In his ground-breaking series of films The Decalogue , Krzysztof Kieslowski creates an enigmatic character who appears in nine of the ten otherwise-disconnected films. Kieslowski neither names this mysterious man nor allows him one word of dialogue. In several of the films, the man is seen by other characters; in others he remains invisible to them. Sometimes he seems to influence the decisions of the protagonists; other times, he seems to remain a passive observer of their problems. Many scholars who (...) write on The Decalogue either do not note the «silent witness», or limit themselves to peripheral comments of little substance; others comment only briefly, and superficially on his enigmatic presence in one or other of the films. The present article offers a detailed analysis of the «silent witness» in each of the Decalogue films and develops a comprehensive synthesis of his critical moral significance in the series, proposing that the witness is an effective metaphor of the providential presence of the loving God for the protagonists; while respecting their liberty, he moves in their often-troubled lives, guides their moral decisions, gives them hope and brings them to higher levels of freedom and Christian responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a large (...) control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

In the language of secular bioethics, autonomy is always accorded first place in the hierarchy of values that has come to be referred to as the “Georgetown mantra” A dictionary definition of mantra is “a verbal spell, ritualistic incantation, or mystic formula used devotionally,” and the value placed upon autonomy is largely of this nature: uncritical and uncriticised. That there should be and are limits to autonomy is obvious, but these boundaries are undefined, little discussed, and mostly unexplored. To use (...) another metaphor, our emphasis on autonomy is an index of how far the pendulum has swung in an understandable and partly justifiable reaction from, earlier paternalism; has this swing approached its proper limit, and should we be seeking a less extreme and more balanced assessment of autonomy as a bioethical value? (shrink)

In the last few decades, residency in some of the world’s desired destination cities has become a privilege, as housing supply has not kept pace with population growth. This has led to a significant rise in housing prices and consequently to the exclusion of middle- and low-income populations on a large scale. These developments have received only scant attention in political theory despite their prominence in local policymaking and their contribution to processes of redrawing the boundaries of inclusion into local (...) political communities. My focus in this article is on the question ‘is it morally permissible for cities to sort members by economic means, and grant the better-off privileged access to residency?’ I explore this question by examining the main arguments used to support the city’s right to selectively admit would-be members. This allows me to delineate the limitations of the city’s general duty to be accessible to all segments of society and to present particular cases where the city has special obligations to incorporate nonmembers. (shrink)

In the initial verses of Seven against Thebes, Eteocles recognizes the need of pronounce the right words as one of his duties as leader and defender of the city of Thebes. The concerns of Eteocles for what ought, or ought not, be said towards an imminent attack comes from a perception of language as a divine form of the world which base itself on the belief among the Greeks that words have a numen in itself and leads, thus, to (...) a prophetic fulfillment. The aim of this paper is, therefore, reveal the contribution of the word to the defense of the city in Seven against Thebes, by Aeschylus. (shrink)

Liberty after Liberalism frees the concept of the active citizen from both the territorial confines of the nation-state and the limits imposed by republican, city-state models. Lawrence Quill advances a theory of global republicanism, one that is able to respond directly to the changing realities of political life. By adopting a "publicly ironic" approach to politics, Quill revives the idea of public freedom within a global context thereby providing an important supplement to contemporary theories of cosmopolitan democracy.

In Homelessness, Liberty and Property, Terry Skolnik establishes a novel theory about the government's duties to end homelessness, maintain public property's value, and legitimize laws that regulate public space. In doing so, Skolnik provides new insight into how the property law system and the regulation of public space limit unhoused persons' freedom and political equality. The book deepens our understanding of how various areas of law, such as constitutional law, legal philosophy, criminal law, and property law, approach the reality (...) of homelessness and advances original arguments to provide new justifications for the right to housing. Skolnik concludes by offering a set of concrete proposals for how the government can reduce the incidence of homelessness and treat unhoused persons with greater concern and respect. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details. (shrink)

The passing of the French law that prohibits face coverings, such as the Islamic burqa, in public places ignited a complex philosophical and legal debate. Participants in the debate have typically focused on the boundaries between individual and religious liberties, on the one hand, and state-imposed limitations on public behaviors, on the other. The author of this paper wishes to introduce a change in perspective by concentrating instead on the duties immigrants have to the citizens of the countries that host (...) them. The author finds that, under certain circumstances, immigrants may have a moral duty to conform to the ethical preferences of the communities they have come to live and interact with. (shrink)

This paper examines the legitimacy of the US government’s argument that it must “balance liberty and security” with regard to its policy of trying enemy belligerents in military commissions rather than federal courts. I distinguish between three senses of “balance,” and argue that the policy is ambiguous between the second (internal) and third (emergency external) senses of balance. Neither line of reasoning justifies the policy, however. On the second sense, it is unjustified because it constitutes an arbitrary limitation of the (...) rights of some for the sake of the security of others. It thus violates the government’s duty to decide questions of policy in accordance with accepted legal procedures. Alternately, if the policy is intended to be an exercise of emergency powers, then it violates what I call the government’s juridical duty to serve as a guardian of justice. I offer an alternative justification for emergency measures, one that is based on the model of self-defense. I conclude that although the exercise of military commissions in times of emergency can be justified, the current exercise is illegitimate. (shrink)

Karl R. Popper: The open society and its enemies -- Ralf Dahrendorf: Liberty and civil society -- Raymond Plant: Social welfare without class warfare -- Gertrude Himmelfarb and Irving Kristol: The moral imagination -- Raymond Aron: The opium of the intellectuals -- Friedrich A. Hayek: The constitution of liberty -- Isaiah Berlin: Liberty and pluralism -- Michael J. Oakeshott: The conservative disposition -- Leo Strauss: Relativism and the crisis of modernity -- Edmund Burke: Liberty and duty -- James Madison vs. (...) Jean-Jacques Rousseau: Two views of self-government -- Alexis de Tocqueville: Democracy in America -- Winston S. Churchill: The English-Speaking Peoples and the Free World -- Limited and accountable Government -- Two kinds of rationalism -- Liberty as conversation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:On Secular Governance: Lutheran Perspectives on Contemporary Legal Issues ed. by Ronald W. Duty and Marie A. FailingerElisabeth Rain KincaidOn Secular Governance: Lutheran Perspectives on Contemporary Legal Issues Edited by Ronald W. Duty and Marie A. Failinger grand rapids, mi: eerdmans, 2016. 382 pp. $45.00In editing this collection of essays, Ronald Duty and Marie Failinger describe their goal as seeking "to bring more Lutheran voices to the pressing (...) legal issues" in local and global contexts (1). They point out that in discussions between the fields of religion and law to date, "Jewish, Muslim, Catholic, and Reformed perspectives have largely dominated" (1). In bringing Lutheran perspectives to questions of law and religion, this collection begins an important task of retrieving a theological perspective on law that was integral for the formation of modern legal thought but has been largely absent from contemporary discussions of law and religion.The strength of this collection of essays lies in the breadth of contemporary legal questions addressed and in the diversity of perspectives offered. Since, as Duty and Failinger point out, recent Lutheran scholarship has been relatively silent on questions of law and religion, there is a broad field of issues to explore. This collection avoids too narrowly focusing on any one "hot-button" issue of law and religion, such as questions of religious liberty or relationship between church and state, although these questions are addressed. Rather, it benefits from a truly expansive view of contemporary legal issues and includes essays on issues as diverse as immigration reform, family law, fiduciary duties, military chaplaincy, and water rights in the American Southwest. The collection also shows geographical breadth, and looks beyond the contemporary American and European legal arena to consider how theology could affect law in Nigeria and Rwanda. The volume also benefits from a wide range of theoretical approaches, including contributions from both legal scholars and theologians. In [End Page 211] the dialectic that results as theologians consider law and legal scholars consider theology, we see a performative example of the Lutheran concept of two kingdoms, both coexisting under God's domain.The collection would have benefited from a broader use of theological sources to accompany this admirably broad approach to legal issues. Many, although not all, of the essays, draw only on Martin Luther's understanding of Christian engagement with legal authority. This focus on Luther's somewhat limited legal corpus can result in a slightly repetitive theological approach among the essays. However, this narrow focus on Luther indicates a potential next stage for further development of Lutheran engagement with contemporary legal issues. In the closing essay in the book, "How Should Modern Lutherans Try to Shape Secular Law?," Robert Benne references John Witte's work in tracing how Philipp Melanchthon and the Lutheran jurists developed Luther's original theory of law to "build bridges between the two kingdoms" (332). While this book provides a good starting point for bringing Lutheran perspectives to bear on contemporary legal issues, it also indicates the need for future research to excavate the perspectives of Melanchthon and jurists such as Johannes Eisermann and Johann Oldendorp, along with more modern Lutheran scholars of law and religion, such as Helmut Thielicke, who considered the legacy of Lutheran legal theory in the wake of post-Nazi Germany. Both Lutheran theological approaches to law and legal approaches to religion will undoubtedly be enriched if the editors' project continues, resulting in continued excavation of later Lutheran interpretation and reception of theories of law, which will bring Lutheran theology ever closer to the challenges of contemporary legal issues in the modern nation-state.Elisabeth Rain KincaidUniversity of Notre DameCopyright © 2018 Society of Christian Ethics... (shrink)

