The question whether justice can be completely detached from morality seems to be relevant to the discussion of the issues that surround the execution of witches in Africa. In spite the widespread belief in witchcraft in African societies, it is apparent that part of the West as well as the Judeo-Christian traditions also support this view. However, this does not remove the fact that, there are thousands of individuals who are still sceptical about such belief. This paper agrees with the (...) view of those who believe the existence of witchcraft. Thus, despite the fact that many scholars have written on the existence of witchcraft in Africa, little or no attention has been paid to the question of moral implications of executing witches in Africa. An attempt to fill this gap facilitates an investigation into the nexus between morality and social justice. The fundamental problem now is, is it morally right to kill? Should witches be killed? If witches should be executed, are there moral and legal bases for such killing? How should we account for the question of sanctity of human life? In this paper, effort shall be made to answer these fundamental questions. The methods employed in this research are critical analysis, philosophical argumentation and conceptual clarification. Keywords : witchcraft, morality, law, society, justice, religion. (shrink)

The publication in 1957 of the Wolfenden Report occasioned a celebrated controversy in which profound theoretical issues concerning the relation between law and morality, and the legal enforcement of morality were discussed. The principal disputants were Lord Justice Devlin and Professor H. L. A. Hart. It is by now well known that the main recommendation of the Wolfenden Report was the reform of the criminal law so that homosexual behaviour in private between consenting male adults should no longer be a (...) criminal offence. As homosexual behaviour in Christendom was at the outset punishable in the ecclesiastical courts, and subsequently, with the demise of the ecclesiastical courts, in the secular courts, the Wolfenden recommendation on homosexuality marked a major departure from the prevailing state of affairs in which the precepts of Christian morality, especially relating to sexual morals, were at first enforced by the ecclesiastical courts, and then by the secular courts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Religion a Threat to Morality: An Attempt to Throw Some New Light on Hume's Philosophy of Religion* Gerhard Streminger At the beginning ofhis Natural History ofReligion Hume writes that two questions in particular... challenge our attention, to wit, that concerning its foundation in reason, and that concerning its origin in human nature. The first challenge is taken up by Hume in the Dialogues ConcerningNatural Religion, and (...) the second in hisNatural History ofReligion. In this paper I will try to show that there is a third fundamental problem discussed by Hume with regard to religion, namely its relationship to and influence on morality. Although he never wrote on this topic in as systematic a way as on the above-mentioned two questions inparticular, I am convinced that his thoughts about it were not just casual. The passages in Hume relevant to this third central question about religion are to be found in "Of Superstition and Enthusiasm," in Essays Moral, Political, and Literary; in section 11 ofAn Enquiry Concerning Human Understanding; in Appendix 4 and "A Dialogue," in An Enquiry Concerning the Principles ofMorals; in the History ofEngland; in Part XII of the Dialogues Concerning Natural Religion ; and, in particular, in the Natural History ofReligion. Why Hume never wrote about the relationship between religion and morality in a more systematic way is not entirely clear. He may have decided not to provoke the orthodox any further than he already had. That Hume changed the title ofsection 11 ofhis first Enquiry from the original "Of the Practical Consequences of Natural Religion" to the rather non-committal "Of a Particular Providence and of a Future State" may support this conjecture. Before going into more detail as to Hume's view on the relationship between religion and morality, I want to make a few remarks about Hume's opinion of religion in general. Hume made a distinction between one 'true' and two forms of 'false' religion. His most explicit description of true religion is to be found in a preface to the second volume of his History ofEngland: Volume XV Number 2 277 GERHARD STREMINGER Theproper Office ofReligion, Hume wrote in terms which have a Quakerish flavour, is to reform Men's Lives, to purify their Hearts, to inforce all moralDuties, & to secure Obedience to the Laws & civil Magistrate. While it pursues these useful Purposes, its Operations, tho' infinitely valuable, are secret & silent; andseldom come under the Cognizance ofHistory... The Idea ofan Infinite Mind, the Author ofthe Universe seems... to require a Worship absolutely pure, simple, unadorned; without Rites, Institutions, Ceremonies; even without Temples, Priests, or verbal Prayer & Supplication. This preface, however, was not printed in the words quoted above. Instead it was reduced by Hume to a footnote at the end of the second volume of his History of England in a shortened and toned-down version. Even this footnote was removed in later editions ofthe History ofEngland. But in the Dialogues Hume repeated his idea of the effect of true religion on morality almost verbatim: The proper office of religion is to regulate the heart of men, humanize their conduct, infuse the spirit oftemperance, order, and obedience; and as its operation is silent, and only enforces the motives of mortality and justice, it is in danger of being overlooked, and confounded with these other motives. This form ofreligion, however, although without anypernicious consequences with regard to society (D 223), is extremely rare. Religion, as it has commonly been found in the world (D 223), is a threat to morality. The corruptions of true religion, namely superstition and enthusiasm, are the popular forms of religious worship. Whenever Hume talks about religion without qualifications, he has this false religion in mind. Coming back to my original thesis, Hume, I think, sees three main negative influences of false religion: (1) The clergy has an interest in setting bounds to human knowledge; (2) The God offalse religion is no moral authority; (3) False religion corrupts the natural moral sentiments and promotes an 'artificial, affected' life. I. False Religion and Human Knowledge To see the force of Hume's argument concerning the threat of false religion to morality, one has to take into account some general assumptions of Hume... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church by Darrin W. Snyder Belousek, and: Restorative Justice: Theories and Practices of Moral Imagination by Amy LevadDana ScopatzReview of Atonement, Justice, and Peace: The Message of the Cross and the Mission of the Church DARRIN W. SNYDER BELOUSEK Grand Rapids, MI: Eerdmans, 2012. 668 pp. $55.00Review of Restorative Justice: Theories and Practices of (...) Moral Imagination AMY LEVAD El Paso, TX: LFB Scholarly Publishing, 2012. 300 pp. $80.00In Atonement, Justice, and Peace and Restorative Justice, the authors advocate for a restorative conception of justice, which they oppose to the “normal” retributive concept. Amy Levad draws on Aristotle and the virtue ethics tradition to write about “moral imagination” and restorative justice. Darrin Belousek uses Thomas Kuhn’s language to write about a “paradigm shift” in our understanding of theological themes relevant to restorative justice. Both contrast the restorative imagination or paradigm with a retributive one, although Levad also contrasts restoration with rehabilitation. Levad limits her study to restorative justice as [End Page 214] practiced in the criminal justice system, while Belousek expands his work to consider the Bible, theology, and multiple issues in society and in the church.Levad begins her book by discussing Aristotle’s idea of justice as equity, which she points out requires more discernment from judicial decision makers than it requires the algorithmic application of laws. In order for them to enact justice as equity, she argues, decision makers need a “vivid and expansive” moral imagination. Toward this end, she brings together two traditions: Aristotelian virtue ethics and modern literature on moral imagination. At the heart of her work is an ethnographic study intended to determine whether there are practices of restorative justice that can foster such a vivid and expansive moral imagination. After observing and interviewing participants in restorative justice programs in Colorado, Levad examined the narratives, metaphors, and symbols they used in order to determine whether and how they demonstrated a distinctively restorative moral imagination. Because the scope of her study was limited, and because she had difficulty getting a wide spectrum of roles involved in restorative justice to participate in the study, Levad’s results are more suggestive than conclusive. She acknowledges that we cannot generalize from them; although she draws on research methods from sociology and criminology, her findings do not meet their standards of evidence. Thus, the book’s greatest value lies in the recommendations it makes for further study. Empirical studies of the effectiveness of restorative justice practices have tended to focus on either reducing recidivism or the satisfaction of participants with the process. Levad brings to the fore two questions that have so far not been explored in previous research. First, how do restorative justice practices affect the moral imagination? And second, what effect might those practices have on ethical discernment? Her book takes some hopeful initial steps in addressing those questions.Although Levad writes as a Christian ethicist, she did not explicitly incorporate theological reflection into her study of state-sponsored programs. Belousek, by contrast, takes on an explicitly theological project of evaluating how interpretations of the significance of the cross of Jesus interact with such things as support for capital punishment, just war, and market economics. Since Belousek’s book is wide-ranging, this review will concentrate on the task it has in common with Levad’s book: that of reconceptualizing justice.In a fashion parallel to Levad’s use of Aristotle’s notion of justice as equity, which sometimes departs from strict legal justice, Belousek cites Paul’s vision of God’s justice “irrespective of” or “apart from” the law (372). Belousek begins by linking penal-substitutionary atonement theory to capital punishment, just war, and exchange economy in a single “paradigm,” arguing that they are all under-girded by what he calls the “Retributive Principle” (28). He then challenges this paradigm’s appropriateness for Christianity on biblical and doctrinal grounds. After examining arguments in favor of penal-substitutionary atonement in detail—drawing on the works of J. I. Packer and Thomas Schreiner, among [End Page 215] others—he turns to the scriptures cited in support... (shrink)

