RésuméSelon le scepticisme anarchiste d'A. John Simmons, il n'y a pas d'obligation d'obéir à la loi dans l’état actuel des choses, car les obligations légales n'ont de légitimité que lorsqu'elles sont volontairement contractées par la plupart ou de nombreux citoyens. Cependant, la sensibilité de Simmons à la diversité des raisons et à la possibilité d'un conflit non résolu suggère une position alternative pluraliste. Celle-ci montre que les fondements de l'autorité légitime sont pluriels et incluent la justice distributive. En outre, même (...) les obligations contractées volontairement peuvent être annulées par des raisons contradictoires, comme lorsque nous sommes liés par le devoir à un régime injuste. (shrink)

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

The number and the scale of transboundary public health concerns are increasing. Infectious and non-communicable diseases, international trade in tobacco, alcohol, and other dangerous products as well as the control of the safety of health services, pharmaceuticals, and food are merely a few examples of contemporary transnationalization of health concerns. The rapid development and diffusion of scientific and technological developments across national borders are creating new realms of international health concern, such as aspects of biomedical science, including human reproductive cloning, (...) germ-line therapy, and xenotransplantation, as well as environmental health problems, including climate change, biodiversity loss, and depletion of the ozone layer. Growth in international trade and travel, in combination with population growth, has served to increase the frequency and intensity of health concerns bypassing or spilling over sovereign boundaries.Although health has traditionally been seen an area of limited multilateral cooperation, there is growing awareness that contemporary globalization has led to the proliferation of cross border determinants of health status and is undermining the capacity of nation states to protect health through domestic action alone. (shrink)

Why do we have obligations to the community to which we happen to belong? For communitarians, membership does more than provide the context for asking this question. In fact, the simple fact of membership goes some way towards justifying our obligations. According to the strong version of the communitarian thesis, membership is the fundamental consideration justifying political obligation; but for the weaker version, membership is one consideration among others and at times may be the less weighty one. John Horton's theory (...) of associative obligations can be read as moving back and forth between strong and weak communitarianism. His communitarianism is strong when he rejects value pluralism, arguing that one consideration, membership, is fundamental. However, Horton also advances claims that are compatible with not only the weak version of the communitarian thesis but also value pluralism. They suggest that, if membership is one reason among others to justify obligations, it is not fundamental as it can be defeated by other considerations. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

Allyne L. Smith, Jr.; Personhood: Beginnings and Endings, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 6, Issue 1, 1 January 2000, Pa.

Résumé Le problème moral de l'autorité peut s'exprimer ainsi : comment l'autorité, avec la déférence qu'elle implique, peut-elle être compatible avec la liberté et la rationalité? L'approche pluraliste sépare l'obligation politique de l'autorité. Pour les pluralistes, l'autorité est à la fois injustifiable et inutile, et donc l'obligation politique légitime, y compris le devoir d'obéir à la loi, n'implique pas de déférence. Je soutiens qu'il est possible de conserver l'engagement pluraliste envers des motifs de légitimité pluriels, tout en réfutant les objections (...) pluralistes à l'autorité. En conséquence, chaque fois que l'autorité a une légitimité, la question morale de l'autorité exigera une réponse. (shrink)

What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

Bernard Williams’ critique of the morality system, as illustrated in his reading of Aeschylus’ Agamemnon, is intended to show both that real moral conflicts can arise, and that a moral obligation is merely one reason among others and can be defeated by the thick concepts of a shared ethical life. In response, I want to advance two lines of argument. First, when Williams argues that a moral obligation can be the locus of moral conflict, a further step is required to (...) explain why one should feel regret for not acting on a defeated reason. Second, Williams presupposes that, when a conflict is resolved, the conclusive reason will be a thick ethical concept, but there is no compelling justification for that assumption. (shrink)

As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...) Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

Professional and popular publications have increasingly depicted native peoples of Amazonia as “natural” conservationists or as people with an innate “conservation ethic.” A few classic examples are cited repeatedly to advance this argument with the result that these cases tend to be generalized to all indigenous peoples. This paper explores the premise that many of these systems of resource conservation come from areas of Amazonia where human survival depends on careful management of the subsistence base and not from a culturally (...) imbedded “conservation ethic.” Where resource constraints do not pertain, as in the case of the Yuquí of lowland Bolivia, such patterns are unknown. Finally, the negative consequences of portraying all native peoples as natural conservationists is having some negative consequences in terms of current struggles to obtain indigenous land rights. (shrink)

