolve organization’s workplace disputes in a way, which satisfies the need of disputants. (shrink)

The 13th-15th centuries were witness to lively and broad-ranging debates about the nature of persons. In this paper, I look at how the uses of ‘person’ in logical/grammatical, legal/political, and theological contexts overlap in the works of 13th-15th century contemplatives in the Latin West, such as Hadewijch, Meister Eckhart, and Catherine of Siena. After explicating the key concepts of individuality, dignity, and rationality, I show how these ideas combine with the contemplative use of first- and second-person perspectives, personification, and introspection (...) to yield a concept of 'person' that both prefigures Locke's classic 17th century definition and deeply influences the development of personalism. (shrink)

This paper defends substantivism about disputes in the metaphysics of composition. That is, it defends the view that disputes about the metaphysics of composition are substantial: they are neither merely apparent disputes in which disputants are talking past one another in virtue of disagreeing about the truth conditions for certain sentences; nor are they disputes in which there is no fact of the matter in the world in virtue of which one party to the dis-pute is right and the other(s) (...) wrong. (shrink)

Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining to sovereignty, (...) proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

It is assumed that the parties to the FTA will carry out their commitments in good faith. Persons and companies would risk capital and may suffer potential loss; therefore FTAs require a strong legal foundation incentivizing stability, transparency and compliance with obligations. -/- The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading (...) partners. (shrink)

This article suggests a change of perspective on philosophy’s engagement with its past. It argues that rather than the putative purport of giving life to the past philosopher’s work, philosophical engagement with the past gives life to one’s own. Drawing on the neo-pragmatist thesis of Robert Brandom, it suggests looking to what philosophers do when they attribute meaning to concepts and considering their engagement with the past as appropriation in consequence. By scrutinizing Robert Pippin’s opposing thesis of philosophical engagement with (...) the past as dialogue, and carefully examining Brandom’s, the article suggests an account for appropriation that shows it to be non-dialogical, and hence unable to yield the fruits associated with this conception, but also insightful and rich with other philosophical values. Brandom and John McDowell’s dispute over the interpretation of Wilfrid Sellars provides an illustration of the proposed perspective and of those values. (shrink)

There are two dominant approaches towards understanding medieval Muslim philosophy: Greek ancestry approach and religiopolitical context approach. In the Greek ancestry approach, medieval Muslim philosophy is interpreted in terms of its relation to classical Greek philosophy, particularly to the philosophy of Plato and Aristotle. The religiopolitical context approach, however, views a thorough understanding of the religious and political situation of that time as the key to the proper understanding of medieval Muslim philosophy. Notwithstanding the immense significance of (...) the two approaches for understanding medieval Muslim philosophy, the question on the reason behind medieval Muslim philosophers’ preference for Plato’s Republic over Aristotle’s Politics in political philosophy is not accurately answered. This preference is usually attributed either to the availability or unavailability of the text or to the suitability or unsuitability of the text for Islamic theological views. However, this article shows that neither the availability or unavailability of text nor its suitability or unsuitability for Islamic religious and theological views can appropriately explain medieval Muslim philosophers’ preference for Plato’s Republic over Aristotle’s Politics in their political thought. This article proposes that the key to understand this preference lies in understanding the transmission of Greek philosophy to medieval Muslim philosophers. Contribution: This study highlights the significance of the thorough understanding of the transmission of Greek philosophy to medieval Muslim world as one of the important approaches towards proper understanding of medieval Muslim philosophy, particularly medieval Muslim political philosophy. (shrink)

This paper surveys medieval Christian philosophy.

Usually thoughts are not in isolation but in varing degrees have interrelations with each other. With regard to this historical fact as a classist want to explore the reception of a few medieval Arabic texts and writers of Socrates available teachings about politics.

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will also be presented. (...) The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

William of Ockham (d. 1347) is well known for his commitment to parsimony and for his so-called ‘razor’ principle. But little is known about attempts among his own contemporaries to deflect his use of the razor. In this paper, I explore one such attempt. In particular, I consider a clever challenge that Ockham’s younger contemporary, Walter Chatton (d. 1343) deploys against the razor. The challenge involves a kind of dilemma for Ockham. Depending on how Ockham responds to this dilemma, his (...) razor will, Chatton argues, either prove unacceptably dull when it comes to determining ontological commitment or prove unacceptably sharp when it comes to determining commitments entailed by certain theological doctrines. While Chatton’s objection is subtle and interesting in its own right, the broader significance of the debate between these thinkers lies in the light it sheds on medieval approaches to issues surrounding metaphysical methodology. (shrink)

A central dispute in social ontology concerns the existence of group minds and actions. I argue that some authors in this dispute rely on rival views of existence without sufficiently acknowledging this divergence. I proceed in three steps in arguing for this claim. First, I define the phenomenon as an implicit higher-order disagreement by drawing on an analysis of verbal disputes. Second, I distinguish two theories of existence—the theory-commitments view and the truthmaker view—in both their eliminativist and their constructivist variants. (...) Third, I examine individual contributions to the dispute about the existence of group minds and actions to argue that these contributions have an implicit higher-order disagreement. This paper serves two purposes. First, it is a study to apply recent advances in meta-ontology. Second, it contributes to the debate on social ontology by illustrating how meta-ontology matters for social ontology. (shrink)

A set point in the historical time line stands as the medieval period. The medieval period in history was the era in European history – from around the 5th to the 15th century, coming after the fall of the Western Roman Empire, and preceding the start of the early modern era. This historical time period has been long since been the victim of film directors and romantic novelists, which has lead to the common, but false, idea of the (...) medieval period consisting of knights and damsels in distress, wizards and dragons, and castles and battles. Although mainly wrong in most parts and being highly historically inaccurate – some aspects of the dramatic works do play true to the original time period. Certainly within British/English history we have a huge heritage in the medieval world and so it is quite easy to look for how aspects of this period develop through time but still retain relevance for people today. (shrink)

The paper aims to address the following two questions: what kind of discourse is that which attempt to found or defend the autonomy or the boundaries of a discipline? Why do such discourses tend to turn into normative, dogmatic-excommunicating discourses between disciplines, schools or scholars? I will argue that an adequate answer may be found if we conceive disciplines as dogmatics, where such discourses often take the form of a discourse on the foundation of a discipline, a foundation in the (...) name of which the scholar speaks and with which he/she entertains an identity relationship. To this purpose I will re-examine the methodological discourses of (and debates between) Pareto, Croce and Einaudi on the demarcation issue between philosophy, economics and value-judgments as highly instructive to understand such issues. (shrink)