This chapter contains sections titled: Top‐down vs Bottom‐up Core Elements of Casuistical Analysis Advantages of a Casuistical Approach Objections and Replies Conclusion References Further reading.

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

This paper examines the methodological problem of casuistry by reference to Immanuel Kant's position on it. He addressed “Casuistical Questions” in his last work on ethics, Metaphysik der Sitten, in order to defend his position against attacks from scholars defending an Aristotelian eudemonistic viewpoint. It is argued that Kantian casuistry has much in common with the Aristotelian idea of emphasizing the moral objectives and sensibility of an agent in concrete circumstances. Nevertheless, Kant did not entirely adopt the case-oriented ethical (...) perspective because he saw the moral duty as the „wide“ one. Moral duties are wide in the sense that they demand continuous self-examination: asking whether there might be a better way to limit one's maxim by another. According to Kant, although casuistry as a case study could give moral law or duties more practicability through the training of moral judgment, the moral agent cannot use with individual cases in order to modify or devise new moral rules or duties. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Moral Dilemmas in Medieval Thought: From Gratian to AquinasTaina M. HolopainenM.V. Dougherty. Moral Dilemmas in Medieval Thought: From Gratian to Aquinas. Cambridge-New York: Cambridge University Press, 2011. Pp. x + 226. Cloth, $90.00.In this book, M.V. Dougherty challenges the assumption that the medieval period of Western ethical thought has little to say concerning the question of moral dilemmas (while [End Page 138] understanding a moral dilemma generally (...) as “any situation in which an agent cannot fulfill all genuine impending moral obligations” [3]). He aims to show that this is not the case by examining debates on the subject of moral dilemma from the twelfth to the fifteenth centuries. According to medieval terminology, an agent in a moral dilemma is considered to be perplexed (perplexus) or to be suffering from perplexity (perplexitas). Dougherty emphasizes the importance to his study of the ontological and objective sense of perplexitas: an agent is said to be confused in the presence of a genuinely dilemmatic situation. The book deals with the topic through a selection of prominent thinkers from the major schools of the period (e.g. Franciscan, Dominican, and Thomistic).Canon law was the first discipline in which systematic discussion of moral dilemmas took place. Accordingly, in chapter 1 Dougherty discusses two opposing views from the twelfth and early thirteenth centuries that were equally authoritative and conveyed the canon law tradition to later medieval thinkers. Gratian asserts, in his Decretum, the existence of genuine moral dilemmas (through conflicts within natural law itself) and counsels agents in those situations to choose the lesser of two evils. Gratian’s views were commented on by many glossators who argued against him in the Glossa ordinaria, contending that moral agents can fulfill all moral obligations, as the well-known maxim “ought implies can” asserts, and so avoid moral wrongdoing. If an agent finds himself in a perplexed state, it is due to his own culpable negligence, never the result of the disordered moral order.In addition to canon law there were other forums for discussions of moral perplexitas. In chapter 2, Dougherty expands the theme to two influential thirteenth-century summaries of theology: the Summa aurea, authored by William of Auxerre, and the Summa Halesiana, associated with Alexander of Hales. In these, Dougherty thoroughly examines a number of dilemma cases and shows both works concluding that moral agents can find themselves trapped in such situations, with some degree of moral wrongdoing being inescapable. The maxim “ought but cannot” is evident, then, in these works. Further, their concrete advice for agents in a moral dilemma is to apply the principle of choosing the lesser evil, or, as William of Auxerre specifies in certain cases, “what obliges more greatly is to be done”; however, his connection between these two principles seems not so clear: why would the choice of that which obliges more be identified with the choice of a lesser evil?Chapter 3 is one of the book’s highlights. It presents the distinctive medieval moral dilemma position of Raymond Lull (ca. 1232–1316) through an analysis of four of Lull’s own dilemmas in his autobiographical work, Vita coaetanea. Dougherty argues that Lull is opposed to the traditional solution of medieval commentators on Lombard, since Lull did not claim that a judgment of conscience, which dictates something contrary to natural law or a command of God, had to be in error. Lull thinks that the world truly is such a place where agents find themselves in dilemmatic situations from which they are unable to escape by their own powers and therefore are in need of divine intervention (“the Divine Intervention resolution”). Dougherty also argues that Lull implicitly appeals to “the Lesser Evil resolution” in one dilemma case.In chapter 4, Dougherty considers passages from Aquinas’s texts in which agents appear to be perplexed. The aim is to confirm Alan Donagan’s interpretation of Aquinas and to reveal the misinterpretations by contemporary theorists who have claimed that Aquinas accepted the view that innocent agents could find themselves in situations of genuine moral dilemmas. According to Aquinas, all real moral dilemmas are generated by some prior moral failure (past misdeed) on... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS The Abuse of Casuistry: A History of Moral Reasoning. By ALBERT R. JoNSEN & STEPHEN TOULMIN. Berkeley: University of California Press, 1988. Pp. ix +420. This volume results from the collaborative efforts of a social philosopher and an ethician. The two authors undertook the book's composition while taking part in the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. Set up (...) by the United States Congress in 1974, this federal commission worked for some three years. Thus, it was in the course of political discussions, which concerned governmental control of scientific experimentation involving human persons, that the authors generated new perspectives on and, to be sure, a new definition of casuistry. Furthermore, in Abuse of Casuistry, Albert R. Jonsen and Stephen Toulmin purport to establish an historical perspective for concerns which figure prominently in the cacophony of contemporary moral discourse. Towards this end, they set forth an innovative interpretation of the history of moral reasoning. Regretfully, this task constrains them. Throughout the book, the authors deal selectively with any data which do not conform to their fundamental intuition concerning the ultimate particularity of moral decisions. In short, the authors advance the argument that " casuistry " (as they understand and define it) provides a basic paradigm for all practical moral decisions, so that the validity of moral " rules " meets with a priori suspicion. Undoubtedly the problem-solving situation which gave rise to the collaborative research abets such a point de depart. We are not surprised, then, to discover a sub-heading like "the tyranny of principles " (p. 5) early along in the book's prologue. The authors explain their focus: "[I]t is just those situations that are not covered by appeal to any single simple rule that begin to be problematic; and in just those cases our concern to act rightly gives rise to genuinely moral "questions" and "issues" (p. 7). Furthermore, they insist: " Even a simple rule may leave us in genuine doubt in situations to which it applies only marginally or ambiguously." This exclusive emphasis on what moralists once called the " situation " launches an ambitious project to re-capitulate the history of moral reasoning from perspectives broadly characteristic of casuistry. The basic plan of the book incorporates six major parts. In a 151 152 BOOK REVIEWS cursory way, the first three parts consider large fields of research: first, classical philosophy, which, argue the authors, forms the " roots of casuistry in antiquity," next, the early and medieval Christian "precursors " of casuistry, and, finally, the renaissance phenomenon, which scholars usually identify as the period of casuistry. All in all, we move from the peripatetic Greeks of the 5th and 4th centuries B.C. to the European casuists of the 16th and 17th centuries A.D. Part one locates the remote origins of casuistry in classical Greek philosophy and its concern for the difference between theory and practice in moral mat· ters. In part two, the authors consider representative figures from Athens, Rome, and Jerusalem in order to illustrate clearly that the resolution of moral perplexities has always formed part of any serious moralist's work. We also encounter the medieval canonists, confessors, and theologians. Unfortunately, the authors sometimes press a theologian into unwilling service for their working hypothesis. To cite one example, as expected, they focus their study of Aquinas onto his consideration of moral circumstances in Summa theologiae, Ia-Hae, qq. 7 and 18. It is true, their general theory holds: serious moralists do take into account those "special circumstances that mark the individual's lot" (George Eliot, "The Mill on the Floss"). However, the authors also overstate their conclusions. For instance, they implicate Aquinas as follows: In sum, ' the human act ought to vary according to diverse circum· stances: this is the entire matter of morality.' That last text from Thomas Aquinas could almost serve as the motto for the whole enterprise of casuistry (p. 135). Of course, such an evaluation does not take even partial account of Aquinas's moral theory. What is more to the point, the quotation does not exist in any of the three different places named by the authors, viz., Summa theologiae, Ia-Hae, q. 18, aa... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Know-How of Musical PerformanceStephen DaviesMusicians make music; that is, the performance of music involves applied knowledge or know-how. Can we attain a discursive understanding of what the musician does, and does the attempt to achieve this put at risk the very art it aims to capture? In other words, what can be said of the nature of performance and does what we say turn a living practice (...) into a dead object? In this discussion, I aim to clarify the issues in terms of which these questions can be developed.Consider acquired practical knowledge or'knowing how.'1 It involves a learned skill or capacity to do something-typically, to perform an action-as in "I know how to ride a unicycle."2 'Knowing how'can be subdivided into types. A first variety is always conscious. For most people, mental arithmetic is of this kind. It is not mental arithmetic they are doing if they do not follow an appropriate rule, algorithm, procedure, or principle, even if they fluke the right answer. Many practical skills are of this sort. I know how to fill in tax forms, immigration documents, and hire purchase agreements. In all these cases, the working of the skill and the steps through which it is exercised are held inevitably before my mind. A second type of 'knowing how' might be termed "retrievable." I know how to drive a car. Most of the time, I am not aware of the processes, judgments, and procedures that are [End Page 154] involved. I do not have to think about my driving as I drive. Nevertheless, if I reflect on what I do, I can describe the steps or routines I go through. A third type of 'knowing how' is cognitively impenetrable. Cognitively impenetrable processes are opaque to introspection. Some bit of neurological hardware receives an input, processes it, and outputs some result, but the nature of that processing is not retrievable by consciousness. The skill is learned but the many computational, muscular, kinaesthetic, or other activities involved in the skill's application or execution are not available to the agent's awareness. From my own case, typical examples are of knowing how to walk, how to pick up a glass, and how to speak English.3 When a person intends to perform an action of this kind, he aims at it directly, as it were. He intends to turn his skateboard to the left, say, not to flex this muscle here and so. He can intend to produce a certain action as output, but the intermediate steps and movements involved in this, to the extent that they are controlled in an irretrievable fashion, are not what he can intend. Similarly, where 'knowing how' is retrievable but automatic, the action is intended directly. The intermediary steps and movements are not what are intended so long as the action remains automatic.In what ways is practical knowledge acquired? In some cases it can be learned from verbal descriptions of the appropriate basic actions and their sequences-"put the left leg in and shake it all about"-or of the relevant rules or algorithms-"multiply by π r2." In others, learning is by example, copying, or experimenting. Some procedures work better for some skills than others. Generally speaking, when we encourage children and stroke victims to walk we do not provide them with examples. By contrast, language skills are often conveyed via paradigm instances. And while it is possible to learn to drive a plane from an instruction manual alone, one is more likely to be successful by following and being assisted by an instructor. Always conscious skills are often acquired by memorizing the procedure or rule that must be kept in mind, whereas automatic but retrievable skills, because their application is unconscious, are usually acquired through physical repetition until the routine becomes unthinking. Nevertheless, even cognitively impenetrable skills might be learned by first following written instructions. What makes the skill impenetrable is not the method by which it is acquired but the inability to recall or describe the relevant steps, rules, or procedures when the skill is entrenched.4A given skill might be cognitively impenetrable for... (shrink)

Modern mainstream ethical theories with its overemphasis on autonomy and non-interference have failed to adequately respond to contemporary social problems. A new ethical perspective is very much needed. Thanks to Carol Gilligan's 1982 groundbreaking work, 'In a Different Voice' , we now not only have virtue and communitarian ethicists, but also a group of feminist philosophers, charting a new direction for ethics that tempers modern ethics' obsession with autonomy, contractual rights, and abstract rules. Nel Noddings, in her 'Caring: (...) A Feminine Approach to Ethics and Moral Education', further contributed to this important discussion. In this work, Noddings proposes a new kind of moral ideal. She calls it "caring." Noddings defines "caring," as a direct, felt concern and action from the one-caring toward the well-being of the cared-for. In other words, care is a state of mental engrossment and motivational displacement that impels caring actions for the happiness of the cared-for and it transcends any rule-bound moral judgment. A caring attitude is best manifest in the spontaneous emotive bond of love between a mother and a child. This human relation of unscrutinized maternal love and care should be the model of ethics. Noddings's theory evokes a vigorous debate concerning whether or not the model can withstand rigorous philosophical scrutiny as a stand-alone ethical theory. This paper first discusses the strengths and weaknesses of a pure care ethics. Secondly, it demonstrates why both the Kantian and the Aristotelian attempts are unsatisfactory, and it offers a Confucian solution to the problems of care ethics. It argues that notwithstanding gender-oppressive practices that are at times associated with Confucianism, Confucian ethics of 'ren' (humaneness) is both more compatible with care ethics and is better equipped with conceptual resources than Kantian liberalism or Aristotelian virtue ethics to handle the moral predicament of the postmodern world. The paper demonstrates that care is an inherent element of Confucian 'ren' but that 'ren' is more than Noddings's care. It examines three essential principles that can be extracted from philosophical classical Confucianism: (1) an affectionate and particularistic approach to persons, (2) the mutual conditioning of the two prominent Confucian virtues -- humaneness (ren) and ritual propriety (li), and (3) the inseparability of the familial and the political self. The last section of the paper applies Confucian care ethics to concrete cases such as the geriatric care crisis and the problem of poverty. (shrink)