We are currently witnessing an increasingly influential counterrevolution in political theory, evident in the dialectical return to classical political science pioneered most prominently by Leo Strauss and Eric Voegelin. In this context, the work of the relatively unknown Aurel Kolnai is of great importance. Kolnai was one of the greatest thinkers of the twentieth century to place the restoration of common-sense evaluation and philosophical realism at the center of his philosophical and political itinerary. In this volume, Daniel J. Mahoney presents (...) Kolnai's major writings in political philosophy, writings that explore - in ways that are diverse but complementary - Kolnai's critique of progressive or egalitarian democracy. The title essay contains Kolnai's fullest account of the limits of liberty understood as emancipation from traditional, natural, or divine restraints. 'The Utopian Mind, ' a pr, cis of Kolnai's critique of utopianism in a posthumous book of the same title, appears here for the first time. 'Conservative and Revolutionary Ethos, ' Kolnai's remarkable 1972 essay comparing conservative and revolutionary approaches to political life, appears for the first time in English translation. The volume also includes a critically sympathetic evaluation of Michael Oakeshott's Rationalism in Politics and an incisive criticism of Jacques Maritain's efforts to synthesize Christian orthodoxy and progressive politics. Privilege and Liberty and Other Essays in Political Philosophy is a searching critique of political utopianism, as well as a pathbreaking articulation of conservative constitutionalism as the true support for human liberty properly understood. It is a major contribution to Christian and conservative political reflection in our ti. (shrink)

Feminist scholars adopt wide-ranging views of self-sacrifice: their critiques claim that women are inordinately affected by Christianity's valorization of self-sacrifice and that this traditional Christian value is inherently misogynistic and necrophilic. Although Søren Kierkegaard's Works of Love deems Christian love essentially sacrificial, love, in his view, sets significant limits on the role of self-sacrifice in human life. Through his proposed response to one who requests forgiveness, “Do you now truly love me?” Kierkegaard offers a model of forgiveness that subverts traditional (...) ideals of the self-sacrificing and submissive woman while keeping love central. The question asserts self-love, involves redoubling and double danger, and expresses a refusal to imitate Christ's suffering. I propose a reading in keeping with Grace Jantzen's vision for a feminist philosophy of religion, which reads against the grain and “seeks to break through to new ways of thinking that may open up divine horizons.” My reading is further supported by Kierkegaard's contention that everything essentially Christian bears a double meaning. In light of the subversive potential found in the discrepancy between apparent love and actual love, as well as the duty to name the sin of one who has behaved in an unloving manner, I argue that Kierkegaard's philosophy of love resists simplistic understandings of self-sacrificing love. (shrink)

The two basic forms of action distinguished in the preceding articles, viz., moral action, where praxis is for praxis sake, and action for a good, where praxis is for the sake of theôria, are found in close relationship to one another in human life. The part they play is rather that of abstract moments in a practical process than that of self-contained and isolable bits of conduct. No philosopher is likely to discount the importance of thus analysing the concrete into (...) its factors before he rectifies the abstraction by showing how they co-operate in actual experience. In any individual biography we can find acts and courses of action in which duty is the dominant motive, and others in which the dominant motive is desire of good. Similarly, when we compare different biographies with one another, some exemplify most strikingly the struggle for righteousness against unruly passion, others the spontaneous aspiration of the soul to attain the goal of its desire. But neither the moral law nor the summum bonum wields an exclusive sovereignty. St. Paul and Luther, in their warfare against carnal desire, drew strength from the ideal vision; nor were St. Bernard or Spinoza, for all their absorption upon union with the divine, strangers to the call of moral obligation. In the lives of ordinary men, the types of conduct are, perhaps, more evenly balanced; yet here also the distinction is discernible. Moreover, it is easy to see how, despite their intrinsic difference, they come to be associated and “by just exchange” to effect a mutual enrichment. (shrink)

What is Mill's principle of liberty? The question may seem superfluous, since he gave his own apparently careful formulation (223/34-224/10).[Note 1] However he gave several formulations in different terms, and his principle has been interpreted in a number of ways.[Note 2] The Acts meant to be subject to social control have been said variously to be other-regarding acts, acts which harm others, or affect them, or affect their interests, or violate duties owed to them, or violate their rights. These formulae (...) are not equivalent. An act may harm others (indirectly), yet not be other-regarding; an other-regarding act may harm others without any violation of duty; an act may violate a duty to others without violating anyone's right. But it seems to me clear enough, if all Mill's statements are taken together, that the correct formulation is this: punishment is justified only for violations of secondary rules prescribing duties to others. Duty and Liberty divide the whole field of human conduct, without overlap; and there are no duties besides duties to others. (shrink)

The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of Lithuania is in (...) line with the provisions of the main international instruments relating to non-custodial sanctions (1990 United Nations Standard Minimum Rules for Non-custodial Measures (the so-called Tokyo Rules), Recommendation R (92) 16 of the Committee of Ministers of the Council of Europe to Member States on the European rules on community sanctions and measures, Recommendation Rec (2000) 22 of the Committee of Ministers of the Council of Europe to Member States on improving the implementation of the European rules on community sanctions and measures); review the progressive legal regulation of restriction of liberty in place in individual states and provide a comparison between the national and foreign experience in relation to the penalty of restriction of liberty. In addition, the article offers guidelines for the improvement of the legal regulation and implementation of the legal institute of restriction of liberty. (shrink)

What are sanctuary cities? What are the political stakes? The literature provides inadequate answers. Liberal migration theorists offer few insights into sanctuary city politics. Critical migration scholars primarily address the relationship between sanctuary cities and political activism, a small part of the phenomenon. The historical literature examines continuities between 1970s sanctuary church activism and contemporary sanctuary cities, confusing what is essential to sanctuary churches and what is only sometimes associated with sanctuary cities. Together these approaches obscure more than they reveal. (...) This article suggests a republican account of sanctuary cities. Reconstructing American migration politics from the colonial era onward shows that sanctuary cities have roots in both the colonial republican revolt and the republican principle of freedom as nondomination. That reconstruction reveals much about both sanctuary cities and the federal government’s long-running assault on them. The resulting robust analytical framework clarifies what is at stake in the politics of sanctuary cities: federal sovereignty in migration politics specifically and republican liberty in migration politics generally. (shrink)

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious (...) rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University. (shrink)

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...) aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints. (shrink)

There is growing interest in using non-coercive interventions to promote and protect public health, in particular "health nudges." Behavioral economist Richard Thaler and law scholar Cass Sunstein coined the term nudge to designate influences that steer individuals in a predetermined direction by activating their automatic cognitive processes, while preserving their freedom of choice. Proponents of nudges argue that public and private institutions are entitled to use health-promoting nudges because nudges do not close off any options. Opponents reply that the nudgee (...) has no opportunity to deliberate over her choice. The nudger controls the nudgee, who has no real freedom of choice. -/- In my dissertation, I salvage the concept of nudge from the charge that it merely pays lip service to freedom of choice, offer an alternative account of the moral import of nudges for the evaluation of public health policies, and provide an ethical framework for their justified use. -/- My argument proceeds in four steps. First, I argue that nudging mechanisms often involve some form of incomplete deliberation, and do not always bypass deliberation. Second, I maintain that nudges preserve freedom of choice because they preserve the choice-set and are substantially noncontrolling. I show that the debate over nudges is plagued by confusion between real nudges, which are easily resistible and therefore substantially noncontrolling, and influences that are not easily resistible yet activate the same cognitive mechanisms as nudges. Third, I reject the view that nudges are systematically preferable to more controlling influences, even when they interfere with non-consequential liberties. I show that the principle of the least restrictive alternative often invoked in public health ethics is applied with too wide a scope. Fourth, I argue that paternalism is not central to the ethics of public health nudges. Rather, the substantive problem with nudges is that their overall cumulative effect might weaken our decisional capacities or undermine their proper exercise. This is a reason to limit recourse to certain nudges. I finally show, contra certain Kantians and Millians, that we have no perfect duty to engage or enhance decisional capacities. (shrink)

?Hegel? and?human rights? are rarely conjoined, and the designation?human rights? appears rarely in his works. Indeed, Hegel has been criticised for omitting civil and political rights all together. My surmise is that readers have looked for a modern Decalogue, and have neglected how Hegel justifies his views, and hence just what views he does justify. Philip Pettit has refocused attention on republican liberty. Hegel and I agree with Pettit that republican liberty is a supremely important value, but appealing to its (...) value, or justifying it by appeal to reflective equilibrium, are insufficient both in theory and in practice. By reconstructing Kant?s Critical methodology and explicating the social character of rational justification in non-formal domains, Hegel shows that the republican right to non-domination is constitutive of the equally republican right to justification - both of which are necessary requirements for sufficient rational justification in all non-formal domains, including both claims to rights or imputations of duties or responsibilities. That is the direct moral, political and juridical implication of Hegel?s analysis of mutual recognition, and its fundamental, constitutive role in rational justification. Specific corollaries to the fundamental republican right to non-domination must be determined by considering what forms of illicit domination are possible or probable within any specific society, in view of its social, political and economic structures and functioning. nema. (shrink)

