This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

El presente artículo estudia las representaciones de mujeres con VIH/sida, en el libro Tiempos del SIDA. Relatos de la vida real, de Myriam Francis. El trabajo inicia con un análisis sobre la exclusión de los sujetos femeninos de la literatura “seropositiva” latinoamericana. Se plantea que las pocas representaciones que existen se enfocan en “mujeres sospechosas”, lo cual se repite, hasta cierto punto, en los textos de Francis seleccionados: “La última puerta”, “La viuda alegre” y “La chica alegre”. Luego, (...) se ofrece una explicación sobre el contexto en el que surgen las historias, un “pabellón-moridero” que se describe más bien como un espacio ameno, el cual, sin embargo, enfatiza la tragicidad que rodea a cada “caso”. Después, se estudian los tres relatos mencionados, en los que se mueven los símbolos primarios del mal (la mancilla, el pecado y la culpabilidad), de manera que una mujer es representada como una “víctima inocente” y otras, como “víctimas culpables” (fundamentalmente por sus “estilos de vida nocivos”). Finalmente, el trabajo concluye que la narrativa de Francis moviliza algunos principios de la “teoría de la degeneración”, para explicar las situaciones experimentadas por los personajes femeninos y ofrecer un mensaje didáctico-moralizante. (shrink)

Pope Jorge Mario Bergoglio released the "Encyclical Laudato Si': on the care of common home" on June 18, 2015, the same day that the National Oceanic and Atmospheric Administration has shown that the temperature of Earth continues increasing and that May of 2015 was Earth's warmest month, since 1880. By endorsing the scientific knowledge in relation to anthropogenic factors on global warming and by defending actions to confront the causes of climate change and ecosystem degradation, the Holy See has taken (...) a key step to put Catholics at the forefront of global ecological struggle and to encourage the signing of the global treaty to replace the Kyoto Protocol at the 21st Conference of the Parties, that will take place in December in Paris. But the encyclical of Pope Francis proposes a larger task that is to protect the poorest of the poor countries, addressing jointly the human environment and the natural environment from the perspective of an integral ecology. The purpose of this paper is to analyze the advances and limitations of the propositions of the encyclical Laudato Si ' and to expand the dialogue on gender relations and deep ecology. (shrink)

This paper advances a provisional case denying the attribution of the medieval liturgical sequence Sanctitatis nova signa, written in honor of Saint Francis of Assisi, to Thomas of Celano (died c. 1260), who is best known for writing the earliest biography of the saint. The Conventual Franciscan friar and bishop, Pietro Ridolfi, provides the oldest extant attribution of this sequence to Celano. Luke Wadding (died 1657) echoes this point in his Annales Minorum; several recent critical editions of early Franciscan (...) texts, as well as countless secondary sources, cite Wadding for the attribution to Celano. This identification remains problematic, not only due to the lateness of the Ridolfi-Wadding claim; the sequence's use of Dionysian mystical motifs and details unique to Bonaventure's Legenda Major (completed 1262) should exclude the possibility of Celano's authorship. Consequently this study tentatively dates the sequence to the latter part of the thirteenth century. Unlike the earlier sequences for Saint Francis attributed to Pope Gregory IX (died 1241) and Thomas of Capua (died 1243), Sanctitatis depicts Francis as a model Dionysian mystic. This mystical exemplarity becomes the image of unity advanced by the Franciscans to heal the internal crises plaguing the order in the later thirteenth century. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On Buddhist-Christian Studies in Relation to DialogueFrancis V. TisoIn taking on the task of co-editing Buddhist-Christian Studies, it would seem appropriate to provide some background by way of introduction. Being a disciple of Brother David Steindl-Rast, O.S.B., a man who refuses to sign his name with capital letters, since the late 1960s, it goes against my grain to write too much about myself. Therefore, the following comments are meant (...) also to serve as a foreword to the current issue.My own background in Buddhist-Christian studies has its roots in ongoing collaboration with Br. David, who will be remembered for his decades-long study of Zen and his affectionate rapport with the San Francisco Zen Center community, among others. I later studied interreligious dialogue and its theological implications with George Rupp and Harvey Cox at Harvard Divinity School. In order to let my studies sink their roots into contemplative soil, I served as Br. David's assistant at the Benedictine Grange and then went on to edit theological books at the Seabury Press in New York. Thanks to the kindness of the late and revered Alex Wayman, I was able to complete a doctorate in Buddhist Studies at Columbia University and Union Theological Seminary, where I gained some ability to work with Pali, Sanskrit, and Tibetan. I sought additional tutorial guidance from José Pereira of Fordham University, a polymath scholar deeply appreciated for his extraordinary ability to introduce students to the intricacies of Sanskrit literature. Our lengthy conversations about the Baroque Scholastic Catholic theologians formed my eagerness to welcome at least three of the articles in the current issue of BCS. After the doctorate, I continued to pursue study and contemplative practice in Europe and Asia, developing collegial friendships, especially with members of the International Association for Tibetan Studies. In 2003, M. R. John C. Wester, auxiliary bishop of San Francisco, asked me to participate in the Northern California Zen/Ch'an–Catholic Dialogue that had arisen from earlier dialogue programs in various monastic milieux such as Gethsemane and New Camaldoli. In the context of that dialogue, I was asked to serve the United States Conference of Catholic Bishops as associate director of the Secretariat for Ecumencial and Interreligious Affairs in Washington, DC, in 2004.Given this ongoing interplay in my own life between scholarly research and contemplative [End Page iii] practice, it is my hope that BCS will continue to nurture the same interests in its readership. Good scholarship and commitment to the goals of spiritual inquiry should also enrich the dialogue between Buddhists and Christians in various parts of the world. In a recent publication,1 Taigen Dan Leighton describes Dogen's methods with regard to reading: "So in addition to just reading through this material, the student of Zen may likely want to chew slowly at times, find pieces that are especially provocative, stimulating, or unsettlingly challenging, and take a while to consider, reflect, and digest." This is exactly what the Christian contemplative does in lectio divina. Moreover, to persons inclined to this kind of inquiry, even scholarly research gives rise to creative and, at times, truly contemplative insight. Thus even a journal committed to scholarship might find comfort in the "apophatic" methods of Buddhist or Christian contemplatives. Taigen reminds us that Zen sitting practice (zazen) is not the suppression of content. In fact, understanding is expected:Dogen is clearly not recommending zazen as mere blank, mindless sitting. Although he frequently criticizes practice concerned with achievement, or with reaching for particular schematized stages of development, Dogen regularly asks his monks if they thoroughly understand. He is suggesting a practice that is informed by intense inquiry into the ancient teachings, sayings, and dialogues, as well as into our present immediate experience. Throughout formal meditation as well as in our everyday activity, Dogen encourages vivid attention and awareness.In practice, this is nothing less than the interactive application of the principles of the great teachings on emptiness. As a method, the philosophical analysis of emptiness came to have an enormous impact on the Ch'an and Zen traditions; it was a method of "negation" in the sense that it could be... (shrink)