Linking abstract principles and concrete cases is not always easy. Beginning deductively with ethical theory requires an a priori choice of ethical principles which, when applied, may not take account of the complexity of real problems. But beginning with cases can result in a situationalism in which the normative role of ethical principles is slighted. Casuistry, a case-centered methodology, offers one way to bridge this gap. Casuistry's bottom-up strategy develops policy guidelines out of case analysis, building (...) a middle ground between practice and principle. This article identifies the key features of casuistry and its link to ethical theory. The development of a code of ethics and the use of anonymous sources at a daily newspaper test casuistry's relevance for journalism ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Christian Consumer: Living Faithfully in a Fragile World by Laura M. HartmanDavid CloutierThe Christian Consumer: Living Faithfully in a Fragile World LAURA M. HARTMAN New York: Oxford University Press, 2011. 256 pp. $29.95Laura Hartman has written an elegant, graceful, and gentle book about a topic often inspiring jeremiads: consumer society. Setting out to provide “an effective and explicitly practical ethics of consumption” (5), she develops an (...) ethical language that goes beyond sociological generalizations about “consumerism.” She structures her study by engaging ancient and contemporary theological sources to discuss “four primary considerations” (21): avoiding sin, embracing creation, loving the neighbor, and envisioning the future. Each represents a “node” of “theological reflection: sin, creation, love, and the reign of God” (25). In each area, she is unusually careful to point out the limitations of any one consideration without the others. Avoiding sin, for example, can become “a self-focused pursuit of holiness” (52); embracing creation can ignore justice concerns or, worse, lead to prosperity theology. Such limitations are less apparent when considering the final two areas. In loving the neighbor, the challenge is balancing considerations between close and distant neighbors. Finally, Hartman makes an impassioned case for Sabbath-keeping and Eucharist as practices of our destined eschatological fullness, even while recognizing that an overemphasis on these can lead to escapism and bickering over “vague and idiosyncratic” differences among Christians (167). By attending to all four notions, Hartman is able to offer a much richer picture of the conceptual field in which our consumption choices should be made. A closing chapter imagines a dinner conversation among three of her frequent interlocutors, Shannon Jung, Elizabeth Theokritoff, and James Nash, as well as applying the concepts to concrete choices of transportation and meat-eating.The book goes a long way toward its stated goal. Hartman has a skillful grasp of the complexities of both contemporary consumption practices and theological description. She displays a remarkably generous attitude toward a variety of voices, engaging positively figures as disparate as the severe abolitionist John Woolman and the prosperity televangelist Creflo Dollar. Her generosity works well; I can imagine this book being especially effective with students or church groups who might be alienated by a stronger anticonsumerism screed. As a work [End Page 247] of constructive ethics, though, the generosity leaves open a lot of questions. Hartman describes her methodology as “using a blend of methods,” owing some debts to “principalism” and to virtue ethics, explaining her four considerations “as diverse lenses on one holistic vision of virtuous consumption” (28). The four “considerations” are described as “not principles” but “actions that produce virtue” or “a school of virtue” (27)—neither are they moral rules, despite their being phrased in the form of verbal commands to action. This methodological looseness enables her to voice multiple harmony lines, which “form a chorus of perspectives on consumption” (5). But this approach can slip from generosity to vagueness. How does one determine what is off-key? The application section seems to have difficulty adjudicating particular actions; there is in effect a nonrational “weighing” that goes on, one that sometimes seems to reduce to a consideration of (incommensurable) competing consequences.The project could be furthered in two ways. First, Hartman could consider some way of ordering the considerations—not strictly ordinally but rather, for example, by recognizing that avoiding sin is a prelude to a proper embrace of creation and that creation is ordered to communion. The sequencing of her chapters hints at such an ordering, but she does not make use of it. While not reducing everything to love of God and neighbor, certainly sin, creation, and even eschatology point to this telos. Second, Hartman could go further in developing the language of virtue—for example, temperance and prudence—as a way of specifying more clearly what both avoiding sin and embracing creation mean. But her template is a valuable orientation to further needed work on this important topic. It should find a wide audience. [End Page 248]David CloutierMount St. Mary’s UniversityCopyright © 2014 Society of Christian Ethics... (shrink)

Casuistry, or case-based reasoning, should be used in environmental ethics. Casuistry came to prominence during the transition from medieval to modern, when historical circumstances challenged settled moral perspectives. Similarly, environmental ethics arose in response to real-life dilemmas that also challenged existing moral theories. Casuistry’s focus on cases means that it can resolve individual environmental dilemmas without needing to solve every other problem (theoretical or practical) in the field. It is a “taxonomic” form of moral reasoning that operates by analogy (...) to paradigm cases, appeals to authorities in the field, and application of moral rules of thumb. Analogy to just-war reasoning and medical ethics and appeal to ecological reasoning yields four basic principles for environmental casuistry, justice, prudence, diversity, and a presumption toward preservation, and provides guidance in selecting paradigms and sources of authority within the field of environmental ethics. (shrink)

Political judgments usually combine a normative principle or intuition with an appreciation of empirical facts regarding the achievability of different options and their potential consequences. The interesting question dividing partisans of political idealism and realism is whether these kinds of considerations should be integrated into the normative principles themselves or considered apart. At first sight, if a theorist is concerned with guiding political judgments, non-ideal or realist theorizing can seem more attractive. In this article, however, I argue that ideal theorizing (...) might be considered valuable even by theorists moved by a pragmatic concern because it is less exposed to conservatism. I nonetheless contend that the aim to guide action in the world as it is should not be abandoned. Therefore, I outline a four-step method for proceeding from abstract moral principles to concrete political judgments and apply it to a test case. (shrink)

Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete (...) paradox’ also jeopardizes the consistency of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Eighteenth-Century Hermeneutics: Philosophy of Interpretation in England from Locke to BurkePaul J. KorshinEighteenth-Century Hermeneutics: Philosophy of Interpretation in England from Locke to Burke, by Joel Weinsheimer; xiii & 275 pp. New Haven: Yale University Press, 1993, $30.00.Hermeneutics has until the present study had little application to eighteenth-century England. The omission is curious for, although there were few advances in biblical scholarship during the Restoration and eighteenth century, (...) modern literary criticism begins in this century with Dryden and Johnson, modern aesthetics with Shaftesbury and the Scottish school of taste, and modern theories of art with Reynolds and writers on the picturesque. Joel Weinsheimer’s treatment of this topic, then, instantly possesses originality, not only from a lack of serious competition but because of its approach to [End Page 365] hermeneutics. He “does not offer a historical narrative” of what happened in hermeneutics in eighteenth-century England (p. xi). Rather, Weinsheimer prefers to see hermeneutics as a series of snapshots of how various writers, of whom only a few are conventional exegetes, deal with matters of interpreting texts. In all, the book treats eight major figures (Swift, Locke, Toland, Bolingbroke, Hume, Reid, Blackstone, and Burke), devoting a chapter to each.The method in each one is approximately the same: Weinsheimer produces a reading not of a single work alone but of all, or almost all that an author writes about interpretation. In the case of Swift, for instance, his principal contribution on exegesis, A Tale of a Tub, is a satire on styles of exegesis Swift considered ridiculous. This chapter adds little to what we know of Swift but, in relation to Weinsheimer’s analysis of Sir William Blackstone, we can see that there is a legal background to parts of the debate among the three brothers on the meaning of Scripture. Locke (pp. 23–45) also dealt with the Bible extensively, but his tendency to prefer the doctrine of “sola scriptura” limits what an author can say about his hermeneutics. John Toland (pp. 46–71), in his Christianity Not Mysterious, proposes radical notions of biblical exegesis, and Weinsheimer gives us a lucid reading of the first English skeptical exegete. All the other figures he studies, however, had little interest in traditional literary exegesis. Weinsheimer sees Bolingbroke (pp. 72–102) as a philosopher of history who tried to generate a theory of decoding the past, but he does not clearly distinguish Bolingbroke’s rules for writing history. Hume (pp. 103–34) wrote extensively on exegetical topics without actually being an exegete; although this is one of Weinsheimer’s more opaque chapters, it does succeed in showing the diversity of Hume and his inability to reason conclusively on matters of interpretation. Hume basically did not think that there is any problem in understanding others, so his theories of exegesis are not coherent. So, too, Thomas Reid (pp. 135–65) considered language, properly used, as lacking in opacity; hence elaborate theories of interpretation have little use for him.However, with Blackstone and Edmund Burke, Weinsheimer contributes his two most interesting chapters. The law, as Blackstone conceived of it, is extremely difficult to understand, so his Commentaries on the Laws of England is an attempt to read legal texts “in the context of general literacy” (p. 168); Bentham would later imitate him. Burke, Weinsheimer argues, started as an aesthetician and ended applying principles of good and bad taste to political behavior, always one of the weaknesses of reactionary politics.In a brief epilogue (pp. 226–33), Weinsheimer speculates on the effort of eighteenth-century hermeneutics to understand historical reason, but he does not comment on the failure of the period to produce a single important hermeneuticist. His own choice to avoid major exegetes such as Samuel Johnson and Joshua Reynolds abridges his results dramatically, but a study based on scholarly snapshots always courts this risk. Hermeneutics is a [End Page 366] recondite concept, yet Weinsheimer renders his topic more difficult than it need be by frequent shifts in its definition and a complex, often unclear, style. Eighteenth-Century Hermeneutics provides a start, if not a definitive treatment, for later students of exegesis in the English Enlightenment.Paul... (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are (...) often limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

