Narratives in early Irish law tracts

This thesis presents a study of the 112 narratives collected from the Corpus Iuris Hibernici. The selection of narratives is based on criteria informed by modern narratological theories. The significant presence of narratives in early Irish law tracts appears at odds with the normal conception of law texts as consisting solely of provisions, and therefore needs to be accounted for. Since no systematic study has been conducted of these legal narratives, this thesis serves as an introduction by giving firstly an index of narratives and secondly a categorisation of them in terms of distribution, dates and functions. It then carries out a general analysis of the relationship between legal narratives and early Irish literature, and a selected case study of the relationship between legal narratives and the legal institutions in the context of which the narratives are located. It has become clearer, with the progress of argument, that the use of narratives was an integral part of legal writing in medieval Ireland; and the narratives, though having many idiosyncratic features of themselves, are profoundly connected with the learned tradition at large. The legal narratives reveal the intellectual background and compositional concerns of medieval Irish jurists, and they formed a crucial part of the effort to accommodate law tracts into the dynamic tradition of senchas. Two appendices are included at the end: one consists of translations of 34 narratives from the index, and the other is a critical edition of one of the narratives discussed in detail, together with translations of some relevant passages.

Nietzsche and Montaigne: cheerful naturalism

The influence of the Essays of Michel de Montaigne on the thought of Friedrich Nietzsche has, hitherto, received scant scholarly attention. The aim of this thesis is to address this lacuna in the literature by making evident the importance of the Essays to the development of Nietzsche’s philosophy. I argue that, in order to fully appreciate Nietzsche’s thought, it must be recognized that, from the beginning to the end of his philosophical life, Montaigne was for him a thinker of the deepest personal and philosophical significance. Against the received scholarly opinion, which would see Montaigne as influential only for Nietzsche’s middle works, I contend that the Essays continue to be a key inspiration for Nietzsche even into his late and final works. Montaigne, with his cheerful affirmation of life, his experimental mode of philosophizing, and his resolutely naturalized perspective, was an exemplar for Nietzsche as a philosopher, psychologist, sceptic and naturalist. The Essays not only stimulated Nietzsche’s thinking on questions to do with morality, epistemology and the nature of the soul but also informed his conception of the ideal philosophical life. Moreover, to explore the Essays from a Nietzschean viewpoint, allows the drawing out of the more radical aspects of Montaigne’s thought, while to probe Montaigne’s impact on Nietzsche, provides insight into the trajectory of Nietzsche’s philosophy as he broke free from romantic pessimism and embraced the naturalism that would guide his works from Human, All Too Human onward.

Nihilism and emptiness: Nishitani's encounter with Nietzsche

In this thesis, I examine the relationship between the Kyoto School philosopher, Nishitani Keiji, and the work of Friedrich Nietzsche, focusing on the two thinkers’ respective approaches to the problem of nihilism. The work begins by positioning Nishitani’s interpretation of Nietzsche’s account of nihilism with reference to diverse readings of Nietzsche in Western scholarship. I then consider the development of Nishitani’s reading of Nietzsche from his lecture series on nihilism, The Self- Overcoming of Nihilism, through to his magnum opus, Religion and Nothingness. I make two key contributions to recent scholarly debate on Nishitani’s relationship to Nietzsche. The first is to emphasise the importance of Nishitani’s response to the idea of eternal recurrence for understanding his critical approach to Nietzsche’s thinking. I argue against the view, offered by Bret Davis, that Nishitani’s criticisms of Nietzsche are primarily based on the former’s negative assessment of the idea of will to power. The second contribution is to situate Nishitani’s critical approach to eternal recurrence within his broader attempt to formulate a Zen-influenced conception of temporality and historicity. I then argue for the necessity of this conceptual background for coming to grips with his conception of the ‘transhistorical’ grounds of historicity in emptiness (śūnyatā), as outlined in the later chapters of Religion and Nothingness.

Hermeneutics, accreting receptions, hypermedia: A tool for reference versus a tool for instruction