Preparing to lecture on Aristotle's contribution to Nursing at the International Philosophy of Nursing Conference August 22, 2016, in Quebec City, Quebec, Canada, I came upon the recently published article by my IPONS colleague, Allmark (2016), “Aristotle for Nursing.” Allmark (2016) provides a comprehensive and understandable overview of Aristotle's philosophical system including the substantial nature of being and the four causes of change. Nurses using Aristotle to support practice and theoretical research will benefit from a careful reading of Allmark to (...) enrich their use of the realist understanding of knowledge of nature (epistemology) and the matter–form causal relationships within natural being (ontology and teleology). Allmark carefully displays the distinction between good health and flourishing; a distinction sometimes hard to grasp. Nurses are concerned with the end of health, but cannot achieve for others, the fullness of living which is flourishing.We will limit ourselves to expanding three areas that seem important, first, that nursing is much more than a productive science or craft, second, that Aristotle does provide an important note on the persistence of the soul, and, third, while Aristotle does not address the possibility of a personal creative highest being as Allmark says, his references to the divine are worth considering. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.2 (2001) 9-34 [Access article in PDF] Of Blackface and Paranoid KnowledgeRichard Wright, Jacques Lacan, and the Ambivalence of Black Minstrelsy Mikko Tuhkanen Only the subject—the human subject, the subject of the desire that is the essence of man—is not, unlike the animal, entirely caught up in this imaginary capture. He maps himself in it. How? In so far as he isolates the function of the mask and (...) plays with it. Man, in effect, knows how to play with the mask as that beyond which there is the gaze. —Jacques Lacan, The Four Fundamental Concepts of Psycho-AnalysisThere is a danger of corrosion of the self in this pretense, and surely a rending of integrity. How, and when does one call upon the real self to dispel the make-believe and claim humanity and dignity?... It was just possible that the trick had been too perfect; legerdemain had undone itself in a disappearance act where the self had vanished, but also the incantation to call it back again. —Nathan Irvin Huggins, Harlem RenaissanceIn late November 1998, a teacher in New York City's Public School 75 introduced an acclaimed children's book called Nappy Hair to her third-grade students as extracurricular reading material. The book, written by Carolivia Herron, is a transcript of a piece of oral history passed on in the author's family. It tells the story of a black girl with "the kinkiest, the nappiest, the fuzziest, the most screwed up, squeezed up, knotted up, tangled up, twisted up [...] hair you've ever seen in your life" [Herron, unnumbered pages]. According to the author, the book aims to celebrate racial diversity and encourage pride in black children. Some parents of the (mostly black) pupils saw it differently, however. In the days following the introduction of the book, photocopies of parts of the book were circulated among the parents, some of whom were enraged when they saw what they considered demeaning, stereotypical, and "racially insensitive" depictions of black people. A meeting was called with parents and school officials. Threats were made by the parents, and the 27-year-old teacher, a white woman, was put on desk duty while an investigation was launched. Even though the school ended up backing the teacher, she refused to return to the classroom, citing fears for her own safety [see Holloway, "School"; "Teacher"; "Threatened"; "Unswayed"].The incident received a fair amount of commentary, including a New York Times op-ed article by Jill Nelson. In the article, Nelson argues that what the Nappy Hair controversy illustrates is not the racial insensitivity of the white teacher or the school [End Page 9] system—as the black parents argued—but that the "barriers to [...] self-esteem are perpetuated not by the white community but by the black one." For Nelson, the black community remains overly sensitive about certain representations of blackness. She suggests that such attitudes may have their origin in slavery and in the adoption of the valorization of white physical features by African descendants from their masters. In this, she follows critics such as Kobena Mercer, who writes in "Black Hair/Style Politics" that "black people's hair has been historically devalued as the most visible stigmata of blackness, second only to skin" [101]. Inevitably, representations such as those at stake in the classroom controversy find their historical background in minstrelsy: "In the minstrel stereotype of Sambo [...] the 'frizzy' hair of the character is an essential part of the iconography of inferiority. In children's books and vaudeville minstrelsy, the 'woolly' hair is ridiculed, just as aspects of black people's speech were lampooned in both popular music hall and the nineteenth-century novel as evidence of the 'quaint folkways' and 'cultural backwardness of the slaves'" [102]. Nelson concludes: "Too many African-Americans," she writes, "have internalized and passed down these beliefs, as if proximity to whiteness inherently enhances our worth."Nelson's reading of the controversy is neither incorrect nor adequate. Certainly, the parents' outrage with the book—more precisely, with the... (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to depart (...) from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (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)

ABSTRACTThis paper examines ideas of individual freedom in the Hellenistic city-states. It concentrates on the civic ideas expressed in the laws and decrees of Hellenistic cities, inscribed on stone, comparing them with Hellenistic historical and philosophical works. It places different Hellenistic approaches alongside modern liberal, neo-Roman republican and civic humanist theories of individual liberty, finding some overlaps with each of those modern approaches. The argument is that the Hellenistic Greeks developed innovative ways of combining demanding ideals of civic virtue and (...) the common good with equally robust ideals of individual freedom and ethical choice. They did so not least by adapting and developing traditional Greek approaches close to modern civic humanism, in ways very relevant to modern debates about how to reconcile civic duty, the common good and pluralism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 141-160 [Access article in PDF] The Politics of Character in John Milton's Divorce Tracts David Hawkes nunquam privatum esse sapientum --Cicero I. There has recently been a great deal of debate over the relative influence on Milton's politics of two discordant revolutionary ideologies: classical republicanism and radical Protestant theology. 1 In the mid-seventeenth century the search for intellectual precedents and rationalizations (...) of the English revolution brought these two traditions into an uneasy alliance, and Milton, like many other revolutionary apologists, drew on both of them. Of course the two schools of thought are not necessarily incompatible. J. G. A. Pocock notes one point of connection between them: The context in which men attain their final end--or recover their prima forma, though this concept might not have been antinomian enough for the radical saints of the New Model--is that of apocalypse; the "end" of Aristotelian teleology is still united with the eschatological "end" of prophetic time. 2The Aristotelian "end" of man is the good, defined as "an activity of soul in accordance with virtue," and the belief that one can or has fulfilled that end is [End Page 141] certainly amenable to Protestant antinomianism. 3 Furthermore, as Sharon Achinstein points out, Milton's "conception of virtue... melds the religious notion of conscience with a classical sense of civic duty." 4 On the other hand there are significant differences between the classical and the Christian notions of "virtue" and the "good," which dictate that, as Nigel Smith puts it, "[c]lassical republicanism, properly conceived, would in many ways be in conflict with the millenarian, chiliastic and perfectionist Protestantism of the sects." 5 The problem faced by Milton as a Protestant Republican is that the definition of the "good" offered by millennial sanctification and that attainable through Aristotelian virtue are in many ways mutually exclusive and contradictory. They have been characterized as such ever since Augustine's City of God asserted that pagan ethics are incompatible with true, Christian virtue. 6 Millennialism relies on faith; civic humanist virtue relies on works. Antinomianism abolishes the law; republicanism institutes the rule of law. The saints are sanctified by grace; the virtuous are distinguished by their own strength of character. Radical Protestant freedom is negative and private--it is the ability to speak and worship according to the dictates of conscience; civic humanist liberty is positive and public, the ability to participate fully in the government of the res publica. While daunting, however, these contradictions are not quite insuperable. I believe that Milton finds a common denominator in the accounts given by these two traditions of psychological objectification and that the agreement of Roman and Christian morality on this point leads him to make the tendency to objectification (or rather the ability to resist that tendency) the central issue of his mature political theory.The political ideas of the classical republicans and their descendants, the Renaissance civic humanists, were based upon Aristotle's Politics and Nico-machean Ethics, while the intellectual sources of radical Protestantism can be traced to Luther's commentaries on Paul's epistles. During the English revolution the Pauline exegesis of the relationship between the old and the new covenants provided intellectual ammunition against custom and tradition, as well as inspiring the antinomianism of the radical fringe to which Milton was falsely accused of adhering during the divorce controversy. In the divorce tracts Milton points out that Aristotle and Paul share one fundamental tenet: they argue that interior and exterior slavery are of the same nature and therefore concomitant [End Page 142] and inseparable. Furthermore, Milton notes, Aristotle and Paul both claim that exterior and interior slavery consist in "carnality," the subjection of the spirit to the flesh. This identification of carnality with servility becomes a constant strain which runs throughout Milton's career and provides the consistent element in his apparently vacillating theories of politics and religion.II. Although this argument recurs throughout Milton's career, it is first hammered into shape during the divorce controversy... (shrink)

This article explores the paradox between the classical doctrine of divine aseity and the notion of divine self-limitation. Drawing from biblical narratives and theological concepts such as divine accommodation and kenosis, the article shows that God’s choice to enter into a temporal and relational interaction with creation affects God in such a way that God would not have been affected without the creation. Given the foregoing, open and relational theists conceptualised the notion of divine self-limitation in (...) which, as a result of the creation and human libertarian freedom, God cannot maximally exemplify his great-making properties upheld in traditional theism. I argued in this article that although God seems to become vulnerable because of the act of creation, He nevertheless remains a se because He is not only the source of his existence, but the creation of significant others could not cause God to lose his essential attribute of independence. Therefore, God is still omnipotent, omniscient, eternal, immutable and the like because the possession of these divine attributes does not rule out the possibility that God can enter into a temporal relationship with the creatures. Divine self-limitation predicates real limitations of God contrary to the negating language of the Scripture and, therefore, undermines God’s Almightiness.Contribution: It is argued in this article that although it may be possible to speak about God’s vulnerability because of his act of creation, which seems like a hard choice because He is omniscient, a weaker version of divine aseity that ascribes real limitations to God is not viable. (shrink)