Most theoretical approaches in bioethics begin with a theory that articulates and defends basic principles or rules that are more or less systematically related and that seek to yield more or less precise conclusions with regard to specific acts, cases, or policies. Concerns about the agent and descriptions of the context of action stand on the margins of the theory. This is ironic, given the overwhelming importance and impact the training of health care professionals has upon them and (...) upon the practice of health care as a whole, and given the fact that many advocates of the theories themselves concede that one's beliefs and how one describes a situation and weighs "facts" and values relevant to the case strongly determine one's conclusions. While morality may not lead ineluctably to religion, as Kant believed, bioethics does appear inevitably to involve particularity. I examine the work of James M. Gustafson and Stanley Hauerwas to analyze two views of the role of particularity in bioethics. I then show the relevance of their work for addressing some problems with the practicality and concreteness of current models in bioethics. Keywords: applied ethics, bioethics, casuistry, community, discernment, principlism, theological ethics CiteULike Connotea Del.icio.us What's this? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Creating the Conditions for Intergenerational Justice: Social Capital and ComplianceAdelin-Costin DumitruIntroductionSuppose philosophers succeeded in putting forward two equally desirable theories of intergenerational justice. Both of them fare extremely well in regard to either a case-implication critique or a prior-principle strategy of argumentation (with the former requiring us to check the implications of a principle in counterfactual cases, and the latter testing the compatibility of a principle with (...) certain more fundamental values, according to Sen [197]). How are we to decide between them? To the extent that we believe that one of the purposes of political philosophy is to issue achievable and desirable recommendations (Stemplowska 319) or to be action-guiding (Swift 363), we might compare the two by applying a feasibility criterion. Such a criterion indicates that a state of affairs could be realized “if we were to summon sufficient practical will and direct our (individual or collective) efforts in the right direction” (Gheaus 450). In our case, the decision is a relatively easy one: both theories pass a threshold of acceptability and thus we would be morally justified in attempting to bring them about. Furthermore, by stipulation, world A in which theory x were implemented would be equally desirable as world B, in which theory y were implemented. The only distinction would be one concerning their feasibility.Nonetheless, this scenario is usually not one that is available to us. If theories differ based on their desirability as well as their feasibility, how are we to choose? One option would be to choose that moral theory which best satisfies the criteria mentioned by Buchanan, of moral accessibility, feasibility, and accessibility (Justice, Legitimacy). However, feasibility entails not only a static conception of duties, but a dynamic one, in which we postulate that agents have “duties that do not focus merely on what can be done in given [End Page 20] circumstances, but also on how to change circumstances so that new things can be done” (Gilabert and Lawford-Smith 812). In the present article, I argue that taking the idea of dynamic duties seriously requires that we redirect our efforts and resources toward those actions that would maximize the probability of achieving a successful transition from a non-ideal to an ideal state of the world. The argument is that, in the specific context of intergenerational justice, we ought to pay more attention to the matter of social capital extant in a society, if we want to achieve the ends of an intergenerational theory of justice. The concept of social capital puts under the same umbrella distinct features of social life such as networks and civic engagement, the role of reciprocity and trust in building institutions, and the effects that informal rules and institutions have on formal ones (Ostrom and Ahn, “Social Science Perspective” 4). Intuitively, these aspects are relevant for an account of intergenerational justice. The particular way in which they are relevant will be detailed later in this article.The claim that I defend is that the higher the level of social capital in a community, the more probable it will be that individuals are willing to redistribute resources to future generations. The underlying assumption that holds throughout the article is that public justification is important in construing a defense of a conception of justice. I proceed as follows. In the first section, I present an account of social capital. In the second section, I present the literature connecting social capital to political philosophy. In the third section, I argue why developing social capital is a worthwhile goal to pursue if we want to achieve intergenerational justice. The fourth section presents a series of measures that can increase the level of social capital. The fifth section responds to a series of potential objections that could be raised and concludes the paper.The Many Faces of Social CapitalMuch of the intellectual history of the twentieth century was dedicated to institutions and their function in shaping the social, economic, cultural, and political order. In a comprehensive definition put forward by March and Olsen, institutions represent “routines, procedures, conventions, roles, strategies, organizational forms, technologies..., beliefs, paradigms, codes, cultures and knowledge that surround, support, elaborate, and... (shrink)

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of (...) the people, that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in (...) legal theory, we argue that the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results suggests that ACP is a robust effect in the legal context. (shrink)

Moral people (i) have good goals in acting in a challenging situation; and (ii) use their rightly disposed intellectual and voluntary capacities (virtues) and resources to choose a good action in that situation. This requires (iii) sound ethical deliberation and decision-procedures for realising practically the abstract values and principles relevant in the concrete situation. After deliberation about sub-goals and means, they (iv) choose to execute the best particular action plan. They will have canvassed possible outcomes of the intended (...) act, which, when executed, will have a particular result and (v) consequent outcomes for themselves, and for others; and (vi) it will show respect for the wellbeing of the community or wider society, represented by the state, and reflected in state law. A comprehensive third-party moral judgement on the act will encompass the intention and execution of the act in the situation.Part 1, Sections I-IV of this paper argue that organisations can be said to be quasi-persons, personal and moral. As artificial organisational quasi-persons, with a similar structure to natural persons, they can also have analogues of the moral features of natural persons’ moral acts: i)-vi): good goals, rightly disposed capacities and resources, ethical decision procedures, good acts or activities, with good outcomes for others, and respect for society’s norms represented in state law. An ethical acronym, GREAOS, capturing the six dominant features shared with natural persons, is suggested.In Part 2, an application of GREAOS is then made to assess a concrete organisational case, Mondragon Corporation, in order to show how if the analogy between persons and organisations is sound in principle, the acronym’s application can be made to ethically unpack a case. The acronym gives Mondragon Corporation at least a pass on ethics. Although a work in progress, its success in realising ideals of economic democracy can be an exemplar of stakeholder capitalism, an alternative to an unbridled shareholder capitalism, which has had its day. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 521-537 [Access article in PDF] Two Routes "to Concreteness" in the Work of the Bakhtin Circle Craig Brandist In 1918 the young Georg Lukács published an obituary of the last major Baden School neo-Kantian Emil Lask in which the latter's varied work was commended for being "underlain by an essential common drive [Drang]: the drive to concreteness." 1 This "drive" (...) was especially problematic, however, in the work of thinkers overtly committed to neo-Kantianism, a doctrine that was in its own time a byword for abstruseness and academic abstraction. Just how concrete could a neo-Kantian idealism become without abandoning its core insistence that the world is "produced" by indwelling categories of mind? Lask pursued this problem with a thoroughness unmatched by any other German neo-Kantian, and in doing so he became an important influence on, among others, Lukács, Max Weber, and Martin Heidegger. This article discusses the prevalence of the same "drive" in the varied work of those Russian champions of neo-Kantianism, the Bakhtin Circle, where "concreteness" is invoked so frequently that it almost begins to take on the character of a mantra. The case of the Bakhtin Circle is especially illustrative because the "drive to concreteness," which all members of the Circle shared, resulted in a significant difference of opinion about the extent to which the central theses of neo-Kantianism can be salvaged. Like Lask, Bakhtin was particularly keen to maintain the core of neo-Kantian ideas, while Voloshinov and, following behind him, Medvedev, were much less averse to breaking with the central project of German idealism itself. In each case the Brentanian notion of intentionality, the doctrine that consciousness is always consciousness of something, plays a central role. Consciousness exists in acts directed towards objects, existent or otherwise, that are given to consciousness. Brentano and his followers were invariably anti-Kantian, and they were extremely hostile to the central tenet of neo-Kantian idealism, that objects of consciousness are "produced" from categories dwelling in a transcendental [End Page 521] "consciousness in general" (Bewusstsein überhaupt). While it is far from certain that Brentanian and Kantian principles are incompatible at every level, there is no doubt that any attempt to integrate the notion of intentionality into neo-Kantianism was going to threaten the basis of neo-Kantianism as such. 2 As Gabriel Motzkin notes, Lask's attempt to carry such a project through to its logical conclusion ultimately led to "the destruction of the neo-Kantian empire from within." 3 The Bakhtinian project led in precisely this direction, and this article examines the way in which the work of the Circle shows distinct and ultimately incompatible responses to the crisis of the "empire." Revising neo-Kantianism: Ernst Cassirer and Emil Lask The abstract, or what Bakhtin terms the "theoretist," character of neo-Kantianism derived from two fundamental and interrelated features. The first was a principled opposition to all distinctions between cognition and perception, and the second was an identification of subjectivity with the system of objectifying functions that have their true being in cultural documents. According to neo-Kantian principles, nothing is "given" and everything is posited in an act of subjective spontaneity: objects are constituted from transcendental categories dwelling in "pure consciousness." Summing up the philosophical project of Hermann Cohen, the leader of the Marburg School, Ernst Cassirer noted that "any appeal to a merely given should fall aside; in place of every supposed foundation in things there should enter the pure foundations of thinking, of willing, of artistic and religious consciousness." 4Though seeking to broaden his own enquiry beyond the "trichotomy of the Kantian Critiques," Cassirer, the last major Marburg neo-Kantian, remained wedded to the neo-Kantian project of deriving the transcendental preconditions of the "formations" in which the "objective spirit... consists and exists" and dealt only with a universal subject devoid of practical limitations. 5 Cassirer drew close to phenomenology in the 1920s, when he embarked on his great project The Philosophy of Symbolic Forms, presenting... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 12.1 (2004) 89-93 [Access article in PDF] Richard Shusterman, Performing Live: Aesthetic Alternatives for the Ends of Art (New York: Cornell University Press, 2000) Performing Live can be ascribed to post-modern American pragmatism in its widest expression. The author's intention is to revalue aesthetic experience, as well as to expand its realm to the extent where such experience also encompasses areas alien to (...) traditional aesthetics (for example, popular art or the somatic arts of self-improvement), reaching "the art of living" and reclaiming life itself as performance.After the introduction, titled "Aesthetic Renewal for the Ends of Art: An Overture," the text is organized in two main parts: "Aesthetic Experience and Popular Art" and "Soma, Self, and Society." Along with its ambitious title, the book's organization and structure promise a consistency of approach and narrative that somewhat dissolves during the reading. Shusterman recognizes that the stylistic problems that arise from a compilation of articles spanning ten years, mixing newly written and revised articles, but appeals to the reader's appreciation of the "quality of the mix" (11). Despite this feature, he is a lucid and thoughtful communicator and his writing style is excellent.In order to propose new or revitalized alternatives for the ends of art, Shusterman [End Page 89] explores the crisis in traditional visions of art, pointing to the compartmentalization and lack of credibility in current artistic thought and practice. Hegel, Walter Benjamin, Gianni Vattimo, and Arthur Danto provide him with the philosophical arguments accounting for the modern "exhaustion" of art. He supports a dialectical approach, both naturalistic and historicist, and builds a solid case for the possibility of alternatives in aesthetic thought and experience. He proposes two alternatives in his introduction: The two most prominent sites for today's aesthetic alternatives are clearly the mass-media popular arts and the complex cluster of disciplines devoted to bodily beauty and the art of living as expressed in today's preoccupation with aesthetic lifestyles. (7) It is unclear why these alternatives are "clearly" "the two most prominent." The author does not build a case for this assumption or for the "newness" of these alternatives. The "compilation style" mentioned above and this lack of justification for one of the most original elements in the book make this text often read as a philosophical drafting board. Keeping these characteristics in mind and also critically pondering the degrees of success in the enterprise, the reader must give Shusterman credit for taking risks while suggesting concrete examples for an experiential, holistic philosophy. In this sense, he mentions (in a different context) that "all of us [are caught] between conceptual history and futuristic speculation" (145), and he takes to heart this situation and its challenges.The first chapter in Performing Live aims to redeem or revalue the concept of aesthetic experience. For Shusterman, the loss of "felt experience" in art makes the interest in this concept utterly relevant for art's survival. He traces the lineage of this aesthetic philosophy to John Dewey, Monroe Beardsley, Nelson Goodman, and Arthur Danto. Besides focusing on these authors, his analysis revisits some of the main currents of thought in Western philosophy on the topic (for example, Plato, Hume, Kant, Dickie, Adorno, Benjamin, Gadamer). He concludes that a pragmatic approach to aesthetics, applying the concept of aesthetic experience directionally (as a means towards the actual experience rather than as a definable concept), can provide new paths for revitalizing art. Throughout the text this concept is also used expansively. The post-modern justification of the proposed aesthetics, by allowing the extension of aesthetic experience to embrace "the art of living," can leave the reader wondering if Shusterman has not simply turned Kierkegaard's existentialist stages to self-realization upside down.The second chapter is an open defense of popular art, carried out by contesting the main complaints found in current art criticism. Shusterman's defense is not directed to the products of popular art, but against the claim that popular art is aesthetically "worthless." His definition of "popular art... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University Press, 2012. 210 (...) pp. $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

Contemporary casuistry, informed by a centuries-old intellectual tradition within the Jesuit order of the Catholic Church, characteristically maintains that ethical judgment does not rely on abstract laws, general rules or universal principles. Ethical judgment is formed through a subtle activity of comparing prior, settled cases with the current problem one is experiencing. Judgment on moral matters is therefore thought to be highly context-dependent and requires a sensitivity to the unique facts and social circumstances of each case. This (...) discussion reviews the origins of casuistry within Jesuit thought and then examines the implications of casuistry for organizational ethics. Our central argument is that contemporary casuistry, while correct to emphasize the particularity of ethical judgment, is nonetheless compatible with an important role for general principles in ethical decision-making within organizations. (shrink)

