This paper develops a largely neglected parallel between prudence and population ethics. Prudence is generally understood to be concerned with the balancing of well-being over time. How, precisely, well-being ought to be balanced over time, however, is a fervently debated question. I argue that developing a standard guiding such evaluations is exceedingly challenging. This is due to an often overlooked fact about prudence, namely that it shares a structural similarity with population ethics: In both contexts, we assess the comparative value (...) of populations of personstages/people, which may vary in number and level of well-being. Based on this analogy, I show that the development of an adequate theory of prudence runs into very similar impossibility results as obtain in population ethics. In particular, I prove that Arrhenius’ fifth impossibility theorem can be applied to prudence. I develop and compare four possible answers to this challenge. First, I discuss the possibility of accepting the very repugnant conclusion intrapersonally. Second, I present and further develop Donald Bruckner’s Minimax Regret approach, which gives up Transitivity. Third, I apply Jacob Nebel’s Lexical Threshold View to prudence and critically evaluate it. Lastly, I introduce what I call the Negative Lexicality View, which is based on Lexical Threshold View but overcomes some of its problems. (shrink)

In this paper we set out the context in which experiences of mental distress occur with an emphasis on the contributions of social and structural factors and then make a case for the use of intersectionality as an analytic and methodological framework for understanding these factors. We then turn to the political urgency for taking up the concept of recovery and argue for the importance of research and practice that addresses professional domination of the field, and that promotes ongoing engagement (...) and dialogue about recovery as both a personal and social experience. To this end, we describe a unique project that sought to deepen our understanding of how recovery is being thought about and applied in the current context of mental health care in Vancouver, BC, with a specific focus on how, and whether, people are taking up and addressing dimensions of power that we see as critical to the operationalization of recovery within a social justice framework. Emerging from our research and discussion is a set of critical questions about whether or not the political moment in Canada with respect to re-invigorating recovery should be embraced, versus a rejection of the concept of recovery as too limiting in its scope and too vulnerable to professional co-optation. (shrink)

Background: In the variegated legislative framework on advance directives, the first specific regulation in Italy on this issue came into force only in 2018. Research objective: This qualitative study aimed to investigate the implications of the new Italian law on advance directives in clinical practice from the perspective of those who deal with this delicate ethical issue on an everyday basis, that is, Italian healthcare professionals. Research design: A qualitative research design using semi-structured audio-recorded interviews was adopted. The data collection (...) and analysis were performed according to the Grounded Theory approach. Participants: Nineteen healthcare professionals (16 nurses, 3 physicians) working in a palliative care unit of a research and clinical institute in Italy. Ethical considerations: The study is part of the WeDistress HELL Project (WEllness and DISTRESS in HEalth care professionals dealing with end of Life and bioethicaL issues) approved by the Ethical Committee of ICS Maugeri - Institute of Pavia (Italy). Findings: The authors identified a main overall category, ‘Pros and Cons of the Italian law on advance directives’, composed of six constituent categories: Positive welcome, Self-determination and protection, Prompts for future betterment, Uncertainties, Lack of knowledge, and Neutrality and no suggestions. Discussion: The Italian law n. 219/2017 on advance directives was seen as a legal instrument possessing both strengths and weaknesses, but able to guarantee the patient’s self-determination and support healthcare professionals in providing care according to patients’ wishes. Conclusion: An understanding of the healthcare providers’ perspective may support the discussion on advance directives and bridge the gaps that currently persist in handling ethical issues. (shrink)

The continued development of General Circulation Models (GCMs) towards increasing resolution and complexity is a predominantly chosen strategy to advance climate science, resulting in channelling of research and funding to meet this aspiration. Yet many other modelling strategies have also been developed and can be used to understand past and present climates, to project future climates and ultimately to support decision-making. We argue that a plurality of climate modelling strategies and an equitable distribution of funding among them would be an (...) improvement on the current predominant strategy for informing policy making. To support our claim, we use a philosophy of science approach to compare increasing resolution and complexity of General Circulation Models with three alternate examples: the use of machine learning techniques, the physical climate storyline approach, and Earth System Models of Intermediate Complexity. We show that each of these strategies prioritises a particular set of methodological aims, among which are empirical agreement, realism, comprehensiveness, diversity of process representations, inclusion of the human dimension, reduction of computational expense, and intelligibility. Thus, each strategy may provide adequate information to support different specific kinds of research and decision questions. We conclude that, because climate decision-making consists of different kinds of questions, many modelling strategies are all potentially useful, and can be used in a complementary way. (shrink)

