Carl J. Friedrich (1901?1984) defined constitutionalism as something more than can be expressed by the dominant behavioralist paradigm of modern political science and the typical academic focus on law and courts. A leading but now neglected post-WWII authority on constitutionalism, Friedrich argued that it should be understood as an institutionally-based, interactive system for deliberating the meaning and legal application of the norms of a political community. His approach shares much with the contemporary ?historical institutionalist? call to situate law and courts (...) within a broader, more normative, and more interactive conception of constitutionalism. Accordingly, a reconsideration of Friedrich's work may help current efforts to better articulate the full richness and complexity of constitutionalism as a distinctive way of ordering political life. (shrink)

Kant's ethics, like others, has unavoidable anthropocentric starting points: only humans, or other 'rational natures', can hold obligations. Seemingly this should not make speciesist conclusions unavoidable: might not rational natures have obligations to the non-rational? However, Kant's argument for the unconditional value of rational natures cannot readily be extended to show that all non-human animals have unconditional value, or rights. Nevertheless Kant's speciesism is not thoroughgoing. He does not view non-rational animals as mere items for use. He allows for indirect (...) duties 'with regard to' them which afford welfare but not rights, and can allow for indirect duties 'with regard to' abstract and dispersed aspects of nature, such as biodiversity, species and habitats. (shrink)

Two centuries after they were published, Kant's ethical writings are as much admired and imitated as they have ever been, yet serious and long-standing accusations of internal incoherence remain unresolved. Onora O'Neill traces the alleged incoherences to attempt to assimilate Kant's ethical writings to modern conceptions of rationality, action and rights. When the temptation to assimilate is resisted, a strikingly different and more cohesive account of reason and morality emerges. Kant offers a `constructivist' vindication of reason and a moral vision (...) in which obligations are prior to rights and in which justice and virtue are linked. O'Neill begins by reconsidering Kant's conceptions of philosophical method, reason, freedom, automony and action. She then moves on to the more familiar terrain of interpretation of the Categorical Imperative, while in the last section she emphasises differences between Kant's ethics and recent 'Kantian' ethics, including the work of John Rawls and other contemporary liberal political philosophers. This reassessment will add significantly to the understanding of Kantian practical philosophy. (shrink)

Why has autonomy been a leading idea in philosophical writing on bioethics, and why has trust been marginal? In this important book, Onora O'Neill suggests that the conceptions of individual autonomy so widely relied on in bioethics are philosophically and ethically inadequate, and that they undermine rather than support relations of trust. She shows how Kant's non-individualistic view of autonomy provides a stronger basis for an approach to medicine, science and biotechnology, and does not marginalize untrustworthiness, while also explaining why (...) trustworthy individuals and institutions are often undeservingly mistrusted. Her arguments are illustrated with issues raised by practices such as the use of genetic information by the police or insurers, research using human tissues, uses of new reproductive technologies, and media practices for reporting on medicine, science and technology. Autonomy and Trust in Bioethics will appeal to a wide range of readers in ethics, bioethics and related disciplines. (shrink)

Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and virtuous lives.

In this collection of essays Onora O'Neill explores and argues for an account of justice that is fundamentally cosmopolitan rather than civic, yet takes serious account of institutions and boundaries, and of human diversity and vulnerability. Starting from conceptions that are central to any account of justice - those of reason, action, judgement, coercion, obligations and rights - she discusses whether and how culturally or politically specific concepts and views, which limit the claims and scope of justice, can be avoided. (...) She then examines the demands and scope of just institutions, arguing that there are good reasons for taking the claims of distant strangers seriously, but that doing so points not to a world without boundaries but to one of porous boundaries and dispersed power. Bounds of Justice will be of interest to a wide range of readers in philosophy, politics and international relations. (shrink)

Eileen O'Neill - Anne Conway: A Woman Philosopher - Journal of the History of Philosophy 44:1 Journal of the History of Philosophy 44.1 122-124 Sarah Hutton. Anne Conway: A Woman Philosopher. Cambridge-New York: Cambridge University Press, 2004. Pp. viii + 271. Cloth, $75.00. In 1690 a Latin translation of a philosophical treatise, originally written in English by Anne Conway , was published anonymously. The English manuscript did not survive, but in 1692 the Latin version of Conway's text was translated into (...) English as The Principles of the Most Ancient and Modern Philosophy. Conway was widely known by seventeenth-century philosophers and religious writers, including the Cambridge Platonist, Henry More; Descartes's correspondent, Princess Elisabeth of Bohemia; Robert Boyle; physician and vitalist philosopher, Francis Mercury van Helmont; as well as numerous Quaker leaders. And her Principles were read with critical approbation by such figures as Leibniz. Further, Conway's text is probably the most anthologized of the writings of seventeenth-century women philosophers. It is curious, then, to discover a dearth of critical literature on the Principles. When Peter Loptson produced the first modern edition of the Principles , he attempted to interest contemporary philosophers in Conway's essentialist metaphysics. He did a superb job of elucidating Conway's position that: there are individual essences.. (shrink)

This is the first book to give a collective treatment of philosophical issues relating to tax. Given that the tax system is central to the operation of states and to the ways in which states interact with individual citizens, more interdisciplinary attention to conceptual and normative issues relating to tax is urgently needed.