We introduce the notion of complexity, first at an intuitive level and then in relatively more concrete terms, explaining the various characteristic features of complex systems with examples. There exists a vast literature on complexity, and our exposition is intended to be an elementary introduction, meant for a broad audience. -/- Briefly, a complex system is one whose description involves a hierarchy of levels, where each level is made of a large number of components interacting among themselves. The time (...) evolution of such a system is of a complex nature, depending on the interactions among subsystems in the next level below the one under consideration and, at the same time, conditioned by the level above, where the latter sets the context for the evolution. Generally speaking, the interactions among the constituents of the various levels lead to a dynamics characterized by numerous characteristic scales, each level having its own set of scales. What is more, a level commonly exhibits ‘emergent properties’ that cannot be derived from considerations relating to its component systems taken in isolation or to those in a different contextual setting. In the dynamic evolution of some particular level, there occurs a self-organized emergence of a higher level and the process is repeated at still higher levels. -/- The interaction and self-organization of the components of a complex system follow the principle commonly expressed by saying that the ‘whole is different from the sum of the parts’. In the case of systems whose behavior can be expressed mathematically in terms of differential equations this means that the interactions are nonlinear in nature. -/- While all of the above features are not universally exhibited by complex systems, these are nevertheless indicative of a broad commonness relative to which individual systems can be described and analyzed. There exist measures of complexity which, once again, are not of universal applicability, being more heuristic than exact. The present state of knowledge and understanding of complex systems is itself an emerging one. Still, a large number of results on various systems can be related to their complex character, making complexity an immensely fertile concept in the study of natural, biological, and social phenomena. -/- All this puts a very definite limitation on the complete description of a complex system as a whole since such a system can be precisely described only contextually, relative to some particular level, where emergent properties rule out an exact description of more than one levels within a common framework. -/- We discuss the implications of these observations in the context of our conception of the so-called noumenal reality that has a mind-independent existence and is perceived by us in the form of the phenomenal reality. The latter is derived from the former by means of our perceptions and interpretations, and our efforts at sorting out and making sense of the bewildering complexity of reality takes the form of incessant processes of inference that lead to theories. Strictly speaking, theories apply to models that are constructed as idealized versions of parts of reality, within which inferences and abstractions can be carried out meaningfully, enabling us to construct the theories. -/- There exists a correspondence between the phenomenal and the noumenal realities in terms of events and their correlations, where these are experienced as the complex behavior of systems or entities of various descriptions. The infinite diversity of behavior of systems in the phenomenal world are explained within specified contexts by theories. The latter are constructs generated in our ceaseless attempts at interpreting the world, and the question arises as to whether these are reflections of `laws of nature' residing in the noumenal world. This is a fundamental concern of scientific realism, within the fold of which there exists a trend towards the assumption that theories express truths about the noumenal reality. We examine this assumption (referred to as a ‘point of view’ in the present essay) closely and indicate that an alternative point of view is also consistent within the broad framework of scientific realism. This is the view that theories are domain-specific and contextual, and that these are arrived at by independent processes of inference and abstractions in the various domains of experience. Theories in contiguous domains of experience dovetail and interpenetrate with one another, and bear the responsibility of correctly explaining our observations within these domains. -/- With accumulating experience, theories get revised and the network of our theories of the world acquires a complex structure, exhibiting a complex evolution. There exists a tendency within the fold of scientific realism of interpreting this complex evolution in rather simple terms, where one assumes (this, again, is a point of view) that theories tend more and more closely to truths about Nature and, what is more, progress towards an all-embracing ‘ultimate theory’ -- a foundational one in respect of all our inquiries into nature. We examine this point of view closely and outline the alternative view -- one broadly consistent with scientific realism -- that there is no ‘ultimate’ law of nature, that theories do not correspond to truths inherent in reality, and that successive revisions in theory do not lead monotonically to some ultimate truth. Instead, the theories generated in succession are incommensurate with each other, testifying to the fact that a theory gives us a perspective view of some part of reality, arrived at contextually. Instead of resembling a monotonically converging series successive theories are analogous to asymptotic series. -/- Before we summarize all the above considerations, we briefly address the issue of the complexity of the {\it human mind} -- one as pervasive as the complexity of Nature at large. The complexity of the mind is related to the complexity of the underlying neuronal organization in the brain, which operates within a larger biological context, its activities being modulated by other physiological systems, notably the one involving a host of chemical messengers. The mind, with no materiality of its own, is nevertheless emergent from the activity of interacting neuronal assemblies in the brain. As in the case of reality at large, there can be no ultimate theory of the mind, from which one can explain and predict the entire spectrum of human behavior, which is an infinitely rich and diverse one. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How to Inherit a Kingdom:Reflections on the Situation of Catholic Political Thought*Russell Hittinger and Scott RonigerPrudenceIn 1890, in his Sapientiae Christianae, Pope Leo XIII wrote: "The political prudence of the Pontiff embraces diverse and multiform things, for it is his charge not only to rule the Church, but generally so to regulate the actions of Christian citizens that these may be in apt conformity to their hope of (...) gaining eternal salvation" (§37). The title of the encyclical means on principles of Christian practical wisdom, the truths concerning the pursuit in this life of our supernatural end. Leo was also referring to the regnative prudence of the pontifical office, directing citizens qua baptized. Even if the direction is about political morality, the prudential directives presuppose sanctifying grace and a supernatural end. In other words, such prudence is here proffered under the formality of the New Law.1In the concrete, directing those who have sanctifying grace to right [End Page 971] judgment and action regarding what belongs or does not belong to Caesar is not easily given or received. The lines and entanglements are contingent and fluid. At a consistory immediately after World War II, Pope Pius XII remarked that the triumph of democratic forms of government has at least one advantage: "The distinction between the Church and even the democratic State becomes increasingly clear."2 Divine providence includes two comprehensive communities, polity and ecclesia, which differ in their respective origin and end. In the thick of events, they are not always so clear. For the better part of two millennia, ecclesial and civil governments look very much alike from an institutional and sociological point of view. They share families, languages, costumes, arts and sciences, banks, moral principles, the same contemporary media—indeed, even sharing the same laws and international protocols. More than half of the European Union countries are under at least one concordat with the Holy See. Yet when we casually speak of "Church and state," it is easy to imagine two teams in the same order of things. Even so, Pius XII acknowledged that democratic government makes clear(er) that the first subject of the polity is the populus, the people, whereas the first subject of the ecclesia is the Holy Spirit.Beginning with Leo (1878–1903), pontifical prudence had to reckon with the benefits and challenges of representative governments. Whenever public responsibility is vested in the citizens, the baptized citizens bear a greater burden of distinguishing what properly belongs to the Church and to civil government. For in representative governments the citizens are not vassals or retainers of the king and his court. Therefore it falls more directly upon the people to understand the difference between Church and civil government.3Leo understood the world he inhabited. In Rerum Novarum (1891), he mused, "Nothing is more useful than to look upon the world as it really is" (§18). This marks an important change in papal letters after 1789. Christian wisdom has to be communicated not merely to Catholics who are subjects but also to Catholics who are citizens: in France, Germany, Italy, Belgium, [End Page 972] and so on. Thus, Leo observed in an allocution two years after Sapientiae Christianae: "Faith embodied in the conscience of peoples rather than restoration of medieval institutions is the way to final victory."4As it turned out, Leo's greatest problem was the French Church and the Third Republic, which became more aggressively laicist with every passing decade, even though it was still under the 1801 concordat signed by Napoleon and Pius VII. For Leo, much was at stake, chiefly the law of divorce, which had been excised from the Napoleonic Code. Born in 1810, Leo had seen the historical events: the captivity of Pope Pius VII and then his release by the French, the demise of Napoleon, the loss of the papal states (the longest continuous temporal government in western Europe, until the summer of 1870), and Otto von Bismarck's Kulturkampf. He possessed those chief parts of prudence: memory, foresight, circumspection, and above all caution!Writing to the French Church in 1892, he observed that:Founded by Him who was, who is, and who... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Eclipsing Art: Method and Metaphysics in Coleridge’s Biographia Literaria *Tim MilnesColeridge’s PredicamentIn his self-addressed “letter” which precipitates the abrupt end to the thirteenth chapter (and with it, the first volume) of the Biographia Literaria, Coleridge likens the current state of his argument to “the fragments of the winding steps of an old ruined tower.” 1 The suggestion of intellectual ascent in this is revealing and is echoed a (...) few years later by his explanation of the pedagogical function of the “Landing-Places” between the essays in The Friend (1818). 2 The underlying idea, as usual with Coleridge, is akin to that of an exercise in intellectual and spiritual mountaineering. The thinker, having established a safe base camp in fixed first principles, gradually ascends to higher truths, which are at the same time taken to be foundational and which form the ground of the whole process. The logical return here is what Coleridge elsewhere explains as the “seeming argumentum in circulo, incident to all spiritual Truths.” 3 In the Biographia, however, this process of simultaneous levitation and descent remains notoriously incomplete, left over for the projected but never completed “great book on the constructive philosophy.” 4 Thus, the procedure initiated in the philosophical [End Page 125] theses of chapter twelve having been arrested, the project of chapter thirteen, “in which the results [of the theses] will be applied to the deduction of the imagination, and with it the principles of production and genial criticism in the fine arts,” 5 is left as a fragmentary exposition in the hugely influential but attenuated and gnomic sequence of distinctions between primary and secondary imagination, and fancy.Consequently, students of Coleridge have been left to puzzle over the “missing” argument for themselves and to explain why Coleridge seems to give up at this point. At least since Thomas McFarland’s Coleridge and the Pantheist Tradition it has been accepted that a significant part of the problem lies with the “counter-pull” 6 exerted upon Coleridge’s thought at this point in time between Kant and Schelling (or, as McFarland sees it, between Kant and Schelling / Spinoza). In other words, it is the pull between a system in which free will is preserved at the price of being declared noumenal and one in which free will is imperilled but set against the goal of a system of total and undivided philosophy at ease with the infinite. The difference between the methodologies of Kant and Schelling, as Gian Orsini noted, is the product of their contrasting first postulates, or philosophical starting-points. While Kant sets out from the epistemological problem of to what extent objects can be said to conform to human knowledge, Schelling asks, “do we deduce Mind from Nature or Nature from Mind?” 7 Each of these presumes a completely different kind of enquiry from the other, and thus a different method; a fact Coleridge appears to have fully appreciated only during the composition of the Biographia.The Biographia’s problems have provoked a diverse range of critical responses over the years. 8 Among these, however, there is a more or less settled [End Page 126] opinion that Coleridge’s failure at this stage to come to terms with the Kant / Fichte / Schelling debate merely added to the difficulty of a work which, having begun its life as a reply to and a rebuttal of Wordsworth’s empirical and associative definition of imagination as set out in the Preface to his Poems (1815), had already far exceeded its initial plan both in scope and size. As the statement of his poetic principles and critique of Wordsworth had turned into a literary life, and this into a broader exploration of his developing views on epistemology, religion, and the history of language, so the “Preface” to the Sibylline Leaves (as it had originally been conceived) now dwarfed that work. Coleridge’s printer’s decision to produce the Biographia in two volumes only served to emphasize the break between its “philosophical” and literary-critical planes and the failure of Coleridge’s declared intention to apply the rules of art, “deduced from philosophical principles, to poetry and criticism.” 9Yet there was always something... (shrink)

The Holy Scriptures can be considered a specific kind of normative texts, whose use to assess practical moral cases requires interpretation. In the field of ethics, this interpretative problem results in the necessity of bridging the gap between the normative source – moral precepts – and the specific cases. In the history of the Church, this problem was the core of the so-called casuistry, namely the decision-making practice consisting in applying the Commandments and other principles of the (...) Holy Scriptures to specific cases or moral problems. By taking into account the sin of lying, this paper argues that casuistic texts reveal an extremely sophisticated interpretative method, grounded on “pragmatic” contextual and communicative considerations and argumentative structures that resemble the ones used in legal interpretation. These works show how the underspecified biblical text expressing an abstract norm was enriched pragmatically by completing it and modulating its meaning so that it could be used to draw a conclusion in a specific context on a specific case. The mutual interdependence between biblical interpretation, pragmatics, and argumentation sheds light on a much broader phenomenon, namely the pragmatic nature of argumentation. (shrink)