This conceptual contribution is based on the observation that digital inequalities literature has not sufficiently considered digital footprints as an important social differentiator. The purpose of the paper is to inspire current digital inequality frameworks to include this new dimension.,Literature on digital inequalities is combined with research on privacy, big data and algorithms. The focus on current findings from an interdisciplinary point of view allows for a synthesis of different perspectives and conceptual development of digital footprints as a new dimension (...) of digital inequality.,Digital footprints originate from active content creation, passive participation and platform-generated data. The literature review shows how different social groups may experience systematic advantages or disadvantages based on their digital footprints. A special emphasis should be on those at the margins, for example, users of low socioeconomic background.,By combining largely independent research fields, the contribution opens new avenues for studying digital inequalities, including innovative methodologies to do so. (shrink)

This paper elucidates how the thinking about opposition that we find in the surviving passages of Anaxagoras of Clazomenae and in the fragments of Heraclitus of Ephesus informs discussions of the separability of the body and the soul in the Phaedo. I offer a reconstruction of the way in which these pre-Socratic ideas of opposition are appropriated and refracted in Plato’s Phaedo (especially at 85e–86e, 92a–95a, 102c–e, 102b–107a). I treat Anaxagoras first, in order to explicate how his ideas make up (...) the background of the dialogical study of the separation of the soul from the body (102b–107a). My analysis of Heraclitus comes second and shows how his ideas inform the interlocutors’ assessment of the unity characteristic of the body and the soul (92a–95a). I set the stage for the discussion of Anaxagoras and Heraclitus by relating these thinkers to the broader Pythagorean background that is apparent in the dialogue. (shrink)

In this paper, I offer an analysis of evil in Friedrich W. J. Schelling’s Philosophische Untersuchungen über das Wesen der menschlichen Freiheit (1809). Schelling develops an account of the sui-genesis of God out of the two principles. These principles are 1) the dark ground (dunkler Grund) that belongs to God and 2) the self-revelation of God, who actualizes the dark ground, which grounds God antecedently. These two principles also contain in themselves the possibility and the intelligibility of the human world. (...) In order to elucidate the ontological account of the possibility of evil in Schelling, I turn to Martin Heidegger’s analyses of Schelling’s Freiheitsschrift and especially to Heidegger’s account of self-will (Eigenwille) and put these analyses in conversation with Heidegger’s own thinking about αλήθεια. I establish a conceptual affinity between Schelling’s presentation of the dark ground, which for him is the ground of selfhood, and Heidegger’s insights into the prioricity of concealment (Verborgenheit). (shrink)

In this paper I argue against two prevailing views of Kant’s Religion. Against commentators such as Michalson and Quinn, who have argued that Kant’s project in Religion is riddled with inconsistencies and circularities, I show that a proper understanding of Kant’s views on grace reveals these do not exist. And contra commentators that attribute to Kant at best a minimalist conception of grace, I show that Kant’s view of it is remarkably robust. I argue that Kant works with three different (...) conceptions of grace. These are: a) grace and the God within, b) grace and the transformation of the fundamental orientation, and c) grace that can be laid hold of; the first and the last play a significant role in his philosophy of religion. (shrink)

La pandemia COVID-19 ha planteado retos, donde las TIC se ha convertido en una necesidad básica para la humanidad, en este contexto se cuestionó las capacidades de los docentes para hacer frente a los cambios. Tiene una metodología mixta pre- experimental, participaron 49 docentes y se aplicó cuestionario, rubrica y Pre Test/Post Test, con valores 0.890; 0.91, 0.97 de Cronbach. Los hallazgos demostraron que las dimensiones, comunicación, creación de contenidos, resultaron muy altas, mientras que la dimensión seguridad y solución de (...) problemas resultaron ser buenas. La investigación obtuvo resultados significativos para el desarrollo de las competencias digitales de los docentes de Piura. (shrink)

ArgumentThe article builds a case for the Society for the Protection of the Health of the Jewish Population (Obshchestvo Okhranenia Zdorov’ia Evreiskogo Naselenia [OZE]) as a project of medicalized modernity, a mass politics of Jewish self-help that relied on a racialized and medicalized vision of a future Jewish nation. Officially registered in 1912 in St. Petersburg, it created the space for a Jewish politics that focused on the state of the collective Jewish body as a precondition for Jewish participation in (...) any version of modernity. OZE futurism survived the years of World War I and the Russian Civil War, when the organization had to concentrate on rescue and relief rather than on facilitating the development of new bodies and souls. New archival evidence reveals how race science, medical statistics, and positive eugenics became composite elements of the Jewish anticolonial message and new subjectivity. (shrink)