An authoritative directive, when it has legitimacy, is a reason to exclude from consideration some of the reasons to act and not to act in this way. One is obliged to obey, even when one disagrees with the directive. Therefore, authority demands deference regarding how one acts, although one is free to think what one likes about that action. How can deference of this kind be compatible with freedom and rationality? That is the so-called moral problem of authority. For some, (...) authority has legitimacy in a deliberative democracy because deference to its rules better meets the demands of freedom and rationality. As I hope to show here, this line of thought does not give an adequate account of authority. If a directive is legitimate only if it has a certain content, as deliberative democrats are saying, one does not defer to but rather merely complies with such a directive. (shrink)

This article explores the values that should be promoted in civic education for democracy and also how the promotion of values can be non-coercive. It will be argued that civic education should promote the values of reasonableness, mutual respect and fairness, but also that only public, political reasons count in attempting to justify the content of civic education. It will also be argued that the content of civic education may legitimately be broader than this, including but not restricted to the (...) values of autonomy, integrity, magnanimity, truthfulness and generosity. At the same time, if civic education is seen merely as a means to shape and form future citizens, then the promotion of values in civic education will be a coercive imposition on children and young people. If the promotion of values instead is to be non-coercive it must be defended with reasons that children and young people should be able to accept. (shrink)

Volume 27, Issue 5, September 2019, Page 1066-1068.

The account in Part I of this essay posited two related but distinct sequences of development: of literary systems proper and of critical systems. Or, more simply, we must recognize that literary practices and systematic ideas about them develop in different ways. Today we can see in retrospect that lyric, narrative, and lyric-narrative or narrative-lyric begin literary cultures. Systematic ideas about literature develop, however, more by accident, what seems to be the result of conditions producing important critical minds at times (...) propitious for reflection. Any full account would have to consider such things as bipropertied conceptions. This has been mentioned before, but a specific example can be given here. Chinese wen designated not merely poetry but also prose historical writing: the fu established a kind of middle ground between them. In any event, such combinations, such bipropertied conceptions, do exist in very sophisticated times. Another matter of crucial importance involves the difference between the actual or descriptive existence of a literary variety and normative or valued critical consideration of a given kind. Various evidence shows that ancient Greece had lyrics as well as narrative, and preliterary Japan, narrative as well as lyrics. In the case of Greece, we tend today to think of narrative normatively as the early literature, although Plato and Aristotle lumped it with lyric and concerned themselves almost entirely with their crucial genre, drama. As for early Japan, the narrative was largely a possession of reciters, and so few heroic cycles are left from the nondominant peoples that narrative poetry is more a supposition that a presence. But there is in what remains from early times a mixture of lyric poetry with narrative prose. That combination did not prove crucial for a systematic poetics, although it is of utmost significance for later developments. It can hardly be said emphatically enough that the literary system comes first and the critical system after some interval. But the various complexities in different cultures are such that to get our bearings we may well consider the course of literary development in a single culture. Earl Miner is Townsend Martin, Class of 1917, Professor of English and Comparative Literature at Princeton University. "That Literature is a Kind of Knowledge," his previous contribution to Critical Inquiry, appeared in the Spring 1976 issue. His works include Literary Uses of Typology from the Middle Ages to the Present and Japanese Linked Poetry. Part I of the present essay appeared in the Winter 1978 issue of Critical Inquiry. (shrink)

Judith Shklar’s liberalism of fear, a political and philosophical standpoint that emerges in her mature work, has ostensibly two defining characteristics. It is a sceptical approach that puts cruelty first among the vices. For that reason, it is considered to be both set apart from mainstream liberalism, in particular the liberalism of J. S. Mill and John Rawls, but also an important source of influence for political realists and nonideal theorists. However, I argue here that, in putting cruelty first among (...) the vices, Shklar also offers a value monist approach to political thought, one that she shares with Mill and Rawls as well. Each claims to have identified the general rule for the resolution of moral conflicts, although they disagree about what that rule is. Therefore, Shklar’s mature work combines scepticism with value monism. As such, it represents a radical departure from the value pluralist approach to moral conflict evident in her early work. Her commentators have not noticed either her mature monism or the move away from her earlier value pluralism, and this is explained by a tendency to see her mature work as offering simply a sceptical alternative to mainstream liberalism. (shrink)

