An Empire of the Scholars: Transnational Lawyers and the Rule of Opinio Juris

The eternal conflict between justice and violence is the theme of director John Ford's last great film, The Man Who Shot Liberty Valance. In the world of the American West where Ford's story is set, justice does not just happen; it is a work of manly courage that encompasses a willingness—in extreme cases—to kill those men, such as Liberty Valance, who challenge law and order. Justice will require, as Plato said, a rightly ordered soul, but it will be a soul that must do violence to realize justice in a world that too often resembles a Hobbesian state of nature. In Ford's view, the truth of these violent origins of justice are more likely to be obscured than illuminated by the civilized historian's account of this truth. And we do violence not merely to justice but also to truth itself if we fail to respect the hard reality that civilization requires such measures.     

Civil Power and the Deconstruction of Scholasticism in the Thought of Marc'antonio de Dominis

Summary

Marc'antonio de Dominis is well known to historians as a figure in the political and religious culture of early modern Britain and Europe. This article contends that he was also a major theorist of civil power: his critique of Catholic scholastic political thought is compelling and his account of divine right kingship sheds light on conceptual problems that troubled a range of early modern thinkers. De Dominis dismantled the scholastic theory of political power on its own terms, insisting that Almain, Bellarmine, Suárez and others could not distinguish, as they sought to, between the potestas politica in general and the rule of particular princes. By this insight de Dominis could vindicate royal authority against the deposing pretensions of the Pope, the main objective of James I's supporters during the Allegiance Controversy, but his own positive account of how to think about power ran into theoretical trouble which he evidently perceived himself. If the potestas politica cannot be abstracted from a specific regime, and if the prince's absolute sovereignty depends on this fact, can politics be understood only at the level of the particular and contingent? The article closes by setting Thomas Hobbes—well versed in Jacobean polemic—in the context of this question.     

Oliver O'Donovan's Critique of Autonomy

Abstract

More than any other contemporary theologian, Oliver O'Donovan has revived political theology as a field of enquiry. Yet O'Donovan has been consistent in his critique of the modern idea of autonomy, judging it to be at odds with the more communitarian idea of covenanted community found in the Hebrew Bible/Old Testament. He contrasts this modern idea, and its political implications, with the older biblical idea, also adding some basic points from Aristotle's idea of the polis. But unlike many contemporary communitarians, O'Donovan is also able to incorporate the idea of human rights into his political theology. He sees this supposedly modern idea having fuller precedence in the biblical idea of mishpat ("justice"), which he takes to be God's primordial claim on His covenanted community, a claim that sufficiently grounds both individual rights and communal rights and which enables them to function together. However, O'Donovan draws the line when it comes to the modern social contract theory, arguing that it is at odds with biblical teaching that the primary responsibility of rulers is to divine law. While agreeing with O'Donovan's rejection of autonomy and his acceptance of human rights, this paper argues against O'Donovan's theological rejection of social contract theory. Instead, it argues that a social contract is consistent with the doctrine of the covenant; indeed that the very possibility of the social contract is best explained by the doctrine of the covenant, and that this acceptance of the social contract serves the best political interests of covenanted communities (like the Jewish People and the Christian Church) in an otherwise secular world.     

Two AHA Sessions: The Revolutionary Mr. Kuhn and the Evolutionary Mr. Bertalanffy

Abstract

Quantitative methods of content analysis have become established in most subfields of political science, but remain relatively unutilized in studies of political theory, despite the exclusive focus of that subfield on textual sources. This article develops a variation of content analysis—termed usage analysis—and employs it to resolve a standing debate in scholarship on Cicero's political theory regarding the synonymy of the major Latin terms for the state (civitas and res publica). The resulting distinction between these concepts then informs an exposition of Cicero's ideal state not as the Roman Republic itself or the mixed constitution alone, but as a universal, everlasting political society supported by justice, a mixed constitution, and active citizenship.     

