Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to (...) the scientific method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

Aristotle's De Anima is the first systematic philosophical account of the soul, which serves to explain the functioning of all mortal living things. In his commentary, Ronald Polansky argues that the work is far more structured and systematic than previously supposed. He contends that Aristotle seeks a comprehensive understanding of the soul and its faculties. By closely tracing the unfolding of the many-layered argumentation and the way Aristotle fits his inquiry meticulously within his scheme of the sciences, Polansky answers (...) questions relating to the general definition of soul and the treatment of each of the soul's principal capacities: nutrition, sense perception, phantasia, intellect, and locomotion. The commentary sheds light on every section of the De Anima and the work as a unit. It offers a challenge to earlier and current interpretations of the relevance and meaning of Aristotle's highly influential treatise. (shrink)

Would the Jewish tradition agree with Søren Kierkegaard's claim that the biblical episode of Abraham's near-sacrifice of Isaac represents a fearful "teleological suspension of the ethical"? After surveying a variety of classical Jewish sources, the author concludes that Kierkegaard's interpretation has almost no resonance within the Jewish tradition. Rather than involving a suspension of the ethical, this episode is viewed by Jewish writers as involving a moment of supreme moral responsibility on the part of both God and man. This treatment (...) of the biblical episode points up a central fact about the Jewish tradition: although Judaism is unquestionably an ethical tradition based on the divine command, it is also a tradition of human autonomy and reason. If Jews have regarded God's commands as absolute, they have also found it unthinkable that these commands should ultimately defy our human sense of right and wrong. (shrink)

In the literature of philosophy and religious ethics, Kierkegaard's Fear and Trembling has, with few exceptions, been read as a work focused on ethical questions concerning the norms governing human conduct. However, ethical readings of this book not only miss important features of the text, they render its argument internally incoherent. These problems disappear when Fear and Trembling is understood primarily as a discussion of Christian soteriology that symbolically uses the Abraham story to develop the classical Pauline -Lutheran doctrine of (...) justification through faith alone. (shrink)

Beginning from a basis in the theoretical analysis of comparative religious ethics provided by David Little and Sumner Twiss, this essay extends that analysis by sketching certain "benchmark" theoretical options in comparative religious ethics and by identifying certain fundamental questions which ethicists ought to address to the data supplied by descriptive studies of comparative religions. To illustrate the application of the theoretical model thus defined, the essay concludes with an analysis of selected themes in the essays by Campany, Guberman, and (...) Read in this Focus. (shrink)

Bypassing the question of when "human" life begins, the author seeks to determine the moral status of the fetus directly by means of a rational theory of rights. He argues that all agents with an operative rational and moral capacity are entitled to full equal rights, while the rights of those lacking these capacities are conferred by rational, moral agents. After reviewing the general considerations that would lead rational agents to confer rights, the author concludes that these agents would probably (...) not choose to restrict their liberty of abortion by conferring substantial rights on the fetus. (shrink)

Reviewing the first twenty years of publication of the "Journal of Religious Ethics", the author examines the journal's pattern of growth, its niche in the array of scholarly journals, and its prospects. The author argues that JRE coincided with and stimulated the emergence of religious ethics as an independent scholarly field. He notes that it has been a valuable resource for philosophical analyses of religious ethics, has virtually created the field of comparative religious ethics, and has provided considerable impetus for (...) historical research. On the negative side, JRE has not done as well as it might in bringing political theorists, psychologists, sociologists, and interpreters of the aesthetic into the dialogue with religious ethicists, nor has it succeeded as well as was hoped in overcoming its Christian and Western bias. (shrink)

A primary issue in the field of business and society over the past 25 years has been the relationship between corporate social performance and corporate financial performance. Recently, Griffin and Mahon (1997) presented a table categorizing studies that have investigated this relationship. Motivated by concerns with this table, as well as a desire to account for progress in research in this area, the authors reconstructed it. The authors present a portrait of this relationship that is (a) substantially different from that (...) shown in the Griffin and Mahon table and (b) more consistent with the latest research on the topic. (shrink)

This paper examines the ethical issues of conflict of interest raised by the burgeoning development of physician involvement in for-profit entrepreneurial activities outside their practice. After documenting the nature and extent of these activities, and their potential for conflicts of interest, the paper assesses the major arguments for and against physicians' referral of patients to facilities they own or in which they invest. The paper concludes that an outright ban on such activity seems ethically warranted.