This comprehensive historical exploration investigates the intricate relationship between religion and the evolution of civil laws. Throughout human history, the interplay between religious beliefs and legal systems has profoundly shaped societies and governance structures. From ancient civilizations to the modern era, religious authorities and teachings have acted as catalysts in shaping civil laws, often with the goal of promoting social justice. This article embarks on a journey through time, unraveling the multifaceted connections between religion and the development of (...) legal frameworks. In numerous societies, religious doctrines formed the cornerstone of civil laws and regulations. The majority of civilizations witnessed priests assuming pivotal roles as lawmakers, effectively coupling civil laws and religious practices. By examining various historical civilizations, this study illustrates how religious norms and practices were intertwined with legal codes, revealing instances where religious teachings played a crucial role in promoting adherence to laws. The transition to modern times witnessed the emergence of alternative means for law enforcement, yet religion’s role persisted as an internal driving force for fostering law-abiding behavior. Drawing from examples such as the Code of Hammurabi, Islamic legal traditions, and the Roman Twelve Tables, this article showcases historical instances where religious values contributed to legal principles centered around equity, justice, and morality. Additionally, the study explores how religion’s influence shifted over time, from early religious leaders acting as legislators to the establishment of more secular legal systems. (shrink)

This leading anthology contains essays and cases written by some of the most influential figures in legal philosophy, representing the major theoretical positions in the field. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates the former and illuminates the latter. This classic text is distinguished by its clarity and accessibility, balance of topics, balance of positions on controversial questions, topical relevance, imaginative use of cases and stories, (...) and the inclusion of only lightly edited or untouched legal classics. This revision is distinguished by its inclusion of new material on law and economics, international law, distributive justice, religion and freedom of expression, feminist legal theory, and critical race theory, as well as a greater emphasis on concrete legal problems. (shrink)

This book is a collection of 18 essays portraying a "humanistic" outlook on several contemporary moral problems, and includes such essayists as Kurt Baier, Carl Rogers, B. F. Skinner, Sidney Hook, Abraham Edel, John Somerville, and Corliss Lamont. Although each was requested first to give his own definition of humanism and then to work out one application of it from his particular field or interest, these directions are not always strictly adhered to. Half of the essays had in fact, already (...) been published in some form in The Humanist. The 5 topical headings of the book show the diversity of fields and interests portrayed: Ethics, Religion and the Meaning of Life; The Good Life; The Individual: Law, Morality and Social Organization; Justice and Society; and Death. Although the essays are of unequal philosophical depth and acumen, this variety may be appealing for some uses of this as a text. However, two of the essays in particular stand out for this reviewer: "Ethics Without Religion" by Kai Nielsen, which perceptively outlines the problematic for as well as against an ethics not rooted in religion, and "The Enforcement of Morals" by Ernest Nagel which aptly analyzes the problem of the relation between the spheres of morality and law taking as a focus the noted Hart-Devlin debate of this issue. The thread which Kurtz believes unites all of these essays is their portrayal of a humanistic viewpoint, a viewpoint which he attempts to summarize in his own 14-page introduction, "What is Humanism?" But defining humanism is not an easy task. One must steer between a strictly negative view which defines it only in relation to what it opposes, and a broader but rather indefinite view of it as some form of man-centered philosophy. Although Kurtz wants to be positive in his own definition, he seems unable to move away from a negative and rhetorical presentation in which theism is simply stated to be incompatible with humanism. Moreover, his outline of a humanistic ethics is somewhat superficial. For example, he seems unaware of the problems involved in holding that ethical values are man’s own "creation" and at the same time are normative and objective. Nevertheless, the book may be of some help as a supplementary text to stimulate undergraduate students in discussion and study of the topics treated therein.—B.A.M. (shrink)