Models of disability,ideas of justice,and the challenge of full participation

The definitions of disability adopted in the UN Convention on the Rights of Persons with Disabilities (CRPD) necessitate an important change in the way disability is assessed and introduce a new idea of justice in relation to persons with disabilities. The article starts by reviewing the various ‘models of disability’ prevailing in the past and the respective ideas of justice underlying them. The charity model, for instance, was rooted in ideas of divine justice and human beneficence, where care for the disabled led in practice to their being segregated from the rest of society, while the medical model saw justice in terms of treatments or compensations for individual pathologies rather than of positive enablement for active living. The CRPD overturns these models and the related conceptions of justice by emphasising society's obligations towards persons with disabilities and, above all, their human right to full inclusion and participation in society. The key concepts are empowerment and capability. In Italy these concepts and this new conception of justice have started to be applied by the Osservatorio nazionale sulla condizione delle persone con disabilità, the body created to monitor the effective application of the CRPD in Italy, and they are included in the two-year action programme on disability, approved by the Italian government in October 2013.     

Responsibility Ethics and Postliberalism: Rereading H. Richard Niebuhr's The Meaning of Revelation

Abstract

Postliberals have hailed H. Richard Niebuhr's The Meaning of Revelation as a harbinger of narrative theology. A careful reading of Niebuhr's argument, however, suggests a theological ethic that is at once attentive to the narrative formation of agency and yet distinct from postliberalism because of its attention to the divine object of Christians' stories. Niebuhr's theocentrism yields a view of narrative as opened from the inside because it requires appropriation of what he calls "external" narratives in order to do justice to the sovereignty of God. The result is a theological ethic which is sharply critical of modern conceptions of agency and yet continually sifted by contemporary insights and experience.     

Biblical Law and Human Formation

Abstract

The article aims to show a relationship between biblical law, or Torah, and human formation or spiritual growth. In a sympathetically critical dialogue with Burnside’s God, Justice and Society, and biblical theologians such as G. von Rad, H. H. Schmid, E. Otto and F. Crusemann, it considers the proper human response to law in terms of a vocation to understand the divine ordering of reality. Specific topics addressed include the relationship between “revealed” law and universal knowledge, law and wisdom, biblical law’s capacity to critique cultural norms, and the mandate implicit within biblical law for ongoing reinterpretation, across cultural boundaries.     

The Vietnam War as Theo-Drama: Balthasar,Kenosis, and the Cold War's Temporal Desperation

Abstract

This paper analyzes the Vietnam War through the lens of Hans urs von Balthasar's "theological-drama." According to Balthasar, the unfolding of God's eternal self-giving illumines creaturely temporality as desperate when turned inward, no longer desiring its eternal fulfillment but rather idolatrously grasping its own immanent meaning. By contrasting Balthasar's portrayal of divine kenosis with American foreign policy and its "domino theory" view of Southeast Asia, this paper shows how desperation privatizes and colonizes temporal space.     

Free Trade Agreements and the Neo-Liberal Economic Paradigm: Economic,Ecological, and Moral Consequences

Abstract

Since signing and implementing the North American Free Trade Agreement (FTA) in the early 1990s, the United States has pursued other free trade agreements with nations in Latin America and Asia. The premise undergirding FTAs is that trade liberalization within the neo-liberal global economy produces economic growth and development among all parties, and reduces poverty in poor nations. We examine arguments of proponents of free trade and the neo-liberal economy— particularly those of Martin Wolf, author of Why Globalization Works— to test these claims. We explore alternatives that center on norms of ecological sustainability and social justice, holding these two as inseparable. The central moral question of how to achieve needed socioeconomic development in the Global South in ways that are both ecologically sustainable and socially just frames our analysis. We conclude by proposing five principles for an alternative, more sustainable and equitable economic paradigm.     

The spring,the seed and the tree: Gregory of Tours on the wonders of nature

In the preface to his liturgical calendar The reckoning of the course of the stars Bishop Gregory of Tours (538–594) — author also of Ten books of histories and Eight books of miracles as well as of a Commentary on the understanding of the Psalter (of which, however, only fragments are preserved) — declares God's “wonders” of the natural world to be superior to the seven ancient wonders of the world. The reason for this is that the latter, being works of men, are subject to decay and destruction, while the former, as miraculous works of God, are divinely sustained and renewed daily or annually, thereby becoming imperishable. An examination of the associative contexts in which two of these wonders — the sea (enlarged to include water in its various forms) and plant life — occur in the rest of Gregory's works reveals several essential themes of his thinking not only about nature, but also about God, man and society. Thought, for him, nature as a (divinely sustained) system of regularities does exist as a kind of backdrop, sudden unpredictable divine — and sometimes diabolic — action in and through phenomena occupies the center of the stage. Gregory tends to see this action in the shape of what he regards as pre-existing images or patterns of invisible spiritual truth, to which the visible, even material, structure of events must necessarily conform. He shows, too, how this action could reflect as well as meet various needs of the individual and of society as a whole. An association which recurs almost constantly in his treatment of divine action in these natural phenomena, which he sometimes describes as analogous to that in man, is precisely that with the cluster of closely related concepts of renewal, rebirth and creation ex nihilo. Together with what appears as an extreme, as it were ‘poetical’, sensitivity to sudden perceptions and intuitions, something like a longing for and surrender to what he describes as “astonished admiration” may have helped to make possible his recognition of that which he designated as divine creative power in the world of visible reality as well as in man's inner experience. His seeing this as an essential dynamic of the holy may mean that he felt it to be a fundamental need and concern not only of the individual personality but also, more obscurely, of the society in which he found himself.     