The article intends to retrace, from a historical-philological point of view, the main steps of Walter Benjamin’s unfinished research and works, conducted during his later years, dedicated to Charles Baudelaire. Setting Benjamin’s translation of the Ta-bleaux parisiens as the first result of his interest for the poet, the text delves into the composition process of The Arcades Project, from which the idea of a book on Baudelaire then takes shape. The article examines the crucial stages of this second project’s development (...) through the correspondence between Benjamin and Theodor Adorno and Max Horkheimer especially: from the 1935 exposé for The Arcades Project to The Paris of the Second Empire in Baudelaire, to the 1939 essay On some Motifs in Baudelaire. The focus is set, in particular, on the dialectical-constructive method that guides Benjamin in the composition both of the Passagen-Werk as of the Baudelaire-Buch and the essays. Finally, the article looks back over the transmission history of the project on Baudelaire, intimately bound to the one of the Passagenarbeit: the vicissitudes and findings of various manuscripts, of which the complete restitution of the Kritische Gesamtausgabe is soon expected. Therefore, the peculiar relationship between philology and philosophy of Benjamin’s experimental method is then examined further in depth; the configuration of the research object’s monadic structure according to a historical perspective, albeit in the context of a work that remained unfinished. (shrink)

En este artículo se trata de reconstruir el desarrollo de la idea de forma musical en el pensamiento adorniano a partir de tres textos fundamentales: “Evolución y formas en la nueva música”, “Vers une musique informelle” y “La forma en la nueva música”. A partir de ellos, se pone en relación la forma con la idea de libertad, la imaginación y el color, en cada caso, para mostrar la complejidad del término, así como la relación con otros aspectos clave de (...) la filosofía adorniana. Palabras clave: Forma musical, Theodor W. Adorno, Filosofía de la música, Darmstadt, Nueva música. (shrink)

The focus of this essay is the art of Vincent van Gogh and the way in which van Gogh’s understanding of nature informs his landscape painting. Van Gogh’s descriptions of the relationship between na...

This essay offers an interpretation of Plato’s Phaedo, which proceeds in two parts: (1) methodological interpretation of myth and (2) application of the method to the analysis of the soul. The paper claims that the myths in this dialogue are not limited to the explicitly mythical sections but that the entirety of the Phaedo—including the arguments that it presents—is saturated with myth. Through this interpretive lens, the soul, as it appears in the Phaedo, ceases to be characterized as a mere (...) thing and gains an ontological dimension. (shrink)

Spatial models dominated memory research throughout much of the 20th century, but in recent decades, the concept of memory as a form of mental time travel (MTT) to the past has gained prominence. Initially introduced as a metaphor, the MTT perspective shifted the focus from internal memory processes to the subjective conscious experience of remembering. Despite its significant impact on empirical and theoretical memory research, there has been limited discussion regarding the meaning and adequacy of the MTT metaphor in accounting (...) for memory. While previous work has addressed the general limitations of the MTT metaphor in explaining memory (Trakas, 2022), the objective of this article is more focused and modest: to gain a better understanding of what constitutes MTT to the past. To achieve this objective, a detailed analysis of the characteristics of MTT to the past is presented through a comparison with time travel (TT) to the past. Although acknowledging that TT does not refer to an existing physical phenomenon, it is an older concept extensively discussed in the philosophical literature and provides commonly accepted grounds, particularly within orthodox theories of time, that can offer insights into the nature of MTT. Six specific characteristics serve as points of comparison: (1) a destination distinct from the present, (2) the distinction between subjective time and objective time, (3) the subjective experience of the time traveler, (4) their differentiation from the past self, (5) the existence of the past, and (6) its unchangeability. Through this research, a detailed exploration of the phenomenal and metaphysical aspects of MTT to the past is undertaken, shedding light on the distinct features that mental time travel to the past acquires when it occurs within the realm of the mind rather than as a physical phenomenon. By examining these characteristics, a deeper understanding of the nature of mental time travel is achieved, offering insights into how it operates in relation to memory and the past. (shrink)