Capital "H" Humanism is the moving spirit behind this book, complete with its quaint, crusading anti-supernaturalism. What starts out as a propagandistic apologia for this "movement" manages to come up with some solid essays on various aspects of ethics and ethical theory. There is a star studded cast including H. J. Blackham, Marvin Farber, Hebert Feigl, Rollo Handy, Sidney Hook, A. H. Maslow, Ernest Nagel, Carl Rogers, and B. F. Skinner covering topics dealing with ethics and religion; the good (...) life ; law, the individual, and social organization; justice and society; and death. Many of the essays are reprinted from The Humanist. Some of them over-simplify the problems of philosophical ethics. Although there are some strong and interesting essays, the usefulness of the book is limited by its effort to advocate the Humanist position.--S. O. H. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Law’s Virtue: Fostering Autonomy and Solidarity in American Society by Cathleen KavenyEric E. SchnitgerLaw’s Virtue: Fostering Autonomy and Solidarity in American Society By Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2012. 304 PP. $29.95In Law’s Virtue, Cathleen Kaveny calls those in Western liberal countries to rethink their fundamental framework of ethics and law through the guiding principles of autonomy and solidarity, understood through the Catholic context of Thomistic (...) virtue. The law operates not as the fence of individual isolation as it does in Enlightenment rights theory, whereby liberty is preserved through negative restraint, but as the teacher of a limited form of the virtues of prudence and justice (52). The law teaches this thin form of prudence through autonomy, which Kaveny takes from Joseph Raz as “the capacity to be the ‘part-author’ of one’s own life” (53). Solidarity, pulling from Pope John Paul II, correlates to a learned justice, in that it “attend[s] to the unseen members” of the community (54). It recognizes that the good of the community and the good of individual members are inexorably intertwined.The opening epigram of the preface, which sets the tone for the whole work, is a quotation from Isidore of Seville found in Aquinas: “Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good” (xi). Kaveny argues that the phrases “possible to nature” and “custom of the country” need more attention in pluralist, democratic societies, because law is morally formed by its constituent community and there are deep disagreements within those communities. This gives a direction for how Catholics, and all citizens, should attempt to influence laws in these democracies. Because the law is a form of consensus over time, it should use severe sanctions such as criminal law only to reinforce the consensus that it represents. Tort and tax law are less severe tools that can encourage the moral direction of society, which, when used well, maintain the consensus of the law but still allow it to be a moral teacher.Kaveny’s practical thinking in this text does have some seeds of radical change. When she moves to the practicalities of life issues in the law—such as abortion, euthanasia, and genetics—she argues that the “entire fabric of the Anglo-American legal system” needs to add the concept of the “vulnerable” person to the “reasonable person” (79). In addition, her reframing of life issues contends that the Catholic view of issues like abortion is too different from [End Page 212] the “custom of the country” to make a change to the virtues and practices of other citizens. Instead, attention to the support necessary for families and social difficulties of economic poverty represents a way of using the law as a moral teacher while recognizing its limits (89, 156, 209). The book concludes with an incisive look at voting, in which Kaveny argues that the idea of issues-based voting is wrongheaded; instead, she urges voters to consider that they are voting for an individual who will take a broad moral stance and make a broad set of decisions (197 ff.).The quality of Kaveny’s clear thinking and moral consistency makes this book a pleasure to read—even for those who may disagree about the nature of the law or the virtues that Christians should bring to political, legislative, and judicial systems. This text, from its depth of legal and theological commitments, sets a high bar for further dialogue.Eric E. SchnitgerFuller Theological SeminaryCopyright © 2015 Society of Christian Ethics... (shrink)

Liberal societies conventionally treat religion as unique under the law, requiring both special protection and special containment. But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a (...) simple analogy between the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?--. (shrink)

In this thought-provoking book, Eli Foster Ritter explores the relationship between moral and civil law, arguing that they are different aspects of the same fundamental system of justice. With insightful analysis and persuasive argumentation, Ritter challenges readers to reconsider their assumptions about the nature of law and the role it plays in society. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in (...) the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

On a pu voir dans les droits de l’Homme la religion civile de notre temps. La conception philosophique des droits de l’Homme ouvre la perspective cosmopolitique d’une Civitas gentium, Cité des peuples universelle, version séculière de la Civitas Dei, qui conserverait un élément de transcendance dans le milieu du droit rationnel avec l’idée régulatrice d’une unification politique de l’espèce humaine sous les lois de la liberté. Sans rejeter cette utopie, J.-M Ferry se propose ici de regarder les droits de (...) l’Homme, d’un point de vue pragmatique, comme la garantie des arguments qui activent la raison publique et ses exigences de justice notamment. Les religions représentant plutôt, quant à elles, le fonds de convictions privées qui orientent moralement l’existence individuelle, conditionnent de façon variable l’adhésion des sociétaires aux principes politiques, lois et institutions, qui régissent leur vivre-ensemble. Ainsi présenté, le rapport qu’entretiennent les religions aux droits de l’Homme se laisse spécifier comme un rapport entre, d’une part, l’arrière-plan éthico-religieux des convictions privées et, d’autre part, l’avant-scène éthico-juridique de la raison publique. Human rights have been viewed as the civil religion of our time. The philosophical conception of human rights opens up the cosmopolitan perspective of a Civitas gentium, a universal City of peoples, a secular version of the Civitas Dei, which preserves an element of transcendence in the realm of rational law, with the regulating idea of a political unification of the human species under the laws of freedom. Without rejecting this utopia, J.-M Ferry proposes here to look at human rights from a pragmatic standpoint as the guarantee of arguments that activate public reason, particularly its demand for justice. Religions, on the other hand, represent the foundation of private convictions that morally direct individual existence, conditioning in varying ways the adherence of the members of society to the political principles, laws and institutions that govern their life together. Presented in this way, the relationship between religions and human rights can be specified as a relationship between the ethical-religious background of private convictions on the one hand, and the ethical-legal foreground of public reason on the other. (shrink)

Introduction: the grey goose -- The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law -- Conclusion.