Abstractabstract:Marjorie Barnard (1897–1987) and Flora Eldershaw (1897–1956) were prolific Australian authors who co-wrote, under the pseudonym "M. Barnard Eldershaw," five novels and four works of nonfiction published between 1929 and 1947. Their final collaboration, a future fiction entitled Tomorrow and Tomorrow, first appeared in Melbourne in 1947 and was reissued by the London feminist publisher Virago in 1983. Lyman Tower Sargent's bibliography of Australian utopian fiction describes the novel thus: "Dystopia. Public opinion sampling used to limit liberty." This is (...) a reasonable enough shorthand description of the novel's frame narrative, set in the "Tenth Commune" located somewhere in what is now the Riverina district on the border of New South Wales and Victoria, at some time in the twenty-fourth century. This article will argue, however, that the Tenth Commune is closer to a flawed eutopia than an outright dystopia; and that the novel's truly dystopian content lies in its core narrative, Knarf's novelistic account of mid-twentieth century Australia, which culminates in a quasi-apocalyptic destruction by fire of the city of Sydney. The extraordinary violence of this account will be contrasted to the essentially nonviolent character of the Tenth Commune and both will be situated in relation to Barnard's growing involvement in the pacifist Peace Pledge Union. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Veils: The Poetics of John Rawls*George Armstrong KellyPlutarch recounts in Sais, a holy place of Egypt, the image of Isis, understood by the Greeks to be a version of Pallas Athena, bore the inscription: “I am everything that has been, that is, and that shall ever be: no human mortal has discovered me behind my veil.” 1 This recalls a very different god, Yahweh, whose claim is also to (...) compress all knowledge into an eternal present and whose dwelling, in Solomon’s temple, is in a special sanctuary, the Holy of Holies, also guarded by a veil.There, one might say, the similarity ends. Yahweh is a masculine diety (“the father of his people”), though imagistically he remains a space or an absence filled by a name (“I Am That I Am”) indicative of the transcendent distance of the eternal. Isis is a female shape imaging carnal knowledge behind her veil (with its Machiavellian, Baconian temptations). Her truth, as Plutarch makes clear, is driven by desire, truth being a “desire for divinity,” “a study... and work more holy than the vow and obligation of chastity or the guarding and sealing of any....” 2 The almost certain wages, however, for the would-be ravisher is unfulfillment and death, whereas Yahweh, having become the God of the Christians, promises eternal life through the sacrifice of his only-begotten son and a truth above knowledge “that shall make you free” (John 8:32). [End Page 343]To the Semitic mind the name expressed and represented the power of the person: God was present in a special way wherever the “Name of Yahweh” was. 3 The content of the Holy of Holies, originally portable in the ancient Ark of the Covenant, was the two stone tablets of the Law received by Moses at Horeb (1 Kings 8:9). God’s presence, once installed in the Temple of Jerusalem, was represented as “a cloud [that] filled the house of the Lord” (ibid, 8:10; cf. 2 Chronicles 5:10, 13). God was cloud; knowledge was duty. Of the physical place of this indwelling principle of knowledge, Jesus said (John 2:19): “Destroy this sanctuary: within three days I shall raise it up again.” The evangelist explains that his metaphor is transferred to the new Christian idea of the word made flesh. 4 John’s gospel does not cite the rendering of the veil of the temple, but the synoptic gospels all recount that it was “rent in twain from top to bottom” (Matthew 27:51, Mark 16:38, Luke 23:45) at Christ’s Crucifixion. The idea is essentially that knowledge as command and duty has been surpassed by a knowledge that is love in the crucified revelation of the Son of God. This returns us, ambiguously, to the image of the goddess Isis; for even in Hebrew scripture it is foretold: “The watchmen that went about the city found me, they smote me, they wounded me; the keepers of the walls took away my veil from me” (Song of Solomon 5:7). If there is here a clear prefiguration of the fate of both Christ and the temple, there is also an echo of the likely fate of the harlot Rahab, who let Joshua’s spies into Jericho, had God not saved her from the ruin of that city (Joshua 6:17).The purpose of this essay is not to dwell on obvious imagistic and psychological attachments between wisdom and sexual knowledge, but early notice of this liaison is needed to connect the philosophical discourse on veils with motifs disclosed in figurative literature. For the veil that hides the object of desire may also hide the reality of the name or of naming; preserving the veil may be a mode of love, just as challenging it is also. For example, when John Rawls writes: “The principles of justice are chosen behind a veil of ignorance. This ensures that no one is advantaged or disadvantaged in the choice of principles by the outcome of natural chance or the contingency of social circumstances,” 5 what does his image of the veil intend to convey? What exactly is on each side of this veil? From... (shrink)

The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule of law—underpinned (...) by this rights discourse—is silent about whether liberal or communitarian ideals should inform the reconstruction of public space in conflicted or nascent democracies. Illustrated by analysis of legal interventions in parade disputes in Northern Ireland, this article argues that the rule of law is necessarily orientated by ethical consensus about its scope. Furthermore, this consensus operates as a restraint upon the degree of normative discontinuity permitted during transitional compromises. The article frames the ethical options in terms of three liberty-limiting principles—the argument from democracy, the argument for toleration, and the argument for recognition. Each suggests different parameters for the transitional project and for the role of law within it. (shrink)

Although the following essay is literary-philosophical, it arose from a practical interest. I have been struck by how widespread today is the complaint about the ‘inadequate father’. Of course a father may be inadequate in diverse ways, either absconding, absent and weak, or overbearing, bullying, and tyrannical, or some combination of these. Further, I am not restricting the term ‘father’ to its narrow biological sense, but using it rather as a metaphor for any institution or structure which an individual or (...) a group feels should have been in place to guide, direct, and protect them in important situations, but did not do its job properly. Consequently they are willing to concede they are not all they could have been, but they insist it is not their fault, rather the fault of the ‘father’ who should have done his job better. This ties in with the fashionable appeal of ‘victimhood’. Everybody today seems to want to cast themselves as a ‘victim’, for reasons similar to those mentioned above. If you are a ‘victim’, then there must be an ‘oppressor’– and some ‘parent’ organization that should have guided, directed, and protected you against the oppressor, but again did not do its job adequately. It is striking how many individuals and groups around the world today choose to perceive themselves, and to present themselves to others, as ‘victims’; it has indeed become a preferred characterization of our age, for it carries with it a rhetorical advantage that trumps all others. If you are able to cast yourself as a ‘victim’, and have others accept this, you disarm and neutralize criticism, not only of what you are, but of what you are currently doing – because the latter can be presented as a just ‘compensation’ for what you have suffered. As with guilt, there is no built-in quota or statute of limitations. This rhetoric was not as common thirty or forty years ago.There is an added factor here in America and the New World generally where, according to a whispered criticism, as our ancestors crossed the ocean, they experienced a ‘drop in civilization’. Life here was initially without some of the structures and institutions which had evolved over thousands of years in the Old World, which could thus be presumed there but here were absent. As we won with difficulty our independence, we unconsciously repudiated much of the ‘higher culture’ of the colonial master, throwing out the baby with the bathwater. As the ‘economic bubble’ of having won the Second World War has gradually dissipated, we discover we are handicapped by an absence of the forms of maturation and self-realization that arise in and are necessary for dealing with prolonged peace. In our ‘ideology of liberty’, our adults become essentially grown children, unschooled in anything higher, and thus have particular difficulty assuming the responsibilities of parenthood. They are forced to fall back upon a military style of giving orders, because on this side of the water, ‘final causes’ in the form of commonly admired or agreed on goals for striving are not in place. In this sense there is an absence of the ‘adequate father’. Further, as ‘American Culture’ expands through publicity and the media, we spread the same disease.There is another relevant factor, the ‘celebrity-liberationist’ lifestyle that has been diffused into the general population since the 1960's and has become a default secular ethic of our time, replacing the traditional Judeo-Christian decalogue. The former is invoked as a justification for aggressively seeking fame and fortune, and making no attempt to conceal this; rather than worrying that such an attitude will cause offense, it is worn proudly and defiantly in the hope that others will identify with it, thereby branding the performer a cultural hero. This popular strategy towards fulfilment itself rests on a metaphysic of ‘expressive individualism’, a position that holds that the supreme ethical imperative to which other obligations must be subordinated is for each to bring forward their hidden noumenal core, the only source of value, into phenomenal appearances where it may be admired and benefit others and such that creation will for the first time be complete. This change in Western culture made possible by greater affluence and security represents a trickle-down phenomenon and democritization of the awe reserved for the artist revered as a genius during the nineteenth century, now spread to the entire population. Anything that constrains this expansion, which interrupts or limits this transfer, is to be rejected as parental abuse, psychological repression, or cultural imperialism. (shrink)

Plato’s Timaeus–Critias juxtaposes a long description of our universe in the making with a discourse on human nature. The latter, confined to Critias, flanks Timaeus’ full-blown cosmogony without clearly articulating how, if at all, do the apparently so different stories fit together. By contrast to many precedent efforts at articulating their relation, the article tries to take seriously Timaeus’ distinction between the two kinds of divinities, whereby he opposes celestial bodies together with the ensouled physical universe to the traditional gods. (...) It seems possible that the two kinds of gods correspond to the duality of human nature itself, and thus to its peculiar position at the juncture of the immortal and mortal parts of the universe. Plato’s recourse to gods distinct from the celestial objects of intellectual assimilation then has nothing to do with theology in some doctrinal sense, but serves to indicate a link between divine and human capacities of deliberation and practical action. Reread in this light, the story told by Critias and several passages from the speech of Timaeus indicate the limits of theoretical knowledge and point towards the problematic ontology of the deliberating mind and the puzzling status of artefacts including man and the universe. In this context, the article re-examines the issue of human civilization and war, and also the question of great cataclysms. Presented by Critias, these issues are revelatory of the Platonic conception of human city not as an expression of man’s natural gregariousness but as a carefully composed artefact. The article concludes that, under the overlays of pseudo-history and cosmology, Socratic colours may well be more prominent than we usually assume. (shrink)

