Among the important functions of the healthcare provider in providing quality care is the monitoring of the social environment of the patient. Although it is increasingly recognized that caring activity must include the whole patient and not merely the technical and pharmacological aspects of the patient's needs, the impact of the social environment upon the total health state has not been explored and debated to the extent that It might be.

Principles of Biomedical Ethics. Tom L. Beauchamp and James F. Childress.

In this essay, I describe Bob Veatch’s career from the perspective of a colleague and friend. Bob and I started our professional careers at the same time and quickly came into professional contact. With Bob’s move from the Hastings Center to the Kennedy Institute, we became colleagues and worked for almost a decade on our book on death and dying. He was an outstanding co-editor and author. I believe he knew more about the philosophically connected issues in this area (...) of bioethics than anyone publishing in the area, and it was an area of intellectual interest that he pursued throughout his career. Beyond bioethics, Bob and I shared our shared love of contemporary bluegrass music, especially the songs of The Seldom Scene. Bob studied them much as he studied bioethics—with deep knowledge and seriousness. He was just a scholar by nature and with excellent training and experience. If we were to create a Hall of Fame for bioethics, Bob might be the first person elected. (shrink)

In the shadowy world between philosophy of science and ethics lie the paired concepts of underdetermination and incommensurability. Typically, scientific evidence underdetermines the hypotheses tested in research studies, providing neither proof nor disproof. As a result, scientists must judge the weight of the evidence, and in doing so, bring scientific and extrascientific values to bear in their approaches to assessing and interpreting the evidence. When different scientists employ very different values, their views are said to be incommensurable. Less prominent differences (...) represent partial incommensurabilities. The definitions and analyses provided by McMullin and by Veatch and Stempsey lay the foundation for the description of partial incommensurabilities in the current practice of assessing and interpreting epidemiologic evidence. This practice is called "causal inference" and is undertaken for the purpose of making causal conclusions and public health recommendations from population-based studies of exposures and diseases. Following the work of Bayley and Longino, several suggestions are examined for dealing with the partial incommensurabilities found in the general practice of causal inference in contemporary epidemiology. Two specific examples illustrate these ideas: studies on the relationship between induced abortion and breast cancer and those on the relationship between moderate alcohol consumption and breast cancer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THOMISTIC METAETIDCS AND A PRESENT CONTROVERSY XOOD STARTING point for understanding the recent controversy regarding the Grisez-Finnis interpretaition oi St. Thomas Aquinas's ethical theory is Finnis's claim that "by a 'Simple act of non-inferential understanding one grasps that the objeot of the [natural] inclination which one experiences is an instance of a general form of good, for oneself (and others like one)." 1 For here Finnis is denying an (...) inferential process by which one moves from a theoretical understanding (" understanding this nature from the outside, as it were" 2) of what inclinations humans,as humans have to the conclusion that the object oi the particular inclination in question is ·a human good. Instead, he is asserting that it is in a practical context that one understands an object of an inclination to be a human good, and thus generates, via the practical reason, ·a practical, prescriptive principle. An example of such a principle is " Knowledge is something good to have " which, for Finnis, is the same logically as " Knowledge is a good to be pursued " 3 which, in turn, is equivalent to "Knowledge ought to be pursued ",4 which is a prescriptive ("normative") rather than descriptive (factual) utterance.5 1Natural Law and Natural Rights (Oxford: Clarendon Press, 1980; hereafter NLNR), p. 34. Cf. Fundamentals of Ethics (Washington, D.C.: Georgetown University Press, 1983; hereafter FE), pp. 20-22. 2NLNR p. 34. s Ibid., p. 63. 4lbid., p. 42, note 56; "The Basic Principles of Natural Law: A Reply to Ralph Mclnerny," John Finnis and Germain Grisez, American Journal of Jurisprudence 26 (1981), pp. 21-31 (hereafter Reply to Mcinerny), pp. 23-24. See also Germain Grisez's well-known article "The First Principle of Practical Reason: A Commentary on the Summa theologiae, 1-2, Question 94, Article 2," Natural Law Forum 10 (1965), pp. 168-201 (hereafter FPPR), p. 194. 5 See, e.g., NLNR, pp. 44-45; Reply to Mcinerny, p. 23. Grisez and Finnis attempt to distinguish imperatives and prescriptions, which I argue against in 40 THOMISTIC METAETHICS AND A PRESENT CONTROVERSY 41 Finnis and Grisez, then, argue that practical principles, which encompass value-judgments about human goods, are arrived at through the practical reason and thus are prescriptive ("normative ") utterances, as opposed to descriptive or theoretical truths "of metaphysical anthropology ".6 Hence these principles cannot be derived from metaphysical claims.7 To argue for such,a derivation would he to hold that prescriptivity or normativity can emerge from pure descriptivity. Such a derivation, of course, would not account for the appearance of the prescriptive or action-guiding element. An alternative position, to be returned to below, is that value-judgments about human goods are descriptive in themselves. At the same time, owing to the natural inclination to do what we understand to be morally or humanly good, human beings could prescribe to themselves the pursuit of such human goods, once they are understood to be human goods. It should be noted that for Grisez and Finnis the basic practical principles are not moral but pre-moraL8 Still, Grisez and Finnis consider that they direct to ends completive of human nature. Hence, although these authors reserve the characterization of "' moraily right choices " to those that are not simply harmonious with one or another basic human good but rather to those that also do not run counter to any other human good,9 my paper "Is-Ought: Prescribing and a P1·esent Controversy," The Thomist 49, l (January, 1985), pp. 1-23 (hereafter Schultz), esp. pp. 10-Hl. s Reply to Mcinerny, pp. 23-24. 7 Ibid.; see note 13 below. In the paper mentioned in note 5 above I point out that Finnis seems to allow for the possibility of arriving at value-judgments through theoretical reasoning, since he says "I assert that judgments [about man's natural goods, about what man should be] are primarily (though perhaps not exclitsively) judgments of practical reason...." ("Natural Law and 'Is'-'Ought' Question: An Invitation to Professor Veatch," Catholic Lawyer 26, 4, 1981, p. 272, my emphasis. This article is subsequently referred to as Response to Veatch.) But he doesn't explain this, and in Reply to... (shrink)

