scholarly journals Theologia, Ethics, and Natural Law in Locke's Classifications of Knowledge and Adversaria

Locke Studies ◽  
2014 ◽  
Vol 14 ◽  
pp. 177-237
Author(s):  
Giuliana Di Biase
Keyword(s):  
Natural Law ◽  
Civil Law ◽  
Academic Disciplines ◽  
Christian Life ◽  
Commonplace Books ◽  
Human Understanding ◽  
Moral Duties ◽  
A Priority ◽  
Practical Dimension ◽  
Over Time

Between 1670 and 1687, Locke wrote some classifications of the branches of knowledge and some adversaria containing guidelines for the writing of commonplace books. Both are to be found in his notebooks and journals. Locke’s classifications represent an important source for investigating the role and relevance he attributed to traditional academic disciplines such as Theologia, Metaphysica, and Physica, and, in particular, his manner of conceiving of the object of theology. With reference to the latter, the classifications show important modifications over time: the first schemes (1670–72) are representative of a naturalistic approach to theology, whereas later schemes (1681) are more sensitive to the model introduced by the theological systems of Reformed theologians such as Polanus and Ames, who insisted on the practical dimension of the discipline. ‘Ethica sive lex naturae’, one of the subheadings of Theologia in Locke’s earlier classifications, is absent from those he wrote in 1681, having been substituted by ‘Moralia’: this substitution seems to be motivated by Locke’s intention to emphasize the relevance of the performance of moral duties, the objects of ‘Moralia’, in Christian life. In a later scheme dating from c.1686–7, Locke remoulds his manner of classifying completely—the outline is similar in some respects to the division of the sciences on the last pages of the Essay concerning Human Understanding. Theologia is subsumed under Physica, whereas Politia and Prudentia, two of the main headings in Locke’s earlier classifications, are positioned under a new heading, Practica, inspired by the Aristotelian model. Ethics is located under this heading, before Politia and Prudentia. This ordering might be due to Locke’s intention to emphasize the priority of ethics and its basis, natural law, with respect to politics and civil law, a priority which was not clearly represented in his previous schemes. In order to investigate the role and relevance attributed to ethics and natural law in Locke’s various classifications, I will focus on each scheme separately; in the conclusion, attention will be drawn to another, later outline of Theologia which Locke composed in 1694, where ethics is once again one of the branches of theology but there is no longer any mention of natural law. Revelation, not natural law, appears to be the basis of ethics in this later scheme.

Pirates, Kings and Reasons to Ad: Moral Motivation and the Role of Sanctions in Locke's Moral Theory

2007 ◽  
Vol 37 (1) ◽  
pp. 35-48 ◽  
Author(s):  
Patricia Sheridan
Keyword(s):  
Natural Law ◽  
Moral Theory ◽  
Moral Motivation ◽  
Moral Good ◽  
Natural Laws ◽  
Law Of Nature ◽  
Human Understanding ◽  
Moral Duties ◽  
Moral Rules

Locke's moral theory consists of two explicit and distinct elements — a broadly rationalist theory of natural law and a hedonistic conception of moral good. The rationalist account, which we find most prominently in his early Essays on the Law of Nature, is generally taken to consist in three things. First, Locke holds that our moral rules are founded on universal, divine natural laws. Second, such moral laws are taken to be discoverable by reason. Third, by dint of their divine authorship, moral laws are obligatory and rationally discernible as such. Locke's hedonism, which is developed most fully in his later Essay Concerning Human Understanding, consists in the view that all good amounts to pleasure, with specifically moral good taken to consist in the pleasurable consequences of discharging one's moral duties.

Lisa Sowle Cahill and the Search for a “Functionalist” Paradigm of Feminist Global Ethics

2018 ◽  
Author(s):  
Mark S. Massa
Keyword(s):  
Real World ◽  
Natural Law ◽  
Social Ethics ◽  
Moral Theology ◽  
Global Ethics ◽  
New Paradigm ◽  
The Real ◽  
Boston College ◽  
Moral Duties

This chapter presents an examination of the thoughts and writings of Lisa Sowle Cahill, a moral theologian at Boston College. Taking issue with both Germain Grisez and Jean Porter, Cahill seeks to construct a new paradigm of natural law that addresses feminist and poststructural scholars. Cahill believed that any paradigm of intercultural or interreligious ethics that purported to be describing moral duties in the real world must begin by exploring how ethical questions are intimately tied to the concrete experiences in specific (often religiously diverse) communities. Her paradigm addressed the concerns of feminist and postimperialist scholars in moving beyond the “false universalism” offered by paradigms like that of neo-scholasticism, while offering a “realist” understanding of social ethics that remained true to the realist impulses in Catholic moral theology.