People who teach business ethics seem locked between two general approaches: an applied philosophy approach that emphasizes the application of abstract ethical theories and principles to specific cases, and the case method approach that leaves the students without any more general theoretical framework with which to approach ethical issues. Classical American Pragmatism, understood as a school of philosophical thought, links these two approaches by providing a new grounding for moral theory in which moral rules are understood as (...) working hypotheses abstracted from concrete situations and moralreasoning demands the return to concrete situations as the foundation for moral decision making that is inherently contextual. Thus moral decision making is bottom up rather than top down, and a sense of moral rightness comes not from the indoctrination of abstract principles but from attunement to the way in which moral beliefs and practices must be rooted naturally in the very conditions of human existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:William Righter GOLDEN RULES AND GOLDEN BOWLS In one of his last interviews Michel Foucault remarked on the relation of any search for a perfect existence to the source of those forms of obligation which paradoxically make it possible, and hence on the variable shapes of the interdependence of the beauty of life with the moral understanding by which we accept the nature of our obligations. He (...) sees this in terms of the way these obligations establish themselves, by recognition and submission, by what he calls "the mode of subjection {mode d'assujettissement), that is, the way in which people are invited or incited to recognize their moral obligations. Is it, for instance, divine law, which has been revealed in a text? Is it a natural law, a cosmological order, in each case the same for every living being? Is it a rational rule? Is it the attempt to give your existence the most beautiful form possible?"' If we wish to do something like finding the most beautiful form of life, we face problems of moral calculation, we must formulate principles of choice, and above all learn to make our submission to the necessity such principles may imply. "What is the mode d'assujettissementT'' Foucault asks: It is that we have to build our existence as a beautiful existence; it is an aesthetic mode. You see, what I have tried to show is that nobody is obliged in classical ethics to behave in such a way as to be truthful to their wives, to not touch boys and so on. But if they want to have a beautiful existence, if they want to have a good reputation, if they want to be able to rule others, they have to do that. So they accept those obligations in a conscious way for the beauty or glory of existence. The choice, the aesthetic choice or political choice, for which they"decide to accept this 262 WtLLiAM Righter263 kind ofexistence—that's the mode d'assujettissement. It's a choice, a personal choice.2 At some levels this choice looks quite simply like a calculative sacrifice of the lesser thing for the greater. But an important element of the incommensurate enters into the choice. The beauty, the glory of the thing far surpasses the small normative commitments one undertakes for its sake, both in degree and in belonging to another and superior order. The beautiful form of existence is separated by some enormous gulffrom those social and human arrangements that must be submitted to it. Yet one is aware of basing the beauty of life on these lesser forms of obligation. Many things may be subjected, as one sees in The Golden Bowl, to the greater principle, where almost anything may be sacrificed as long as the beauty of that principle is in view. But how do we assess this disproportion and see the propriety of subjection established? For subjection could come to serve many principles, and in The Golden Bowl we shall observe the studied operation of subjection in a world where principles are continuously and meticulously examined and re-examined. The Foucaultian conjunction of obligation and the "glory of existence" touches the heart of a work where the fascination with the incommensurate moves uneasily between alternative versions of that glory. What is the overriding principle that underwrites and legitimates such anexistence?James's involvementwith such a "particular attaching case" seems to proceed from the fullest sense of the difficulty, from the fullest rendering of incompatible versions ofthat existence, brought into the closest and tightest formalbond. The very simplicity of the action somehow produces an enforced contemplation of a bizarrely closed world, in which the dynamics of the two marriages shape a conflict that seems inevitable, even strangely natural. It can be expressed in a few words. A widowed American millionaire, Adam Verver, has in his late forties retired to the life of a collector of objects of art. In his travels with his daughter Maggie, they collect also ahusband forher, a Roman prince. To ease the consequences for her father Maggie promotes his marriage to her closest school friend Charlotte. Unknown to the Ververs she and the Prince were once lovers... (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international (...) level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:46. HUME AND THE FUTURE OF THE SOCIETY OF NATIONS In the section of Hume's Treatise of Human Nature entitled Of the laws of nations (Section XI of Book III) he says: Political writers tell us, that in every kind of intercourse, a body politic is to be consider 'd as one person; and indeed this assertion is so far just, that different nations, as well as private (...) persons, require mutual assistance; at the same time that their selfishness and ambition are perpetual sources of war and discord.But tho' nations in this particular resemble individuals, yet as they are very different in other respects, no wonder they regulate themselves by different maxims, and give rise to a new set of rules, which we call the laws of nations. 1 He goes on to give examples of such laws:the sacredness of the persons of ambassadors, the declaration of war, the abstaining from poison'd arms, with other duties of that kind, which are evidently calculated for the commerce, that is peculiar to different.societies. (T 567) Hume then tells us in the next paragraph that such laws of nations may be added to the three laws of nature (that possessions should be stable, that possessions should be transferable by consent, and that promises or contracts should be kept) but that these laws of nations do not supersede the laws of nature; that is, they do not make the laws of nature irrelevant to relations among nation-states. In fact, the morality among nation-states involves the same kinds of obligations as morality among private persons, but the obligations are not as binding. The obligations of nation-states to each other can more readily be overridden by concerns of self-interest than would be legitimate in the case of private persons because nation-states are more nearly able to maintain themselves without external assistance than are individual persons. In Hume's words,... tho' the 47. morality of princes has the same extent, yet it has not the same force as that of private persons (T 558) because tho' the intercourse of different states be advantageous, and even sometimes necessary, yet it is not so necessary nor advantageous as that among individuals, without which 'tis utterly impossible for human nature ever to subsist. (T 569) In the last paragraph of this section Hume addresses himself to the question of the proportion these two species of morality bear to each other. (T 569) He says that we can never give any precise answer (T 569) and that the proper proportion is exhibited in the actual practice of the world. He takes this fact as showing that all men recognize that the rules of morality, both among private individuals and among nation-states, arise from human conventions, and from the interest, which we have in the preservation of peace and order. (T 569) When discussing the same issue in his Enquiry concerning the Principles of Morals Hume is more succinct. The observance of justice, though useful among them [nations], is not guarded by so strong a necessity as among individuals; and the moral obligation holds proportion with the usefulness. 2 """ The moral obligations of individuals to each other is thus greater than that of nations to each other because keeping the rules of justice is inore useful in the former case than in the latter. But Hume did not live in an age of atomic weapons, long-range missiles, and precision-guided munitions. Furthermore, the nations of the world are now much more interdependent than in his day, not only with regard to where they get the resources they need but also with regard to what they do with their wastes. There seems to be little roo.? _or dtubt that the utility of following the rules of justice among nations is much greater now than it was in the eighteenth 48. century. Since a nuclear war might mean the end of the human species, the utility of justice among nations seems to be approaching, perhaps even surpassing, the utility which moral rules have at the level of private persons. In view of this changed situation, I intend to review what Hume has... (shrink)

Law is a system of legal rules and legal principles. The distinction between them is a relative one. Always such definite major and minor premises are to be formed that the case can be subsumed under the rule and a conclusion, which includes the decision, can be drawn. This applies to legal principles that are operationalised by legal rules as well as to statutory forms of legal rules, which are often open as to their meaning and/or contain (...) definitions that comprise elements of principles. The basic characteristic of legal principles is that they are value measures directing the definition of legal rules as to their contents, the understanding of the rules, and the manner of their application. Legal principles aim at a goal, have weight, and define the scope of the meaning within which the legal rules move. The operationalisation of legal principles is the _ratio decidendi_ that the court has to achieve in order to be able to decide in a concrete case. Legal principles live through the rules that are the reasons for the decision in a concrete case. New cases can be solved by a new operationalisation of legal principles or by analogous application of precedents if the new cases, in their essential elements, correspond to cases that have already been decided. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to (...) initiating human gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics by Ashley John MoyseJoshua DanielReading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics Ashley John Moyse NEW YORK: PALGRAVE MACMILLAN, 2015. 263 PP. $100.00Reading Karl Barth, Interrupting Moral Technique, Transforming Biomedical Ethics by Ashley John Moyse is a work in fundamental theological bioethics. Rather than an applied approach that attends to particular dilemmas or issues—which falls prey to (...) the "moral technique" that is Moyse's main target—the author articulates an embodied ethical practice of postures, grounded in Karl Barth's theology, which promotes conversation over solitary reflection and plurality by way of particularity. Beyond usual complaints about contemporary biomedicine and bioethics, Moyse's subtle point is that standard bioethics, trapped in the totalizing grammar of common morality theory, functions as a technique, a tool to produce decisions more efficiently from the abstracted, disengaged stance of an impersonal agent. Hence, bioethics itself mimics the very technologies that provoke bioethical perplexities in the first place. What's needed, according to Moyse, is less a new theory than a new catechesis that can interrupt and transform standard bioethics at the level of embodied practice. [End Page 221]After an introduction that outlines the book's argument and perspective, the first chapter gives an account of bioethics' grounding in common morality theory (specifically, Tom Beauchamp and James Childress, and Bernard Gert). Ultimately, common morality is judged to be sinful, presuming that the proffered moral mastery of bioethics can secure the human good. Over the next three chapters, Moyse articulates, on the basis of Karl Barth and ancillary others, three postures of human flourishing involving dispossessing ourselves of moral mastery, each aligned with a theological virtue. First is the posture of openness or embodied solidarity, understood as a combination of the availability of our full attention to the other, with the fidelity to remain so available. Theologically, this aligns with love as self-surrender to the other and relates to Barth's account of humanity as cohumanity, existing essentially in encounter and community. Second is the posture of agency, understood as the freedom to act recognizant of the particular and provisional character of our decisions. This aligns with hope and is grounded in Barth's account of God's command as permission discerned through conscience and with others. Third is the posture of respect, which is a coalescence of openness and agency in view of our temporal finitude, consisting of reverence for the life we're given and resolve to live it in the face of illness and death. This aligns with faith and relates to Barth's account of God's command to live as the freedom to will to live within limitations. Moyse concludes with an illustration of how these postures might be exercised not as an application to a particular dilemma or issue but as a catechetical re-envisioning of our common moral space.Moyse makes a convincing case that Barth is a profitable theological resource for transforming bioethics, particularly in terms of shifting ethical attention from principles and rules to actual persons. While the exposition of Barth is excessive, much of it simply shoring up the book's theological credentials, what Moyse builds from it is salient. Still, he might have theorized the concept of posture more. The term is provocative in its corporeally concrete implications but vague as an ethical category. Moyse differentiates postures from Aristotelian habits yet doesn't clarify how postures differ from virtues. That Moyse aligns his postures with theological virtues only sharpens the problem. Relatedly, this reviewer wishes Moyse had engaged Edmund Pellegrino's medical ethical work: their shared discontent with principles-based bioethics but divergent intuitions of what bioethics should be (Pellegrino favoring a more philosophical, virtue-ethical, and humanistic perspective) would have helped define Moyse's contribution more sharply. Ultimately, these dissatisfactions are testimonies to this reviewer's appreciation for the substance of Moyse's own ethical voice and desire to hear it more clearly. [End Page 222]Joshua DanielUniversity of ChicagoCopyright © 2017 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Randall Allsup, “Species Counterpoint: Darwin and the Evolution of Forms”Lauri VäkeväI was thrilled to be asked to respond to Randall Allsup's paper as his standpoint appears to be close to my own.1 I take it that his interest in Darwinian metaphors [End Page 220] reflects at least moderate interest in naturalism—an approach that should be taken seriously in our field. However, there are many varieties (...) of naturalism. In the following, I will deliberately interpret Allsup's ideas from the standpoint of the so-called 'soft' or 'cultural' naturalism favored by later Dewey and his followers.2As I see it, the most powerful precept of naturalism is its attack on essentialism—paradoxically the doctrine which focuses most deliberately on the nature of things. The essentialist, however, thinks of nature as something inherent in how things are, making them ultimately what they are. This kind of ultimate nature is something that a contemporary naturalist can never touch, for she only relies on empirical inquiry that departs from and returns to the contingent realm of lived experience. It is the latter that we attempt to make sense of as to try to live our life as fully as possible. At its best, philosophy can help us in this undertaking.To a naturalist, then, the essentialist's use of the term 'nature' is an anachronism, a remnant of an age when philosophers searched for the "really real," certain, absolute, and immutable. Were we to follow philosophical naturalism today, we should rather be looking at how things become empirically realized for cultural agents in their various life-practices. Culture is not seen as distinct from nature but as continuous with it: both can be understood through same means. This also covers the realm of value, which naturalism does not conceive as transcendental in any metaphysically binding sense, but rather as something that is realized in daily life and that thus has an empirical stand.Applied to the philosophy of music, naturalism states that it is futile to look for the essence of this art (or for that matter any art) through philosophical introspection or through logical analysis for the simple reason that we are always in the process of formulating it in our lives. The nature of music depends on the interpretative horizons of cultural agents living in a situation. 'Situation' (understood here in the sense that Dewey used the term) is the existential point of departure of our understanding and as situations vary, so do types of inquiry; therefore, we do not have to take as inclusive any particular claims about music, as they are merely particular answers to certain types of problems. Any path of musical inquiry may be worth taking, not because they all lead to the same destination, but because they can guide us through the rich thicket of possible experience that gives music its significance. This implies an open attitude towards all things musical, a theme which I find strong in Allsup's paper.One can also read another important naturalist point in his essay: "music—like life—evolves." Evolution is indeed a recurring theme in contemporary philosophical naturalism: what was previously considered as static or as perennial in nature and in culture can be now seen as being under continuous change. [End Page 221] Even mountains (and this is one of Dewey's favorite similes3 ) can be considered as events in the long run and even the most persistent of culture's beliefs may crumble someday.This awareness of all-encompassing change may not be very comforting: it might be mentally healthier to cling to rationalizations of how things that appear to change in fact do not. It may be more comforting to think that there must be a stable principle, a system of universally set rules, governing the randomness. For centuries, philosophy has been driven by this belief. In the philosophy of music, this is reflected in the problem of how the most ephemeral of the arts can be explained as having everlasting value. Mutatis mutandis, when music educators have argued over the pedagogical significance of music, one of the most pervasive ideas has been that music... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Main Street as Art Museum:Metaphor and Teaching StrategiesElizabeth (Beau) Vallance (bio)In truth, walking down Main Street in many American small towns today is rather like walking through an art museum whose walls have mysterious gaps where paintings have been removed for cleaning. Maybe more accurately, walking down Main Street can be rather like walking through the Isabella Stewart Gardner Museum in Boston after a Vermeer, two Rembrandts, and (...) eleven other artworks were stolen in 1990: since the Gardner's charter does not allow it to rearrange its holdings, the resulting gaps remained with only explanatory notes in their too-large spaces on my last visit there. A town I know well has a disturbing number of empty storefronts, identified with only the faint outlines of their former names, their windows holding explanatory notes in the form of signs proclaiming that they are for sale or rent. Thanks to Wal-Mart and other big-box stores thriving in a distinctly nonpedestrian strip north of town, the commerce that once thrived on Main Street has died or been removed to new locations, and the once-lively street-level shop windows that testified to downtown liveliness for foot traffic are now empty, awaiting new life as, very likely, antique shops or restaurants.But in principle, a walk down Main Street can be very much like a stroll through a museum gallery—visually rich, inviting unexpected choices, aesthetically rewarding. This article explores the concept of shop windows as visually ordered compositions much like paintings and other art objects and suggests some approaches to applying this concept in teaching a range of subjects and styles of art in both classrooms and actual museums. For the purposes of argument, we will assume that our mythical Main Street is alive [End Page 25] with businesses of many kinds, with the old-fashioned windows open to the street that allow us to "window shop" for many blocks. Some of my examples are drawn from the very enjoyable experience they still offer, of wandering from image to image, commenting as we go.Museum Visitors as Window-ShoppersConsider the behavior of the average museum visitor, a composite characterization drawn from my years as a museum educator and augmented by a few statistics on how people comport themselves in museums and other public places. The behavior of visitors in art museums is an especially clear case of how people observe deliberate compositions, for in art museums objects are typically arranged fairly sparely, with minimal crowding of the objects themselves, small labels that may or may not explain much about the painting or sculpture or silver tureen, good lighting, and a fairly hushed atmosphere, unless a crowd has gathered for a family festival or a major exhibition.Generally, people come to museums in pairs or small groups and not necessarily with a clear plan beyond perhaps seeing a particular favorite work of art or generally catching the highlights of the collection. Their purpose may be social as much as specifically educational, and those who come with companions tend to chat a bit as they walk through the collection. Generally, other things being equal, they turn to the right on entering the building.1 After that, however, visitors become unpredictable, and they meander among the objects in ways the museum cannot control unless visitors are following a live tour guide or a printed self-guiding tour that recommends stopping at selected objects in a predetermined order. Visitors may move to a large object located in the center of the gallery (such as a medieval suit of armor, an Egyptian mummy case, or an enormous painting on a freestanding wall partition), or to a case filled with many small precious-looking objects (such as pre-Columbian gold jewelry from Peru, or the tiny bass sculptures that are gold weights from the Ashanti culture in Ghana). They may be drawn to something in a familiar style, such as a large Impressionist painting or a Rembrandt-looking portrait. They may gravitate to a favorite object in the collection, or they may be attracted by a new acquisition or a work recently installed after many years in storage. At all these stops, they... (shrink)