The view of happiness that I propose in this article and derive on the basis of Aristotle’s and Henri Bergson’s ideas recommends that we must first understand life as an activity – not as a sum of accumulated experiences and things; nor a set of projects; nor fateful or haphazard events that befall us, but as a formative activity in which we play a key role. Ἐνέργεια or de l’action are at the core of life and it is by getting (...) a hold of this creative core that we stand to live happily (Aristotle) or joyously (Bergson). For both thinkers, the possibility of happiness and joy comes to the fore, to no small extent, as a certain orientation in our thinking, i.e., as φρόνησις and θεωρία, for Aristotle, and as philosophy for Bergson. Our thoughts inform our choices and actions as well as our view of the world, grounding our sense of meaning, purpose, and value of action. It is by reckoning with the ever-unfolding act of life and with our own actions in it (actions which can be vicious, senseless, and unexamined or creative and constitutive of a life well-lived) that we also take hold of the possibility of happiness and joy. (shrink)

Abstract: In this paper, I respond to James Sterba’s recent book ‘Is a Good God Logically Possible?’ I show that Sterba concludes that God is not logically possible by ignoring three important issues: (a) the different functions of leeway indeterminism (and the political freedom presupposed by it) and autonomy (the two are very different things, even though both go under the name of freedom), (b) the differences in the conditions of agency in God and in creatures, (there is non-parity in (...) how each must apply the single moral law), and (c) the non-parity between our knowledge and God’s. I provide a brief summary of Sterba’s arguments, and I develop the following points: 1. Sterba’s argument against a Free-Will Defense hinges on his conflation of political freedom and autonomy; 2. Sterba’s crucial premise for his argument against soul-making theodicies (namely, that the “Pauline Principle” should be applied univocally across God and creatures) is false; 3. Sterba’s arguments against skeptical theism depend on his assumption that our knowledge is comparable to that of God. In each case, Sterba either does not recognize non-parity between God and creatures or does not recognize the difference between the profane (e.g., political matters) and the sacred, (e.g., spiritual matters having to do with the inner nature of the soul’s development). (shrink)

Entropy-based algorithms have been suggested as robust estimators of electroencephalography (EEG) predictability or regularity. This study aimed to examine possible disturbances in EEG complexity as a means to elucidate the pathophysiological mechanisms in chronic stroke, before and after a brain computer interface (BCI)-motor observation intervention. Eleven chronic stroke subjects and nine unimpaired subjects were recruited to examine the differences in their EEG complexity. The BCI-motor observation intervention was designed to promote functional recovery of the hand in stroke subjects. Fuzzy approximate (...) entropy (fApEn), a novel entropy-based algorithm designed to evaluate complexity in physiological systems, was applied to assess the EEG signals acquired from unimpaired subjects and stroke subjects, both before and after training. The results showed that stroke subjects had significantly lower EEG fApEn than unimpaired subjects (p < 0.05) in the motor cortex area of the brain (C3, C4, FC3, FC4, CP3, CP4) in both hemispheres before training. After training, motor function of the paretic upper limb, assessed by the Fugl-Meyer Assessment-Upper Limb (FMA-UL), Action Research Arm Test (ARAT), and Wolf Motor Function Test (WMFT) improved significantly (p < 0.05). Furthermore, the EEG fApEn in stroke subjects increased considerably in the central area of the contralesional hemisphere after training (p < 0.05). A significant correlation was noted between clinical scales (FMA-UL, ARAT, and WMFT) and EEG fApEn in C3/C4 in the contralesional hemisphere (p < 0.05). This finding suggests that the increase in EEG fApEn could be an estimator of the variance in upper limb motor function improvement. In summary, fApEn can be used to identify abnormal EEG complexity in chronic stroke, when used with BCI-motor observation training. Moreover, these findings based on the fApEn of EEG signals also expand the existing interpretation of training-induced functional improvement in stroke subjects. Entropy-based analysis might serve as a novel approach to understanding the abnormal cortical dynamics of stroke and the neurological changes induced by rehabilitation training. (shrink)

Kant’s aim in the Refutation of Idealism is to show that the temporal determination of inner experience presupposes outer experience. Commentators have rightly noted the extraordinarily compressed character of Kant's argument, and numerous gaps in the argument have been pointed out. In this paper I focus on two of these gaps and provide a reconstruction of Kant's argument that closes them.