International Court Authority

2018 ◽  
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
Political Science ◽  
International Criminal ◽  
Contextual Factors ◽  
Academic Disciplines ◽  
International Courts ◽  
International Court ◽  
Context Shapes ◽  
Criminal Matters ◽  
Over Time

Identifying the “varied authority” of international adjudicators as a common object of inquiry, this book develops a framework to conceptualize and analyze international court authority with the goal of assessing how contextual factors affect international courts’ authority, and therby their political and legal influence. Scholars drawn from a range of academic disciplines—namely law, political science, and sociology—have contributed to this book and examine the varied authority of thirteen international courts with jurisdictions that range from economic to human rights, to international criminal matters. Interdisciplinary commentaries reflect on what the framework and findings imply for the study of international court authority and legitimacy. Focusing on both global and regional adjudicatory systems, the chapters explore different ways in which contextual factors contribute to the fragility of each court’s authority over time and across the breadth of their jurisdiction. A conclusion pulls together the collective insights of how context shapes the authority of international courts.

Does Originalism Have a Natural Law Problem?

2021 ◽  
Vol 39 (2) ◽  
pp. 361-367
Author(s):  
John Mikhail
Keyword(s):  
Natural Law ◽  
Interesting Case ◽  
Primary Sources ◽  
Main Argument ◽  
Over Time

Gienapp's critical move is to shift our attention from semantics to ontology. What is the Constitution? How was it conceived to exist in 1787, and how has that conception changed over time? These questions must be squarely addressed, he insists, before asking what the Constitution means. Does this whole text-focused enterprise rest on a mistake? Drawing on a wealth of primary sources and modern scholarship, Gienapp makes a strong and interesting case that it does. Boiled down, his main argument is that the founders were predominantly natural lawyers, and thus conceived of law quite differently than most originalists typically do.

Calvin and Equity

2021 ◽  
pp. 73-87
Author(s):  
Alexander Batson
Keyword(s):  
Natural Law ◽  
Crucial Role ◽  
Civil Law ◽  
The Other ◽  
Legal Training

This chapter argues that the concept of equity plays a crucial role in Calvin’s early writings, especially in the Commentary on Seneca and the 1536 edition of the Institutes. Calvin embraces two distinct yet inseparable meanings of the term ‘equity’. One sense is as an interpretative principle of natural law, and the goal at which all civil law aims. The other sense is an application of the interpretative sense, in which a ruler or judge amends a civil law that is too strict or too general to take into account all the particularities of a certain case. Calvin’s concept of equity displays both his humanist legal training as well as the critical place of natural law in his theology.

scholarly journals Dynamic capabilities as (workable) management systems theory

2018 ◽  
Vol 24 (3) ◽  
pp. 359-368 ◽  
Author(s):  
David J Teece
Keyword(s):  
Systems Theory ◽  
Dynamic Capabilities ◽  
Systems Approach ◽  
Business Environment ◽  
Academic Disciplines ◽  
Management Systems ◽  
Holistic View ◽  
Individual Enterprise ◽  
Management Leadership ◽  
Over Time

AbstractIn management studies, systems theory is an underexplored construct consistent with the dynamic capabilities framework. The systems approach received attention from management scholars in the middle of the last century, but, since then, has been largely abandoned. Meanwhile, academic disciplines have continued to narrow their focus. The capabilities and systems frameworks both adopt a holistic view that calls for all elements of an organization to be in alignment, and both recognize the importance of some form of learning for the purpose of adaptation. Dynamic capabilities go further by recognizing that organizations not only adapt to the business environment, they often try to shape it, too. While systems theory emphasizes internal stability over time and homogeneity across similar systems, dynamic capabilities include an explicit role for management/leadership that allows systemic change to start from within, which is the source of heterogeneity across firms. Dynamic capabilities are part of a system that includes resources and strategy. Together they determine the degree of competitive advantage an individual enterprise can gain over its rivals.