A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and (...) his opinions on the federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here. (shrink)

"That the art of life is creative, imaginative, and individual does not mean... that it cannot be taught and learned or that individuals cannot improve their mastery of it. Teaching it proceeds by way of exemplary lives, and learning it consists in coming to appreciate what makes some lives exemplary.... That imitation here is impossible does not mean one cannot learn from examples. The question is, How can that be done reasonably; how can decisions about how one should live escape (...) being arbitrary, if they are left to individual creativity and imagination and are not governed by rules that apply to everyone living in a particular context?"—from The Art of Life The art of life, according to John Kekes, consists in living a life of personal and moral excellence. This art requires continuous creative effort, drawing on one's character, circumstances, experiences, and ideals. Since these conditions vary with times and places, Kekes says, there can be no single blueprint for the achievement of excellence. We must do it ourselves—but we can learn from those who have lived exemplary lives. Reflecting on lives of integrity and honor, Kekes formulates what we can learn from them and what we can do to adapt the ideals they represent to our personal circumstances. Avoiding both the abstractness that characterizes much moral thought and the relativism that recognizes no rational or moral limits, Kekes shows how serious philosophical thinking can be readable and helpful to those who struggle with the perennial problems of human existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Politica of Justus Lipsius and the Commonplace-BookAnn MossThroughout Western Europe in the sixteenth century, schoolboys and grown men educated in the Latin schools of the humanists would recognize the commonplace-book as an indispensable tool for making sense of the books they read, for assimilating the written culture transmitted to them, and for possessing the means of production in their turn. This handy organizer of information and rather (...) effective retrieval mechanism has been treated with a fair amount of contempt after being sidelined towards the end of the seventeenth century and then falling into public disrepute, its rich stock of precious commonplaces devalued into the small change of mere banalities. Nor indeed does it suit the agenda of post-Romantic scholars and critics looking in a simplistic way for signs of originality and innovation. However, the last few years have seen commonplaces in their more sophisticated guise back on the critical agenda, with several particular studies and, latterly, two major overviews published in a single year. 1 The thesis underlying this paper is that the commonplace-book is central to an understanding of how knowledge was organized in the early modern period. More than that, the commonplace-book keys us into procedures of investigation and debate and into the dialectical and rhetorical modes of articulating thought which were agreed to have persuasive force; and it exhibits the commonality of expectations, the common places, which ensured a common route into a shared area of communication when the cultural consensus of Western Europe was strained to breaking point.One test of this thesis will be whether it can be usefully applied to texts which fit badly into interpretative frames familiar to the modern reader. The particular purpose of this paper is to apply the principles of commonplace-book [End Page 421] reading to just such an awkward case, in order at least to suggest the possibility of recovering an historically probable reading strategy which may more fully recuperate the text for the modern reader. The Politica of the eminent Stoic philosopher and scholar of antiquity, Justus Lipsius (1547–1606), is a network of quotations from ancient authorities linked together by Lipsius’s own words. He himself regarded it as one of his most important achievements. His contemporaries and their seventeenth-century descendants knew perfectly well how to read it, and there is plenty of evidence that they regarded it highly. 2 Modern readers find it an embarrassment, not knowing quite what to do with a book from which the author eclipses himself, yet keeps a dead hand on it: “All of it is mine and nothing is.” 3 Modern critics tend to assume it is all Lipsius, riding roughshod over the quotation indicators 4 ; or they prefer to think that nothing is and treat the text solely as a compilation of extracts 5 ; or they get tied in knots trying to rescue Lipsius’s voice drowned out in his quotations. 6 But Lipsius’s original readers in 1589 knew how to read it, because he told them: “For what is it but a well-arranged register of accounts or COMMONPLACES?” 7If we are going to get anywhere near the original point of reception, we must remind ourselves about commonplaces and commonplace-books. It was Erasmus in De copia who gave the first systematic guidelines for making commonplace-books, but by the time of Lipsius schoolboys in every Latin school in Northern Europe were busy excerpting from their [End Page 422] texts as they read, either under the schoolmaster’s instructions or at their own discretion. The commonplace-book was a probe and an instrument for redistributing text so as to ensure maximal retrievability and optimum application. Here is one of the many enthusiastic promoters of the practice, writing in 1564:So that the more important passages in the authors set for reading and the more brilliant sententiae, exempla, similitudes, words, phrases, and outstanding figurative expressions may be the more readily imprinted on the memory and available and ready for use as occasion requires, it is extremely useful to have the common-places of the main intellectual disciplines arranged in a definite order, under which students may note... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Of Literary Universals:Ninety-Five ThesesPatrick Colm Hogan1. There is no such thing as human culture or human cultural difference without human universality.1 (A parallel point about understanding human cultural difference was made by Donald Davidson.2) Alternatively, cultural difference is variation on human universality.2. It follows that every area of a culture manifests human universality. (Otherwise, those cultural areas would not exist.) It does not follow that all areas of (...) culture are found in all cultures. The empirical study of literature, an area of some cultures, would not exist if it did not manifest human universality. It does not follow that the empirical study of literature exists in all cultures.3. The presence of verbal art in any given culture—thus the determination of whether verbal art is found in all cultures—is dependent on the investigator's definition of the term "verbal art," not on the presence or absence of a parallel term in the culture being investigated. "Verbal art" is no different from any other term or phrase in this respect. We would not conclude that there is no color orange in a place that does not have a word parallel to "orange" or that there is no astigmatism in societies without ophthalmology—or that the English do not experience ennui or Schadenfreude.On Communicative Speech4. To understand or even isolate verbal art, we must first understand the general purposes and properties of communicative speech.5. Communicative speech aims at producing some mental alteration in an addressee. That change commonly has some direct or indirect action as its desired outcome. For example, suppose I am building [End Page 145] a house with Wittgenstein and I say "Plank!" My aim is to produce a mental change in Wittgenstein that will result in him retrieving a plank and bringing it to me.6. Action commonly involves a set of generative principles for bodily motion or mental deliberation, a set of regulative principles for adjusting the motion or deliberation, and a set of motives for initiating the motion or deliberation.7. Communicative speech, then, commonly aims at fostering emotions and ideas or representations that, in combination, activate and specify generative principles for action in an addressee. (The emotion may be very weak—for example, a mild aversion to being uncooperative.) It may involve regulative principles as well.8. Verbal art—as I am using the phrase—also aims at producing a mental alteration in an addressee. However, that mental alteration is not, in the first place, governed by the overarching goal of effecting a particular actional outcome. Thus it is not designed to engage generative rules for action or to trigger emotions that motivate such action.9. Rather, verbal art is commonly designed to communicate regulative principles for action and to inspire emotions that do not have direct actional outcomes in the case at hand.10. There are two sorts of regulative principles that figure prominently in both ordinary life and verbal art—ethical and prudential. They constitute the thematic or didactic aspect of verbal art, an aspect noted in every major tradition of literary theory—European, South Asian, East Asian, and Middle Eastern/North African.311. Here and in other cases, individual works of verbal art need not share all universal properties or share them all in the same degree.Rather, all cultural traditions have a body of works of verbal art that, as a whole, have these properties.On Emotion12. Any sort of emotion may occur in verbal art. Indeed, verbal art involves all varieties of emotion.13. However, verbal art is not about the addressee himself or herself. Therefore a literary work does not inspire narrowly egocentric emotions in its audience. It inspires empathic emotions.14. Empathic emotion may be a function of situational particularity or of group identity. In situational empathy, we share a person's or character's emotion insofar as we have been in a parallel situation. [End Page 146] The shared feeling is based on emotional memories. In group-identity empathy, we share a person's or character's feelings because we tacitly understand him or her as sharing our identity. This shared feeling is, then... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FÉLIX MaRTÍNEZ-?????? TOWARDS A FORMAL ONTOLOGY OF FICTIONAL WORLDS In this discussion ' I propose a few concepts for the description and classification of fictional "worlds." The variety of fictional systems of"reality" can be understood, I diink, as an aspect ofthe phenomenon of style in literary imagination.2 But styles of imagination or of vision, and die style of literary works, are more than simply kinds of fictional worlds. (...) To put in some perspective my attempt at classification of literary works according to their systems of reality, I will make first a few remarks on the notion of style. It is a well-known preliminary problem when speaking of style diat this word seems to have more than one meaning in ordinary usage. I think that some ofits current meanings are rich and important, and that literary knowledge would profit if we could reconstruct them in abstract and defined concepts, so that the notions involved were somewhat clarified. I doubt diat diis is possible with current conceptual tools. We can see what is meant, say, when we hear diat a certain person we know "has style"; and we certainly distinguish diis attribute from others such as elegance, good manners, character, taste, originality, mannerisms, or idiosyncracies. Thus, we occasionally perceive in personal behavior a phenomenon called style. A conceptual description or a satisfactory definition of such a given, however, seems very difficult. Speaking of matters of art and literature, "style" has been used, among other things, to designate both the conventional forms of traditional expression (as in "manuals of style") and the anomalous, convention-breaking forms of highly individuated creation (as in die classic conception of Vosslerian-Spitzerian Stylistics, or in Buffon's "Le style c'est l'homme même," as usually understood). Style, dien, as conformity and style as singularity and deviance; style as impersonal decorum and as presence of a unique personal essence in the work. This perplexing ambiguity may be reducible though. Whether conventional and common or personal and innovative, style appears to be a form that characterizes and holds together a creation or a phenomenal entity. Indeed, the fact that 182 Félix Martínez-Bonati183 singular innovations of style often become the common trait of a school or current and sometimes a part of general tradition seems to indicate that neither singularity nor general acceptance are the most basic elements of die notion of style. On first reflection, we may conceive of style as a formal principle that consistently determines the constitution of die pertinent objects. Nonetíieless, constitutive form is too weak a definition for style, since it would also apply to what is called "technique" and even to genre. We must look for a more specific determination. There is anodier ambiguity in everyday uses of die word "style" diat deserves attention. We speak often of "good style" and "bad style." But sometimes we speak as if no style is bad and the thing that matters is to have style at all and as much of it as possible. Thus, we condemn a work because of its having no style or only a weak one. This contradiction probably derives from the confusion of a particular normative, a general normative, and a merely descriptive notion of style. We should keep, if possible, to a merely descriptive notion. Still another uncertainty of usage, in literary matters, relates to the (not universally accepted) restriction of the notion of style to a linguistic one; style, in this restricted usage, is seen as primarily an attribute of diction. The most numerous of literary studies of die style of singular works have been, so far as I can see, descriptions of idiolects. In many cases, the linguistic peculiarity is taken as an index of the world-view or die style of imagination diat is supposed to have produced the work. Alternative to this approach, indeed complementary, is the study of literary style as an attribute of die fictional entities to which literary discourse refers. We find the latter kind of approach mostly in characterizations of genres or of periods ("the naturalist novel," "romance," "classicism," etc.). One may suppose that an exhaustive analysis of the idiolect of a work... (shrink)

