This Article shows how three modern English thinkers — Hobbes, Locke and Bentham — construe the law as an intersection of secular eternity on the one one hand and transience in modernity on the other, allowing for immovability and movement at the same time, combining stability with change. It details how these theorists, who undoubtedly have earned themselves places of honor in the canon of modern political thought, tried to solve the problem of self-grounding in three different and (...) yet paradigmatically modern ways, each of them intertwining law and time in a different fashion, and each of them connecting both law and temporality to happiness. Thus this Article shows not only that these three British thinkers claim in one way or another that while natural desires may provide pleasure, only the law can bring happiness, but also emphasizes that, in their view, the transformation of the former into the latter entails a transformation of temporal consciousness. Thereby this Article foregrounds two elements that are crucial to an understanding of how seventeenth and eighteenth century British thinkers envisaged the transformation of pleasure into happiness by means of the law: first, the notion that the law creates or reinforces duration in social life, and second, the idea that the law can harness the immediacy of desires by assuring the legal protection of enduring pleasures, which lead to happiness. (shrink)

The author discusses natural law reasoning, from the 1960s in the context of Pope Paul VI’s Humanae vitae, to recent cultural and intellectual currents and their influence on the tradition. The challenges that have skewed acceptance of a common human nature and the existence of natural law are addressed. The author shows how the debate on contraception initiated this challenge against natural law reasoning and led to a more evolutive concept of human nature. Attention is drawn to (...) a need for natural law theorists trained in both modern science and Thomistic philosophy to engage the different scientific fields to clarify, adapt, rethink, and even modify the natural law language in accord with the latest discoveries compatitible with evolutionary findings. (shrink)

“De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual life (...) generally.” Law today, wrote Weber, “is all too tangibly (in the great majority of its determinations, and especially in many which are particularly important in terms of principle) revealed to be both the product and the technical medium of a compromise of interests,”. (shrink)

The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation (...) of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

Building on the system of reason provided for by the Greek philosopher and specifically Aristotle, St. Thomas Aquinas built a comprehensive system and theory of natural law which has lasted through the ages. The theory was further developed in the Middle Ages and in the Enlightenment Ages by many a prominent philosopher and economist and has been recognized in the Modern Age. The natural law-theory and system has been repeatedly applied to the spheres of economic thought and (...) has produced many lasting contributions such as private property rights and individual rights. In recent times with the collapses of the financial system and rapid globalization, there has been a renewed interest in the application of natural law theory to economics to counter a certain anthropology and distortion of values created by a modern economic system of selfpreservation deriving its insights from the philosophies of Thomas Hobbes and Niccolo Machiavelli. (shrink)

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

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity (...) and teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

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

As is generally known, Newton’s notion of universal gravitation surpassed various theories of particular gravities in the early modern age, as represented mainly by Kepler and Hooke. In his seminal work “Hooke and the Law of Universal Gravitation: A Reappraisal of a Reappraisal” Richard S. Westfall argues that Hooke could not reach beyond the concept of spatially bounded particular gravities, as he deployed the method of analogy between the material principle of congruity and incongruity and the extension of gravitational (...) spheres and their action at a distance. However, the doctrine of universal gravitation does not exclude the nature of particular gravities; it is predicated on the notion of an infinite expansion of individual-gravitational spheres and their uniform nature, namely the mutual and centripetal attraction. In my treatise I attempt to reinvestigate the nature and structure of gravitation, as established historically in the framework of Newtonian Classical Mechanics, by a method of structural intuition. It examines how the structural intuition, as represented in the celestial-mechanical intuitions of Hooke and Kepler, could unfold into an innovative process within the context of early modern mechanical philosophy, attaining thus a historical significance and legitimacy as against the prevailing Newtonian method of geometric-mathematical axiomatization of mechanical principles. It also explores the actual demonstrative features of the tidal phenomenon with regard to its lunar- and solar-gravitational causation, which has been considered to date to be an important piece of empirical evidence for the theory of universal gravitation. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist (...) naturally does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the (...) history of modern thought on law and politics. (shrink)

Contemporary Humeans treat laws of nature as statements of exceptionless regularities that function as the axioms of the best deductive system. Such ‘Best System Accounts’ marry realism about laws with a denial of necessary connections among events. I argue that Hume’s predecessor, George Berkeley, offers a more sophisticated conception of laws, equally consistent with the absence of powers or necessary connections among events in the natural world. On this view, laws are not statements of regularities but the most general (...) rules God follows in producing the world. Pace most commentators, I argue that Berkeley’s view is neither instrumentalist nor reductionist. More important, the Berkeleyan Best System can solve some of the problems afflicting its Humean rivals, including the problems of theory choice and Nancy Cartwright’s ‘facticity’ dilemma. Some of these solutions are available in the contemporary context, without any appeal to God. Berkeley’s account deserves to be taken seriously in its own right. (shrink)