Book reviewed in this article: A Theory of Medical Ethics. By Robert M. Veatch.

This relatively short but dense volume, which has been hailed as a "veritable God-send" by no less of an authority than Henry B. Veatch, has the merit of being the first book-length study of the controversial version of the natural law theory propounded in recent years by Germain Grisez and the Oxford legal theorist John Finnis. The task, an arduous one in view of the abundance and the frequent opacity of the materials at hand, was further complicated by the (...) fact that Grisez and Finnis do not see eye to eye on all particulars, as well as by the fact that their theory has undergone a number of tacit revisions of which the reader is simply presumed to be aware. Sad to say, the author could not count on much help from Grisez and Finnis themselves, who do not take kindly to criticism and rarely respond to it, save perhaps by way of another tacit reformulation of their positions. Such features lend to their voluminous and still growing corpus an oracular quality that automatically places it beyond the ken of any mortal who has not reached the top of the sacred mountain. Conflicting interpretations of that corpus are bound to proliferate as time goes on. If successful, the new theory could spawn a scholasticism the like of which has not been seen since the late Middle Ages. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:126 HISTORY OF PHILOSOPHY be used in a thousand different ways; it has been a misty halo which could be summoned to surround all revolution and every reaction. To the extent that the limitation upon man's right to consent to either tyranny or chaos was ignored or rejected in particular circumstances, it became associated with the dream of all the discontented and unfortunate. It has been a symbol which (...) might be invoked by all who have sought power with the support of the people. Popular sovereignty almost, but never quite, became the principle that work-a-day political justice is merely what the people want. The transition from historic popular sovereignty to Western democracy was a product of an age of confusion which began in the sixteenth century. On the one hand, there were specific things which it was considered that the power of the people should do, and therewith emerged the whole problem of what practical techniques the people might use. On the other hand, the basic divisions in modern theory of the function of public opinion appeared as the problem's philosophical counterpart (p. 12). Prof. Wilson traces the growing recognition and respect for "opinion" in politics from Plato, who had a low opinion of it, through the Medieval controversies to Marsilius of Padua, who, on Aristotelian premises formulated the "modern" principle that "the whole body of the citizens, or the weightier multitude thereof, which must be taken for the same thing, can better discern what must be elected and what rejected than any part of it taken separately" (p. 28). From this doctrine to the theory of popular sovereignty the way is fairly evident. But the story from the faith in popular sovereignty to a genuine theory of the legitimate and useful functions of public opinion and to a conception of institutionalized public opinion, which is central to modern democratic theories, is an intricate development. This story the author tells with great skill and with many references to the important literature. HERBERT W. SCHNEIDER Claremont, CaliJornia Rational Man: A Modern Interpretation of Aristotelian Ethics. By Henry Babcock Veatch. (Bloomington: Indiana University Press, 1962. Pp. 226. ~5.00.) Professor Veatch's book is an engaging one in its plea that philosophers be allowed to write (and that some