The phrase “applied moral philosophy” might naturally be understood as the application of general moral principles to descriptions of particular situations in order to derive conclusions about what ought to be done in those situations, but given the lack of agreement on general principles, any such conclusions would be disputable. Other possibilities are that applied moral philosophy is ethical thought directed toward concrete rather than abstract moral issues, or toward practical moral problems that arise in actual social life (...) rather than toward imagined hypotheticals. According to the reflective equilibrium conception, we should seek to reach a set of moral beliefs that hang together coherently, the general beliefs explaining and justifying the more particular beliefs that seem acceptable after reflection. On this conception, a judgment at any level of generality can reasonably shape our all things considered responses to practical moral controversies, so no important line separates applied and nonapplied ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.3 (2005) 229-234 [Access article in PDF] Nonlinear Dynamics at the Cutting Edge of Modernity: A Postmodern View Gordon Globus Keywords nonlinear dynamics, modernity, postmodernity, quantum brain theory, free will, self-organization, autopoiesis, autorhoesis Although nonlinear dynamical conceptu-alizations have been applied to psychia-try for over 20 years,1 they have not had significant impact on the field. Unfortunately Heinrichs' very thoughtful contribution to the discussion is (...) unlikely to move such disinterest. Pragmatically successful paradigms in the phase of Kuhnian "normal science" are highly resistant to change. There is no crisis that besets triumphalist biological psychiatry that might lead to clinical or scientific revolution. At the same time, as I suggest at the end of this commentary, the ideas of nonlinear dynamics may not be revolutionary enough, remaining staunchly within the framework of modernity.In what follows I discuss four issues related to Heinrichs' article. First, I try to enrich his presentation of nonlinear dynamics by bringing in the role of self-organization in the evolution of nonlinear dynamical brain systems and by making the nonlinear dynamics "tunable." Second, I discuss whether Heinrichs succeeds in avoiding the dualism of the biopsychosocial model that he criticizes. Third, I look at the issue of "free will," which Heinrichs would understandably like to avoid. Finally, I mention a new form of dynamics, namely thermofield dynamics, which I think is more promising than nonlinear dynamics. Self-Organizing Self-Tuning Nonlinear Dynamical Systems In the case of psychiatry, we are not considering nonlinear dynamical systems like the weather or an ecosystem, but the brain's neural networks in terms of nonlinear dynamics with all its chaos. There is a principle of such systems of neural networks that Heinrichs does not bring out, although it is extremely important for them. These systems are self-organizing under a Hamiltonian principle of "least energy." To use Hopfield and Tank's (1986) terms, nonlinear dynamical neural networks self-organize toward attractors that minimize the "computational energy" of the system, or for Smolensky (1988), self-organize toward "harmony," or for Globus (1995, 2003), in a Heideggerian vein, self-organize to maximize "belonging-together." In this elaborated framework, rational deliberation is one constraint among many on a self-organizing nonlinear dynamical process. [End Page 229]Heinrichs brings out beautifully the nonlinear dynamical way of thinking clinically. This is not the dynamics of mechanistic psychodynamics, which features psychological forces in vectorial conflict—id versus superego and their compromises—but a flowing evolution of states in which small changes in initial state may have large effects (nonlinearity) on the state trajectory. To live a life is often to feel surprise, which nonlinear dynamics with its chaotic regimes well portrays.But there is a way that classical Freud and nonlinear dynamical neural networks do come together—in the "economics," discharges and conservations of libidinal energy, expenditures and credits in Derrida's (1978) accounting. Heinrichs does not mention this similarity. The economic principles differ between Freud's late nineteenth-century thermodynamics and Heinrichs' late twentieth-century nonlinear dynamics, it is true, but it is all economics.Freud called this economic functioning the "pleasure principle" in which "libido" seeks to discharge its instinctual energy store, reducing the level of instinctual tension. This "primary process" proceeds to an attractor by the quickest, most direct way possible, whereas the "secondary process" defers reduction in instinctual tension, subjecting the primary process to thought. Self-organizing directly to the attractor is the primary process with which the secondary process interferes, introducing deferral.The economy of nonlinear dynamics pictures a "landscape," a variegated topography with peaks and valleys. Each point on the topography represents a state. Peak points are repellors—for example, states in which the phobic object is approached—and the lowest points of the valleys are attractors—for example, obsessions and compulsions. The path of occupied states self-organizes away from repellors and toward attractors. This topography is an energy landscape. Its dynamics spontaneously tends—"self-organizes"—toward least energy/high-constraint satisfaction. Freud's pleasure principle is just the Hamiltonian least energy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:White Collar Zen: Using Zen Principles to Overcome Obstacles and Achieve Your Career GoalsCarol S. GouldWhite Collar Zen: Using Zen Principles to Overcome Obstacles and Achieve Your Career Goals. By Steven Heine. New York: Oxford University Press, 2005. Pp. ix + 198.In these days of corporate corruption, downsizing, and outsourcing, not to mention the continuous cutbacks in the Academy, it is no surprise that people are open (...) to unconventional ways of looking at life and work. Several years ago, Epicurus became a best-selling author in Italy, and more recently we have seen philosophical approaches from authors such as Alain de Botton (Consolations of Philosophy), Lou Marinoff (Plato, Not Prozac), and Tom Morris (If Aristotle Ran General Motors), to name a few. Steven Heine's White Collar Zen: Using Zen Principles to Overcome Obstacles and Achieve Your Career Goals applies as well to the academic as to the corporate workplace.Heine has written White Collar Zen from the standpoint of a scholar of Buddhism and a professional academic administrator. That he has been extremely successful [End Page 123] at both should make one take a serious look at this book. Given the indifference of both institutions and the natural world to human suffering (think of Enron and Hurricane Katrina), we all need survival skills, and Heine shows us how we can acquire them in our professional lives by applying Zen philosophy. While his expressed purpose is not to illuminate the subtleties of Zen, the attentive nonspecialist reader can glean much about the tradition nonetheless and, like the Zen specialist, find new paths for navigating around the foxholes in organizations.Zen, as Heine points out, infiltrated American culture over one hundred years ago and has made its way into subcultures beyond the American-Japanese, for example the worlds of psychotherapy, the arts, medicine, and even some of the more liberal branches of Judaism and Christianity. In case a novice feels unprepared to use Zen for success, Heine points out that Zen has great flexibility, that it is not orthodoxy. "Discover your own way... of 'being Zen,"' he tells us (p. 10).While it might seem clear that Zen could foster creativity, introspection, and self-understanding, the philosophical reader might raise two questions about using Zen to achieve worldly power. First, how can Zen, with its well-known requirement for periods of solitude, be a guide in the workplace? Second, is this endeavor consistent with the Zen principles that the ego is a mirage and that desires are fruitless?Heine does not explicitly address these matters as problems, but the reader will find them resolved by the end of the book. Do not be deceived by his informal tone or his hip references to the likes of Bob Dylan. The logic of this book is carefully mapped out. As for the first issue, Heine demonstrates that the sort of isolation prescribed by Zen makes us more fit for organizational life. With regard to the second, human life, according to Zen, is a series of constantly vanishing moments. Success is simply survival and gaining the ability to be in each moment fully. The Zen philosophy, like the Heraclitean, does not shy away from the inconsistencies to which reflection leads us. Thus, Zen does not require that we resolve the tension between the twin needs for solitude and life with others. White Collar Zen is a guide to accepting this fact without anxiety.The self, according to Zen, is not an atomic individual, but something constantly in flux and part of a whole. Everything is Buddha nature, and meditation is the way to discover it. The Unmoving Mind is the state within each of us that can transcend the perspective of our own desires, peculiarities, interests, and ego. To look at events from the standpoint of the Unmoving Mind is to look at them from a higher perspective. It gives one tremendous freedom to choose wisely, because this cleanses the self of petty resentments. When a conflict can be resolved in a way that benefits everyone, each individual will benefit. When one is glued to one's own vantage point, it is difficult to want to act for the benefit... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, innovated through (...) close commentary on the text (a characteristic sometimes wrongly considered a humanist innovation). Assuming that these texts were fully consistent, largely lacking a sense of historical distance, they “found” the CIC’s dictum on a given question by weaving many passages that seemed to address it partially into a complex logical fabric, and eliminated apparent internal conceptual disparities in the same way. 2But from the fifteenth century such humanists as Lorenzo Valla (1407–57) and Angelo Politiano (1454–94) applied humanist critical methods to the CIC and ridiculed the methods of the civilians. In the early sixteenth century the work of Guillaume Budé (1468–1540), Andrea Alciato (1492–1550), and Ulrich Zasius (1461–1535) intensified the crisis in legal interpretation. Budé, the [End Page 21] period’s leading French humanist, was the first humanist to publish an exhaustive study of Justinian’s Digest, while the Milanese jurist Alciato and the German jurist Zasius were among the first humanist-trained Roman lawyers to tackle the CIC. Across the century’s first three decades these humanists debated each other and other jurists, including the eminent Orléans professor of Roman law, Pierre de l’Estoile (1480–1537), best known to scholars as the teacher of a youthful law student named Jean Calvin. 3 We consider here a debate between Budé, Alciato, and Estoile, which also involved Nicolas Duchemin, Estoile’s student and partisan, and Calvin himself, who made his first appearance in print by contributing a preface to the work of his friend Duchemin. Though often referred to in Calvin scholarship, the debate has never been thoroughly explored. 4 [End Page 22]Unlike some recent studies of interpretation in the Renaissance, this study focuses on each interpreter’s practice, rather than his explicit methodological pronouncements alone, on what Wittgenstein calls a writer’s “language game”—here the meaning of each interpreter’s statements in the context of his interpretive practices. Indeed we shall view this debate as a clash of three “forms of life,” since the three protagonists could not agree as to what rules to follow to determine the meaning of a particular expression. 5In the passage in question, Lex Nec quicquam, §Ubi decretum, from the Digest section On the Duties of the Proconsul and Legate (D.1.16.9.1), the third century Imperial jurist Ulpian, declares:Ubi decretum necessarium est per libellum id expedire proconsul non poterit: Omnia enim quaecunque causae cognitionem desiderant per libellum non possunt expediri. (Where a decretum [decree] is required, the proconsul will not be able to dispose of the matter per libellum. All matters whatsoever requiring causae cognitio [judicial investigation] cannot be disposed of per libellum.)In unravelling the meaning of such key terms as decretum and libellus, the interpreters applied assumptions and practices rooted in both the humanist and [End Page 23] scholastic traditions—sometimes the same individual applied both. The debate presents the issue of interpretation apart from that of textual recovery, for no participant claimed any passage involved had been corrupted or offered a significant variant. Had they possessed the Mommsen edition of the CIC (albeit without necessarily understanding its principles of construction), each would have faced little added difficulty.I. Guillaume Budé on §Ubi decretumGuillaume Budé sparked the debate with his comments on the passage in the first part of his famous study of Justinian’s Digest, the Annotationes in quattuor & viginti Pandectarum libros (1508). He argued that the term libellus as used in the passage meant a supplicatory petition addressed to the Emperor. The matters involved could include both controversial cases, for which the Emperor would rely on the judgment of his council, and uncontested matters in which Emperors acted by their own “liberality or beneficence.” Budé confined himself to the... (shrink)