Postmodernists reject what they call the universalist-rationalist framework of liberalism. When they do defend liberal democracy, they do so in a contextualist manner (within a ‘form of life’) and on the basis of contestation (‘agonism’). Liberals are right to charge postmodernism with self-contradiction, relativism, and immoralism. It is also argued in this article that liberalism and postmodernism are incompatible, and therefore, they cannot be joined together in response to the hegemonic construction of democratic debate. However, liberals are caught in a (...) bind as they insist on impartiality but also believe the exercise of virtue (reasonableness, mutual respect) is a requirement of rational dialogue. This article argues that perfectionism (objectivism) in value judgements is required both to insist that virtuousity is a requirement of rationality and to reject postmodernism. However, it must be possible to separate perfectionism from two features of Alasdair MacIntyre’s Aristotelianism: he is hostile to liberal rights and his contextualism results in relativism. (shrink)

In this paper, I argue an authoritative directive can be defeated (i.e., outweighed) by a reason it defeats (i.e., excludes), where it is rational to feel regret for failing to act as the directive demands. This is the case as, first, it is rational to feel regret when one fails to act on a binding reason, and a defeated reason is still binding unless its triggering conditions have been removed; second, an authoritative directive can be defeated by a more weighty (...) reason it excludes if the latter is still binding; and third, there is no general rule preventing a more weighty excluded reason from defeating a directive. (shrink)

Given his commitment to toleration, Edmund Burke is rightly seen as a moral pluralist. What has largely gone unnoticed, however, is his value pluralism. Whereas moral pluralism refers to normative...

This essay surveys four recent theological works on the issue of personhood: John F. Crosby's The Selfhood of the Human Person, Stanley Rudman's Concepts of Person and Christian Ethics, Metropolitan Hierotheos Vlachos' The Person in the Orthodox Tradition, and James Walter's What is a Person? An Ethical Exploration.

In recent literature on utopianism, in particular non-ideal and realist work, the distinction between scepticism and non-scepticism has been to the fore. The main concern of this article, in contra...

We describe an approach that enables a more complete evaluation of the validity of emotional intelligence measures. We argue that a source of evidence for validity is often overlooked by researchers and test developers, namely, evidence based on response processes. This evidence can be obtained through a definition of the ability, a description of the mental processes that operate when a person uses the ability, the development of a theory of response behaviour that links variation in the construct with variation (...) on the responses to the items of a measure, and a test of the theory of response behaviour through one or more strategies that we describe. (shrink)

By a "literary system" we must mean two distinct yet related matters: a discrete and continuous literary history of "occurrences" such as that we designate as English literature; and a continuous set of ideas about what that first system is. To be sure, the first consists in our thought of it, which is to say of literary creations in temporal series. But the literary creations themselves represent a development or, at a minimum, a sequence of examples of literary knowledge or (...) what may be generally termed poems. That temporally serial set of creations of knowledge had individual knowers in its creators, its poets. Our historical knowledge of the poems consists of ideas about their serial, differentiated character, about their relation to each other, and about their relationship to their creators and the times in which they were created. The second sense of a literary system involves what we call criticism, knowledge about that knowledge is synchronic, as we consider such things as epics, tragedies, lyrics, or novels as categories possessing some validity. But this second kind of literary system has also an historical, diachronic character by virtue of the fact that there were generations before which the novel did not exist or generations during which the novel evolved as a kind of literature whose possibilities were exploited and altered. Without the novel in its history, there can be no history of criticism about the novel. These two varieties of literary system can be designated, then, as literary systems proper and as critical systems. The second does require the existence of the first, in spite of seeming exceptions. We might imagine a new nation wishing to have a literature it does not presently possess. The literature envisioned would imply a poetics prior to the emergent literary system, but the poetics would be borrowed from another literature in which the literary system had predated its critical system. Earl Miner is Townsend Martin, Class of 1917, Professor of English and Comparative Literature at Princeton University. "That Literature is a Kind of Knowledge," his previous contribution to Critical Inquiry, appeared in the Spring 1976 issue. His works include Literary Uses of Typology from the Middle Ages to the Present and Japanese Linked Poetry. Part II of the present essay appeared in the Spring 1979 issue of Critical Inquiry. (shrink)