should write) in "normative ethics" and not just in "recta-ethics." It is only less engaging in its exposition and advocacy of a Socratic-Aristotelian doctrine that the good life for man is an "examined life" and is a striving for the natural end of man as a rational animal. It is least engaging (and least accurate) in its counterattack, probably uncalled for in the thesis, on Moore's attack on the "naturalistic fallacy," which Mr. Veatch holds responsible, whatever may have been Moore's intention, for all the noncognitivists--emotivistor existentialist or popular. Moore's criticism of the naturalistic fallacy, right or wrong, has had the tribute of an extraordinary number of interpretations and criticisms in turn. Mr. Veatch's will not, I think, add to our understanding of the matter. Aristotle's opening "The good is that at which all things aim" is notoriously equivocal. Does it tell us what things aim at or what the good is? Mr. Veatch takes it as defining good but as needing, and having, the specification that the good is what a thing aims at "by nature," properly. I do not think this is Aristotle's basic doctrine. His very equivocality and circularity is perhaps his final sagacity in a subject not meant for scientific precision and he might better be taken on his word in the Rhetoric: The good is what would be chosen by the ablest man, with relevant knowledge, if the man is good. Virtue has happiness as its aim and happiness is a life in accordance with virtue. BOOK REVIEWS 127 And yet, with all his caviling, Aristotle does back up Socrates's examined life and his acceptance of arete as arete of someone and for something with the application of "know thyself" to the definition of man as a rational animal and with the advice that we try (some few) to reason and (all) to be... (shrink)

The article presents and analyzes different approaches of U.S. bioethicists in comprehending the Nazi medical crimes after 1945. The account is divided into two sections: one dealing with discussions on research ethics and the Nuremberg Code up until the 1970s and the other ranging from the 1970s to the present and highlighting bioethics' engagement with Nazi analogies. The portrayal of different bioethical scholars, institutions, and documents—most notably Henry K. Beecher, Jay Katz, the Belmont Report, the Hastings Center, Arthur L. Caplan, (...) and Robert M. Veatch—provides a nuanced interpretation of the motives that bioethicists held and the strategies that they applied to establish an understanding of the Nazi medical crimes and their relation to contemporary bioethical issues. In this, the different approaches shared a common goal: To integrate the Nazi medical crimes into an ethical framework by means of selective acknowledgments and representation of their history. (shrink)

Insight, by F. H. Parker.--Why be uncritical about the life-world? By H. B. Veatch.--Homage to Saint Anselm, by R. Jordan.--Art and philosophy, by J. M. Anderson.--The phenomenon of world, by R. R. Ehman.--The life-world and its historical horizon, by C. O. Schrag.--The Lebenswelt as ground and as Leib in Husserl: somatology, psychology, sociology, by E. Paci.--Life-world and structures, by C. A. van Peursen.--The miser, by E. W. Straus.--Monetary value and personal value, by G. Schrader.--Individualisms, by W. L. McBride.--Sartre the (...) individualist, by W. Desan.--The nature of social man, by M. Natanson.--The problem of the will and philosophical discourse, by P. Ricoeur.--Structuralism and humanism, by M. Dufrenne.--The illusion of monolinear time, by N. Lawrence.--Can grammar be thought? By J. M. Edie.--The existentialist critique of objectivity, by S. J. Todes and H. L. Dreyfus.--Bibliography (p. 391-400). (shrink)