We provide a select overview of tools supporting traditional Jewish learning. Then we go on to discuss our own HyperJoseph/HyperIsaac project in instructional hypermedia. Its application is to teaching, teacher training, and self-instruction in given Bible passages. The treatment of two narratives has been developed thus far. The tool enables an analysis of the text in several respects: linguistic, narratological, etc. Moreover, the Scriptures' focality throughout the cultural history makes this domain of application particularly challenging, in that there is a requirement for the tool to encompass the accretion of receptions in the cultural repertoire, i.e., several layers of textual traditions—either hermeneutic (i.e., interpretive), or appropriations—related to the given core passage, thus including "secondary" texts (i.e., such that are responding or derivative) from as disparate realms as Roman-age and later homiletics, Medieval and later commentaries or supercommentaries, literary appropriations, references to the arts and modern scholarship, etc. in particular, the Midrash (homiletic expansions) is adept at narrative gap filling, so the narratives mushroom at the interstices where the primary text is silent. The genealogy of the project is rooted in Weiss' index of novelist Agnon's writings, which was eventually upgraded into a hypertextual tool, including Agnon's full-text and ancillary materials. Those early tools being intended primarily for reference and research-support in literary studies, the Agnon hypertext system was initially emulated in the conception of HyperJoseph, which is applied to the Joseph story from Genesis. Then, the transition from a tool for reference to an instructional tool required a thorough reconception in an educational perspective, which led to HyperIsaac, on the sacrifice of Isaac, and to a redesign and upgrade of HyperJoseph as patterned after HyperIsaac.

Cinderella comes to the Ball: Article 14 and the right to non-discrimination in the ECHR

Article 14 ECHR has often been derided as a Cinderella provision, but during the last few years, this has started to change. This article examines how Article 14 has developed, and may live up to its potential as a powerful non-discrimination principle. The case law developments in relation to the “ambit” requirement in Article 14, the development of indirect discrimination case law, and the approval of positive action, all point to a more substantive conception of equality, which offers protection to disadvantaged and vulnerable groups.

The good, the bad and the 'not so bad': reflecting on moral appraisal in practice

The aim of this paper is to facilitate reflection on the moral merit of practitioners in various contexts. Insight is gained from Aristotelian and Kantian accounts of moral character and an original framework for reflection is presented as an adjunct to ethical theory and principles considered when appraising others. In relation to states of character there is an irreconcilable difference between Kantian (deontic) and Aristotelian (aretaic) conceptions of the nature of full virtue (excellence of character), but at the same time it can be argued that in relation to practice their approaches complement each other. It is also argued that in relation to caring for the vulnerable, Aristotle’s conception of full virtue is more compelling than Kant’s. On the other hand, Kant’s notion of self - serving action is important in nursing and it therefore needs to be considered when reflecting on professional conduct. The conclusion reached is that Aristotelian and Kantian accounts of character appraisal should be used in a combined approach to moral appraisal. This approach draws on the accounts of both philosophers and offers valuable insight into moral character, professional conduct and, in a more formal setting, fitness to practise.

On Suffering and Sympathy: Jude the Obscure, Evolution and Ethics

This article links Thomas Hardy’s exploration of sympathy in Jude the Obscure to contemporary scientific debates over moral evolution. Tracing the relationship between pessimism, progressivism, and determinism in Hardy’s understanding of sympathy, it also considers Hardy’s conception of the author as enlarger of “social sympathies”--a position, I argue, that was shaped by Leslie Stephen’s advocacy of novel writing as moral art. Considering Hardy’s engagement with writings by Charles Darwin, T. H. Huxley, Herbert Spencer, and others, I explore the novel’s participation in a debate about the evolutionary significance of sympathy and its implications for Hardy’s understanding of moral agency. Hardy, I suggest, offered a stronger defence of morality based on biological determinism than Darwin, but this determinism was linked to an unexpected evolutionary optimism.

Vom Innen und vom Aussen. Zum Raum in der Poetik Paul Celans

This article deals with the conception of space in the poetics of Paul Celan in relation to French theory (Kristeva, Blanchot, Foucault). It analyses in detail one poem to show how Celan constructs his concept of space in the poetic form, relating it to Martin Buber dialogical thinking.

Verwirklichende Raume - Poetik und Raumkonzeption bei Paul Celan und Martin Buber

This article with the conception of space in Paul Celan's poetics, comparing it to Martin Buber's and developing a notion of 'realisation', important to both Celan and Buber. Partant du concept du fantastique en tant qu'espace dans laquelle les phénomènes sont véritablement perçus au lieu de simplement se dérouler, l'article montre comment la rupture avec la réalité accoutumée peut mener à une sensation intense de l'être. Chez Martin Buber se trouve la description d'un telle espace, où l'unité est créée à partir de la polarité de tout ce qui est. Le poème peut représenter un exemple d'un tel espace « réalisant ». La conception de l'espace chez Buber est démontrée en dialogue avec le poème STEHEN de Paul Celan, afin de montrer comment le monde réifié est « réalisé » par la poésie. Ainsi sont mis en valeur le rapport mutuel et le lien indispensable entre réalités sociales et la réalité du non-espace.

