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Projections of Spanish Jesuit scholasticism on British thought : new horizons in politics, law and rights
This book highlights the powerful impact of some important Spanish Jesuits (Suárez, Acosta, Ribadeneira, Mariana) on some relevant English thinkers such as Locke, Bacon, and others, regarding politics, law and natural rights, an influence sometimes hidden and always controversial.
eBook
The “Crusading Fanatics” of American Law: American Jesuits and the Origins of the Neoscholastic Legal Revival, 1870–1960
During the early twentieth century, Ivy League legal scholars developed a positivist jurisprudential method known as legal realism. Concerned with the law’s relationship to social conditions, legal realism methodologically triumphed in the elite legal academy and brought to a close what one historian has described as the “decline of natural law” in American jurisprudence. Catholic legal scholars in the United States responded to this decline by invoking the natural law philosophy of Thomas Aquinas and his nineteenth-century neoscholastic disciples, arguing that legal realism irredeemably divorced law and morality. In so doing, these scholars effectively inaugurated what the author terms the neoscholastic legal revival , a decades-long period of debate between Catholic natural lawyers and their positivist contemporaries about natural law’s foundational relationship to the US legal tradition. To explain the history and significance of this debate, the author uncovers the origins the neoscholastic legal revival in particular features of nineteenth-century European Catholic intellectual culture that were transmitted to the United States through the Society of Jesus, the world’s largest Catholic religious order. The author especially examines the lives and legacies of two American Jesuits, William J. Kenealy and Francis E. Lucey, who helped to lead the neoscholastic legal revival and who illustrate how recovering the revival’s forgotten history can enrich scholars’ understanding of this important period in US legal history.
Journal Article
The Medieval Culture of Disputation
Scholastic disputation, the formalized procedure of debate in the medieval university, is one of the hallmarks of intellectual life in premodern Europe. Modeled on Socratic and Aristotelian methods of argumentation, this rhetorical style was refined in the monasteries of the early Middle Ages and rose to prominence during the twelfth-century Renaissance. Strict rules governed disputation, and it became the preferred method of teaching within the university curriculum and beyond. In The Medieval Culture of Disputation, Alex J. Novikoff has written the first sustained and comprehensive study of the practice of scholastic disputation and of its formative influence in multiple spheres of cultural life.Using hundreds of published and unpublished sources as his guide, Novikoff traces the evolution of disputation from its ancient origins to its broader impact on the scholastic culture and public sphere of the High Middle Ages. Many examples of medieval disputation are rooted in religious discourse and monastic pedagogy: Augustine's inner spiritual dialogues and Anselm of Bec's use of rational investigation in speculative theology laid the foundations for the medieval contemplative world. The polemical value of disputation was especially exploited in the context of competing Jewish and Christian interpretations of the Bible. Disputation became the hallmark of Christian intellectual attacks against Jews and Judaism, first as a literary genre and then in public debates such as the Talmud Trial of 1240 and the Barcelona Disputation of 1263. As disputation filtered into the public sphere, it also became a key element in iconography, liturgical drama, epistolary writing, debate poetry, musical counterpoint, and polemic. The Medieval Culture of Disputation places the practice and performance of disputation at the nexus of this broader literary and cultural context.
eBook
A Note on Equiprobability Prior to 1500
Abstract
Rudolf Schuessler has argued that sixteenth-century thinkers developed a concept of equal probability that was virtually absent before 1500 and that may have contributed to the birth of mathematical probability shortly after 1650. This note uses additional textual evidence to argue that the concept of equal probability was in fact generally available to medieval thinkers. It is true that ascriptions of equal probability are comparatively rare in medieval texts, but this can be explained without positing a conceptual blind spot.
Journal Article