La concepciiin de la tecnología de Bacon aparece dispersa en el Novum Organum, la segunda parte de su obra inacabada, Instauratio Magna. Bacon sienta alli un precedente para el papel que la filosofía contemporánea de la ciencia concede a la tecnologia en la constnicción de la racionalidad cie..

From the convocation of the Gospel, proclaimed by Jesus Christ in Palestine in the 1st century, the outskirts of the Roman Empire, to Pope Francis proposal in announcing it to the existential and geographical peripheries. How to understand the convocation of Jesus Christ to his church? How to understand Pope Francis ecclesiology: Church that goes forth? To dynamize and proclaim the wonders of the Kingdom of God, Christ Jesus built his Church over the Apostles, having Peter as the (...) one responsible for its unit. The Pope has not been saying anything new, but has presented the eternal words of Christ Jesus as something new. The Pontiff brings dynamism and joy to the Gospel of our Lord Jesus Christ. (shrink)

This paper aims to elucidate the emphatic demand of the Listening Pastoral inside the Catholic Church. The Supreme Pontiff, Pope Francis, dreams with a clergy with a greater capacity to handle the Christian community in its most relevant urgencies, such as youth accompaniment, specially an active listening made with attentive ears. From this base the article proposes a new method for accompaniment: a pastoral of listening according to the Humanistic Integrative Counseling model. However, the Listening Pastoral doesn’t have agents (...) with the required formation, therefore, beyond the technique, it is important the attitudes of the professional, who welcomes the marginalized and weakened. At the end of the article a list of attitudes will be presented having in mind a pastoral accompaniment. (shrink)

Estamos cada vez mais céticos em relação à política e aos políticos nessas primeiras décadas do século XXI. A ausência de respostas aos problemas mais próximos dos cidadãos, a dificuldade de representação, além dos frequentes questionamentos morais sobre as práticas dos políticos são alguns dos motivos que fundamentam esse ceticismo. No entanto, há poucas décadas, mantínhamos expectativas melhores acerca das instituições políticas e dos seus líderes. Após os grandes conflitos, derramamentos de sangue e colapsos sociais do século passado, nutrimos grandes (...) expectativas em relação à democracia, a ponto do cientista político Francis Fukuyama defender que havíamos chegado ao “fim da história”: o modo de organização político oferecido pela democracia seria a forma mais estável e definitiva. Governos estáveis, representativos, com participação popular e diálogo atenderiam as demandas das pessoas, que valorizariam cada vez mais as bases democráticas em que viviam. No caso dos locais onde essa forma de organização política ainda não fosse assim, seria uma questão de tempo até haver tal reconhecimento. [...]. (shrink)

La Encíclica Laudato Si’ del Papa Francisco no solo realiza importantes afi rmaciones acerca de las cuestiones ambientales, sino que ofrece también indicaciones muy significativas para la adecuada comprensión de cuestiones antropológicas y éticas relevantes, en particular la ley natural. El presente trabajo intenta mostrar estos aportes y abrir horizontes de diálogo entre la tradición clásica y las posiciones actuales.