Modern science began as natural philosophy, an admixture of philosophy and science. It was then killed off by Newton, as a result of his claim to have derived his law of gravitation from the phenomena by induction. But this post-Newtonian conception of science, which holds that theories are accepted on the basis of evidence, is untenable, as the long-standing insolubility of the problem of induction indicates. Persistent acceptance of unified theories only in physics, when endless equally empirically successful (...) disunified rivals are available, means that physics makes a persistent, problematic metaphysical assumption about the universe: that all disunified theories are false. This assumption, precisely because it is problematic, needs to be explicitly articulated within physics, so that it can be critically assessed and, we may hope, improved. The outcome is a new conception of science—aim-oriented empiricism—that puts science and philosophy together again, and amounts to a modern version of natural philosophy. Furthermore, aim-oriented empiricism leads to the solution to the problem of induction. Natural philosophy pursued within the methodological framework of aim-oriented empiricism is shown to meet standards of intellectual rigour that science without metaphysics cannot meet. (shrink)

In this article, I discuss the Protestant contribution to the modern concept of autonomy on the basis of an analysis of John Calvin's moral theology. I show that Calvin affirms our incapacity to know and want what is morally good, as expressed by natural law. Such incapacity is compensated for by the biblical mandates that, according to Calvin, should be incorporated into the positive legislation of Christian republics. In view of all this, I conclude that Calvin is far (...) from the Kantian idea of autonomy which defines our Modernity. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...) legal regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (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)

David Hume's famous riddle of induction implies a second problem related to the question of whether the laws and principles of nature might change in the course of time. Claims have been made that modern developments in physics and astrophysics corroborate the translational invariance of the laws of physics in time. However, the appearance of a new general principle of nature, which might not be derivable from the known laws of physics, or that might actually be a non-physical one (...) (this means completely independent of physical science) supports the notion that the course of nature can change in time. Here it is argued that natural selection satisfies the criteria that identify a general principle of nature which so far, appears to be non-derivable from the known laws of physics and therefore, it is likely that it arose in the course of time, thus leaving open again the quest for a true solution to Hume's second problem. (shrink)

The research identified the key element on P. R. China’s incentives in modern history on techtransfer practices. With reviewing on the state funding surrogacy in the natural sciences, the author identified the key militant coercive contracting clauses in the document of the National Natural Science Foundation of China. With its combined workings with the statutory & martial laws, the analysis takes a com- parative culture approach that partially counteracts the work of the “United Front Working Group of (...) the CPC”, which constitutes as the major cyber espionage organization that manifests upon the communication & information technologies. The “United Front”’s work has substabtially undermined the premices of market economy and eroded the markets’ self-organizing & self-regulating functionalities. With heterogenous semantic networks taken into consideration, the psychosociological elements were taken into consideration even with the psychological data codings in the semantic networks of P. R. China. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the (...) transition from the state of nature to civil society. I then briefly point out how bringing this concept back to the fore could help to illuminate the current discussion on the foundations of basic human rights, and to evaluate cases where these seem to clash with property rights. (shrink)

This book contextualizes David Hume's philosophy of physical science, exploring both Hume's background in the history of early modern natural philosophy and its subsequent impact on the scientific tradition.

Can stable regularities be explained without appealing to governing laws or any other modal notion? In this paper, I consider what I will call a ‘Humean system’—a generic dynamical system without guiding laws—and assess whether it could display stable regularities. First, I present what can be interpreted as an account of the rise of stable regularities, following from Strevens [2003], which has been applied to explain the patterns of complex systems (such as those from meteorology and statistical mechanics). Second, since (...) this account presupposes that the underlying dynamics displays deterministic chaos, I assess whether it can be adapted to cases where the underlying dynamics is not chaotic but truly random—that is, cases where there is no dynamics guiding the time evolution of the system. If this is so, the resulting stable, apparently non-accidental regularities are the fruit of what can be called statistical necessity rather than of a primitive physical necessity. (shrink)