This paper, as a response to Mark K. Spencer’s, “Perceiving the Image of God in the Whole Human Person” in the present volume, argues in defence of Aquinas’s position that the Imago Dei is limited in the human being to the rational, intellective soul alone. While the author agrees with Spencer that the hierarchical relation between body and soul in the human composite must be maintained while avoiding the various permeations of dualism, nevertheless, the Imago Dei cannot be located in (...) the human body or the principle of the body considered within the body/soul composite without betraying a number of fundamental Thomistic metaphysical principles. Essential to these includes Aquinas’s position that an image of God should image not only the Divine Nature, but also the Trinitarian relations between the Divine Persons. Further, the paper also argues that a phenomenology of sense experience could not, on principle, attain to an image of God in the whole human person within a Thomistic framework generally. (shrink)

Trust is valuable when placed in trustworthy agents and activities, but damaging or costly when placed in untrustworthy agents and activities. So it is puzzling that much contemporary work on trust – such as that based on polling evidence – studies generic attitudes of trust in types of agent, institution or activity in complete abstraction from any account of trustworthiness. Information about others’ generic attitudes of trust or mistrust that take no account of evidence whether those attitudes are well or (...) ill placed can offer little or no help for those who aim to place or refuse trust well. Information about attitudes is evidently useful to those who aim to influence those who hold them, which explains why polls about attitudes are popular with political parties, advertisers and other campaigning organisations. But where we aim not to influence others, but to place and refuse trust intelligently we must link trust to trustworthiness, and must focus on evidence of honesty, competence and r... (shrink)

Knowledge aims to fit the world, and action to change it. In this collection of essays, Onora O'Neill explores the relationship between these concepts and shows that principles are not enough for ethical thought or action: we also need to understand how practical judgement identifies ways of enacting them and of changing the way things are. Both ethical and technical judgement are supported, she contends, by bringing to bear multiple considerations, ranging from ethical principles to real-world constraints, and while we (...) will never find practical algorithms - let alone ethical algorithms - that resolve moral and political issues, good practical judgement can bring abstract principles to bear in situations that call for action. Her essays thus challenge claims that all inquiry must use either the empirical methods of scientific inquiry or the interpretive methods of the humanities. They will appeal to a range of readers in moral and political philosophy. (shrink)

'Two things', wrote Kant, 'fill the mind with ever new and increasing admiration and awe: the starry heavens above and the moral law within'. Many would argue that since Kant's day, the study of the starry heavens has advanced while ethics has stagnated, and in particular that Kant's ethics offers an empty formalism that tells us nothing about how we should live. In Acting on Principle Onora O'Neill shows that Kantian ethics has practical as well as philosophical importance. First published (...) in 1975, the book is regarded as a classic account and defence of the Kantian ethical position. It addresses Kant's account of reasoning about action, in particular his controversial claim that the Categorical Imperative guides action and is basic to ethics and justice. This second edition offers a substantial new introduction and updated bibliography, and will be valuable for a wide readership in Kant studies and those studying ethics. (shrink)

We say we can no longer trust our public services, institutions or the people who run them. The professionals we have to rely on - politicians, doctors, scientists, businessmen and many others - are treated with suspicion. Their word is doubted, their motives questioned. Whether real or perceived, this crisis of trust has a debilitating impact on society and democracy. Can trust be restored by making people and institutions more accountable? Or do complex systems of accountability and control themselves damage (...) trust? Onora O'Neill challenges current approaches, investigates sources of deception in our society and re-examines questions of press freedom. 2002's Reith Lectures present a philosopher's view of trust and deception, and ask whether and how trust can be restored in a modern democracy. (shrink)

To hold an environmental ethic is to hold that non-human beings and states of affairs in the natural world have intrinsic value. This seemingly straightforward claim has been the focus of much recent philosophical discussion of environmental issues. Its clarity is, however, illusory. The term ‘intrinsic value’ has a variety of senses and many arguments on environmental ethics suffer from a conflation of these different senses: specimen hunters for the fallacy of equivocation will find rich pickings in the area. This (...) paper is largely the work of the underlabourer. I distinguish different senses of the concept of intrinsic value, and, relatedly, of the claim that non-human beings in the natural world have intrinsic value; I exhibit the logical relations between these claims and examine the distinct motivations for holding them. The paper is not however merely an exercise in conceptual underlabouring. It also defends one substantive thesis: that while it is the case that natural entities have intrinsic value in the strongest sense of the term, i.e., in the sense of value that exists independently of human valuations, such value does not as such entail any obligations on the part of human beings. The defender of nature’s intrinsic value still needs to show that such value contributes to the well-being of human agents. (shrink)