From its very beginning, Pope Francis’s Petrine ministry has been full of surprises and he has been a man of contradictions. He has given hope to many, Christians, other believers, and secular humanists, especially with his pastoral approach of mercy, but he has also met with fierce opposition, even among the upper echelon of the hierarchy, some of whom have publicly attacked his orthodoxy and called for his resignation. In his teachings on evangelization, marriage and sexuality, ecology, and social (...) friendship, Francis has opened new paths and challenged the church to make visible the merciful face of God to the world.On interreligious dialogue, the pope, as to be expected, has largely reiterated the teachings of Vatican II and so far has not issued an apostolic exhortation or encyclical on the subject. Consistent with his pastoral outlook he has emphasized the socio-political and cultural aspects of interreligious dialogue and has largely avoided still controverted doctrinal issues. On the other hand, his friendship with many non-Christian leaders and his several obiter dicta have enlarged the interreligious horizon and opened the door for further explorations in the theology of religion and the scope of the interreligious encounter. His explicit acknowledgment of non-Christian religions as “channels” of the Holy Spirit hints at their role as ways of salvation not only for their adherents but also in certain ways for Christians. Furthermore, the four principles of Francisian metaphysics suggest novel and effective ways of conducting interreligious dialogue. (shrink)

This study provides a thorough exegesis of the names of metaphysics according to the proem of the Disputationes metaphysicae by Francis Suarez. The key to its consideration lies in the simultaneous unity between this science and the names assigned to it mainly by Aristotle. Due to the scant attention devoted to this work, this study emphasizes that the epistemic unity of metaphysics is given beforehand –prior to the final consideration and determination of its proper object, which is the entity (...) insofar real entity– by the complementarity of the different perspectives each name of metaphysics denotes. (shrink)

Following the publication of Pope Francis’ Apostolic Exhortation Amoris Laetitia, four aged Cardinals wrote to him asking him to clarify positions in the Exhortation they charged were causing confusion to the faithful. They even suggested he had changed some Catholic doctrines. This essay answers their questions, arguing that Francis has not changed any Catholic doctrine but has changed, in the sense that he has renewed, Catholic pastoral practice. It also argues that, while not changing any Catholic doctrines, he (...) has reprioritized some of them, especially the doctrines of the authority and inviolability of conscience and what he calls the “irregular situations” of cohabitation, same-sex unions, and divorce and remarriage without annulment. (shrink)

ABSTRACT It is well attested that Francis Bacon considered his History of Winds to be an exemplar, but what lessons should be taken from its example have been subject to debate. Instead of looking at this work as a mere model for the fusion of natural history and natural philosophy, it is also possible to see Bacon as trying to provide tentative solutions to outstanding questions regarding the wind, a topic that was deeply scrutinized during the early modern period. (...) An examination of Bacon’s provisional concluding rules reveals deep correspondences with earlier works, such as José de Acosta’s Natural and Moral History of the Indies, that revised classical understandings of the wind based on experience, experiments, and accounts of travels beyond Europe. Understanding the History of Winds as a genuine attempt to solve outstanding questions about the wind uncovers its debt to earlier traditions, including those related to Renaissance natural history, and shows it’s influence in relation to specific theories of the wind beyond its call for methodological reform. (shrink)

Francis Bacon, lawyer, statesman, and philosopher, remains one of the most effectual thinkers in European intellectual history. We can trace his influence from Kant in the 1700s to Darwin a century later. The Advancement of Learning , first published in 1605, contains an unprecedented and thorough systematization of the whole range of human knowledge. Bacon’s argument that the sciences should move away from divine philosophy and embrace empirical observation would forever change the way philosophers and natural scientists interpret their (...) world. (shrink)

F. H. Bradley was the foremost philosopher of the British Idealist school, which came to prominence in the second half of the nineteenth century. Bradley, who was a life fellow of Merton College, Oxford, was influenced by Hegel, and also reacted against utilitarianism. He was recognised during his lifetime as one of the greatest intellectuals of his generation and was the first philosopher to receive the Order of Merit, in 1924. His work is considered to have been important to the (...) formation of analytic philosophy. In metaphysics, he rejected pluralism and realism, and believed that English philosophy needed to deal systematically with first principles. This work, first published in 1893, is divided into two parts: 'Appearance' deals with exposing the contradictions that Bradley believed are hidden in our everyday conceptions of the world; and in 'Reality', he builds his positive account of reality and considers possible objections to it. (shrink)

This book explores the epistemic side of racial and sexual oppression. It elucidates how social insensitivities and imposed silences prevent members of different groups from listening to each other.