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

Modernity seemed to be the autumn of eternity. The secularization of European culture provided little sustenance to the concept of eternity with its heavy theological baggage. Yet, our hero would not leave the stage without an outstanding performance of its power and temptation. Indeed, in the first three centuries of the modern period – the subject of the third chapter by Yitzhak Melamed - the concept of eternity will play a crucial role in the great philosophical systems of the (...) period. The first part of this chapter concentrates on the debate about the temporality of God. While most of the great metaphysicians of the seventeenth century – Suarez, Spinoza, Malebranche, and Leibniz – ascribed to God eternal, non-temporal, existence, a growing number of philosophers conceived God as existing in time. For Newton, God’s eternity was simply the fact that “He was, he is, and is to come.” A similar view of God as being essentially in time was endorsed by Pierre Gassendi, Henry More, Samuel Clarke, Isaac Barrow, John Locke, and most probably Descartes as well. In the second part of the chapter we study the concept of eternal truth, and its relation to the emerging notion of Laws of Nature. The third part of the chapter explicates Spinoza’s original understanding of eternity as a modal concept. For Spinoza, eternity is a unique kind of necessary existence: it is existence that is self-necessitated (unlike the existence of other things whose necessity derives from external causes). Eternity is the existence of God or the one substance. Yet, Spinoza claims that if we conceive finite things adequately - “sub specie aeternitatis” – as nothing but modes flowing from the essence of God, even finite things (like our minds) can take part in God’s eternity. The fourth and final part of the chapter is mostly focused on the reception of Spinoza’s original conception of eternity by Leibniz and other eighteenth century philosophers. (shrink)

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two (...) concepts, another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

Four propositions relative to the laws of nature in the classical period must be noted. 1. Certain regularities in phenomena had been discovered. 2. A concept of law had emerged. 3. Classical science is characterized by the introduction of the notion of the legality of nature. 4. New uses of the word «law» had appeared in scientific texts. This article is devoted to the analysis of only this last proposition, that is to say to a terminological problem. First we will (...) describe the semantic uses of the word «law» that may have contributed to the constitution of its classical meaning: its specific usage, disciplinary usage, usage in physics, in mathematics, in metaphysics. Second we will analyze the various moments of the diffusion of the word in the sciences in the xviith century. The general thesis defended in the end is that if the term «law» had indeed been used in science with no reference to a law-giving God prior to the xviith century, only this reference, that is, the coming together of its physical and its metaphysical usage, allowed its generalization in the period between the xviith and xviiith centuries. (shrink)

Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but not both. (...) While my goal in this article is to refute the alleged incompatibility, not to determine its historical roots, some speculation about its origin may be illuminating. Recent work on religious identity in the United States suggests that Americans largely identify Christianity with the right wing of the American culture war. Additional research is required to fully grasp where this perception comes from, but one can venture several guesses: the rise of the “Christian Right” in Republican Party politics of the late 1990s and early 2000s, the concept of “social justice” being lampooned by Right-wing talk show hosts, and decades of a Catholic Church that firmly opposed Cold War-era Soviet Communism. The contrast between left-wing and right-wing thought on social issues (same-sex marriage, abortion, etc.) is very well documented and widely discussed. Differences between leftists and natural lawyers on economic issues, however, are more often assumed than argued for. Perhaps this is a matter of “guilt by association,” with those arguing that leftist social policy is at odds with natural law simply assuming that the same must be the case with leftist economic policy as well. Thus, natural law, long tied to Christianity throughout its history, is gratuitously appropriated by right-wing political ideology. Against this claim of incompatibility, I argue that one can rationally hold both socialism and natural law to be true. In his landmark Natural Law and Natural Rights, John Finnis offers what is arguably the twentieth century’s most complete theory of natural law. I will argue that the conception of socialism laid out by G.A. Cohen in hisWhy Not Socialism? is compatible with Finnis’s account of the human goods, and that natural lawyers can therefore reasonably endorse Cohen’s prescription for socialism. (shrink)

Bertrand Russell once pointed out that modern science doesn’t deal with causal laws and that assuming otherwise is not only wrong but such thinking is erroneously thought to do no harm. However, looking into the scientific practice of simulation or experimentation reveals a general causal comprehension of physical processes. In this paper I trace causal experiences to the existence of innate causal capacity by which we organize sensory information. This capacity, I argue, is something we have got in virtue (...) of natural selection as can be seen from experiments with intelligent animals like crows and chimpanzees. So understanding the empirical world is impossible without the use of causal categories. The reason why Russell believed that modern science does not refer to causal laws is, I think, because he argued that the laws of mathematical physics give us a non-causal description of reality. In contrast to such a claim I hold that theoretical laws are prescriptive rules of description rather than descriptions themselves. (shrink)