Legalisation of assisted suicide presents a dilemma for society. This arises because of a lack of consensus regarding the precedence to be accorded freedom of choice versus the inviolability of human life. A combination of factors has served to throw this dilemma into sharper focus in recent times. These include population aging,1,2 increased openness regarding end-of-life care,3 development of patients' rights, and increasing secularisation and multiculturalism in society. Against this backdrop and within a context where several countries have addressed legislation (...) of …. (shrink)

This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others (...) with whom we disagree. She argues that this constructivist view of reasoning is the clue to Kant's claims about knowledge, ethics and politics, as well as to his distinctive accounts of autonomy, the social contract, cosmopolitan justice and scriptural interpretation. Her essays are a distinctive and illuminating commentary on Kant's fundamental philosophical strategy and its implications, and will be a vital resource for scholars of Kant, ethics and philosophy of law. (shrink)

Revealing flaws in both 'green' and market-based approaches to environmental policy, O'Neill develops an Aristotolian account of well-being. He examines the implications for wider issues involving markets, civil society an.

In this collection of essays Onora O'Neill explores and argues for an account of justice that is fundamentally cosmopolitan rather than civic, yet takes serious account of institutions and boundaries, and of human diversity and vulnerability. Starting from conceptions that are central to any account of justice - those of reason, action, judgement, coercion, obligations and rights - she discusses whether and how culturally or politically specific concepts and views, which limit the claims and scope of justice, can be avoided. (...) She then examines the demands and scope of just institutions, arguing that there are good reasons for taking the claims of distant strangers seriously, but that doing so points not to a world without boundaries but to one of porous boundaries and dispersed power. Bounds of Justice will be of interest to a wide range of readers in philosophy, politics and international relations. (shrink)

Many accounts of informed consent in medical ethics claim that it is valuable because it supports individual autonomy. Unfortunately there are many distinct conceptions of individual autonomy, and their ethical importance varies. A better reason for taking informed consent seriously is that it provides assurance that patients and others are neither deceived nor coerced. Present debates about the relative importance of generic and specific consent do not address this issue squarely. Consent is a propositional attitude, so intransitive: complete, wholly specific (...) consent is an illusion. Since the point of consent procedures is to limit deception and coercion, they should be designed to give patients and others control over the amount of information they receive and opportunity to rescind consent already given. (shrink)

Accounts of international or global justice often focus primarily on the rights or goods to be enjoyed by all human beings, rather than on the obligations that will realise and secure those rights and goods, or on the agents and agencies for whose action obligations of justice are to be prescriptive. In the background of these approaches to international or global justice there are often implicit assumptions that the primary agents of justice are states, and that all other agents and (...) agencies are secondary agents of justice, whose main contribution to justice will be achieved by conforming to the just requirements of states. This background picture runs into difficulties when states are either unjust or weak. The problems posed by unjust states have been widely noted, but the distinctive problems weak states create are less commonly discussed. In this paper I shall consider some reasons for and against viewing states as primary agents of justice, and will focus in particular on the importance of recognising the contribution to justice that other agents and agencies can make when states are weak. (shrink)

Who ought to do what, and for whom, if global justice is to progress? In this collection of essays on justice beyond borders, Onora O'Neill criticises theoretical approaches that concentrate on rights, yet ignore both the obligations that must be met to realise those rights, and the capacities needed by those who shoulder these obligations. She notes that states are profoundly anti-cosmopolitan institutions, and that even those committed to justice and universal rights often lack the competence and the will to (...) secure them, let alone to secure them beyond their borders. She argues for a wider conception of global justice, in which obligations may be held either by states or by competent non-state actors, and in which borders themselves must meet standards of justice. This rich and wide-ranging collection will appeal to a broad array of academic researchers and advanced students of political philosophy, political theory, international relations and philosophy of law. (shrink)

This article provides an overview of recent, empirically supported categorization schemes that have been proposed to distinguish different kinds of norms. Amongst these are the moral–conventional distinction and divisions within moral norms such as those proposed by moral foundations theory. I identify several dimensions along which norms have been and could usefully be categorized. I discuss some of the most prominent norm categorization proposals and the aims of these existing categorization schemes. I propose that we take a pluralistic approach toward (...) categorizing norms: Depending on our goals, it may be useful to focus on different features of norms, and as a result, it will be useful to categorize norms in multiple ways. (shrink)