After receiving the divine authorization from Allah to openly notify people of Islam, the Messenger of Allah started to publicly to invite the people of Mecca to Islam. Idolaters however felt heavy shame to give up the faith of their ancestors, and the pagans did not accept the Prophet's invitation to Islam. They applied various pressures to the Messenger of Allah and the believers to renounce the cause of Islam. When the animosity against the new Muslims became intolerable, Almighty (...) Allah gave permission to immigrate, first to Habasha and then to Medina. Some of the companions of the Prophet periodically immigrated to Habasha and then to Medina. In the sources that have survived to the present day, poets (ṣaḥāba: companion of the Prophet Muhammad peace be upon him) reflect the events experienced during the immigration to Medina and the intensity of emotions they felt during the holy journey. These poets demonstrate in their writings a sense of elation and pride, having followed the Prophet's favorable advice to immigrate to Medina and portend that their religion will be strengthened in Medina by their presence. Their poems in terms of style are more focused on unscripted, or spontaneous feelings, a style of pauses to give harmony between the shorter verses, unlike long poetic tradition in the period of ignorance (Jāhiliyya).Summary: The Messenger of Allah comes into the world of Mecca, where injustice and distorted belief forms prevail, and when he is forty years old, he is commissioned as a prophet by Allah Almighty. Considering the possibility that the Islamic invitation will not be accepted and welcomed by the pagan Arabs in Mecca, the Prophet tries to spread his cause among the people only he has trusted for three years. When revelation regarding publicly conveying Islam came, the Prophet begins to openly invite the people of Mecca to Islam. Since leaving the beliefs that are patrimonies preponderated the pagans, they started oppressing the Prophet and the believers. When the pressure exerted by the pagans exceeded the limit of tolerance, the Prophet advised the Ṣaḥāba for the temporary migration to Abyssinia. Some Muslims in need of protection followed the advice of the Messenger of Allah, and they migrated to Abyssinia. In the meantime, the Prophet was under the protection of his uncle Abū Ṭālib. After the death of Abū Ṭālib, the pressure on the Prophet increased day by day. Moreover, it was even planned by the pagans to have them eradicated through conspiring against them. The Prophet, who understood that he cannot convey Islam in Mecca, went to Tāif to describe his case. The Prophet, however, faced a harsh reaction in Tāif and was forced to return to Mecca.In the meantime, the people of Medina were in search of a leader to eliminate the mess in consequence of wars and instability with Jews on the one hand and among each other on the other hand. The Prophet came to Mecca in the Ḥājj (pilgrimage) season and also presented the religion of Islam to groups from Medina People who perceived that the Prophet has the features to overcome the disasters between them, they pledge allegiance to the Prophet through the agreements known as Bay‘a al-‘Aqaba in the region called al-‘Aqaba, respectively as Bay‘a al-‘Aqaba I and II. In this way, the city of Medina became ready to welcome the immigrants and to be a base of the Islamic religion that will open up to the world. Almighty Allah is first allowed to Ṣaḥāba and then to Prophet to migrate to Medina and with migration of Prophet to Medina, a significant breakthrough was achieved in the history of Islam.Since the issue of the migration to Medina corresponds to the early period of Islam, the sources of poetry reflected the migration of the Ṣaḥāba to Medina are few in number. Relevant texts in the available sources can be found consist of five articles as, three of them belong to Abū Aḥmad b. Jaḥsh, the fourth belongs to Bujaid b. 'Imran al-Huzâ'î'e and the last one belongs to an unknown poet. Because of his connection to the hegira, a verse pursuant to idolater poet Utbe b. Rabî‘a was also included in the subject. In related poem texts, it is seen that the Ṣaḥābahs poets had prided themselves on the fact that they followed the advice made by the Messenger of Allah on his way to hegira to Medina and they tried to reflect the intensity of emotions they experienced in the face of the developments that occurred since the first moments of the movement of emigration to the poems. Determined to migrate to Medina in order to strengthen the Islamic invitation, the poet Abū Aḥmad reflected the self-confidence of walking on the right way. Abū Aḥmad promised the Messenger of Allah that he will migrate to Medina and he was faithful to his word. Abū Aḥmad tried to resolve his concerns of his wife Umm Aḥmad that they might be harmed by the polytheists if they migrate to Medina and emphasized that they migrate to Medina in order to strengthen the God Almighty against superstitions.Undoubtedly, the concerns of Umm Aḥmad in this context give clues about the dimensions of mobbing, oppression and torture policies applied to Muslims in Mecca. Abū Aḥmad and his associates were full of belief that Almighty Allah will meet their expectations as they migrate to Medina in line with the recommendations of the Prophet. In this respect, the poet turns a deaf ear to the advice of many men, women and friends to not to leave Mecca environment that he was born and grew up in and the memories that adorns his inner life shaped. The poet also points to the importance of the fellowship of Islam, rather than the spirit of Jāhiliyya As a matter of fact, because of tribal chauvinism, the poet called for the termination of hostilities in the past and convinced those around him to follow the call. In this respect, the poet is in peace with the fact that the family members will also have the blessings waiting for those who migrate for Allah. According to the poet, the idolaters who favored blasphemy and who opposed Muslims, deserved the wrath of Allah. Even if there are blood ties with the Muslims, the idolaters who favor the blasphemy and opposed the Muslims are frustrated. In another poem, the poet also boasts Ghanm family, of whom he was a member, because they had fulfilled the promise they had given to the Prophet, that they would migrate to Medina. According to the poet, the Ghanm family is essentially loyal to the Prophet. As a matter of fact, the Ghanm family, which once occupied Mecca and lived off in Mecca, left the lands they lived in for Allah and migrated to Medina in groups of single and two in order to strengthen the invitation to Islam.Poet Bujaid b. ʿImrān al-Khuāz‘i boasts about the fact that Khuzā'a tribe, of which he was a member, that is the lower tribe of the Kaʿb sons, supported the Prophet and some of his people migrated to Medina in his verses. In fact, according to the poet, the members of the Khuzā'a tribe trotted off to the Medina on the advice of the Prophet without wasting any time. Moreover, due to the agreement between the Khuzā'a tribe, who played a key role in the reasons causing conquest of Mecca, and the Prophet, Mecca was conquered and Mecca skies were cleaned from idolatry mist. The Khuzā'a tribe was instrumental owing to their admirable attitude in the conquest of Mecca and the Prophet to gain strength, despite the idolaters who once forced the Prophet to leave Mecca. In the verses of the unidentified poet, it is seen that the names of the eight Ṣaḥāba who were subjected to oppression in the most troubled early periods of Islam, who left their homeland for Allah, migrated to Abyssinia or Medina and were heralded to enter heaven were mentioned. According to an unidentified poet, it is not possible for anyone to reach the rankings of these eight people due to the beautiful actions they performed.In the last poem text, it is seen that the poet Abū Aḥmad was dissatisfied with the confiscation and sale of his house by Abū Sufyān when he emigrated to Medina. In the verses, the poet likens his home being unjustly confiscated by Abū Sufyān to a hunter holding the dove he seized tightly and he emphasizes that he will get his due in the afterlife from Abū Sufyān.The poetry texts bearing the traces of migration to Medina are a continuation of the poetry technique of the period of Jāhiliyya in terms of the poetry technique, when wordings that are in accordance with the spirit of Islam are left aside. As a matter of fact, poets try to reflect the intensity of emotions they live in short verses instead of long term poems. Again, poets use the types of art, such as borrowing, metaphor and comparison, which are frequently used in the poetry of the Jāhiliyya in order to bring the intensity of emotion they live in closer to the audience's perception. Poets build on these poems on taweel, muteqâreb, baseet and qamel, which are frequently found poetic measures in the poetry of Jāhiliyya. As a last word, it is necessary to say that the poetry texts of Ṣaḥāba poets are historical objects in terms of shedding light on the events experienced during the Hijra. Again, the poem texts in question are important in terms of getting an idea about the state of old Arabic poetry during the transition period from the period of Jāhiliyya to the period of Islam. (shrink)

Fertility clinicians participate in non-sexual reproductive projects by providing assisted reproductive technology (ART) to those hoping to reproduce, in support of their reproductive goals. In most countries where ART is available, the state regulates ART as a form of medical treatment. The predominant position in the reproductive rights literature frames the clinician’s role as medical technician, and the state as a third party with limited rights to interfere. These roles broadly align with established functions of clinician and state in Western (...) liberal democracies, where doctors have duties to provide safe, beneficial and legal healthcare to all who seek it. Recognised state responsibilities include safeguarding equitable access to medical services and protecting and promoting reproductive liberty.I argue against this normative moral framing of clinician and state involvement in non-sexual reproduction, suggesting that clinician and state join the non-sexual reproductive project at the point of triggering conception. Begetting a child is more than just the provision and regulation of healthcare; it generates rights and confers responsibilities on all who join this morally significant project. All who collaborate have the right to join or refuse to join the project. I suggest this is intuitively understood in the sexual realm, but not in the non-sexual realm. My key substantive claim is that non-sexual reproduction is a pluralist pursuit that morally implicates more than the genetic and gestational contributors. I find that while the moral basis of a clinician or the state’s right to refuse to join the ART project is the same as for those providing gestational or genetic input, the reasons that morally underpin their refusal differs. (shrink)

This paper defends the Limited Use View of our duties to save. The Limited Use View holds that the duty to save is a duty to treat oneself, and perhaps one’s resources, as a means for preventing harm to others. But the duty to treat oneself as a means for the sake of others is limited. One need not treat oneself as a means when doing so is either very costly, or conflicts with one’s more stringent duties to others. This (...) provides an agent-neutral account of the duty to save. When the cost of saving passes a certain threshold, one is permitted to fail to save, and it is impermissible for others to force one to save, if doing so will force one to incur an equal or greater cost. I argue that the Limited Use View is to be preferred to agent-relative accounts of the duty to save, which hold that the limit on our duty to save is grounded in an agent-relative prerogative to weight our own interests (and those of special others) more heavily than other people’s interests. (shrink)

Hegel seeks to overturn Kant's conclusion that our knowledge is restricted, or that we cannot have knowledge of things as they are in themselves. Understanding this Hegelian ambition requires distinguishing two Kantian characterizations of our epistemic limits: First, we can have knowledge only within the "bounds of experience". Second, we cannot have knowledge of objects that would be accessible only to a divine intellectual intuition, even though the faculty of reason requires us to conceive of such objects. Hegel aims (...) to drive a wedge between these two characterizations, showing that we can have knowledge beyond Kant's bounds of experience, yet without need of divine intuition. And attention to such knowledge is supposed to show that we have no legitimate need to even conceive of divine intuition and its objects - and no need to conclude that our own knowledge is restricted by comparison, or that we cannot know things as they are in themselves. I focus here on the initial case Hegel uses to introduce this extended argument strategy: we can have more knowledge of natural kinds and laws than would be allowed by Kant's bounds of experience. (shrink)