Law, we are told, is a system of rules, created by men to govern human behaviour. Students of law, introduced to legal systems, become familiar with varied sources of law – legislative, judicial and executive in character. There are undoubtedly prescriptive human rules that govern men set up by public authorities that are advertised as being for the common good. These appear as visible, socially constructed systems in different jurisdictions and even as international systems across jurisdictions. But is this all (...) there is to law? Is law merely a human construct subject to flux, different according to time and place? Or must law, in its fullest sense, be seen as an activity that needs to be interpreted aright, binds the human conscience and is answerable to certain universal and timeless demands? Is there any natural moral law common to all men, universal and timeless? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," "Christ," "Spirit," (...) and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

Henri de Lubac's treatment of the relationship between nature and grace helped the Catholic Church to move beyond the antagonisms that had defined its relationship with the modern nation-state. In critiquing de Lubac, some recent scholarship has presented an interpretation of Aquinas that is remarkably similar to the problems associated with the neo-Scholastic method. These approaches indicate that in order for late modern democratic states to achieve their connatural ends of justice and the common good, they must directly advert to (...) revealed knowledge and Church teaching. This essay proposes an alternative correction to de Lubac that both maintains a distinction between nature and grace and facilitates a capacity for Christians to engage in a nuanced dialogue of affirmation and critique of the human goods sought by late modern political and legal institutions. In the conclusion, this nature-grace distinction is used to analyze the way the US Catholic Bishops have engaged in moral, political, and legal debates over the Patient Protection and Affordable Care Act. (shrink)

Research's basic purpose is to determine religion's role in promoting social justice. Religion focuses on providing the people with all the rights they own. The religious faith makes people work to improve their country and state religious enforcement provides basic civil rights to the members of civil societies. In any society, people with firm religious beliefs and morals provide all the necessities to the lower-class members as they provide to the higher-class members. Providing social equality is the basic (...) teaching of all religions. All religions violate any kind of gender inequality and injustice. Only equal and fair rights provided to every member of society is the duty of every social rights-providing organization and social member. The research was based on primary data analysis to determine the use of Smart PLS software, and the run result included descriptive statistics, correlation coefficients, and the smart PLS Algorithm model between them. The social right-providing agencies and members of social rights institutes work side by side to ensure that people of all age groups receive an equal share of rights in society. One main benefit of having religious faith is that people refrain from doing bad actions. Religions provide people with knowledge related to hell and heaven. The teaching of religion that good deeds will bring them to heaven and bad deeds will eventually bring them to hell makes people quit bad deeds.in most societies, people indulge themselves in bad actions like gambling and robberies. Overall, the result found a significant role of religion in promoting social justice. By teaching such people about the outcomes of their bad deeds, such individuals will surely refrain from doing inappropriate activities. (shrink)

This essay is not a further contribution to the debate about liberal individualism, the chief topic of discussion in political and social philosophy for the last twenty-five years or more. Nevertheless it is necessary to begin by rehearsing some features of that debate, claims that will be very familiar to contemporary political philosophers. Inspired largely by John Rawls, the modern version of political liberalism has tried to make coherent a conception of politics according to which political affairs should be separated, (...) or at least seriously distanced, from the various moral and religious loyalties and programmes of individuals and groups of citizens. This central contention of Rawlsian liberalism has been expressed in different ways, but according to one of the commonest versions, it is to be interpreted as the view that the right must take precedence over the good. That is to say, in the political sphere, the implementation and application of impartial rules of social justice and civil liberty must take precedence over competing conceptions of what is or is not a valuable way of spending a human life . Another familiar way of expressing the same doctrine says that the state must be neutral with respect to the moral alternatives with which a modern pluralistic society presents its members. This claim about state neutrality is most easily illustrated by a notable example; whether homosexuality is morally wrong or not is not the business of the legislator, and thus the goodness or badness of a gay lifestyle is a matter on which the law should be neutral. (shrink)

ECONOMICS AND LAW HAVE HISTORICALLY ATTENUATED THE CONTRIBUtion of ethics in their putative separation of fact and value. In this essay I argue that reconceptualizing the relationships between law, economics, and ethics reveals the shortcomings of positions that disavow ethics. In the first section I contend that thinkers must reread Adam Smith as an economist and a moral philosopher to appreciate his extended treatment of sympathy, conscience, and social justice. In the second section I appropriate the work of Amartya Sen (...) to examine the entanglement of fact and value in deliberating economic choices, including moral motivations and social evaluations that problematize reductive images of economic actors. Finally, I interrogate legal regulation of corporate governance with respect to the Enron scandal and the 2002 Sarbanes-Oxley Act. I argue that legal regulation is a necessary but not sufficient resolution to corporate misconduct because it too enervates ethics and bifurcates fact and value. (shrink)

In ethics and political philosophy, the concepts of equity, equality, need satisfaction, and justice are significant for the fulfilment of underlying requirements of human rights, and the attainment of peace in societies. Studies show these as potential frames for defining processes, distributing resources, sharing responsibilities, allocating rewards, demonstrating respect and dispensing with unequal treatments. Justice, as the ideal that impels us to impartially adjudicate between competent claims, is linked to equality. But as the moral force that propels actions for needs’ (...) satisfaction, it is linked to equity. Hence, equality and equity are two elements of the theory of justice: both are grounded on the principles of distributive justice. This ‘common grounding’ apparently obfuscates their distinctive features, and over time, has elicited their equiparation. This essay highlights the archetypal frames of the notions of equity and equality as indispensable principles of social justice. It identifies the skewed distribution of resources in Nigeria as arising from a legal framework that removes the power of personal/group autonomy from the people. The essay notes the misleading tendency in the insulated use of equality for justice, and accepts the primacy of distributive justice amongst rival pathways to national cohesive living. (shrink)