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. (...) Despite this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

Since the time of Aristotle's students, interpreters have considered Prior Analytics to be a treatise about deductive reasoning, more generally, about methods of determining the validity and invalidity of premise-conclusion arguments. People studied Prior Analytics in order to learn more about deductive reasoning and to improve their own reasoning skills. These interpreters understood Aristotle to be focusing on two epistemic processes: first, the process of establishing knowledge that a conclusion follows necessarily from a set of premises (that is, on the (...) epistemic process of extracting information implicit in explicitly given information) and, second, the process of establishing knowledge that a conclusion does not follow. Despite the overwhelming tendency to interpret the syllogistic as formal epistemology, it was not until the early 1970s that it occurred to anyone to think that Aristotle may have developed a theory of deductive reasoning with a well worked-out system of deductions comparable in rigor and precision with systems such as propositional logic or equational logic familiar from mathematical logic. When modern logicians in the 1920s and 1930s first turned their attention to the problem of understanding Aristotle's contribution to logic in modern terms, they were guided both by the Frege-Russell conception of logic as formal ontology and at the same time by a desire to protect Aristotle from possible charges of psychologism. They thought they saw Aristotle applying the informal axiomatic method to formal ontology, not as making the first steps into formal epistemology. They did not notice Aristotle's description of deductive reasoning. Ironically, the formal axiomatic method (in which one explicitly presents not merely the substantive axioms but also the deductive processes used to derive theorems from the axioms) is incipient in Aristotle's presentation. Partly in opposition to the axiomatic, ontically-oriented approach to Aristotle's logic and partly as a result of attempting to increase the degree of fit between interpretation and text, logicians in the 1970s working independently came to remarkably similar conclusions to the effect that Aristotle indeed had produced the first system of formal deductions. They concluded that Aristotle had analyzed the process of deduction and that his achievement included a semantically complete system of natural deductions including both direct and indirect deductions. Where the interpretations of the 1920s and 1930s attribute to Aristotle a system of propositions organized deductively, the interpretations of the 1970s attribute to Aristotle a system of deductions, or extended deductive discourses, organized epistemically. The logicians of the 1920s and 1930s take Aristotle to be deducing laws of logic from axiomatic origins; the logicians of the 1970s take Aristotle to be describing the process of deduction and in particular to be describing deductions themselves, both those deductions that are proofs based on axiomatic premises and those deductions that, though deductively cogent, do not establish the truth of the conclusion but only that the conclusion is implied by the premise-set. Thus, two very different and opposed interpretations had emerged, interestingly both products of modern logicians equipped with the theoretical apparatus of mathematical logic. The issue at stake between these two interpretations is the historical question of Aristotle's place in the history of logic and of his orientation in philosophy of logic. This paper affirms Aristotle's place as the founder of logic taken as formal epistemology, including the study of deductive reasoning. A by-product of this study of Aristotle's accomplishments in logic is a clarification of a distinction implicit in discourses among logicians--that between logic as formal ontology and logic as formal epistemology. (shrink)

The modern concept of ideology was established by the liberal politician and philosopher Destutt de Tracy, with the objective of creating an all-embracing and general science of ideas, which followed the sensualist and empiricist trend initiated by Locke that culminated in the positivism of Comte. Natural selection and immunity are two key concepts in the history of biology that were strongly based on the Malthusian concept of struggle for existence. This concept wrongly assumed that population grew faster than (...) the means of existence. This “natural” law contained implicitly the idea that the poor and least gifted would not survive. This idea led to the progressive development of the concept of natural selection, whose definitive version was given by Darwin. Mechnikov took the concepts of struggle for existence and natural selection and conceived infectious diseases as a struggle between a host and its invader, the so-called phagocytosis theory. This theory created the necessity to possess mechanisms to discriminate between the own and the foreign, and led to the conception of the immune self. These concepts were not developed from ideas coming from perceptions or sensations, but from ideas coming from their values: individual interest, inevitable inequality, property, utility and profit. Values are ideals that constitute an ideological matrix which exerts a numinous activity and influence the development of our future actions. In consequence, science and its practice cannot avoid and ignore the values that drive them and impulse them towards certain directions. (shrink)

The way of laws is as much a defining feature of the modern period as the way of ideas; but the way of laws is hardly without its forks. Both before and after Descartes, there are philosophers using the concept to carve out a very different position from his, one that is entirely disconnected from God or God’s will. I argue that Francis Bacon and Baruch Spinoza treat laws as dispositions that derive from a thing’s nature. This reading upends (...) the currently orthodox treatment of Spinoza’s laws as infinite modes, and calls for a re-conception of his metaphysics of causation. (shrink)