Independent on Sunday October 2nd One of the country's lead­ing philosophical counsellers, and chairman of the Society for Philosophy in Practice (SPP), Tim LeBon, said it typically took around six 50 ­minute sessions for a client to move from confusion to resolution. Mr LeBon, who has 'published a book on the subject, Wise Therapy, said philoso­phy was perfectly suited to this type of therapy, dealing as it does with timeless human issues such as love, purpose, happiness and emo­tional challenges. `Wise (...) Therapy, is part of a series aimed at promoting an integrative attitude as its ethos. Among all the many perspectives of psychotherapists and counselors, philosophy needs to take its place and needs to find its voice. Tim LeBon has provided an effective means by which counselors can bring philosophy into their work with clients' - APPA journal `Tim Le Bon's Wise Therapy is a comprehensible and well argued book dealing with the practical therapeutic applications of philosophical research that may well be of interest to philosophers but -- as the author himself intends -- will be of most obvious benefit to therapists and counselors, both by informing their dialogue with clients in new ways and by helping them become more informed about ways to resolve the ethical dilemmas arising within the context of their own work' - Metapsychology `A fascinating workshop for therapists and clients, backed up a thorough degree if philosophical acuity' - Journal of the Society for Existential Analysis `I strongly recommend the book for philosophers as well as practitioners, teachers, students and supervisors in counselling and psychotherapy' - Self and Society `Provides some additional and valuable arrows for the therapist's quiver' - Irvin Yalom, author of Love's Executioner `Like Aristotle, Tim LeBon examines what is said and extracts what is best from it…. There are many fascinating exercises designed to bring out and enlighten the client's values, conception of the good life, well-being, happiness, pleasure, and the proper place of reason in life…. Wise Therapy is well written and engaging. The case histories are illuminating examples of therapeutic techniques at work, the thought experiments are well designed, and the philosophical position adapted from the internal debates of the philosophers is level headed…. I recommend it highly to philosophers with an interest in counselling, and psychological counsellors with an interest in philosophy' - Jeff Mason, The Philosophers' Magazine `Tim LeBon has… authored a text which should become a staple on the philosophical counsellor's bookshelf…. Wise Therapy is a concise, well-written book…. His ability to relate philosophical concepts to counselling concerns is admirable and attests to the skill and knowledge he possesses as a working counsellor. But, by far the most important part of Tim LeBon's book to PC is the last chapter, "The Counsellor's Philosophical Toolbox"' - Craig Munns in The Examined Life ` Tim LeBon has done a good job of offering practical approaches to some of the most important and vexing issues that arise in counselling…. Tim LeBon's book contains helpful suggestions, practical information, and useful examples, and would make a good addition to the library of any counsellors willing to allow philosophy to turn mere client sessions into wise therapy' - Peter Raabe, Practical Philosophy Wise Therapy is an original and practical guide to how philosophy can benefit counselling and psychotherapy. Tim LeBon argues that therapy, informed by philosophy, can help clients make better decision and achieve emotional wisdom. He uses philosophical approaches to explore issues of right and wrong, the emotions and reasons, well-being and the meaning of life, and develops a 'counsellor's toolbox' of techniques that can help practitioners apply the wisdom of philosophy to good therapeutic practice. For counsellors who may find philosophical approaches to therapy useful, this work addresses key philosophical topics - the emotions, free will, the meaning of life and ethics. It is jargon-free where possible and assumes no previous philosophical training. From The Independent, 16th November 2004 Plato is my agony aunt It was the end of a love affair that broke her heart. Could the wisdom of the great philosophers show her how to be happy again? Claire Smith tries a novel form of therapy "The unexamined life is not worth living," Socrates said. Nor is the life you're left with after your boyfriend has left you for another woman - at least, that's how it felt in October last year when mine broke rank and went off with an art student from Cleveland, Ohio. We were over there for the opening of his new art exhibition. He'd flown over four days before me and had met her at a party. Supposedly, they "connected". The five months that followed were a roller-coaster of confusion, vitriol and despair. I knew there'd been problems in our relationship. We saw the world very differently; he delighted in the charm of the ordinary, I wanted maximum divinity. He walked; I galloped. He drank tea; I loathed the stuff. But, along the banks of the Thames, we'd made a promise to always stick together. Our love was something unique: "transcendental", I called it. And besides, we recycled. Surely a commitment to save the world would save our relationship? Alas, no. So there I was, a woman scorned. Hell truly hath no greater fury. And what made it worse was that I still believed in our transcendental love. If I wanted to change the way I was feeling, I needed to alter the way I was thinking. But how? A few bottles of wine and a sharp blow to the head might have done the trick. Fortunately, there's an older, more trusted way of turning your head on its head that counsellors are starting to use: philosophy. The idea of employing Plato as an agony aunt was begun in 1981 by the German philosopher Gerd Achenbach. Although philosophy spends a lot of its time asking real-life questions that affect real-life people - What is happiness? And is it always wrong to lie? - most of the debate goes on in ivory towers. What Achenbach and subsequent philosophers including Tim LeBon, the chairman of the UK's Society for Philosophy in Practice, wanted to do was "give practical application" to this gigantic library of great thoughts. So how does it work? Like most types of therapy, you sign up for a set of sessions. "Two would give you a new perspective on one issue; six would help you to make a major life-decision, like a career change; with 12 you can start to rethink your entire life philosophy," explains LeBon. Each session lasts 50 minutes and costs £50 - and, no, you don't have to have any previous knowledge of philosophy. "If you think of Friends, it would suit Ross and Chandler more than Joey," LeBon says. "It's for anyone who wants to make their emotions more intelligent. Or for those who have tried other kinds of therapy, and want something more cerebral." The first session begins with the patient venting off about whatever's troubling them. The rant over, the counsellor then picks out some key concepts that are crucial to the problem - in the case of heartbreak, it is love and happiness that come hurtling to the fore - and then gets the patient to define what they mean. So, what is love? What is happiness? To kick-start the patient's thinking, LeBon describes what a great philosopher had to say about it. In my case, he tells me what Plato wrote about love in his Symposium: that to stop man fighting the gods, Zeus decided to cut each human in two, so they would lose their strength. "This, then, is the source of our desire to love each other," Plato said. "Each of us is a 'matching half' of a human whole, because each was sliced like a flatfish, two out of one, and each of us is always seeking the half that matches him." This method of probing what we might think are "obvious" ideas, such as love and happiness, was devised by Socrates in the squares of Athens. "The only I thing I know is that I know nothing at all," he boasted. What Socrates showed was that although many of the thinkers of his time thought they knew what justice, happiness and goodness meant, their understanding was tied in to their personal agenda and world view, and, what's more, when pushed, their ideas often contradicted themselves. A bit like me on love. Whereas part of my understanding of love was something that gave life meaning, made it worth living and bound us together, I also believed that true love was "transcendental": that it was out of this world, and it didn't matter if the two people who loved each other couldn't get along in the day-to-day. Love was bigger than the mundane. But when it came to the next stage of the therapy, critical thinking - "to check out whether your assumptions stand up to examination" - I walked head first into a contradiction. If I think love's purpose is to make life worth living, but then say it's irrelevant to daily life, surely my two ideas of love are not compatible? As the cogs in my brain start to creak into motion, I feel myself taking a step back from my predicament: thinking about how I've been thinking. This idea I had of transcendental love might have started off as a romantic dream. But when the relationship stopped working, and I found myself feeling trapped and frustrated, I used it to justify the mechanics of a relationship that just didn't work in the daily grind. I used it to lie to myself. In the final stage, LeBon gets me to start thinking about how to go forward. "You can't change what has happened," he says. "You can't change that he's left you, or how you behaved in the relationship. So, as the Stoics did, let's work on controlling the controllables: the things that you can change." To work out what can be changed, he gets me to try out a thought experiment, a method often used in philosophy to imagine other worlds where people can have different codes of behaviour. Thought experiments shatter your preconceived ideas of how the world should be and let your imagination run wild to how the world could be. "I find Viktor Frankl very useful here, the Austrian psychiatrist and concentration-camp survivor who actually believed that everything in life happens for a purpose," LeBon says. "Suppose this break-up did happen for a reason that will work to your benefit," he suggests. "What might that be? The answer might be that you can now focus on something important that was denied in the relationship. Or - the Hollywood version - so you'll meet someone who is really right for you." Temporarily freed of any sense of responsibility for the relationship that was, and its sorry demise, the list came fast. I could now travel more; he didn't like me travelling on my own, but too often he didn't want to go anywhere, preferring to stay in his studio and make art. I'd love to meet someone with a similar sense of adventure to mine. For the first time in two years, I was being honest with myself about what I really wanted - listening to those voices that we all have inside our heads, and too often try to muzzle. So did philosophy save me? Well, I'm now dating a travel writer I have to run to keep up with. I still haven't got over the fact that my replacement came from Cleveland, Ohio. But I guess I never will. Tim LeBon can be reached by e-mail at [email protected] A FEW WORDS FROM THE WISE Compiled by Ed Caesar · "At the touch of love, everyone becomes a poet" - Plato · "There is always some madness in love. But there is also always some reason in madness" - Friedrich Nietzsche · "That man shall live as his own master and in happiness who can say each day 'I have lived'" - Horace · "The good of man is the active exercise of his soul's faculties in conformity with excellence or virtue... Moreover this activity must occupy a complete lifetime; for one swallow does not make spring, nor does one fine day; and similarly one day or a brief period of happiness does not make a man supremely blessed and happy" - Aristotle · "There is nothing on this earth more to be prized than friendship" - Thomas Aquinas · "Whatever you do... love those who love you" - Voltaire · "Happiness is not an ideal of reason but of imagination" - Immanuel Kant · "Happiness is a state of which you are unconscious. The moment you are aware that you are happy, you cease to be happy" - Jiddu Krishnamurti · "Love is an ideal thing. Marriage is a real thing" - Johann Wolfgang von Goethe I shrink, therefore I am Therapy has many answers, but some questions require the help of a philosopher, says Clint Witchalls Sunday November 21, 2004 The Observer Danny had worked in the City of London for 10 years. As a research analyst, stockbroker and fund manager, he'd made a lot of valuable contacts, earnt a lot of cash, and learnt some important business skills. However, as he approached his mid-thirties, he no longer felt good about himself or what he did for a living, and he found his colleagues cold and unfriendly. A chronic illness made him realise his mortality, and he began to reassess his priorities. Danny had been struggling with his career conundrum for nearly five years when he met David Arnaud, a philosophical counsellor. After a few soul-searching sessions, Danny arrived at a decision. Today, he teaches economics to sixth-formers, and he loves it. 'It's a much better lifestyle,' he says. Many people are turning to philosophical counsellors to get answers to questions such as: 'How do I make sense of myself?' 'What is important to me?' 'Where am I going?' These are perhaps not the sort of questions that require psychiatric intervention, but Arnaud, who recently completed the first empirical study of philosophical counselling in the UK, has found that within just five sessions the majority of clients, with important decisions to make, tend to move from a state of concern and confusion to a resolution. Modern philosophical counselling can be traced back to 1981, when the philosopher Gerd Achenbach opened the first practice near Cologne. Achenbach referred to the new discipline as 'therapy for the sane.' Today, there are hundreds of philosophical counsellors around the world, with the movement particularly strong in the US, Britain and the Netherlands. 'The dilemmas people face aren't always primarily psychological,' says Alex Howard, a philosophical counsellor from Newcastle. 'If people face problems that are social or economic, it doesn't make sense to define their problems in purely psychological terms.' Tim LeBon, a founder member of the Society for Philosophy in Practice (SPP) and author of Wise Therapy, adds: 'We are faced with far more life choices than our grandparents, yet have far fewer resources to deal with them. Our grandparents may have gone to a priest or to other family members for advice; most people don't trust these solutions any more and so want to make their own well-informed, well thought-out choices. Philosophical counselling can help these people - people in mid-life crises who are wondering how to make the most of the rest of their life. People who want to take stock of their values.' Where stressed executives might once have been prescribed a course of tranquillisers or antidepressants, they can now get a dose of Bertrand Russell instead: 'Success is too dearly purchased if all the other ingredients have been sacrificed to obtain it.' While some philosophical counsellors do recommend books for their clients to read, most sessions are about helping the client identify faulty thoughts. For example, a briefing in Aristotelian logic might show a client why their beliefs are erroneous. The person might infer that they're a screw-up because they've screwed up. The counsellor could point out that they're making an error called 'fallacy of composition' - that is, what's true of the part isn't necessarily true of the whole. In philosophical counselling, problems aren't pathologised as they are by the psychiatric profession, and the dialogue between client and counsellor is more like a meeting of equals, compared to many therapies where the client is treated like a patient and seen as someone who is, in some way, inadequate. 'Anybody can benefit from philosophical counselling,' says Howard. 'But it does require someone who is willing to take stock.' Lou Marinoff, author of international bestseller Plato Not Prozac! has done much to promote philosophical counselling. 'Some people who have stabilised their neurochemistry and validated their emotions now wish to examine or re-examine the criteria of their beliefs, the principles of their conduct, or the meaning of their lives,' he says. 'With whom shall they do this? Psychologists and psychiatrists can shed light on such issues - as can rabbis, priests, imams and gurus. Philosophers are now rejoining the ranks of helpers.' LeBon believes certain therapies (such as cognitive behavioural therapy) don't go far enough in helping their clients. 'For instance, if you are anxious about your relationship, a cognitive therapist would try to dispute your catastrophising and jump to conclusions to make you feel less anxious,' says LeBon. 'A philosophical counsellor would do this, but would also look for existential meaning in your anxiety - perhaps you really don't want to be in the relationship and that is what your anxiety is telling you.' LeBon also gives short shrift to psychoanalysts. 'There's very little evidence for the Freudian unconscious, and it's time to move on to more intellectually satisfying and helpful therapies,' he says. However, Alain de Botton, the man who popularised philosophy as self-help, isn't ready to bury psychologists and their ilk just yet. 'The truth is that psychoanalysis grew out of philosophy - it's not some completely new idea, and in fact, done properly, psychoanalysis is philosophical anyway. It may even be dangerous to the mental health of some people to suggest a philosopher rather than a properly trained analyst. The knowledge of analysts when it comes to many emotional problems is now much greater than that of most philosophers.' Guardian Unlimited © Guardian Newspapers Limited 2004. (shrink)