This book brings together academics, legal practitioners and activists with a wide range of pro-choice, pro-life and other views to explore the possibilities for cultural, philosophical, moral and political common ground on the subjects of abortion and reproductive justice more generally. It aims to rethink polarized positions on sexuality, morality, religion and law, in relation to abortion, as a way of laying the groundwork for productive and collaborative dialogue. The book will be valuable to anyone interested in law and (...) society, gender and religious studies and philosophy and theory of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Renewing Moral Theology: Christian Ethics as Action, Character, and Grace by Daniel A. WestbergHoward HarrisRenewing Moral Theology: Christian Ethics as Action, Character, and Grace Daniel A. Westberg DOWNERS GROVE, IL: IVP ACADEMIC, 2015. 281 PP. $25.00Renewing Moral Theology by Daniel Westberg has two professed purposes—to be a moral theology text for seminary use and to be a book with wider public appeal. Short chapters, real-life examples, simple reading (...) lists, and unobtrusive footnotes make it accessible to that wider public. Yet the rigor and careful argument will satisfy the need in many introductory classrooms for a moral theology text that is cognizant of Aquinas, Vatican II reforms, and Anglican scholarship.Westberg sees the 1960s as a disruptive time for ethical thought in the Anglican tradition, with the "shifting and seductive winds" of situation ethics gaining sufficient sway to sweep away the prevailing systematic approach to moral theology (9). He seeks to follow an Anglican path of mutual enrichment, blending Evangelical emphases and Catholic moral philosophy. Virtue ethics, with its roots in Aristotle and Aquinas and its more recent renaissance, is at the core of the book. Part 1 deals with moral reasoning and action, while part 2 discusses the seven principal virtues: wisdom in action, justice, fortitude, self-control, faith, hope, and love.The initial focus is on practical reasoning, action, and character, acknowledging that many daily questions have a moral component yet do not require casuistry and law for resolution. Westberg puts forward a four-stage model of practical reason involving intention, deliberation, decision, and execution, sourced from Aquinas (reminiscent of James Rest's Four Component Model). The model is used to show that both intellect and will must be engaged and that the process can be iterative. The importance of the Holy Spirit in the forming of character and in the infusion of the theological virtues is made clear in Westberg's elucidation of the sequence through practical reasoning to action. Christian ethics is different, and Christians need "a new way of explaining Christian discipleship" (18).Part 2 begins with a useful introductory chapter about the development of virtues, with a focus on Christ and a caution against vagueness, against reducing morality to an undefined love that is of little relevance in either deliberation or action. In the discussion of individual virtues, Westberg brings together traditional scholarship, including Aquinas, Augustine, Aristotle, and Barth, with contemporary work from theology, philosophy, and psychology including Hauerwas, O'Donovan, and Veritatis splendor. Westberg questions the idea, grounded in Aristotle, that excellence in a virtue lies in a mean between extremes, wondering [End Page 203] aloud if Aristotle went too far in this (152). The treatment of love includes an examination of the nature of agape in which Westberg sets out to show that this Christian love ought not be seen as self-sacrificing but as mutual and nurturing. The Gospel basis is apparent here as the argument is grounded on "God is love" (1 John 4:16); on examples of Jesus showing preferential love for the disciples and Lazarus, Martha, and Mary; and on "a mutuality of love in the Godhead," before noting parallels to Aristotle's notions of friendship (238–40).Throughout the book difficult questions are not shunned, with diversion avoided by pointing to alternative sources of more detailed analysis; animal ethics, loving one's enemies, and whether non-Christians can be "good" are dealt with in this way, while the implications of biblical teaching on sin receives a longer treatment. Renewing Moral Theology puts Christ at the center of a discussion of how to live well. It is accessible to the Christian who has an interest in moral questions while being sufficiently tightly argued for the introductory classroom at which it is also aimed.Howard HarrisUniversity of South AustraliaCopyright © 2017 Society of Christian Ethics... (shrink)

The Primacy of God, the notion of justice toward God is seldom considered and often foreign. Far more discussed is how God might either undermine or motivate social justice. The Primacy of God by R. Jared Staudt offers an important intervention. With the aid of St. Thomas Aquinas, Staudt argues that it is vital for both contemporary society and contemporary Catholic theology to return to the traditional view of God as the one to whom all human and social action must (...) be ordered and to recover the virtue of religion as the virtue which orders all other virtues to God. Not only does Staudt helpfully remind readers of the ancient philosophical and biblical notion of worship as a dictate of the natural law, he also illuminates the way in which Christian liturgy, as an enactment of Christ's high priesthood, is the great fulfillment of natural and biblical worship. Accordingly, Staudt secures religion as essential for the virtue of love. This brings Staudt to criticize modern theologians like Karl Barth, who claimed that religion is inherently idolatrous, as well as Karl Rahner, who claimed that love of neighbor is the highest moral act. Staudt also considers the question of religious truth in light of the plurality of religions, soliciting the assistance of Hans Urs von Balthasar and Joseph Ratzinger, as well as the way in which religion relates to the development of culture, engaging the great Catholic social historian Christopher Dawson. The Primacy of God is a much-needed work that ought to set the agenda for Catholic theology in the twenty-first century. (shrink)

Equity and efficiency -- A society within a society -- Thomas Aquinas : the interplay of natural and positive law -- William of Ockham : repudiation of power and wealth -- Martin Luther's redistributive theology of the Lord's supper -- John Calvin and the challenge of inequality -- Triumph of the economy.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Political Affections: Civic Participation and Moral Theology by Joshua HordernMichael P. JaycoxPolitical Affections: Civic Participation and Moral Theology By Joshua Hordern NEW YORK: OXFORD UNIVERSITY PRESS, 2013. 312 PP. $125.00Hordern asks his reader to consider that the decline of participatory democracy in Western societies may be ameliorated by a renewed appreciation of the role of emotions in politics. Creatively retrieving many elements of the Augustinian tradition, he argues (...) that the “evaluative intentionality” of emotions is an imperfect type of moral insight whereby human beings both participate in and conform themselves to the created “order of value” (40, 77). Although the power of sin profoundly destabilizes human inclinations, emotions can become stable moral guides through a process of “intersubjective verification” (81). Hordern claims that the epistemological capacities of socially stabilized emotions are substantial enough to enable the community to “participate in and evaluate the goods with which institutional practices are concerned, recognize the authority of those who promote the proper ends of those goods, and initiate common political reflection and deliberation” (142).Bringing these insights to bear upon his own political context, Hordern claims the “resentment,” “alienation,” and “disillusionment” that some British citizens feel toward the cosmopolitan project of the European Union stands as [End Page 213] evidence that “law which is not primarily rooted in the locality which it governs will run the risk of opposing the affections of the people” (22, 23, 242). Working from the premise that “local loves are the fertile soil in which more wide-ranging loves may grow,” Hordern champions “the politically beneficial possibilities of a limited ethnocentricity,” by which he means that emotions shared in smaller communities and within nation-states motivate citizens to attend to the common good most effectively (224, 240).Anticipating the objections to this proposal, Hordern assures his reader that the influence of Christianity upon democratic processes minimizes the negative effects of ethnocentric nationalism, such as the oppression of socially vulnerable groups. Insofar as Christian emotions participate uniquely in the transcendent order of values, the participation of this community in the temporal order would “disturb, renew, or correct patterns of social trust” (271) and provide “a critical standpoint whereby affections in all institutions may be described and assessed” (164).This reviewer shares some of Hordern’s general premises regarding the intelligence of emotions and their motivational potential in public life. By way of evaluation, however, I find three significant problems with his argument. First, although Hordern grasps Martha Nussbaum’s emotion theory quite well, he habitually mischaracterizes the more central aspects of her moral thought in order to prop up his somewhat more conservative agenda. For example, he accuses her of denying the existence of a “stable moral order” and of endorsing an individualistic concept of agency (98). These inferences fail to account for the highly social and essentialist vision of human flourishing that provides the normative content of her capability theory and her feminist ethic.Second, he offers some weak arguments as he develops his account of emotional stabilization. For example, he alleges that virtue cannot stabilize emotion because it is a form of “epistemological self-dependence” that “tends to block repentant attentiveness,” but this assertion is grounded in his antecedent concern to discredit Aristotelian habituation as a moral theory (110, 101). As he develops his own alternative proposal about intersubjective verification by appeals to “the power of memory,” he glosses over significant counterarguments concerning the “contested” nature of social memories of historical events (110, 115).Third, Hordern does not propose any universal norms of justice capable of checking the authority of particular civil governments. For example, he seems dismissive about the moral dangers of emotionally motivated nationalism, the gravity of which he attempts to minimize by emphasizing the critical aspect of Christian political participation. (The historical record of fascism in Europe would hardly support such a claim.) Nevertheless, he presumes a tacit normative point of reference every time he offers a political judgment. For example, he claims that civil authority should caution “against overreaching [End Page 214] itself in pride,” but this is to beg the question of what the interventionist role of governments should be vis-à-vis systemic injustice (198).Political... (shrink)