In modern democratic societies, the plurality of differing and conflicting moral doctrines stands alongside a commitment to resolve political disputes through the use of moral reasoning. Given the fact of moral pluralism, how can there be moral resolutions to political disputes? What type of moral reasoning is appropriate in the public sphere? These questions are explored through a close and critical analysis of the work of Alasdair MacIntyre and Rawls. In this book it is argued that the anti-Enlightenment work of (...) Alasdair MacIntyre, along with post-modernists, fails on epistemological, ethical, and political grounds, while in contrast, Rawls's 'core conception of reasonableness,' which is a type of political reasoning carried out 'in the manner of' the Enlightenment, is better placed to successfully respond to the moral disputes of contemporary politics. The practical application of these ideas is also explored in discussions of civic education and global distributive justice. (shrink)

The concept of truth is at the core of science, journalism, law, and many other pillars of modern society. Yet, given the imprecision of natural language, deciding what information should count as true is no easy task, even with access to the ground truth. How do people decide whether a given claim of fact qualifies as true or false? Across two studies (N = 1181; 16,248 observations), participants saw claims of fact alongside the ground truth about those claims. Participants classified (...) each claim as true or false. Although participants knew precisely how accurate the claims were, participants classified claims as false more often when they judged the information source to be intending to deceive (versus inform) their audience, and classified claims as true more often when they judged the information source to be intending to provide an approximate (versus precise) account. These results suggest that, even if people have access to the same set of facts, they might disagree about the truth of claims if they attribute discrepant intentions to information sources. Such findings may shed light on the robust and persistent disagreements over claims of fact that have arisen in the “post-truth era”. (shrink)

The Summa Theologiae is Thomas Aquinas' undisputed masterwork, and it includes his thoughts on the elemental forces in human life. Feelings such as love, hatred, pleasure, pain, hope and despair were described by Aquinas as 'passions', representing the different ways in which happiness could be affected. But what causes the passions? What impact do they have on the person who suffers them? Can they be shaped and reshaped in order to better promote human flourishing? The aim of this book is (...) to provide a better understanding of Aquinas' account of the passions. It identifies the Aristotelian influences that lie at the heart of the Summa Theologiae, and it enters into a dialogue with contemporary thinking about the nature of emotion. The study argues that Aquinas' work is still important today, and shows why for Aquinas both the understanding and attainment of happiness requires prolonged reflection on the passions. (shrink)

Important medical advances over the last several decades have vastly improved the technical capacity to control human pain. Millions of patients suffering from cancer, HIV/AIDS, and other conditions have been able to find relief from incapacitating chronic and acute pain. However, despite these developments, pain remains severely under treated worldwide, particularly in developing countries. The tragic consequence is that for millions of people around the globe, excruciating pain is an inescapable reality of life.

Background: In 2014, companies began covering the costs of egg freezing for their employees. The adoption of this benefit was highly contentious. Some argued that it offered women more reproductive...

McDonough Hall, Room 508, 600 New Jersey Ave, NW, Washington, DC 20001, USA; Email: gostin{at}law.georgetown.edu ' + u + '@' + d + ' '//--> Abstract As a consequence of rapid globalization, the need for a coherent system of global health law and governance has never been greater. This article explores the health hazards posed by contemporary globalization on human health and the consequent urgent need for global health law to facilitate effective multilateral cooperation in advancing the health of populations (...) equitably. It sets forth the first definition of the emerging field of "global health law." After explicating the central features identified in the definition, the article examines the "grand challenges" to reaching the full potential of global health law to advance human health in just and effective ways. CiteULike Connotea Del.icio.us What's this? (shrink)

What do the victims of tyranny owe each other? In this paper, I examine whether they can be condemned for betraying their friends, and I do so through a novel interpretation of Judith Shklar’s political thought. Shklar is a widely acknowledged and significant influence on non-ideal theory and political realism. However, there is also a previously unnoticed transformation between her early and mature work, for although she remains a sceptic her approach to moral conflict changes from value pluralism to value (...) monism. In addition, it is only in her mature work, as a monist, she believes tyranny cancels obligations of justice. I argue here that Shklar’s monism fails, and this in turn has important implications for political realism and non-ideal theory. While attention has been focused on developing a sceptical critique of ideal theory, this interpretation of Shklar’s work illustrates that greater awareness is needed of the pitfalls of monist strands of scepticism. (shrink)