As we wrestle with the role and limits of policing, a political philosopher who spent over two decades as a New York City police officer and Vermont chief of police presents a normative account of what it means to police a pluralist democracy. Invoking his vast experience, Brandon del Pozo argues that we all have the prerogative to use force to protect others, but police embody the government's unique duty to do so effectively and with restraint. He recasts order maintenance (...) as brokering and enforcing the fair terms of social cooperation in our public spaces, for the protection of minority interests, and for a society where diverse conceptions of the good can flourish. The reasons why we police, he says, must be ones that all citizens can evaluate as equals. His book explains the democratic commitments of policing, and lays the groundwork for meaningful police innovation and reform. (shrink)

This book provides a multidisciplinary analysis of the potential conflict between a government’s duty to protect children and a parent’ right to raise children in a manner they see fit. Using philosophical, bioethical, and legal analysis, the author engages with key scholars in pediatric decision-making and individual and religious rights theory. Going beyond the parent-child dyad, the author is deeply concerned both with the inteests of the broader society and with the appropriate limits of government interference in the private sphere. (...) The text offers a balance of individual and population interests, maximizing liberty but safeguarding against harm. Bioethics and law professors will therefore be able to use this text for both a foundational overview as well as specific, subject-level analysis. Clinicians such as pediatricians and gynecologists, as well as policy-makers can use this text to achieve balance between these often competing claims. The book is written by a physician with practical and theoretical knowledge of the subject, and deep sympathy for the parental and family perspectives. As such, the book proposes a new way of evaluating parental and state interventions in children's’ healthcare: a refreshing approach and a useful addition to the literature. (shrink)

The prelims comprise: Liberty and Coercion Liberty‐Limiting Principles The Harm Principle The Offense Principle Legal Paternalism Legal Moralism Justice Need Conclusion Bibliography.

Community treatment orders are a legal mechanism to extend powers of compulsion into outpatient mental health settings in certain circumstances. Previous ethical analyses of these powers have explored a perceived tension between a duty to respect personal freedoms and autonomy and a duty to ensure that patients with the most complex needs are able to receive beneficial care and support that maximises their welfare in the longer-term. This empirical ethics paper presents an analysis of 75 interviews with psychiatrists, patients and (...) family carers to show how these ethical considerations map onto the different ways that community treatment orders are used and experienced in practice. A complex and nuanced account of how the requirements to respect patients’ autonomy, to respect patients’ liberty and to act beneficently should be interpreted in order to make judgements about the ethics of community treatment orders is presented. The article argues that, due to such complexity, no general ethical justification for community treatment orders can be provided, but a justification on the basis of the promotion of patients’ autonomy could provide an ethical reason for community mental health practitioners to make use of a community treatment order in some limited circumstances. (shrink)

Kant argues that morality leads to religion, and that religion consists in regarding our moral duties as divine commands. This paper explores a foundational question for Kantian religion: When you think of your duties as divine commands, what exactly are you thinking, and how is that thought consistent with Kant’s own account of the ways that morality is independent from God? I argue that if we assume the Kantian religious person acts out of obedience to God, then her (...) overall outlook will be inconsistent. I then develop an account of regarding duties as divine commands that does not involve acting out of obedience to God. This account, however, faces an objection—that without obedience, one cannot actually be thinking of duties as divine commands. In the final section, I consider this objection and suggest a response. (shrink)

IBERTARIANS hold that we have such duties as: not to directly and significantly harm others or their property, to keep agreements, to refrain from lying and certain other sorts of deception, and to compensate those whom we wrong. They also hold that we have a duty not to interfere with the liberty of others as long as they are fulfilling these duties. This duty of non-interference, they have thought, has protected the privacy of the home, and hence parental autonomy, for (...) it insures that others have no authority over or responsibility for (except in extreme circumstances) how parents raise or treat their children. (Why parental autonomy has been held to be protected by this duty of non—in_terference should be clear enough: for if (as is surely plausible) the main effect of that duty is to secure for adults the liberty (within limits) to live their private lives as they choose, then, on the natural assumption that the matter of how to raise one`s children falls within the domain of the private lives of adults, intervention by others, and in particular by the state, for the purpose of ensuring that children get raised in one way rather than another, would be impermissible.) More specifically to our purposes now, libertarians have supposed that the duty of non-interference leaves intact parents` perogative to decide if, and in what way, their children are to be educated. That this is crucial both to the degree and to the point of parental autonomy is clear enough. For it goes both to the matter of keeping out of the private home those who would provide education for children (if such is the wish of the parents), and to the matter of parents` entitlement to instill in their children the values that they (the parents) wish their children to have. Libertarians, however, have not had very much specific to say about the moral status of children. Are children owned by their parents? Do they have all the rights and duties that normal adults have'? Or is their status somewhere in between these extremes? Given that libertarians haven't said, there are different possible ways of extending traditional libertarian theory so as to cover children.. (shrink)