Examining the Integration of Virtual and Physical Platforms From Luxury Brand Managers' Perspectives

2021 ◽  
pp. 44-61
Author(s):  
Paola Peretti ◽  
Valentina Chiaudano ◽  
Mohanbir Sawhney
Keyword(s):  
Longitudinal Study ◽  
Business Model ◽  
Digital Transformation ◽  
The Internet ◽  
Luxury Brand ◽  
Online Technologies ◽  
A Priority ◽  
Primary Focus ◽  
Luxury Market ◽  
Over Time

“The internet dilemma” was the concept used to describe luxury brand companies' initial reluctance to integrate online technologies into their business model. However, over time, luxury brand companies have understood that moving towards digital transformation is the only way to survive on the market and appeal to the new luxury brand consumers. In a few years, digitalisation has become a priority for all luxury brand companies that started to integrate digital and physical platforms to engage consumers through all touchpoints of their shopping journey. In light of the topic's relevance and considering the primary focus of research on consumers, this chapter aims to deepen the digitalisation phenomenon in the luxury market involving the little-explored luxury brand managers' perspective. The authors conducted a longitudinal study to compare the main changes in integrating digital and physical platforms from the managers' perspective between 2014 and 2020. In this endeavour, they also considered how the COVID-19 pandemic had affected luxury brand companies' digitalisation.

scholarly journals Becoming a Refugee: Reflections on Self-Understandings of Displacement from the Syrian Case

2018 ◽  
Vol 52 (2) ◽  
pp. 299-309
Author(s):  
Wendy Pearlman
Keyword(s):  
Middle East ◽  
International Law ◽  
Government Policy ◽  
Forced Migration ◽  
Academic Disciplines ◽  
Displaced Persons ◽  
Bottom Up ◽  
Physical Displacement ◽  
Over Time

AbstractInternational law, government policy, and a range of academic disciplines all demonstrate different approaches to the task of defining who is a refugee. Yet how do refugees define themselves? When, how, and why do they come to identify with this term, or not? This essay offers reflections on these questions based on interviews with hundreds of displaced Syrians in the Middle East and Europe from 2012 to 2018. Syrian experiences illustrate how individuals’ self-understandings as refugees evolve over time as a contingent process not necessarily coterminous with actual physical displacement. I trace how these self-understandings are generated as shifts in three indicative relationships: displaced persons’ relationships to their expectations of return to their homeland; their relationships to their pre-flight lives; and their relationships to the word “refugee” itself. This focus on the bottom-up, organic development of a new subjectivity suggests how one's self-definition as a refugee might be less a quality or state that exists synonymously with forced migration than it is an identity that comes into existence gradually over time. That is, it is the product of a process of “becoming” more than “being.”

scholarly journals Disproportional Ownership Devices: Reviewing the Last 25 Years of Research

2016 ◽  
Vol 11 (4) ◽  
pp. 22 ◽  
Author(s):  
Sara Saggese ◽  
Fabrizia Sarto
Keyword(s):  
Financial Markets ◽  
Policy Making ◽  
Civil Law ◽  
The Other ◽  
Main Research ◽  
The One ◽  
Lock In ◽  
Practical Implications ◽  
Scholarly Attention ◽  
Over Time

<p>The paper aims to systematize the literature on disproportional ownership devices by reviewing and classifying 148 articles published in international academic journals over the last 25 years. The findings show that the scholarly attention on disproportional ownership devices has grown over time. Most papers adopt the agency framework and examine the mechanisms for leveraging voting power and to lock-in control, especially in civil law countries. Corporate governance journals prevail as leading outlets, despite the lack of publications specialized on the topic. Finally, the literature systematization highlights a research taxonomy based on outcomes and drivers of disproportional ownership devices. The article has both theoretical and practical implications. First, it develops a literature framework that systematically outlines the main research streams on the topic and identifies under-explored issues so as to guide future scholarly efforts. Second, it highlights the implications of disproportional ownership devices for company outcomes and reporting. Thereby, on the one hand, it supports managers in selecting the appropriate combination of these mechanisms so as to attract and retain investors. On the other hand, it emphasizes the importance of proper policy making interventions to improve transparency, openness and competitiveness of financial markets.</p>

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