Esoteric Tangles

Abstract

I attempt here a very general reply to the preceding sixteen essays by addressing the broad, structural constraints of my book, from which many of the particular problems raised in the essays flow. Philosophy Between the Lines is an effort to give a very sweeping account—theoretically and historically—of a phenomenon that is, in many respects, highly particularized and situation specific. The characteristic sin of the book is overgeneralization or simplification. In the present essay I attempt a brief and partial clarification, primarily by selecting one main theme of the book—defensive esotericism—and redescribing it from a more localized and fine-grained perspective.     

The Purpose-Driven Darwinist: Henry Ward Beecher and the Theology of Progress

Henry Ward Beecher's sermon series on evolution in the summer of 1885 reconciled Christianity to the new science in a way that asserted far more than the mere compatibility of natural selection and divine providence: The Brooklyn preacher appropriated Darwinism to support a uniquely bourgeois political theology, one that envisioned the spiritual progress of humanity through commercial republicanism, aided by a morally assertive (but emphatically modernist) church. Coming from so prominent a clergyman, this early adaptation of evolution theory highlights the liberal and postmillennial tendencies of American Christianity in the late nineteenth century, as well as the pliability of Darwin's scientific insights to diverse social agendas. Beecher's sermons, however, also open a window onto the philosophical dilemmas that preoccupied early progressives. Addressing both the ontological revolution of Darwinism and the social realities of industrialization, Beecher articulates an account of progress that succeeds without the supervision of government, that prizes the liberty and property of the individual, and that arches toward a télos of moral perfection – a perfection that conforms, more or less, to the Protestant ethic.     

Clarifying divine discourse in early modern science: divinity,physico-theology,and divine metaphysics in Isaac Newton’s chymistry

Isaac Newton, like many of his contemporaries, appears to have distinguished between the practice of divinity, founded on divine revelation, and philosophical considerations of God derived from the study of nature. This article evaluates these distinct modes of divine discourse through a close reading of the chymical content of Newton’s optical writings and his correspondence with Thomas Burnet regarding Genesis. Newton’s chymical exploration of divine activity in the natural world in Query 31 to the Opticks (1704) seems independent from Scripture in its physico-theological demonstration of God from natural phenomena and its divine metaphysical reliance on a priori concepts of God to establish principles of nature. Nonetheless, the sensorium analogy by which he explored divine agency in nature drew directly from the biblical doctrine of the imago Dei. Moreover, Newton used his chymical understanding of nature to access the natural-philosophical realities behind the accommodated words of the Mosaic creation account.     

Marriage and the Law: Politics and Theology in Measure for Measure

Abstract

In Measure for Measure, Shakespeare portrays a clearly political problem: a city whose citizens are so unable to govern themselves that only the most severe legal punishments appear capable of restoring civic order. Yet the play's conclusion, for all its dramatic fireworks, does not obviously resolve this problem. All that happens, it appears, is that everyone gets married. Understanding marriage's political significance, therefore, is key to unraveling the play's political teaching. By carefully framing marriage within Pauline language of sin and grace—and in particular by using the image of death and rebirth through baptism—Shakespeare offers a theological as well as a political image of a kind of self-government capable of easing the city's legal dilemmas and reconciling justice with mercy.     