This essay analyzes the category of “the holy” as developed by Rudolf Otto, examining his division of the holy into rational and non-rational elements. While rational elements of the holy are closely tied to ethics, another aspect of the holy can only be apprehended through sui generis feelings irreducible to other mental states. But how do non-rational elements relate to rational, ethical categories? I trace the distinction between rational and non-rational elements in Otto’s analysis to Kant’s two faculty psychology: the (...) holy is apprehended in one way through feeling, in another way through thought, but a single ultimate reality is experienced. (shrink)

Resumen: Este artículo intenta visibilizar algunos aspectos del rol fundacional de la narrativa de Juan Emar en las letras nacionales, en particular, su fecundo diálogo con la antipoesía de Parra. Se propone que tanto en Miltín 1934 de Emar como en la Antipoesía de Parra asistimos a la práctica de una carnavalización del motivo de lo divino-sublime. En esta dirección, ambas poéticas vanguardistas modulan en el espacio hispanoamericano una de las aristas del “proyecto inconcluso de la modernidad” : la muerte (...) nietzscheana de Dios y de su espacio simbólico; connotado por el tópico de la música de las esferas. Tópico que en ambos autores se da en el marco de un cuestionamiento a una estética de lo sublime que predominaba en la crítica de la época.: This article attempts to draw attention to the foundational role of the literary production of Juan Emar in the national letters, in particular, its fruitful dialogue with the antipoesía de Parra. It is proposed that both in Miltín 1934 and the Antipoesía de Parra we attend the practice of carnivalization of the divine-sublime. In this direction, both avant-garde poetics modulate one of the edges the “unfinished project of modernity” : the simbolic death of God and the simbolic space; connotated by the topico of the spheres music. Topico that in both authors is given in a questioning of a critique of an aesthetic of the sublime; that prevailed in criticism of that period. (shrink)

Drawing on texts in psychology, philosophy, and literature the paper argues that art avails us of a distance from ourselves. Art has a potential to change our perspective on monstrosity and to make us question our moral categories and presuppositions. The study focuses on a single painting by Paul Gavarni, Two Pierrots Looking into a Box (1852), which I have discovered holds two images in one representation. I turn to Gavarni's work in order to prompt a literal gestalt shift in (...) my readers. I direct the readers' viewing so that, at first, Gavarni's pierrots appear as handsome, albeit licentious youths, but then, through a shift in focus, I reveal their hideous, monstrous profiles. At this point, I argue that if we treat Gavarni's pierrots and the sorts of desires that they represent with single-minded opprobrium, then we run the risk of perpetuating the ugliness we scorn. There is, then, a double change in vision, which I seek to effect. The first one is the alteration of the visual, and the second, of the ethical perspective. The latter has to do with a realization that Gavarni's Pierrots can elicit from us — depending on how we see them — either complicity or reprehension, which is not so much a commentary on the drawing, as it is a reflection on ourselves (our biases, opinions, desires, values, etc.). The phenomenon that underlies the change in how we see what Gavarni portrays and how we, thereafter, relate to what we notice — the malleability of the human psyche — is what allows for and calls the many masking images we, ourselves, wear and perceive. The final question that I address in the paper is whether we can claim mastery over those images, which mask the monstrous or whether, if we do, then far from getting rid of the callous, the cruel, and the inhumane, we stand the risk of giving these expressions a freer playground? (shrink)

Shortly before the first publication of The Birth of Tragedy, Friedrich Nietzsche identified his philosophy as an “inverted Platonism.” Although, as Martin Heidegger warns, “we may not overlook the fact that the ‘inverted Platonism’ of his early period is enormously different from the position finally attained,” nonetheless, Nietzsche’s suspicion about otherworldly truths and optimistic faith in reason runs as a strong current throughout his works. I argue that Nietzsche’s view of Plato as the initiator of the “true world”—the world that (...) must be overcome on Nietzsche’s valuation—and of Socrates as a proponent of logicality suffers from the same overly rationalistic thinking that Nietzsche himself impugns in Plato. To account for Nietzsche’s interest in setting up Plato as the origin of the system of thought he seeks to overcome, I analyze Nietzsche’s remarks on Plato’s Phaedo in the Birth of Tragedy. (shrink)