Events such as industrialization, population growth and old age have made the disability more visible. We think that the disabled people's attitude towards being disabled and religion is an important issue to be investigated in terms of formation of the social sensitivity about the learning of the thoughts of disabled people. In this context, it is aimed to investigate the function of the religion in terms of how the disabled identify, understand and overcome the problems related to being disabled. The (...) sample of the study consisted of 58 people, 20 (34.5%) female and 38 (65.5%) male. Semi-structured interview technique was used as the research qualitative research method and descriptive analysis technique was used in the analysis of the data. In the article, the relation between disability and religion has been tried to be understood in terms of sociology of religion in the context of functionalist approach. In general, disabled people evaluate disability (81.1%) as "examination", (10.3%) as "problem" and (8.6%) as "difference”. It is concluded that religion affects the thoughts of disabled person in a positive way to understand and accept the disability. It has been seen that the disabled people have applied to the state, social support systems and spiritual values ​​to overcome their problems. However, it is the duty of all social institutions to increase the social sensitivity to the disabled people.Summary: Events such as industrialization, population growth and old age have further increased disability. It is important that the social sensitivity towards disabled people and disabled people’s thoughts about disability should be learned. We think that the disabled people's attitude towards being disabled and towards religion is an important issue to be investigated. In this study, the functions of religion to overcome the problems related to the disability and the way how the disabled people define and understand the disability will be investigated. In this context, we think that an individual's overcoming the problems related to disability is an important issue that should be examined in terms of religion-referenced behavior.The sample of the study consisted of 58 people, 20 (34.5 %) female and 38 (65.5 %) male. Semi-structured interview technique was used as the research qualitative research method and descriptive analysis technique was used in the analysis of the data. In the article, the relation between disability and religion has been tried to be perceived in terms of sociology of religion in the context of functionalist approach.It is a fact that various approaches to disability in various societies have been made during the historical process. These approaches are known as moral, medicinal/medical, social, human rights and limitative models. Each of these approaches points to a specific direction and problems of disability. In other words, each model handles and predicts a different dimension of the subject.According to the Qur’ân, disability means not to be in a bodily sense, but to stay away from the truth and expressed in the way of not seeing the truth, not grasping and not hearing, that is, figuratively meaningful. Again from the point of view of the Qur’ân, the first cause of disability comes to people through the divine will and test. The others are due to people's own mistakes.The changing paradigm shift with the enlightenment process has changed the way people view each other. In this context, with the thought and modernization of enlightenment, people's view of human beings and environment has changed. The body which is thought as the trust of God has turned into a body in which one is his proprietor. Therefore, this situation brought the contest, the debate, the comparison and the alienation together.Today, people with disabilities face many financial, spiritual, social and cultural problems. Poverty arising from unemployment, livelihood, accommodation constitute financial problems that are the first to come to mind; access to places of worship, instruction of worship, fulfillment of worship, lack of spiritual care and support constitute spiritual problems; education, health, access and social exclusion constitute social and cultural problems.Disabled people ask themselves these questions related to disability: Why did it happen to me? If it is a test, why do not I start the test on equal conditions with healthy people? Here the disabled person consults the religion to understand and find an answer to the situation that he is in. Because religion is an important factor that responds to the search for meaning, it reduces the feeling of deprivation, and fulfills the task of compensation mechanism. In addition to this, religion gives life a goal and power to the person to overcome the problems he encounters with.In our research on the relationship between disability and religion, religion as in many subjects has contributed positively to the individual’s view towards the fact of disability and to overcome some problems. For example, as a result of the research, the participants evaluated "disability" (81.1 %) as ‘test’ (10.3%) as ‘problem’ and (8.6 %) as ‘difference’.They answered the question ‘How has the disability affected your religious thoughts?’, 71% of the participants expressed that it has affected in a positive way (as a test, made me closer to God, increased my loyalty to God, a motivation source). Besides, 23 % of the participants expressed that it hasn't caused any changes (already believed, fate, disability isn't an obstruct to worship) and 6 % of the participants expressed that it has affected in a negative way (my life is upside down, I am questioning this situation).In addition to those who answered the question ‘Has the disability affected your life?’ in a ‘positive’ way, there is a considerable amount of people who said that the entrances of the mosques are not suitable for the disabled people. In addition, the disabled people stated that they have problems with the way of worshipping (orthopedically disabled), listening to the Qur’ân, hearing the azan (hearing impaired), and cannot go to the mosques and cannot fast because of the health problems, all of which have affected their religious life in a ‘negative’ way. We can gather the answers given to the question in three categories about what kind of behaviors the disabled people do to overcome/eliminate problems. The first is that they receive a variety of services and assistance by applying to the state for material support in order to overcome the problems related to disability and the second is that the social support services are mainly given within the family and friends, and the third is they worship, pray and fast, which are must of Islam, to eliminate the spiritual distress.The rate of people, whose answers are ‘positive’ to this question ‘Does your religious belief have an effect to deal with the disability?’ because they believe the afterlife and who say they feel relieved by praying and worshipping, is very high (95%). Moreover, it is remarkable that the ones say they are ‘not positive’ still explain this with religious concepts such as test and examination which require patience. In short, religion relieves disabled people by fulfilling the task of compensation mechanism with understanding disability and overcoming problems.Almost half of the participants (45%) said no to the following question: Is there any kind of material/spiritual support given to you by the religious officials or religious people in your community? Some factors affecting this situation are that religious officials have no knowledge and education about how to treat disabled people and how to help them.As a result, disabled people face various financial and spiritual problems. They consult religion to solve some of these problems. The vast majority of the disabled consider disability as a test and a fate. Therefore, religion plays an important role for disabled people to understand disability and cope with it. Besides, disabled people have stated that they face various problems in fulfilling their worship and in accessing the places of worship. In this context, physically disabled people also need the supportive power of religion just like other disabled people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Friendship: The Future of an Ancient Gift by Claudia BaracchiJoseph GamacheBARACCHI, Claudia. Friendship: The Future of an Ancient Gift. Translated by Elena Bartolini and Catherine Fullarton. Bloomington: Indiana University Press, 2023. 146 pp. Paper, $30.00Friendship: The Future of an Ancient Gift offers a series of reflections on friendship that "outline thoughts, visions, stories." It is well to bear this in mind. There is no sustained discussion of (and (...) not many references to) other commentators or interpreters of the ancient Greeks. Nor is there, despite the title, a sustained philosophical treatment of friendship or its future. It is a series of reflections on ancient Greek texts. These reflections are unified by the theme of friendship, even when friendship seems to recede into the background. Each chapter is organized around a specific text, the reading of which is interspersed with the aforementioned thoughts, visions, and stories.The first chapter focuses on Plato's Timaeus. Friendship in its "most elementary sense" is "looking at the sky" and seeing not only myself, but "myself as us." This sort of cosmic friendship is a look, a "unitive force, a capacity for seeing the bonds and holding together the elements that form every living organism." The second chapter takes up the analogy of the soul and the city in the Republic. I am a friend to myself when the parts of my soul are in harmony.In the third and longest chapter, Baracchi takes up friendship between equals as discussed in the Nicomachean Ethics. The thematic focus is now friendship between persons, and we read that friendship is a "privileged place in which to be," that it "corroborates, strengthens, amplifies, and emphasizes" the friends, that it is the "condition and context for the utmost explication of human dynamis." Friends resemble each other like poetic images "that illuminate and elucidate one another." The third chapter also takes a swipe at "us moderns," whose notions of liberty undermine our ability to appreciate friendship. We moderns "struggle to contemplate seriousness, fidelity, and the depth they entail, without cynicism." The critique is familiar, and trades, at times, on what seems to be a conflation of Hobbes with the entirety of early modern philosophical anthropology. [End Page 535]Chapters 4 through 6 return to Plato, first with a reflection on the Apology and Symposium, and then with a discussion of Aristotle's friendship with Plato. The fifth chapter takes up the tension between the pursuit of truth and the love of one's friends, as that dilemma manifests in the life of a philosopher. Baracchi convincingly argues that Aristotle should be read as honoring the deeper teachings of Plato, and Socrates before him, that one should care about not who holds a belief but only whether the belief is true. Thus did Aristotle resolve the dilemma between truth and friendship. His pursuit of the truth, even when it caused disagreement with Plato, was an act of friendship.Chapter 6 focuses on the origin of the polis as described in the Republic. Baracchi shows how Socrates tries in the Republic to widen the circle of those who count as one's friends, from select others within the polis, to everyone within the polis, to the entire Greek world, as well as to push back against those who argue that enmity is the necessary foundation of the polis. The last three chapters of the book return to Aristotle's views about friendship: first, about the relationship between friendship and justice, second, about friendships between unequals, and lastly, about the embodied aspects of friendship, its sweetness, and pleasure.There are limits, however, to how helpful the work might be to philosophers interested in friendship. The language is often too abstract, as in the recommendation, "to learn to think human community in its entirety, without this entailing the elimination of differences, and without reducing the differences to identity-related and localistic velleities." Or in the claim that the difference between complete and derivative friendship is the former's ability to "to grasp the broader reasons in the finite, and thus to place the contingent in an otherwise articulated context." Too often there are exaggerations that obscure whatever point is... (shrink)

I argue that Mill's view of individuality also plays an important role in promoting social pluralism and respect for difference. Firstly, I argue that in Mill's theory individuality is not merely an individual good but also a social good. Secondly, I argue that by expressing his appreciation of diversity, Mill's liberalism goes beyond tolerating difference and pluralism. His position is that pluralism should be appreciated rather than merely tolerated. Mill's appreciation of difference resonates with Iris Marion Young's ideal of the (...) unoppressive city. However the structure of Mill's theory does place limits on the exercise of individual liberty. These limits are set down by the Liberty Principle in the essay On Liberty. I look at some cases. First, I examine the tensions between individuality and autonomy as they bump up against the needs of human connection. Second, I look at moral progress, for example the recognition of same‐sex marriage. (shrink)