We will show with examples that all results of modern science are based on or derived from assumptions. Since assumptions cannot be valid for nature and engineering, modern science therefore cannot represent the nature, and be applicable to nature and engineering. For the same reason results of modern science can never be demonstrated. On the other hand the Vedic science is entirely based on observations, just like what Galileo observed. Vedic science does not therefore has any assumptions, (...) and it is a record of what you see is happening in nature. The Vedic science also has another very crucial difference – it observed two types of causes: (a) efficient cause and (b) material cause, behind every phenomenon. As a result Vedic science is universal and eternal. We will illustrate all results of Vedic science with observations in nature. Such examples will be beyond comprehension of modern science. (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of (...) actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

RESUMO:O objetivo deste artigo é discutir sobre os conceitos de obrigação e lei natural, tendo como referência o polêmico debate moderno envolvendo intelectualismo e voluntarismo. Em um primeiro momento, destacaremos a rejeição de Wolff ao voluntarismo de Pufendorf e sua orientação em direção ao intelectualismo de Leibniz. Conforme essa nova orientação, uma teoria da lei natural não deve basear seu conceito de obrigação na autoridade das leis e em seu poder coercitivo, mas, por outro lado, unicamente na ideia (...) de necessidade moral, interpretada como expressão da ligação natural universal dos seres racionais com o dever. Em um segundo momento, apresentaremos os efeitos dessa discussão no pensamento inicial de Kant, que, se posicionando diante mesmo de Wolff e Baumgarten, vai empreender a superação de seus predecessores, através de uma revisão conceitual do problema, a qual culminará nos pressupostos de sua doutrina ética madura. -/- ABSTRACT:This paper highlights the debate around the concepts of obligationand natural law, with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws and in their coercive power, but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics -/- This paper highlights the debate around the concepts of obligation and natural law , with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws (established as an arbitrary decree of God) and in their coercive power (interpreted as fear of punishment), but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights (...) are based on equality and individual independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

The explanation of nature in theoretical terms was first postulated and initiated by Ancient Greek philosophers. With the rise of monotheistic religions, however, curiosity about our transient world was widely regarded as contributing nothing to salvation. There was a decline in natural philosophy, which lasted for several centuries and was then reversed both in Islamic philosophy and in Christian theology in the Middle Ages. At this point, the "Book of Nature" was recognized as a complement to the Book of (...) Revelation. Originally, Aristotelian philosophy played the leading part in this process, but only after Aristotelian physics was substituted by experimental mathematical mechanics did it become possible for modern science to develop. General laws of physics form the basis of the explanation of events in space and time, including life processes. However, modern science has also revealed its own limitations. The scope and limits of scientific knowledge allows for different philosophical, cultural and religious interpretations of human beings and the universe. The history of science demonstrates erratic and persistent developments, but the long-term retrospective view discredits extreme forms of relativism and structuralism. Science appears as a construct of the human mind, and yet it is capable of generating valid explanations of nature. In the book more attention than usual is given to Cusanus (Nikolas de Cusa). -/- . (shrink)

The issue discussed in this paper is as topical today as it was in the early modern period. The Reformation presented with heightened urgency the question of how to relate the system of beliefs and values regarded as fundamental by an established political community to alternative beliefs and values introduced by new groups and individuals. Through a discussion of the views on toleration advanced by some key early modern thinkers, this paper will revisit different ways of addressing this (...) problem, focusing on the relationship between truth and toleration. The comparison between different proposals in their historical and political contexts, will reveal a variety of understandings of toleration and of models for its promotion. These understandings will be shown to be grounded in different conceptions of religious belief, of its relation to truth, and of human reason’s ability to reach it. They will provide a map of possible models for addressing conflict in a pluralist world from which lessons of enduring relevance can be learnt. The upshot of the paper is that, from a theoretical point of view, the culprit in intolerance is not in itself belief in some objective truth. Some of the common assumptions about the denial of religious truth or the reduction of religious truth to a minimal creed as the best paths to universal toleration will be challenged. Likewise, the narrative centred on England and France which has led to the celebration of the heroes of a supposedly ‘universal’ toleration that still manages to exclude millions of people will be shown to be in need of significant revision. After discussing approaches based on the rights of the individual conscience and on the unknowability of religious truths above human reason, the paper will finally investigate whether grounds for a general and principled theory of toleration can be found in religious truth itself and, following the tradition of natural law, in some universal truth discoverable by natural reason. (shrink)