ABSTRACT In a recent paper Alan Carter argues that the claim that workers’co‐operatives merely replace exploitation by employers with ‘self‐exploitation’is nonsense: the term ‘self‐exploitation’is self‐contradictory. He maintains that the only form of exploitation to which a workers’co‐operative may be said to be subject is ‘market‐exploitation’by dominant economic actors who are external to the co‐operative. I argue that these conclusions are mistaken. While the concept of ‘market‐exploitation’is not without value, it is difficult to operationalise. While the concept of ‘self‐exploitation’is, understood literally, (...) incoherent, the claims defended by some of the users of this term can be made conceptually respectable. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

This collection of essays on communicative theory and praxis from the eminent Merleau-Ponty scholar and translator John O'Neill explores the thesis that the human body is the exemplary ground of all other communicative processes.

Onora O'Neill; I *—The Presidential Address: Constructivisms in Ethics, Proceedings of the Aristotelian Society, Volume 89, Issue 1, 1 June 1989, Pages 1–18, ht.

For the Enlightenment, science represented an ideal of rational argument, behaviour and community against which could be judged the arbitrary power and authority of other spheres of human practice. This Enlightenment ideal runs through much liberal and socialist theory. However, the Enlightenment picture of science has appeared to many to be increasingly uncompelling. What explains the apparent decline of the Enlightenment vision? This book explores one neglected answer originally proposed by Husserl, that its decline is rooted in formalism, in the (...) view that all there is to theoretical science is the construction and mastery of formal systems. O'Neill demonstrates formalist accounts of mathematics and natural science to be inadequate, and then considers and rejects Husserl's views on the origin of the formalization of the sciences. The book concludes by arguing that the rise of a formalist view of the sciences is founded in the professionalization of modern science, and discusses the significance of this professionalization for the fate of the Enlightenment view of science. Worlds Without Content: Against Formalism tackles an important set of issues which have been neglected in recent philosophy of science, and in so doing highlights themes in Husserl's later works which have been ignored by most commentators. It will be of particular interest for philosophers of mathematics, science and social theory, and for historians of mathematics and philosophy. (shrink)

Over the course of the past twenty-five years, feminist theory has had a forceful impact upon the history of Western philosophy. The present collection of essays has as its primary aim to evaluate past women’s published philosophical work, and to introduce readers to newly recovered female figures; the collection will also make contributions to the history of the philosophy of gender, and to the history of feminist social and political philosophy, insofar as the collection will discuss women’s views on these (...) issues. The volume contains contributions by an international group of leading historians of philosophy and political thought, whose scholarship represents some of the very best work being done in North and Central America, Canada, Europe and Australia. (shrink)

ObjectivePatient involvement is used to describe the inclusion of patients as active participants in healthcare decision-making and research. This study aimed to investigate incoming year 1 medical (MBChB) students’ attitudes and opinions regarding patient involvement in this context.MethodsWe established a staff–student partnership to formulate the design of an online research survey, which included Likert scale questions and three short vignette scenarios designed to probe student attitudes towards patient involvement linked to existing legal precedent. Incoming year 1 medical students (n=333) were (...) invited to participate in the survey before formal teaching commenced.ResultsSurvey data (49 participants) indicate that students were broadly familiar with, and supportive of, patient involvement in medical treatment. There was least support for patient involvement in conducting (23.9%), contributing to (37.0%) or communicating research (32.6%), whereas there was unanimous support for patients choosing treatment from a selection of options (100%).ConclusionIncoming members of the medical profession demonstrate awareness of the need to actively involve patients in healthcare decision-making but are unfamiliar with the utility and value of such involvement in research. Further empirical studies are required to examine attitudes to patient involvement in healthcare. (shrink)

A second edition of O'Neill's important account and defence of the Kantian ethical position, featuring a new introduction and bibliography.

Maclntyre's refurbishing of Aristotelian ethics aims to restore both intelligibility and rationality to moral discourse. In After Virtue he concentrates on showing how intelligible action requires that lives be led within institutional and cultural traditions. But he does not offer a developed account of practical reason which could provide grounds for seeking some rather than other intelligible continuations of lives and traditions. Despite Maclntyre's criticisms of Kant's ethics, a Kantian account of practical reasoning may complement his account of intelligibility. An (...) appropriate interpretation of Kantian ethics is outlined, which escapes Maclntyre's criticisms, allows both for the universal character of basic moral principles and for the historical variability of intelligible action, and which makes moral worth or virtue the centre of the moral life. The refurbishing of Aristotelian ethics may be achieved by a Kantian completion. (shrink)

Assesses critically the work of Rawls, Walzer, and Habermas and presents a theory of justice that responds to two senses of pluralism.