Mark S. Cladis pinpoints the origins of contemporary notions of the public and private and their relationship to religion in the work of Jean-Jacques Rousseau. His thesis cuts across many fields and issues-philosophy of religion, women's studies, democratic theory, modern European history, American culture, social justice, privacy laws, and notions of solitude and community-and wholly reconsiders the political, cultural, and legal nature of modernity in relation to religion. Turning to Rousseau's Garden, its inhabitants, the Solitaires, and the (...) question of restoration and redemption that preoccupied much of Rousseau's thought, Cladis examines how Rousseau addressed the tension between the joys and moral obligations of social engagement and the desire for solitude. He was caught between two possibilities: active involvement in the creation of an enlightened and humane society or extrication from social entanglements in favor of cultivating a spiritual interior life. Yet Rousseau did not view this conflict as a desperate division. Rather, for him it was a moral struggle to be endured by those who had fallen from the Garden. For this edition Cladis has added a substantive introduction that discusses the role of religion in contemporary democratic societies, particularly in American public life. Cladis proposes four models of thinking about religion in public and champions what he calls spiritual democracy-a dynamic, culturally specific, and progressive democracy. Cladis argues that spiritual democracy refers not only to a society's legal codes and principles but also to its democratic culture and symbols and its daily practices and institutions. It encompasses the nation's character, diverse identities, and a distinctivel exchange between the nation's public vision and citizens' complex, private lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Why Buddhism and the Modern World Need Each Other:A Buddhist PerspectiveDavid R. LoyThe mercy of the West has been social revolution. The mercy of the East has been individual insight into the basic self/void. We need both.—Gary Snyder1Another way to make Snyder’s point would be: The highest ideal of the Western tradition has been the concern to restructure our societies so that they are more socially just. The most (...) important goal for Buddhism is to awaken and (to use the Zen phrase) realize one’s true nature, which puts an end to dukkha—especially that associated with the delusion of a separate self. Today it has become more obvious that we need both, not just because these ideals complement each other, but because each project needs the other.As far as I have been able to determine, the Western conception of justice largely originates with the Abrahamic traditions, particularly the Hebrew prophets, who fulminated against oppressive rulers for afflicting the poor and powerless. Describing Old Testament prophecy, Walter Kaufmann writes that “no other sacred scripture contains books that speak out against social injustice as eloquently, unequivocally, and sensitively as the books of Moses and some of the prophets.”2 Is there a Buddhist equivalent? The doctrine of karma understands something like justice as an impersonal moral law built into the fabric of the cosmos, but historically karma has functioned differently. Combined with the doctrine of rebirth (a necessary corollary, since evil people sometimes prosper in this life) and the belief that each of us is now experiencing the consequences of actions in previous lifetimes, the implication seems to be that we do not need to be concerned about pursuing justice, because sooner or later everyone gets what they deserve. In practice, this has often encouraged passivity and acceptance of one’s situation, rather than a commitment to promote social justice.Does the Buddhist emphasis on dukkha (suffering in the broad sense) provide a better parallel with the Western conception of justice? Dukkha is arguably its most important concept: According to the Pali Canon, Sakyamuni Buddha said that what [End Page 39] he had to teach was dukkha and how to end it. Historically, Asian Buddhism has focused on individual dukkha and personal karma, a limitation that may have been necessary in autocratic polities that could and sometimes did repress Buddhist institutions. Today, however, the globalization of democracy, human rights, and freedom of speech opens the door to new ways of responding to social and institutional causes of dukkha.On the other side, the Abrahamic emphasis on justice, in combination with the Greek realization that society can be restructured, has resulted in our modern concern to pursue social justice by reforming political and economic institutions. This has involved, most obviously, various human rights movements (the abolition of slavery, the civil rights movement, feminism, LGBT liberation, etc.), which have not been an important concern of traditional Asian Buddhism. As valuable as these reforms have been, the limitations of such a institutional approach, by itself, are becoming evident. Even the best possible economic and political system cannot be expected to function well if the people within that system are motivated by greed, aggression, and delusion—the “three fires” or “three poisons” that Buddhism identifies as unwholesome motivations that need to be transformed into their more positive counterparts: generosity, loving-kindness, and wisdom.Today, in our globalizing world, the traditional Western focus on social transformation encounters the traditional Buddhist focus on individual awakening. This essay addresses why they need each other in order to actualize their own ideals and uses the example of our present economic situation to explore some of the implications of this interdependence.good versus evilThe difference in focus can be traced back to different paradigms. One way to draw the contrast between the Abrahamic and Buddhist traditions is to consider their dissimilar attitudes toward morality. The Abrahamic religions are (the primary) examples of “ethical monotheism” because they emphasize most of all ethical behavior. God’s main way of relating to us, his creatures, is instructing us how to live by giving us moral commandments. To be a good Jew, Christian, or... (shrink)