By analogy to the element of the stars: the divine in Jean Fernel's and William Harvey's theories of generation

ABSTRACT

In trying to develop their respective theories of generation, Jean Fernel and William Harvey both drew repeatedly on Aristotle's suggestion that something “analogous to the element of the stars” was involved. The analogy with the stars suggested something celestial or divine, and both thinkers subscribed to the dominant assumption that God is the primary cause of generation, but, as natural philosophers, they were expected to develop theories based on secondary causes. Fernel simply defined “divine” as “hidden” or “occult”, and developed a sophisticated occult explanation of how generation takes place. Harvey, by contrast, rejected occult explanations, and, although offering tentative alternatives, ultimately failed to discover any convincing naturalistic account. It is the contention of this paper that Harvey resorted, therefore, to the direct intervention of God in the process of generation.     

James Naughtie,The Accidental American: Tony Blair and the Presidency

Abstract

The terms "justice" and "necessity" are often employed in discussions of war. The just war tradition seeks to delineate when wars are and are not just; other theologians who do not find this approach helpful may nevertheless resort to the logic of necessity. Although unjust, some wars may still be deemed necessary. Barth employs both the language and logic of justice and necessity in his approach to war. The purpose of this paper is to address Barth's exposition of war in relation to his approach to divine justice and the necessity of Christian affliction. It does not attempt to make any large claims about the just war tradition or other approaches to war. Rather, it is intended to be an immanent critique of Barth from Barth's own theology, showing that, although consistent with his view of church and state, Barth's theology of war is inconsistent with his view of both God's character as just and the external necessity of affliction to Christian witness.     

Witchcraft,Human Nature,and Political Theology in Jean Bodin’s de la Démonomanie des sorciers

ABSTRACT

Jean Bodin (1530–1596) is most well-known as the thinker Carl Schmitt credits for modern absolutist sovereignty and political theology. Contemporary critics of sovereignty, following Schmitt, ascribe to Bodin a theological politics of obedience and the negation of individual and collective human freedom through authoritarian discipline (Cocks, Joan. On Sovereignty and Other Political Delusions. London: Bloomsbury Academic, 2014). Yet, a dedicated study of Bodin’s own political theology remains wanting. His most extensive discussion of theology and law is in his more obscure work on the jurisprudence of witchcraft. In de la Démonomanie des sorciers (1580), Bodin provides a theological account of a divinely created rational order where benevolence and evil are at work in the world. Humans must exercise the free will to choose between them. Bodin’s theological anthropology anchors his political theology with important implications for the proper exercise of human political power within the natural and divine order.     

Les sermons sur saint Antoine et le bon usage de la prédication comme ‘vertu’

Abstract

One of the main reasons for Saint Anthony of Padua’s holy fame and reputation is his activity as a preacher. This article begins with a review of the hagiographical legends referring to preaching as a virtue or gift of divine grace, and the importance of Iulianus of Speyer’s works in spreading the concept of preaching as a virtue is hightlighted. Then follows a discussion of a series of texts written between about 1250 and 1350, which seeks to shed light on the identification of recta et fructuosa praedicatio (right and fruitful preaching activity) with Anthony’s wisdom (sapientia) or knowledge (scientia). It can be seen that this message was expounded over a relatively broad timespan from the 1280s onwards. There is also evidence of an interdisciplinary problem, which seems to involve not only the preachers belonging to the Order of Friars Minor, but also those who were called to preach to them from outside the Order itself. Three possible reasons for the appearance of preaching on the list of virtues are suggested. It may have originated from the attempt to assimilate contemporary preachers with the model of holiness provided by Anthony or from an effort to create a counterbalance to the vices of the tongue that were supposed to plague the preachers’ audiences. It may also be an indicator of a more general debate on praedicatio as a gift of divine grace in opposition to those who believed it was merely the result of a studied technique.     

Liberal Government,Civil Society and Faith Communities

Abstract

This article explores the relationship between faith communities and the liberal system of government which operates in contemporary Britain. The problem addressed is as follows: liberal democracy relies upon the assumption of the validity of certain general truths: human rights, social justice, individual autonomy, and so on. In our postmodern society, however, social fragmentation has eroded the validity of such assumptions, leaving no universal or neutral benchmark through which to judge competing truth-claims. In particular, different faith traditions posit potentially incommensurable claims about what constitutes a good society. This article assesses the suggestion that in our pluralistic and differentiated society, more and more social decisions should be left to the market or to private rather than collective judgment and responsibility. It suggests various possibilities for reconceptualizing liberalism: for instance, as a modus vivendi providing a framework within which different moral outlooks can ‘live and let live’, but suggests that liberalism can have a positive moral content of its own, and need not be merely a coping mechanism for dealing with diversity.