The article argues that Hobbes articulates a modern problematic of reason, where the shared rationality of human beings is an integral part of the danger they present to each other, and where reason suggests a solution, the social contract and the laws of nature, enforced and interpreted by absolute sovereign authority. This solution reflects a tension in modern reason itself, since it requires the alienation of self-determination of the rational human subject precisely to preserve the condition for the (...) possibility of the rationality of the rational human subject, i.e. one’s life, which is threatened by the very rationality of other human subjects. I discuss interpretations of Hobbes which stress the other motives of conflict, i.e. competition and vanity, and acknowledge that they play a role in the threat subjects present to each other, but argue that the danger presented precisely by shared rationality, which I discuss with some reference to the Hegelian dialectic of consciousness and mutual recognition, has been underplayed by Hobbes’ interpretation. (shrink)

Palawan is a land of promise, and of paradox. On maps, it appears on the edge of the Philippines, isolated. Indeed, it is a kind of last frontier. Its population remained tiny for centuries, the government offering homestead land in the 1950s practically for free to attract migrants from outside. The Palawan State University was established by law in 1965, but did not become operational until 1972. A commercial airport did not exist until the 1980s, and for many years, flights (...) were limited. Yet Palawan is one of the oldest sites of human habitation in the Philippines with the famous Tabon Cave human fossils. The oldest bone fragment here has been dated to be about 47,000 years. We know, too, that trade with China goes back several centuries. Today, Palawan seems to be making up for lost time with new commercial investments pouring in at breakneck speed. In particular, outsiders have rediscovered its potentials around logging, mining, fisheries, and tourism. This has caused concern among individuals and civil society organizations who want sustainable development, and see the commercial developments mainly as extractive, not just of natural resources but of the human. There’s very cheap labor available. And when potential investors marvel about cheap land, they’re actually talking about displacing earlier settlers, including indigenous people, from their lands. A subtle but still insidious aspect of the exploitation of human resources is a transformation of the very concept of human development. Using the rhetoric of modernity, residents in Palawan are reorienting the way they view themselves as well as their families and friends. The value of a human being now hinges on how they look, and the desired appearance is defined from the outside, as we see in this anthology of research reports coming from the Chemical Youth project of the University of Amsterdam and the University of the Philippines Diliman. We read about the importance of fair skin as a projection of cleanliness, of high social status (meaning someone not engaged in manual labor and therefore not exposed to the sun). We read of how “femininity” is defined around body contours, and cosmetics, and how hormones are used by male-to-female transgenders. We go beyond the visual, reading about the importance of controlling or enhancing body odors among tour guides, who interestingly are especially concerned about the bad odor management of their foreign customers, using car perfumes to keep their work manageable and we learn how difficult it is for security guards to stay alert during their long shifts. Energy drinks and cigarettes help them perform their duties. All these transformations through what the French philosopher and historian Michel Foucault has called “technologies of the self” are as paradoxical as Palawan. On the surface, the products—which are technologies—seem to be mainly in the realm of the self but are, in reality, pushed, through marketing, from the outside, in contexts of inequality and exploitative labour relations. Personal aspirations are not personal but are for predefined standards of modernity, related to work-related demands and expectations. The self must be made presentable to the tourist, to the customers in malls, and to those who may threaten the properties that young people protect. It is not surprising that these transformations become problematic for the “self.” The skin whiteners, the hormones, the body deodorants, and the energy drinks are expensive and can distort budgetary priorities. The money for tonic drinks, for example, could well go into more nutritious food. The tragedy, too, many of the products used are of doubtful safety and efficacy. Even the energy drinks have much too high levels of caffeine that can cause cardiac palpitations. Cosmetics and the skin whiteners imported from China and unregistered with the Food and Drug Administration may contain toxic chemicals like mercury. But even registered skin whiteners can be problematic, their so-called “skin-whitening effect” coming about because they take away the upper layers of the skin, leaving behind a red glow (seen as “whitening”) which is actually inflammation. The whitened skin fails to protect against the sun, leading to adverse effects such as black spots. Ultimately though, the problems come with the very definition of the self. As the reports show, young people use the chemicals with some ambivalence, knowing how expensive they are and experiencing some of the undesirable side effects. There is, too, doubt about whether what they’re doing is indeed “good,” captured by how IP women will put on cosmetics only when they’re away from home and about to go to work. The cosmetics have to be removed before they return home because they are not socially acceptable. The research reports are not for Palawan alone. It must make us more critical and discerning as we revisit concepts of development and exploitation, modernity and tradition, self and community. The chemicals, in many ways, are like the products used in precolonial barter trade. For the Chinese, the beeswax and the sea cucumbers, for the inhabitants of Palawan the ceramics, represented faraway lands. To have those products gave prestige. Today, the skin whiteners and tonic drinks and other chemicals described in this anthology represent modernity with promises of not just of a more attractive self, but of better jobs, a better life. We are proud to have worked with the Palawan State University, and the people of Palawan, to gather powerful narratives that will now challenge the outside, the purveyors of modernity, to be more critical and discerning, the chemicals now to be seen not just as stuff applied to the biological body, but as powerful shapers of social bodies. (shrink)