Abstract…observations of skylfull pylotts is the onlye waye to bring it in rule; for it passeth the reach of naturall philosophy. – Michael Gabriel, 1576 (Collinson, 1867, p. 30)Abstract The tension between empirical data and formal theory pervades the entire history of geomagnetism, from the Middle Ages up to the present day. This paper explores its early-modern history (1500–1800), using a hybrid approach: it applies a methodological framework used in modern geophysics to interpret early-modern developments, exploring to what (...) extent formal conjectures shaped observation and vice versa. A range of pertinent case studies supports classification of this entire period as proto-scientific, characterised by the initial formation of theories being largely disconnected from observational constraints, and their subsequent evolution being advanced primarily by their empirical falsification, and not necessarily associated with the introduction of an alternative. The few exceptional instances of purely data-driven discovery were essentially due to an improved signal-to-noise ratio. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 1-11 [Access article in PDF] The Artistic Failure of Crime and Punishment Crime and Punishment Hugh Mercer Curtler This essay begins by noting some fundamental differences between poets, in the broad sense of that term, and philosophers, or those who reflect discursively. It then moves to an examination of the epilogue to Crime and Punishment where Dostoevsky abandons poetry in order (...) to make a philosophical statement about human freedom. 1 Indeed, it can be said that much of Dostoevsky's mature writing was a battle between the man's urge to make pronouncements and the poet's need to control those urges. Fortunately, the poet nearly always won; at times he did not. This can be seen in the case of Crime and Punishment where Dostoevsky, the man, insisted on formulating an idea, specifically, the "idea of freedom." This statement marks the artistic failure of the novel, a concession on the part of the poet to the man. The tension in this novel, and indeed in many novels, is an important focalpoint in the teaching of great literature, because readers of fiction frequently forget that great novels are also great works of art. In this regard, despite the fact that he is an extremely careful reader of Dostoevsky's books, the psychologist/critic René Girard misses in his quest to find hidden messages — precisely what makes Dostoevsky a great artist who writes novels. 2 What this means to teachers of exceptional literature is that we must be attuned not only to what the author says, but also to the way in which he or she says it. In his writings about Dostoevsky, Girard is not terribly interested in what the poet has to say; he is interested in the way the man works out a particular psychological problem. Consequently, like many other critics, Girardglosses over the fundamental difference between the body of Crime and Punishment and its epilogue. Poetry and Philosophy Contrasted There is no truth in art, strictly speaking. If the term "true" has any application whatever to the world of art, it means "honest," or "true to life" [End Page 1] (which, as Kafka has shown, is not terribly important). Moreover, "true" may refer to the work's adherence to rules of craft, its internal harmony and coherence as a distinctive work of the human imagination. What one finds in poetry or linguistic art is a hodgepodge of images, thought fragments, figures, episodes, incidents, hints, and bits and pieces, and (if the poet is a good one) stunning insights. Poetry is, like all art, ineluctably ambiguous. It does not have a "message"; it has many messages. This is precisely why we need art and what makes art different from philosophy in its struggle to eliminate ambiguity. We will not find truth, in the form of knowledge or understanding, among the poet's wares, since knowledge, systematized and rendered coherent by means of the laws of thought, is the charge of the philosopher and his modern stepchildren.What this means is that those who approach novels intent upon finding a message run the risk of hammering poetry into a sheet by reducing it to philosophy. But novels, if they are any good, are not philosophical treatises, and this sort of reduction glosses over fundamental differences of scope and method.In an age that collapses distinctions lazily in order to reduce complex matters to simple terms, we must insist upon the fundamental differences between poets and philosophers. The domain of the philosopher is that of the concept or the principle, of ideas as objects of reflection. Philosophers deal in discursive thought as they seek logical coherence and conceptual clarity. The poet may employ ideas, but he uses them and embodies them imagistically: he does not try to develop them or verify them. 3 The philosopher's domain is unfriendly and unfamiliar to the poet. The law of contradiction reigns supreme there, and this law is anathema to the poet with his love of paradox.The poem presents images that must be apprehended in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CONVERSION AND CONVERGENCE: PERSONAL TRANSF0l{l'11ATION AND THE GROWING ACCORD OF THEOLOGY AND RELIGIOUS STUDIES HAT IS IT that keeps theology and religious studicc1 apart? And what, on the other hand, will bring them together? It will be immediately observul that these questions are put in such a way as to imply that theology and religious studies were things, like rockets in orbit, " already out there now real," (...) that continue in motion according to the principles of their own momentum, and are brought together through forces applied from the outside through human intervention. Obviously this is not exactly the case with the matter in hand. Rather it is that both theology and religious studies are in human subjects in the first place. Some human subjects identify themselves as theologi ::rns: others call themselves scholars devoted to the study of religion. So the question might be put, what keeps them apart, i.e., what separates the theologian from the practitioner of religious studies? Cculd it be that the progressive transformai :ion of human subjects devoted to the study of religion, from one or another viewpoint, brings about the gradual unification of the disciplines in which the meaning of religion is brcmght under control? And if that is the case, what kind of subjective transformation would promote the unification of their objective concern? In the pages that follow these are the questions that will be pursued. The: proximate occasion for my setting out to write something on the topic of the relation between religious studies and theology is the fact of being engaged in teaching in the Department of Religion at l,a Salle University. At the moment 658 CONVERSION AND CONVERGENCE' G50 of writing the curriculum of the department is divided into four sections. They are labeled as follows: (1) biblical studies; (2) theological studies; (3) historical studies; (4) religious studies. In the first sector the focus is obviously the sacred scriptures of the Judeo-Christian tradition. Theological studies have to do exclusively with the Christian tradition, the community, its doctrine and its ritual. Historical dudies deal with that same tradition, now not in terms of the entities by which it is constituted, but rather from the point of view of the development of the tradition as a whole in this or that period, both from within and in relation to cultural conditions that have made a major impact on the tradition. Hence, for example, " Religion in America ". Heligious studies, finally, focus on the great religions oi the world other than Christianity, taking in alrn the int2r(faciplinary topic oi "Heligious.Attitudes in Modem Literature". Significantly, under this last rubric no mention or history is made in the section title. In reference to this menu, moreover, it has been said that the department is aci:uaHy doing two quite distinct things. The question that occurs, of course, is what these two distinct things are and hov;r they are related. Even the layperson will discern readily that the distinction has something to do with the difference between inatters that concern the Christian community and the religious beliefs and practice of "others". Therefore, under the banner of the inquiry already outlined, and taking La Salle's setup as somewhat typical, at least of collegiate study of religion in the context 0£ North American Catholic institutions of higher learning, I intend a critical assessment of this menu and its presuppositions. This makes for a twofold purpose: (l) to make a modest contribution to the ongoing discussion of the religious studies/theology problematic ; (Q) to engage in the sort of critique just now suggested. At the outset it should be stated too that the quite substantial contribution of Bernard Lonergan, " The Ongoing Genesis of Methods" (recently published as part of the vol- 660 MAURICE SCHEPERS, O.P. ume, A Third Collection; see works consulted, in fine) is seminal to what follows. The problem is one of method, to be sure; but that fact does not place it in the realm of abstractions. The questions are after all rather concrete. Is there, for example, any dynamic relationship between the study of Buddhist spirituality and the interpretation of Pauline literature? What might be the connection... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric as a Balancing of Ends:Cicero and MachiavelliGary RemerIn his youthful work on rhetoric, De inventione (published about 86 B.C.E.), Cicero lists the ends for deliberative (political) oratory as honestas and utilitas (the good or honorable and the useful or expedient). In more mature writings, like De oratore (55 B.C.E.) and De officiis (44 B.C.E.), Cicero maintains a similar position: that the morally good and the beneficial are (...) reconcilable. For example, Cicero assumes in De officiis the identity of the honestum and the utile. He states there that "there is one rule for all cases;... either the thing that seems beneficial must not be dishonorable, or if it is dishonorable, it must not seem beneficial" (On Duties 3.81).1 In recent years, Victoria Kahn (1994) and J. Jackson Barlow (1999) have offered Machiavelli's "rhetorical politics"—a politics "attuned to the rhetorical concerns of effective political action" (Kahn 1994, 24)—as a more coherent and intellectually honest alternative to Cicero's attempt to reconcile irreconcilables.2 They contend that, unlike Cicero, Machiavelli accepts the impossibility of simultaneously upholding the morally good and the useful. For Machiavelli, the successful political actor must choose the utile over the honestum.Cicero, however, is not alone in his inconsistency. As Kahn demonstrates, Machiavelli's account of virtù is itself inconsistent. For example, he sometimes includes morality as an element of excellence (virtù) and at other times does not. I contend in this article, however, that Kahn's interpretation [End Page 1] of Machiavelli's contradictoriness as only "apparent," a variability, she argues, that is rhetorically inspired rather than logically deficient, applies not only to Machiavelli, as Kahn would have it, but also to Cicero. I argue that both Machiavelli and Cicero eschew "clear-cut or permanent distinctions" within virtù and between the honestum and the utile, respectively, because they wish to signal the political actor's need for flexibility (Kahn 1994, 30). Insofar as Cicero's internal contradictions, like Machiavelli's, are apparent but not real, I hold that Machiavelli does not offer a political approach that is superior to Cicero's, at least not in the sense of greater intellectual coherence.Despite their similarities, however, Cicero and Machiavelli differ from each other in that Cicero, in contrast to Machiavelli, openly affirms that politics is incomplete without a dual commitment to the good and the beneficial. I examine Machiavelli's focus on the useful and public as opposed to Cicero's additional commitment to the honorable and to the private. I analyze, in particular, the pursuit of glory in Machiavelli as it derives from early classical culture, which was preoccupied with appearances and the search for immortality. I argue that Cicero, while not abandoning the quest for glory, also vests this concept (under Stoic influence) with a private, moral character. In doing so, Cicero adheres to the rhetorical principle of decorum, which obliges orators to adapt themselves to context. This principle, I maintain, is not only a matter of expediency for Cicero but also a moral duty. While Cicero accommodates himself to a Roman world in which private morality was already an important part of one's life, Machiavelli violates decorum, attempting to resurrect a heroic ideal that disappeared long ago.Although most recent work on the revival of rhetorical ethics focuses on Aristotle (see Allen 2004, 140–59; Furley and Nehamas 1994; Garver 1994; Rorty 1996), I discuss Cicero in this essay. Not only has Cicero been the dominant influence on the Western tradition of rhetoric, but he also (unlike Aristotle) includes the honorable as one of the ends of deliberative oratory. Thus Cicero states in De inventione that while "Aristotle accepts advantage as the end [of deliberative oratory],... I prefer both honor and advantage" (2.52.156). And while Aristotle's position on deliberative oratory's ends does not mean that he ignores moral considerations, Cicero's decision to promote the good as an explicit rhetorical end forces his readers (and Machiavelli) to confront the relationship between virtue and expediency in a way that Aristotle's readers do not (Cox 1997, 1113). I concentrate, in particular, on Cicero's De officiis because... (shrink)