Gender equality is something that the human race has been struggling with since time immemorial. No country has achieved gender equality despite the legislative, social, and economic gains for women. Therefore, modern society likes to blame certain groups, such as religion for the gender inequalities which are faced, more than others. The main focus of this study is to evaluate the role of religious leaders in promoting gender equality through the legislation and religious texts in Zimbabwe. The study further (...) explores how certain religious norms and practices can be modified through religious texts to accommodate women in achieving gender equality. The paper acknowledges that religious leaders have a greater responsibility to standup, speak and act with and on behalf of those with less power, such as the marginalized and discriminated against, including exploited planet Earth. The paper seeks to foreground how certain traditional religious practices and norms have exacerbated gender inequality in Zimbabwe, despite the laws that have been enacted by the government of Zimbabwe to promote gender equality. The data for the paper was gathered through observations and semi-structured interviews conducted with both religious leaders and women to establish how religious norms and practices directly or indirectly affect women and how they can be modified to achieve gender equality in Zimbabwe. The data gathered was analysed through descriptive data analysis. The paper concludes by recommending that religious leaders should be thoroughly trained on how to promote gender equality through religious texts and legislation. Contribution: The article evaluated the role of religious leaders in promoting gender equality through legislation and religious texts in Zimbabwe. It argued that religious leaders have a higher need to support, advocate and act on behalf of individuals who are marginalised and subjected to discrimination on planet Earth. Hence, its contribution was in promoting gender equality through religious texts and legislation in Zimbabwe for sustainable development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that she wrote (...) for Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Faut-il lire Les deux sources de la morale et de la religion comme la suite de L’évolution créatrice où sont suggérées des questions d’ordre moral et religieux mais laissées là comme « pierre d’attente » ? Ce n’est pas une théodicée qui s’élabore dans le dernier ouvrage de Bergson et sa continuité avec L’évolution créatrice est sans doute à rechercher ailleurs. Elle pourrait notamment être envisagée à partir de « l’application » à la théorie sociale des Deux sources du (...) second principe de la thermodynamique de Carnot, interprété par Bergson au troisième chapitre de L’évolution créatrice. Ce principe serait le lien implicite entre l’ouvrage de 1907 et celui de 1932.Can we read The Two Sources of Morality and Religion as a logical follow-up to Creative Evolution, since, in the latter work, there is place for glimpses on ethical and religious matters ? The present paper shows that The Two Sources – in no way a theodicy – depends on Creative Evolution for a methodological reason. The Two Sources « applies » to the social theory Bergson’s interpretation of Carnot’s second law of thermodynamics, such as it is presented in the third chapter of Creative evolution. This interpretation thus becomes the unseen link between the 1907 and 1932 books. (shrink)

Society, Ethics, and the Law: Text Reader is designed for the criminal justice ethics course, typically taught within the criminal justice, philosophy, or social science department. This course is primarily taken by junior and senior undergraduate students who are majoring in criminal justice or other related fields. Ethics is one of the six required topic areas in criminal justice education as defined by the Academy of Criminal Justice Sciences. The Academy of Criminal Justice Sciences standards are located at www.acjs.org/page/ProgramStandards. The (...) required content areas are defined in B.5. Table 1. Although ACJS has moved away from 'certifying' academic programs, the standards still serve as the primary benchmarks for program reviews for criminal justice degree programs. The text consists of 12 sections with five readings per section. Each section consists of an Introduction to the section, three articles related to the topic, and a 'character in context' article. The character in context article is intended to be written by a practitioner with work experience connected to the theme of the section with a more conversational format (versus the articles which are traditional academic articles). This title is contributed by experts in the field, many of whom are prominent within ACJS and have been presenting their topics at relevant conferences to full audiences. The shorter, article format is designed to appeal to today's student, while providing a sufficient depth of coverage as expected by the course instructor. The selected articles range from traditional philosophical based academic articles to conversational style narratives of practitioners' experiences with ethic issues within the criminal justice system. The text will contain topics not traditionally covered in a criminal justice ethics course; this renders the book appealing to ethics courses offered in philosophy and social science departments, while also remaining relevant to criminal justice students. (shrink)