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Just Share: Justice and Fairness in Resource Allocation*Pat Milmoe Mccarrick (bio) and Martina Darragh (bio)Each of us has some basic sense of what the words “fair” or “just” or “fairness” or “justice” mean. Each of us probably also has an idea of what is “fair” in health care. The attempt by the state of Oregon in the mid-1980s to quantify this notion made a previously private exercise a (...) public one. This transition has been chronicled in the bioethics literature that focuses on resource allocation. These works examine both theories of justice and concepts of “health”; the fair distribution of health resources has been of continuing interest since the beginning of bioethics in the 1960s. Early writing on justice includes authors Tom L. Beauchamp, Robert H. Blank, James F. Childress, H. Tristram Engelhardt, Paul T. Menzel, Paul Ramsey, and Robert M. Veatch (VII).During the 1980s, bioethicists such as Daniel Callahan and Norman Daniels proposed thinking of health care decisions not as moments of personal crisis but as choices that span a lifetime, possibly involving tradeoffs in other areas of one’s life, e.g., education. The Oregon experience added another dimension to the discussion. The initial rank-ordering of health services by cost produced a skewed list—for example, surgery for life-threatening conditions ranked below minor, elective procedures. For the project to make sense, the ranking algorithm could not be based on cost alone, but rather on a combination of costs and benefits both to individuals and to the community—“concatenations of individual and group goods” (I, Jecker and Jonsen 1995). Various metaphors have been used in the literature to facilitate discussion of this shift from individual to individual/community trade-offs: medical services as a “commons” (I, Asch 1995, Jecker and Jonsen 1995, Michels 1994); resource allocation as a “lifeboat” (I, Campbell 1995; III, Kaveny 1994); medical care as “shares” in a community health (III, Nelson 1992, Ford and Kissick 1995; II, Anderson 1993); and rationing as traveling through the desert with one jug of water for two people (a story from the Halachah literature) (I, Zoloth-Dorfman 1995). [End Page 81]Such metaphors do not promote any one “theory of justice” but rather draw from the work of a number of bioethicists as well as from theological, sociological, economic, and business literature. The five major conceptions of justice that are referenced most frequently are: “(1) a libertarian conception, which takes liberty to be the ultimate political ideal; (2) a socialist conception, which takes equality to be the ultimate political ideal; (3) a welfare liberal conception, which takes contractual fairness or maximal utility to be the ultimate political ideal; (4) a communitarian conception, which takes the common good to be the ultimate political ideal; and (5) a feminist conception, which takes a gender-free society to be the ultimate political ideal” (I, Sterba 1995).The use of new metaphors also draws on expanded concepts of “health.” “As health care is currently practiced, the most powerful symbols for public and professional alike are those that promise the defeat of time” (I, Campbell 1995). When medical care is perceived as an unrelated series of individual cures, the fact that health care resources are finite cannot be addressed.Reflections concerning the difficulties in limiting the use of health care resources have an ancient lineage and reveal a tight bond with the obsession to postpone death at all costs. Plato in Book 3 of the Republic recognizes the quandary of infinite expectations and finite resources that characterizes the challenge of health care choices. (I, Engelhardt 1996)The proliferation of expensive medical technologies and the loss of autonomy by health care professionals further complicates perceptions of the crucial issues at hand. Some have said that Americans place too much emphasis on individualism to address these issues. Daniels et al. believe that this is too pessimistic a view and that the American commitment to protecting equal opportunity for all provides a firm basis for developing a public consensus on what is fair in health care (III, Daniels, Light, and Caplan 1996). Finally, several authors suggest that the nature of all four principles of medical ethics, not justice alone, must be... (shrink)

