- Page 1: INFORMATION TO USERS This nuinuscri
- Page 5 and 6: THE UNIVERSITY OF ARIZONA ® GRADUA
- Page 7 and 8: TABLE OF CONTENTS ABSTRACT 5 INTROD
- Page 9 and 10: meanings of habit, usage, custom, a
- Page 11 and 12: econcile unity and multiplicity in
- Page 13 and 14: I. SOME LAWS Montaigne might have b
- Page 15 and 16: existence of the same reality (Phel
- Page 17 and 18: similar to jurists who had dealt wi
- Page 19 and 20: one's inclinations. Puisqu'il a ple
- Page 21 and 22: eality rather than a paradigmatic p
- Page 23 and 24: that of nouvellete. which refers to
- Page 25 and 26: St. Thomas' distinction between int
- Page 27 and 28: Messieurs mes Compagnons, quand vou
- Page 29 and 30: noted by various critics. They are
- Page 31 and 32: private law, dealing with individua
- Page 33 and 34: (Daniel-Rops, 1962, p. 55). They we
- Page 35 and 36: Hotman had been invited to teach at
- Page 37 and 38: cases. Only about two-fifths of Fra
- Page 39 and 40: nor will exist. He said they are va
- Page 41 and 42: The Roman law upon which changes we
- Page 43 and 44: eform of Leo III, The Ecloaa. and t
- Page 45 and 46: The Ecloqa differed from all which
- Page 47 and 48: understand the cause of the fact th
- Page 49 and 50: Digests, and the Mosaic law. As did
- Page 51 and 52: They exhort the judges to abstain f
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his time, believing that he regarde
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powerful lords kept a school of gen
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work, by the teacher who imitates n
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en liberte et puissance de juger li
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II. MONTAIGNE Michel Eyquem de Mont
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Montaigne in addition to being a co
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of which the Chateau of Montaigne w
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imperfect to perfect. He had carrie
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extent to which this is true will b
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philosopher, c'est apprendre a mour
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is accidental, conventional and arb
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customs other than Christian. Until
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Montaigne's technique is more relat
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heroes, warriors and philosophers a
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the invention and the disposition a
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(p. 170). Alciat admitted that his
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He advised the first person who was
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upon the speculative intellect, and
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hetoricians, the Church Fathers, an
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indicative of sublimity of intellec
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of "entelechy," the process of beco
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wisdom, examples of actions and dec
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forth in a III. THE ESSAIS Montaign
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(Telle, 1968, pp. 225-247),is a tra
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Scholasticism he says he does not k
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100 saints, theologians, and philos
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102 English Year Books, which cease
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104 to some extent, since humanism
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106 practical wisdom or intelligenc
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108 College Sainte-Barbe at the Uni
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110 methodological norms as a guide
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112 a Supreme God, "Who would be an
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premiere forme (III, ix, II, p. 401
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116 (p. 2 2). Truth is contained in
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IV. RHETORIC AND PHILOSOPHY 118 Mon
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120 art de plaire of Pierre Fabri (
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122 Diversion may be a play on the
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124 dealt, is theology and morality
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126 moral. All the disciplines and
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128 Philosophy was considered ratio
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130 Aristotle in his Topics develop
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132 (Summa, la, q.l, a 0., p. 34).
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134 for the apodictic mode, are an
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136 Distributio develops a general
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138 towns, or been in besieged town
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140 Rhetoric was originally tied to
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142 audience interprets the "texts,
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144 de parler ainsi aux juges qu'on
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grace et le poids d'un discours hau
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Qu'il quitte la Cour, celui qui veu
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150 unlikely, and a diagnosis was m
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152 professors of Luther. Gerson wa
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et biaise (III, xiii, II, p. 522).
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156 involves two interior conscious
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158 traditional concepts of law. Si
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160 Montaigne's involvement in a qu
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162 campestre. entitled Nouvelle in
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Montaigne presents it. 164 It is re
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166 2006-2032). Montaigne may have
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considered credible up to the amoun
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themselves: nous sommes enseignes p
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172 find them scandalous. The liter
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174 the monopoly of the spice trade
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176 law is universalist, since it o
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VI. COUSTUME• POLICE AND LAW 178
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180 of Saint Thomas between "interi
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s'avale plus difficulement du somme
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consentement a son observation et o
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186 Plato did not agree that violen
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188 law, since the metaphor of medi
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their own purposes. 190 There were
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192 supportable elsewhere (I, xlvii
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194 indicated by his dislike of str
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196 Kingdom of France, in which the
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198 of right and wrong," which is u
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200 juridical devoir etre. whatever
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202 insisted that he submitted to t
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204 we know we are fallible, a poin
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206 normative decisions, or as in t
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208 century, that is, each order el
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210 fallibility. That is the reason
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212 solid basis for its authority o
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214 of Navarre and Marguerite of Va
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VII. THE ANCIENNE COUSTUME 216 Mont
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218 Louis' Enseianements to his son
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220 prosperity, gifts of God, and n
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222 which makes him guilty. Religio
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in France. 224 He was not in favor
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226 considered only private opinion
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228 great acts of government, such
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Je suis desgouste de la nouvellete,
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232 Montaigne does not attack perso
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ancient existence, those which sont
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236 century, wrote De ordine palati
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238 if the assembly so desired. Car
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240 nature of the monarchy, accordi
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242 26). Hotman later insisted upon
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holds its place. 244 Saint Bonavent
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246 usages concerning the participa
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est de justice et de droiture garde
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250 assemblies. In 1317 Philip V ha
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252 However, the popular assemblies
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254 sovereign judge will be heavier
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256 decree that they be established
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258 and for renewed hostilities. Ho
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260 the responsible persons were th
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262 tending toward a new war, and c
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264 Subsequent revolutions have bee
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266 in the wars of religion in Fran
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268 according to the coustume of Fr
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270 charged to convey to him, siimm
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272 Monseiqneur le due d^Alencpon.