Eternity, knowledge, and freedom

This article addresses the problem of divine foreknowledge and human freedom by developing a modi?ed version of Boethius’ solution to the problem–one that is meant to cohere with a dynamic theory of time and a conception of God as temporal. I begin the article by discussing the traditional Boethian solution, and a defence of it due to Kretzmann and Stump. After canvassing a few of the objections to this view, I then go on to o?er my own modi?ed Boethian solution, according to which temporal reality is fundamentally dynamic, but truth is not. My claim is that there are eternally existing, tenseless propositions, with determinate truth values, but that these are made true by events that come into existence, and are not themselves eternal.

Divine Events

I argue for a certain conception of events according to which they are essentially extended and temporal entities (contra Leftow), and then go on to argue that God is necessarily the subject of such events (even before creation--a claim which is particularly controversial). Together these claims entail that God is necessarily temporal.

Transformative Aesthetics: Between Remembrance and Reconciliation in Contemporary Northern Irish Theatre

This article explores the ways in which two recent plays by the Tinderbox Theatre Company in Belfast – Jimmy McAleavey's The Sign of the Whale and David Ireland's Everything Between Us – engage with current political debates in Northern Ireland about how to deal with the ‘legacy of the past’. Both plays dramatise the uneasy tension between the demands for remembrance and reconciliation. I suggest that they give rise to a ‘transformative aesthetics’ that proposes an un-remembering of the past to make way for a transformative re-remembering for the future. This process, however, does not imply an easy resolution or transcendence of the antagonisms, debates, and traumatic memories. Instead, it suggests an intense and complicated engagement that sits in vexed opposition to the restorative conception of reconciliation and both a politics and a political context of ameliorative forgetting that dominates the Northern Irish Peace Process.

Events: Temporal and Eternal (in preparation)

This monograph develops a theory of events which provides the foundation for a plausible and coherent account of God’s relation to time, and which has independent appeal (independent, that is, of theological considerations). The book is divided into three parts. The first part involves an investigation of those fundamental aspects of time which have important implications for the nature of events, such as whether time is substantival or relational, and whether time is continuous, dense, or discrete. This part also includes a chapter on how these issues relate to different interpretations of the special theory of relativity. The second part involves a defense of the fundamentality of events, and the development of a theory of events in time. The third part considers ways in which we might plausibly conceive of events as eternal entities. This involves an investigation of different ways of characterizing divine eternity, and then an analysis of the possible relations these ways bear to the antecedently developed theory of temporal events. The thought here is that there are certain characteristics of temporal events which can be assimilated to eternity, and that by evaluating the extent to which different theories of divine eternity allow for this assimilation, we will be able to determine which of those theories is most plausible, and therefore which conception of God’s relation to time is most plausible. The basis of this evaluation will be the theory’s ability to coherently account for God’s knowledge of, and interaction with, the created temporal world. One specific issue here is how to account for God’s knowledge of the future free actions of humans (an issue that I address in 'Eternity, Knowledge, and Freedom'), but there are many other difficulties associated with God’s relation to time, such as God’s creation of contingent time, God’s knowledge of what is happening now, God’s dialogue with humans, and God’s causally interacting with the temporal world in general. A successful theory of eternal events, and, in particular, divine events, will provide a framework for dealing with these difficulties.

I have not yet sough a publisher for this work, but intend to do so in 2013, with a target publication date of 2014.

Arguing with Regions

An analytical survey of how regions have entered into the arguments of the
social sciences serves to highlight the uses and limitations of different understandings of regions and their various theoretical biases. It also provides a way of introducing the articles in the rest of this special issue. It considers how regions have come to be used as a classificatory device across the social sciences, discusses the various meanings given to regions in empirical research, and examines the main philosophical and theoretical controversies that have been sparked by their use. Matching regions to purpose and avoiding a singular conception of ‘region’ that claims to fit all arguments are the main conclusions.

Identifying Economically Vulnerable Groups as the Economic Crisis Emerged

A frequent refrain during recent debates on welfare cuts and tax increases has related to the need to "protect the vulnerable". However, it is far from clear that a consensus exists on which individuals or groups are to be included under this heading with a consequent lack of clarity for the policy implications of pursuing this goal. In this paper, operating with a conception of social exclusion that incorporates notions of dynamics and multidimensionality, we make use of EU-SILC 2008 data for Ireland to clarify the distinction between income poverty and economic vulnerability. We then proceed to consider the relationship between these outcomes and multiple deprivation, financial pressures and perceptions of recent and future economic prospects. Our analysis is then extended to compare patterns of risk for poverty and vulnerability in relation to key socio-economic groups. Finally, we will consider the relationship between poverty and vulnerability and the distribution of welfare dependence. Our analysis suggests that the vulnerable but non-poor group may need to be a key focus of policy attention in the future.