Book reviewed in this article: The Philosophical Assessment of Theology: Essays in Honour of Frederick C. Copleston. Edited by Gerard J. Hughes. Language, Meaning and God: Essays in Honour of Herbert McCabe OP. Edited by Brian Davies. God Matters. By Herbert McCabe. Philosophies of History: A Critical Essay. By Rolf Gruner. The ‘Phaedo’: A Platonic Labyrinth. By Ronna Burger. Lessing's ‘Ugly Ditch’: A Study of Theology and History. By Gordon E. Michalson, Jr. Peirce. By Christopher Hookway. Frege: Tradition and Influence. (...) Edited by Crispin Wright. The Private World. Selections from the Diario Íntimo and Selected Letters 1890–1936. By Miguel de Unamuno, translated by Anthony Kerrigan, Allen Lacy, Martin Nozick. A Third Collection: Papers by Bernard J.F. Lonergan, S.J. Edited by Frederick E. Crowe. Philosophical Papers. By Charles Taylor. 2 vols. Principles of Language and the Mind. By T.P. Waldron. The Principle of Double Effect: A Critical Appraisal of its Traditional Understanding and its Modern Reinterpretation. By L.I. Ugorji. Human Rights: Fact or Fancy By Henry B. Veatch. Enlightenment and Alienation: An Essay towards a Trinitarian Theology. By Colin Gunton. Only Human. By Don Cupitt. The Roots of the Modern Christian Tradition. Edited by E. Rpzanne Elder. ‘Africanische Theologie’: Darstellung und Dialog.. By Heribert Rücker. African Religions in Western Conceptual Schemes. By Emefie Ikenga Metuh. The Destiny of Man: Dagaare Beliefs in Dialogue with Christian Eschatology. By Edward Kuukure. The World in Between: Christian Healing and the Struggle for Spiritual Survival. By E. Milingo. Theology in Africa. By Kwesi A. Dickson. The Future of Anglican Theology. Edited by M. Darrol Bryant. Reconciling. By John Coventry. The Genesis of Faith: The Depth Theology of Abraham Joshua Heschel. By John C. Merkle. Anthropology in Theological Perspective. By Wolfhart Pannenberg. Contemporary Approaches to the Study of Religion. Volume II: The Social Sciences. Edited by Frank Whaling. American Sociology: Worldly Rejections of Religion and Their Directions. By Arthur J. Vidich and Stanford M. Lyman. A Critical Theory of Religion: The Frankfurt School. By Rudolf J. Siebert. The Anthropology of Evil. Edited by David Parkin. The Wealth of Christians. By Redmond Mullin. Biblical Interpretation in Ancient Israel. By Michael Fishbane. Reading the Old Testament: An Introduction. By Lawrence Boadt. Old Testament Theology: Its History and Development. By John H. Hayes and Frederick C. Prussner. God's Conflict with the Dragon and the Sea: Echoes of a Canaanite Myth in the Old Testament. By John Day. Law and Wisdom from Ben Sira to Paul. By Eckhard J. Schnabel. The Order of the Synoptics: Why Three Synoptic Gospels? By Bernard Orchard and Harold Riley. The Making of Mark. By J. Duncan M. Derrett. Argumentation bei Paulus. By Folker Siegert. Christians and the Military: The Early Experience. Edited by Robert J. Daly. Origienes' Eucharistielehre im Streit der Konfessionen; Die Auslegungsgeschichte seit der Reformation. By Lothar Lies. L'église de Cappadoce au IVe siècle d'après la correspondance de Basile de Césarée. By Benpit Gain Cave Monasteries of Byzantine Cappadocia. By Lyn Rodley. Augustine of Hippo, Selected Writings. Translated with an Introduction by Mary T. Clark. Wisdom from St Augustine. By Vernon J. Bourke. A History of Religious Ideas, Vol. 3: From Muhammad to the Age of Reforms. By Mircea Eliade. Les Lectionnaires Copies Annuels: Basse‐Egypte. By Ugo Zanetti. Humanism and Scholasticism in Late Medieval Germany. By James H. Overfield. Wyclif. By Anthony Kenny. The Lady and the Virgin: Image, Attitude and Experience in Twelfth Century France. By Penny Shine Gold. Unquiet Souls: Fourteenth‐Century Saints and Their Religious Milieu. By Richard Kieckhefer. Luther: Theologian for Catholics and Protestants. Edited by George Yule. La Réforme Catholique: Le Combat de Maldonat. By Paul Schmitt. Roman Catholicism in England: From the Elizabethan Settlement to the Second Vatican Council. By Edward Norman. The Life of David Brainerd. Edited by Norman Pettit. Nineteenth Century Religious Thought in the West. Edited by Ninian Smart, John Clayton, Patrick Sherry and Steven T. Katz The Significance of Jesus Christ in Asia. By Hans Staffner. Is the Virgin Mary Appearing at Medjugorje? By René Laurentin and Ljudevit Rupčić. Mary Queen of Peace: Is the Mother of God Appearing in Medjugorje? By Lucy Rooney and Robert Fancy. (shrink)