2015 Reprint of 1960 Edition. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. The "Novum Organum," full original title "Novum Organum Scientiarum" or 'new instrument of science', is a Bacon's landmark work scientific method. First published in 1620, the title is a reference to Aristotle's work "Organon," which was his treatise on logic and syllogism. Bacon outlines a new system of logic he believes to be superior to the old ways of syllogism. This is now known (...) as the Baconian method.For Bacon, finding the essence of a thing was a simple process of reduction, and the use of inductive reasoning. In finding the cause of a 'phenomenal nature' such as heat, one must list all of the situations where heat is found. Then another list should be drawn up, listing situations that are similar to those of the first list except for the lack of heat. A third table lists situations where heat can vary. The 'form nature', or cause, of heat must be that which is common to all instances in the first table, is lacking from all instances of the second table and varies by degree in instances of the third table. Bacon's work was instrumental in the historical development of the scientific method. Includes Bacon's Essay on "Great Instauration," and "Preparative Toward a Material and Experimental History.". (shrink)

Co-published with the University of Queensland Press. HPC holds rights in North America and U. S. Dependencies. Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. In addition to overall improvements and updates inspired by Chalmers's experience as a teacher, comments from his readers, and recent developments in (...) the field, this fourth edition features an extensive chapter-long postscript that draws on his research into the history of atomism to illustrate important themes in the philosophy of science. Identifying the qualitative difference between knowledge of atoms as it figures in contemporary science and metaphysical speculations about atoms common in philosophy since the time of Democritus offers a revealing and instructive way to address the question at the heart of this groundbreaking work: What is this thing called science? (shrink)

This is the first critical edition since the nineteenth century of Bacon's principal philosophical work in English, The Twoo Bookes of Francis Bacon. Of the proficience and advancement of Learning, divine and humane - traditionally known as The Advancement of Learning.

This volume belongs to the first new critical edition of the works of Francis Bacon (1561-1626) to have been produced since the nineteenth century. The edition presents the works in broadly chronological order and according to the best principles of modern textual scholarship. The seven works in the present volume belong to the final completed stages (Parts III-V) of Bacon's hugely ambitious six-part sequence of philosophical works, collectively entitled Instauratio magna (1620-6). All are presented in the original Latin with (...) new facing-page translations. Three of the seven texts (substantial works in two cases, and all sharing a startlingly improbable textual history) are published and translated here for the first time: these are an early version of the Historia densi, the 'lost' Abecedarium, and the Historia de animato & inanimato. Another--the Prodromi sive anticipationes philosphiae secundae--has likewise never been translated before. Together with their commentaries and the introduction they open the way to important new understandings of Bacon's mature philosophical thought. (shrink)

In this concise, witty critical study, Merquior examines Foucault's work on madness, sexuality, and power and offers a provocative assessment of Foucault as a "neo-anarchist." Merquior brings an astonishing breadth of scholarship to bear on his subject as he explores Foucault using insights from a range of fields including philosophy, sociology, and history.

[opening paragraph] -- Clark: The `astonishing hypothesis' which you put forward in your book, and which you obviously feel is very controversial, is that `You, your joys and sorrows, your memories and ambitions, your sense of personal identity and free will are, in fact, no more than the behaviour of a vast assembly of nerve cells. As Lewis Carroll's Alice might have phrased it: `You're nothing but a pack of neurons'.' But it seems to me that this is not so (...) astonishing a statement for a scientist to make. Isn't this what reductionist science has always believed? (shrink)

This paper defends a contextualist approach to epistemic injustice according to which instances of such injustice should be looked at as temporally extended phenomena (having developmental and historical trajectories) and socially extended phenomena (being rooted in patterns of social relations). Within this contextualist framework, credibility excesses appear as a form of undeserved epistemic privilege that is crucially relevant for matters of testimonial justice. While drawing on Miranda Fricker's proportional view of epistemic justice, I take issue with its lack of attention (...) to the role that credibility excesses play in testimonial injustices. I depart from Fricker's view of the relation between credibility excesses and credibility deficits, and I offer an alternative account of the contributions that undeserved epistemic privileges make to epistemic injustices. Then, through the detailed analysis of To kill a mockingbird, I elucidate the crucial role played by the social imaginary in creating and sustaining epistemic injustices, developing an analysis of the kind of social blindness produced by an oppressive social imaginary that establishes unjust patterns of credibility excesses and deficits. (shrink)