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274 from son royaume. Furthermore h
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276 to speak, and her brother struc
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the will of the people de son choix
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280 simple dispute, the Estates sho
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282 built and formed from the begin
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284 in their own right (Head, Specu
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286 suggesting that overthrow of th
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288 he regarded exact obedience to
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temps h toute congnoissance [sic],
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292 Montaigne states that Saint Pau
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294 and occupations, so ordered, ca
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296 which are the Commandments. His
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298 institution, and his humanistic
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300 peres aux enfans" (II, p. 422),
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302 which Montaigne echoes the anci
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304 aldermen, sets forth at length
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306 point of view extends the civil
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coeur et affection de la partie (I,
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310 involving himan sacrifice, shou
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312 and since human law deals with
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314 dangerous to entrust the Church
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316 His final conclusion was that r
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318 profession of goodness in every
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Henri IV, without coinmitting onese
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322 Crown as an institution, but us
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324 religious disputes and the civi
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(III, Xii, II, p. 525). 326
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328 From the first evil two others
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330 forbade their interference in e
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332 In the Essais the term trouble
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334 The affirmative of one party (I
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336 of manners and vices of the sou
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338 prognostication that each, one
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340 Had Navarre not been present du
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342 change from the summary policie
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to complain because of the Bourgeoi
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346 In 1561 Burie, actually sympath
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348 would be two sets of lords, two
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350 Marguerite of Navarre had been
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352 caused trouble for the magistra
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354 which to worship. They were pub
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quelles on a coustume interjetter p
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358 Strict obedience to the Magistr
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360 traditions, whether received fr
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362 context of philosophical polemi
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364 The boundaries and limits of th
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366 speaks of Julian the Apostate,
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368 political. Liberty is situated
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370 This concept of liberty was los
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372 the logos had to be personified
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374 (I, p. 129). Since this is beyo
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376 provisional, and awaited the de
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378 he gives an example of a judge
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380 have competence, it should be u
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382 would not be so recognized unti
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384 The magistrates needed to recon
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386 The late medieval theorists mad
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388 practice. There have been long
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390 was strengthened by weakening t
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392 pursued (with the exception of
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394 is not obliged to obey the law,
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396 tant d'autres dont la moitie su
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398 must be constructed in conformi
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ordinaires ne disent rien. Ce sont
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402 to the civil and religious stri
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404 pagan, texts brought back to Eu
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406 discusses the relationship betw
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408 psychoanalysis, to intergalacti
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NOTES 410 1. There is an extensive
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412 The author of Holy Writ is God,
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414 8. The Sanhedrin at the time of
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416 (1602-1665), a Spanish Francisc
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418 education was to produce orator
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420 that to Darius to invade Greece
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422 noted that the poverty of his n
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424 sponsored by the Centre interna
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inanimate and animate.) 426 The Cou
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428 procedure became a characterist
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various Essais. 33. Brimo defines l
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432 Henry VIII and Catherine of Ara
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434 translated. It shows the attitu
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436 the Count of Guiche. He died in
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438 eyes, feed them on grass for th
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hostility to the Geneva Reformers.
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eligion" (p. 112). 442 The legislat
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444 valued his opinions more than t
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446 Montaigne indicates that he doe
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defense (p. 59). 448 Conde complain
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450 with the authorization of Henri
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452 domains of Aquitaine, brought t
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REFERENCES Montaigne, Michel de. Es
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createur. Vol. XXXI, No. 2. Summer
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Ltd. 1965. 458 Bryar, William. St.
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460 au sein du Comity International
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December 1993, pp. 42-52. Delaney,
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464 recherches nouvelles; suivie d^
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Angeles, and Oxford: University of
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1685. Paris: Hachette, 1903-1911. L
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Indirection in Philosophical Writin
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0' Keefe, K. 0. Foley, John Miles.
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hellenistique, principalement en Eg
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Sartre, Jean-Paul. L^maainaire; psv
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du convaincre." (Lestringant, 1985,
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1540K Humphrey Milford: Oxford Univ