This volume has four parts; in Part I, dealing with the philosophical tradition, Francis M. Parker examines various senses of insight and discusses its goodness as an activity. Henry B. Veatch questions Wild's acceptance of the life-world and asks for a critical, explicitly transcendental justification of it. Robert Jordan reviews Anselm's ontological argument and its place in other proofs for God's existence, and in religious experience. John M. Anderson examines "Art and Philosophy" with the help of Plato and Hegel. (...) Part II examines the life-world; Robert R. Ehman writes on the phenomenon of world, and Calvin O. Schrag situates Husserl's notion of life-world within the tradition of Hegel, Dilthey and Heidegger as a theme in the problem of history. Enzo Paci has an essay relating the life-world to the Husserlian analysis of the body as a locus of mobility, life, sensation, and, ultimately thought. C. A. van Peursen's contribution examines the nature of structure in the life-world. Part III deals with the individual and society and includes a picturesque, sensitive and profound essay by Erwin Straus on "The Miser." George Schrader writes on "Monetary Value and Personal Value," W. L. McBride on "Individualisms," and Wilfrid Desan on "Sartre the Individualist." Part IV, "Subjectivity and Objectivity," includes Paul Ric£ur distinguishing three types of philosophical discourse about the will, and claiming that a hermeneutic of symbols must supplement both discourse which is phenomenological and that which proposes meaningful action. Mikel Dufrenne writes on "Structuralism and Humanism," Nathaniel Lawrence on "The Illusion of Monolinear Time," and Samuel J. Todes and Hubert L. Dreyfus on "The Existentialist Critique of Objectivity." James Edie has an important essay on Husserl's notion of "the grammatical" and the a priori in grammar; he relates it to Chomsky's theory of grammatical structures. The volume ends with a bibliography of Wild's works, reviews of them, and essays devoted to his thought.--R. S. (shrink)

This collection of articles pays homage to the creativity and scientific rigor Jerome Singer has brought to the study of consciousness and play. It will interest personality, social, clinical and developmental psychologists alike.

Entrer dans la pensée de François Jullien -- L'ailleurs chinois -- Tribulations d'un jeune philosophe en Chine -- La langue-pensée chinoise -- Une stratégie philosophique -- Dissidence -- De la cohérence au concept -- D'un dérangement l'autre -- Vivre en existant -- Une philosophie du vivre -- La ressource de l'intime -- De la dé-coïncidence -- L'inouï -- Une pensée du politique -- Un chantier politique -- Du dialogue des cultures -- L'Europe en panne d'idéal -- L'identité culturelle en question.

Comment témoigner d’une espérance religieuse dans le droit contemporain ? Par l’obéissance et l’humilité de l’inculturation, ou par l’objection et la résistance propre au signe de contradiction ? Si les périodes barbares du XXe siècle ont relancé l’analyse théologique de la tension entre ces deux voies, qu’en est-il aujourd’hui des contextes apparemment pacifiés de nos droits démocratiques ? Si le moment juridique y colonise progressivement la société, c’est au nom de sa nature de « droit commun » qu’il estime acquérir (...) de sa prétention croissante à la « neutralité ». À cet égard, la prise de parole religieuse dans l’espace public est aujourd’hui vivement débattue. Il serait cependant erroné de n’y viser que le seul moment de l’élaboration formelle de la loi. Cette prise de parole peut aussi viser les modalités d’application et de mise en contexte du droit. Cet article entend montrer l’importance de ce nouveau moment pour une prise de parole religieuse, entendue comme une troisième voie : celle de l’attestation évangélique au cœur de la pratique du droit. (shrink)

This is a new release of the original 1924 edition.