The decent work notion has sparkled a keen academic interest in studying the psychological influence of decent work on workers in organizational contexts. Duffy’s decent work notion has left a window for addressing the interpersonal barriers on or factors for enhancing people’s equal access to decent work, which may enhance the capacity of the decent work notion and the psychology of working theory to promote inclusiveness within the organizational context through leveraging the interpersonal mechanisms. Against this backdrop, a across-sectional study (...) was conducted to validate a decent work scale incorporated with a social recognition component among young adult social workers aged 21–29 in Hong Kong. The results of confirmatory factor analyses supported the six-factor-higher-order model of the decent work scale incorporated with a social recognition component. Decent work incorporated with social recognition correlated with job demands, job resources, and work engagement in the expected directions, and the results of average variance extracted analyses supported the discriminant validity of the decent work scale incorporated with social recognition. The value added by decent work in enhancing work engagement after controlling the effects of job resources justifies the concurrent validity of the concept. The expanded notion of decent work incorporated with the social recognition component is deemed applicable to informing further research and practice. (shrink)

The question that drives this paper is: How does time function in psychosis? Given the altered or inhibited relation to speech in psychosis, I think that it is worth working out a notion of temporal or, to borrow Bessel van der Kolk’s term, “rhythmical. .. .interactions” (Listening to Trauma, 2014) with the afflicted persons. Using Freud’s analysis of non-linear psychic time, I construct a theoretical model of temporal modifications in psychosis. I then use this model, along with Lacan’s writings on (...) psychosis, to show the temporality peculiar to psychotic breakdowns. Aligning the theoretical analyses with the individual testimonies, I draw on patient accounts of psychotic time-perception recited by Davoine and Gaudillière and by Minkowski. (shrink)

How are we to understand religion? It is undeniable that religion, and religious motivations, have played a very large role in shaping world events. As such, the question of how to understand religion has become increasingly urgent. At one extreme are those who adopt a comprehensive scientific naturalism. They approach religious beliefs and practices in such a way as to reduce them to nonreligious social or psychological factors; for them religion is part of an ideology or an infantile wish projection (...) that must be outgrown. At the other extreme are many of the religious believers themselves, who take their own religion as absolute truth and take themselves to be in a privileged epistemic position to apprehend it. Both extremes are dangerous: the first because it fails to take both religion and the religious drive seriously, and so ignores an integral facet of human life; the second because it is exemplary of the dangers of religion itself, which can take absolutist and Manichean forms. When religion does take such a form, it degenerates into idolatry, for it mistakes what must always remain a finite and conditioned apprehension of the transcendent for the transcendent ground itself. Often coupled with such a mistake comes a failure to recognize the validity of other perspectives, as well as a violent exclusion of everything that is other or unfamiliar. (shrink)

In this article I argue that Kant’s understanding of the universality of radical evil is best understood in the context of human sociality. Because we are inherently social beings, the nature of the human community we find ourselves in has a determinative influence on the sorts of persons we are, and the kinds of choices we can make. We always begin in evil. This does not vitiate responsibility, since through reflection we can become aware of our situation and envision ourselves (...) as members of a different community, one with different expectations, making genuine virtue possible. This understanding of radical evil helps to make sense of Kant’s high regard for the church in Religion. (shrink)

The work of German theologian Friedrich Schleiermacher has played a key role in the development of Protestant thought. Jacqueline Maria highlights the relation of Schleiermacher's ideas on the moral transformation of the self to other thinkers and current debates in the philosophy of religion.

Half a century after his first groundbreaking study on Kant's Religion within the Boundaries of Mere Reason, Allen Wood has once again produced a singularly important work on the topic. This is a passionate book. Wood strives to look with Kant at the human condition and at what reason demands of us as we confront ultimate questions and think about the place of religion in answering them. The result is a profound and honest engagement with Kant's work, certainly one of (...) the most important book-length treatments existing on the subject.Contrary to those who view Kant as a secularist inimical to revealed religion, Wood presents Kant's project as "an authentically religious one, even an authentically Christian one"... (shrink)

In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject to (...) being protected are proposed by morality, the latter making subordination of law to morality inevitable. This explains that a great number of modern constitutions include a reference to fundamental moral values, that is to say, they have explicitly positivised moral contents. Legal reasoning, at all levels and expressions, needs to appeal to the aforementioned values. Constitutional reasoning, international law, legislative activity and judicial practice are studied to verify the latter. This subordination of law to morality sets out a serious problem: moralities are cultural realities which are only valid for a specific society. In order for law not to fall in a not very rational legal relativism, law should not be subordinated to morality, but to ethics, the latter understood as cross-cultural morality. The Universal Declaration of Human Rights was a step forward in this sense. (shrink)

This chapter contains sections titled: Analysis of the Holy Influences on Otto's Thought Possible Solution Works cited.