: How might bioethics take account of cultural diversity? Can practical wisdom of an Aristotelian sort be applied across cultures? After showing that practical wisdom involves both intellectual cleverness and moral virtue, it is argued that both these components have universality. Hence practical wisdom must be universal as well. Hellenic ethical thought neither depended on outdated theoretical notions nor limited itself to the Greek world, but was in fact developed with constant awareness of cultural differences, so it arguably works as (...) well in other times and places as when formulated. Even the eudaemonistic setting for practical wisdom is unproblematic. (shrink)

My contributions to the early issues of the "Journal of Religious Ethics" display the conviction that moral judgments and religious beliefs arise from complex but comprehensible operations of practical reasoning. As this conviction has continued to ground my explorations of diverse religious traditions as well as my consideration of challenges in the domain of bioethics, I have undertaken to develop a total and coherent logic of moral judgment. Much has changed, of course, in the past quarter century, and we have (...) all had to rethink the moral boundaries of human life. These changes have, however, confirmed rather than altered my sense of the importance of bringing into view the decisional basis of practical judgments--a base that is sometimes obscured by religious traditions as they reify earlier practical decisions and ignore their decisional basis. (shrink)

The issue of taxation raises essential moral questions about justice and fairness. Although the issue is an ancient one, systematic ethical reflection about taxation can be traced to the last few centuries. The author discusses five key values that have been identified as bearing on tax policy: freedom, material well-being and employment, health and welfare, equity, and distributive justice. He presents these values and their various interpretations as a conceptual framework for approaching the concrete teachings on taxation of the historical (...) religious traditions surveyed in this Focus. (shrink)

In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. In his late work Religion Within the Limits of Reason Alone, Kant charts out these doctrines in a manner that represents a fresh development in his own thinking on moral and relgious matters, (...) apparently at variance with the mainstream Enlightenment outlook which Kant otherwise embodies. His position appears to amount to a retrieval of the supposedly outmoded Christian doctrine of original sin, and this ambivalence is seen to stem from his desire to do justice both to the Protestant Christian, and the Enlightenment rationalist, tradition, which weigh equally heavily upon him. In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. (shrink)

The author begins by defending a view of comparative religious ethics as a "scientific" enterprise that seeks to develop generalizable knowledge of the variety of religious-ethical traditions and their relation to morality. Responding to Francisca Cho's use of the Daoist tradition to present a radical challenge to this possibility, the author suggests that she, too, unavoidably seeks to offer generalizable knowledge based on her reading of this tradition. After responding to Cho's major criticisms of his own interpretation of Daoism, the (...) author invites Cho and other critics to engage in the hard task of theory testing. (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial harm; (5) (...) the avoidance of fraud and misrepresentation in sales transactions; and (6)the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for "Torah-obedient" Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

On the morning of December 2, 1994, after a preceding afternoon of discussion, the Advisory Committee to the Director of the National Institutes of Health unanimously voted to approve the recommendations of the Report of the Human Embryo Research Panel. Panel members like myself who were present were elated. The vote marked the culmination of nearly a year of work. Approval of the report also represented a decisive step forward in bringing an end to a 15-year long moratorium on federally (...) funded research on the preimplantation human embryo and techniques of in vitro fertilization. (shrink)

The Theaetetus provides Plato's fullest discussion of human knowledge and is a rich vehicle for reflection upon its topic. Polansky's commentary demonstrates that the dialogue in fact holds the complete Platonic account of knowledge -- an account which is as sophisticated as any offered by contemporary philosophers.

A volume in Landscapes of Education. In From Socrates to Summerhill and Beyond: Towards a Philosophy of Education for Personal Responsibility, Ronald Swartz offers an evolving development of fallible, liberal democratic, self-governing educational philosophies. He suggests that educators can benefit from having dialogues about questions such as these: 1). Are there some authorities that can be consistently relied upon to tell school members what they should do and learn while they are in school? 2.) How should the imagination of (...) social theorists be both used and checked in the development and implementation of innovative educational reforms? 3.) How can teachers in personal responsibility schools help their students learn? These questions are representative of problems that Swartz raises in his book. Swartz identifies four educational programs as personal responsibility schools. These are Little Commonwealth (Homer Lane); Summerhill (A.S.Neill); Orphans Home (Janusz Korczak) and Sudbury Valley School (Daniel Greenberg). Swartz then suggests that these learning environments create social institutions that are liberal, democratic, and self-governing and therefore endorse the policy of personal responsibility. This policy states: All school members, students included, are fallible authorities who should be personally responsible for determining their own school activities and many policies that govern a school. Schools which incorporate this policy can interchangeably be referred to as personal responsibility, self-governing, or Summerhill style schools. In providing an historical and philosophical understanding of Summerhill style schools, Swartz suggests that these educational alternatives have intellectual roots in the ideas associated with Socrates as portrayed in Plato's Apology. Specifically, in personal responsibility schools teachers are not viewed as authorities who attempt to transmit wisdom to their students. Rather, self-governing schools follow the Socratic tradition which claims that teachers can be viewed as fallible authorities who attempt to engage students in dialogues about questions of interest to students. The interpretation of Plato's works used by Swartz can be found in Karl Popper's The Open Society and Its Enemies. Swartz has also been significantly influenced by the educational writings of Bertrand Russell and Paul Goodman. Goodman's Compulsory Miseducation makes it clear that schools which follow in the tradition of Summerhill compete with the educational programs that are an outgrowth of John Dewey's writings. In summary, Swartz's book aims to engage educators in dialogues that will lead to improved educational theories and practices. (shrink)