This is a technical treatise for the scientific-minded readers trying to expand their intellectual horizon beyond the straitjacket of materialism. It is dedicated to those scientists and philosophers who feel there is something more, but struggle with connecting the dots into a more coherent picture supported by a way of seeing that allows us to overcome the present paradigm and yet maintains a scientific and conceptual rigor, without falling into oversimplifications. Most of the topics discussed are unknown even to neuroscientists, (...) biologists, philosophers, and yet are based on the findings published in their own mainstream peer reviewed literature or on deep insights of the scientific, philosophical and spiritual giants of the past. -/- A scientific, philosophical, and spiritual overview of the relationship between science and spirituality, neuroscience and the mystery of consciousness, mind and the nature of reality, evolution and life. A plaidoyer for a science that goes beyond the curve of reason and embraces a new synthesis of knowledge. The overcoming of the limitations of the intellect into an extended vision of ourselves and Nature. A critique of physicalism, the still-dominant doctrine that believes that all reality can be reduced to matter and the laws of physics alone. A review and reassessment of the old and new philosophical and metaphysical ideas which attempts to bring closer Western and Eastern traditions where science, philosophy, consciousness, Spirit and Nature are united in a grand vision that transcends the limited conventional scientific and philosophical paradigm. A possible answer to the questions of purpose and meaning and the future evolution of humankind beyond a conception that posits a priori a purposeless and meaningless universe. A report of the new scientific discoveries of a basal intelligence in cells and plants, on the question if mind is computational, the issue of free will, the mind-body problem, and the so called ‘hard problem of consciousness’. An essay on ancient as modern philosophical conceptions, from the One of Plotinus, the God of Spinoza until the recent revival of panpsychism or the universal consciousness. A journey into quantum physics from the perspective of philosophical idealism and an invitation to adopt new ways of seeing that might help us to transform our present understanding, expanding it into an integral cosmology, with a special emphasis on the spiritual and evolutionary cosmology of the Indian seer Sri Aurobindo. -/- Not just a philosophical and metaphysical meditation but, rather, an appeal to work towards a change of consciousness, a widening of our perspective towards a new way of seeing beyond a purely mechanistic worldview to avoid a social, environmental and economic collapse. Humans are transitional beings that will have to make a choice: relapse into a pre-rational state or evolve towards a new trans-rational species supported by an ideal of human unity in diversity as the expression of a spiritual evolutionary process, the call of the Spirit on Nature. (shrink)

Beyond reveals evidence of three of the most sought after universal and human mysteries - the origin of the universe, the location of God's spiritual dimension, and the origin of human consciousness. Beyond unveils a highly syntactic, pragmatic paradigm, a universal, interconnecting system that places access to all pre-existing potential knowledge in the possession of humanity. Dr. Sprock reveals these three discoveries as the Occam's razor (Scientific principle: All things being equal, the simplest explanation tends to be the correct one) (...) of explanations of how the universe was created, the location of God's spiritual dimension, and the origin of human consciousness. This new knowledge takes humanity to its final destination. We can now tap into the universal vault of information that is coded into the universal frequencies within the fabric of the universe that have their origin in the infinite, spiritual dimension of God consciousness. How the systems of the universe function are brought to Earth level and are explained as to how they work in everyday living situations. The emotional burden carried by humans, due to lack of understanding, of why situations and circumstances occur are lifted, freeing you to focus on your life without emotional upheavals that distract you from your destiny's path. Beneficiaries are empowered to choose anew rather than continually recall and repeat undesired patterns of resistance-attraction and self-sabotage. This knowledge will bring greater joy and prosperity into your life. All the dots of modern science and ancient scripture have been connected. The code has been cracked and now will shift the perception human consciousness has of reality, forever. This is a huge game changer for the consciousness of humankind. Once this knowledge is introduced, accepted, and then applied to your daily routines, you will receive the boost needed to surge beyond your 10-12% brain usage at this point in your history. The Bose-Einstein Condensation is in direct concurrence with Dr. Sprock's location of God consciousness; the wave/frequency aspect of Nature yields the mental/consciousness; the particle/matter aspect of Nature yields the material. Dr. Sprock applies this phenomenon to the God consciousness/human consciousness connection. Dr. Sprock takes the Condensate a step further and explains the location of God consciousness existing in a spiritual, infinite dimension that spatially extended Spiritual DNA consciousness through frequency (Wave), which then vibrated to form density particles (Matter), creating the three dimensions of the physical universe and the origin of human consciousness. The frequencies carry the codes of God consciousness to human consciousness via the physical brain and the subconscious mind hologram. (shrink)

Prior Analytics by the Greek philosopher Aristotle (384 – 322 BCE) and Laws of Thought by the English mathematician George Boole (1815 – 1864) are the two most important surviving original logical works from before the advent of modern logic. This article has a single goal: to compare Aristotle’s system with the system that Boole constructed over twenty-two centuries later intending to extend and perfect what Aristotle had started. This comparison merits an article itself. Accordingly, this article does not (...) discuss many other historically and philosophically important aspects of Boole’s book, e.g. his confused attempt to apply differential calculus to logic, his misguided effort to make his system of ‘class logic’ serve as a kind of ‘truth-functional logic’, his now almost forgotten foray into probability theory, or his blindness to the fact that a truth-functional combination of equations that follows from a given truth-functional combination of equations need not follow truth-functionally. One of the main conclusions is that Boole’s contribution widened logic and changed its nature to such an extent that he fully deserves to share with Aristotle the status of being a founding figure in logic. By setting forth in clear and systematic fashion the basic methods for establishing validity and for establishing invalidity, Aristotle became the founder of logic as formal epistemology. By making the first unmistakable steps toward opening logic to the study of ‘laws of thought’—tautologies and laws such as excluded middle and non-contradiction—Boole became the founder of logic as formal ontology. (shrink)

My thesis in this paper is: the modern concept of laws of motion—qua dynamical laws—emerges in 18th-century mechanics. The driving factor for it was the need to extend mechanics beyond the centroid theories of the late-1600s. The enabling result behind it was the rise of differential equations. -/- In consequence, by the mid-1700s we see a deep shift in the form and status of laws of motion. The shift is among the critical inflection points where early modern mechanics (...) turns into classical mechanics as we know it. Previously, laws of motion had been channels for truth and reference into mechanics. By 1750, the laws lose these features. Instead, now they just assert equalities between functions; and serve just to entail (differential) equations of motion for particular mechanical setups. This creates two philosophical problems. First, it’s unclear what counts as evidence for the laws of motion in the Enlightenment. Second, it’s a mystery whether these laws retain any notion of causality. That subverts the early-modern dictum that physics is a science of causes. (shrink)

In the article, I consider seven metaphysical postulates that lie in the foundations of modern physics. These are postulates: about the nature of space-time, about the existence, about the direction of time, about the causality, about the elementary event, about the nature of information and about the immutability of laws. The directions of critical analysis and possible radical revision of these postulates are briefly presented. It is supposed that this revision can indirectly contribute to the development of a theory (...) that will be able to generalize quantum phenomena, gravity and the evolution of the universe. (shrink)

In his "Elementa Iuris Naturae et Gentium" Johann Gottlieb Heineccius presents a unique account of love as the principle of natural law, referring to the main concern of early modern protestant theories of natural law: the importance of securing subjective rights by a law. Heineccius accepts the universal character of subjective rights derived from human nature, claiming their protection as natural duties required by a law. This chapter provides an attempt to explain the specific ways in (...) which Heineccius deals with the paradoxical situation that the protection of subjective rights by a natural law theory requires certain limitations of the use of such rights, in order to avoid the mutual collision of such rights. For this purpose it focuses on the rights to free thought and free speech, which are very good example for that. While the first part reconstructs the way in which Heineccius claims the specific concern of natural law and points out continuities and discontinuities with his predecessors, the second part focuses on the requirement of natural law for limitation of free thought and free speech in case of collision of subjective rights. (shrink)

In the beginning, the Spirit of God stirred absolute nothingness. The stirring generated waves that turned into physical matter with relative space-time and the other laws of nature. Then God dispersed the matter that eventually formed into galaxies. Roughly ten billion years later, God intervened to bring forth the first cellular life, and God continued to orchestrate mutations and natural selection that culminated with the formation of anatomically modern humans.