As a natural result of globalization and migration from village to city, peace, ease, and happiness of people who have to coexist in cities are extremely important. Beliefs, systems, ideologies, and institutions aim to achieve this. This situation forces individuals and groups who live together, whether they want to or not, to get to know and communicate with each other within a trust environment. The most important factor that makes recognizing segments of society with different characteristics and communicate with them (...) in a healthy way is to develop a culture of coexistence among the community members. Coexistence means that people with different identities and affiliations are united around the citizenship denominator and contributing to the continuation of social life in unity and solidarity. This understanding must be transformed into a cultural consciousness in the community members. Because, polarization, marginalization, discrimination, and violence become common among individuals who live in societies where the culture of living together and the awareness of citizenship are not developed. It is not possible to ensure coexistence only by law. In societies where a culture of cohabitation develops, differences are not seen as a cause of separation, but as a richness that diversifies society and gives dynamism to social life. In societies dealing with political, social, economic, and moral problems, religion, language, race, ethnic identity, and regional sense of belonging might be more likely used as terrorization tools. The self-confidence that accurrate religious knowledge gives to individuals might weaken such a possibility. Islam anticipates a social system that facilitates a pecaful and easeful life for the people. Giving importance to principles such as love, respect, tolerance, justice, consultation, assistance, and solidarity in the Qur'an is an indication of the need for this system. The Prophet Mohammad had the opportunity to apply an example of this system in Madinah anticipatedin the Qur'an in Madinah. After the migration, some principles related to the basic rules of coexistence were included in the Madinah agreement, which the Prophet signed with representatives of different segments living in Madinah. It is very important that these principles are able to shed light on the issues happenin in the recent world. The experience of living together in the time of the Prophet Muhammad (pbuh) should be introduced to the next generations with correct information. Because, The Medina Agreement, which has an important place in the history of Muslims, is an important example of the ability to live together in peace and ease by maintaining differences in society. The Medina Agreement is the first written document that allows different groups of people residing in Medina to live together. The main purpose of this agreement, which the Prophet made with the Jewish, Christian, and polytheistic tribes in Medina after the migration, is to protect the fundamental rights stemming from the citizenship of people who live in the same city by having different faiths and cultural values. If so, the Madinah Agreement might be an example for many societies that recently experience discord and unrest due to their characteristics such as religion, language, race, political thought, and etc. In this regard, this article focuses on the importance of the culture of coexistence in the context of the Madinah Agreement and the process of formation of this culture and offers some suggestionsthat will facilitate peace and ease for different groups living in the same society. Some of these suggestions are as follows: Differences such as language, religion, race, culture, and political thought among the realities of social life should not be seen as an element of discrimination, everyone should contribute to the peace and well-being of society by combining in the common denominator of citizenship. In educational institutions, it should be taken into account values such as human love, respect for the other, tolerance, freedom of thought, empathy, and peace. In addition to educational institutions, all segments operating in the field of law, politics, economics, religion, and media should unite, and thus, should develop a consciousness of citizenship in society, where differences in race, religion, language, culture and political views are seen as richness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 117-131 [Access article in PDF] Conscience, Citizenship, and Global Responsibilities Richard Reilly St. Bonaventure University A version of this paper was presented at the Sixth International Conference of the Society for Buddhist-Christian Studies held at Pacific Lutheran University in Tacoma, Washington, in August 2000.Upon discovering that Antigone had buried her brother, Polyneices, King Creon ascertains that she indeed had known of his decree forbidding any (...) honor to be shown to the dead traitor, and asks, "You still dared break this law?" Antigone responds: Yes, because I did not believe that Zeus was the one who had proclaimed it; neither did Justice, or the gods of the dead whom Justice lives among. The laws they have made for men are well marked out. I didn't suppose your decree had strength enough, or you, who are human, to violate the lawful traditions the Gods have not written merely, but made infallible. These laws are not for now or for yesterday, they are alive forever; and no one knows when they were shown to us first. 1Thus arises the dynamic confrontation between conscience and the state in the guise of two very solitary individuals: Antigone, committed to her brother out of love and religious duty, and Creon, striving to reestablish political order so necessary to the welfare of the community. We might say, in the idiom of Saint Augustine and Martin Luther King Jr., for Antigone, "an unjust law is no law at all," or at least not one that should bind one's conscience. In his "Letter from Birmingham Jail," King agonized over the lack of support, much less solidarity, of the Christian community in the effort to achieve racial justice in America. Antigone is provided no comrade (although her sister, Ismene, is sympathetic); no one of religious authority pleads Antigone's case or provides her with moral support. In this respect, Antigone's situation is mirrored in that of Franz Jagerstatter, the Austrian Catholic beheaded for his refusal to be conscripted into the army in support of the Nazi's cause. [End Page 117]Surely, one owes much to one's state, especially if it is justly ordered, safeguards individuals' rights, and promotes the common good. Both out of gratitude and a sense of fair play, one should do one's "public duty"—including upholding the law, paying taxes, voting, and otherwise participating in the political life of the community, and so on. We might say, as Jesus said, "render unto Caesar what is Caesar's and render unto God what is God's." 2 What does not belong to Caesar is the nature, meaning, and destiny of one's life; or to put it otherwise, what does not belong to Caesar is the allegiance or fidelity of one's conscience. This paper has three aims: (1) to show that to be respectful of life entails "global responsibilities"; (2) to articulate a rational ground for the view that "life" and "conscience" do not belong to the state; and (3) to argue that religious communities should encourage and honor individuals of conscience and that the state should recognize as a fundamental human right a citizen's noncooperation with policies or behaviors that are life-destroying. That Buddhism and Christianity are "world religions" provides each with the opportunity and the responsibility to do whatever is possible to promote peace, prosperity, and well-being of all human beings. Buddhists and Christians would do well to join together to articulate "ethical responsibilities" in a culture-neutral way to underscore their independence from political structures and ideologies on the one hand and to emphasize their global applicability on the other. Respecting Life—a Global Precept Encountering spiritual traditions nourished in other cultures allows one to rethink one's cultural assumptions. The spread of Buddhism in the West is especially potent in this regard. One of the most fundamental of all moral laws is: "One ought not to kill." But what does this really mean? What does it require of each of us? Buddhism offers important insights in this regard. In what follows, I shall offer... (shrink)

The Soul of a Nation is a series of essays on American society’s culture, morality, law, education, and faith: subjects that confront our society and will be of interest to citizens and scholars who have studied its political drift in recent years.

Summary This paper examines contemporary virtue ethics and the claim that Christian ethics is a virtue ethic. Three central theses are identified as being central to virtue ethics: a priority thesis, a perfectionist thesis and a communitarian thesis. It is argued that defences of the priority thesis—it best addresses the moral crisis in our society, it does justice to historical consciousness and it remedies the incompleteness in deontic ethics—are unconvincing. It is argued that virtue and moral perfection are best understood (...) in terms of psychologically appropriate dispositions to act in accordance with moral principles. It is further argued that the communitarian thesis raises relativist difficulties and fails to do justice to the universal elements of morality. Each of these arguments is developed philosophically and the implications for Christian ethics are explored. In light of the theory of virtue sketched in the paper it is concluded that the independence thesis, upon which virtue ethics rests, is untenable and that an examination of the structure of the universal moral principles underlying the Christian faith remains the proper subject matter for Christian ethics. (shrink)

Book Reviews in this article Baptism and Resurrection: Studies in Pauline Theology against its Graeco‐Roman Background. By A.J.M. Wedderburn. Meaning and Truth in 2 Corinthians. By Frances Young and David Ford. Jesus and God in Paul's Eschatology. By L. Joseph Kreitzer. The Acts of the Apostles : By Hans Conzelmann. The Genesis of Christology: Foundations for a Theology of the New Testament. By Petr Pokorny. The Incarnation of God: An Introduction to Hegel's Theological Thought as Prolegomena to a Future Christology. (...) By Hans Küng, translated by J.R. Stephenson. The Incarnation: Collected Essays in Christology. By Brian Hebblethwaite. Models for God: Theology for an Ecological, Nuclear Age. By Sallie McFague. Pp. xv, 224, London, SCM Press, 1987, £8.50 Symbol and Sacrament: A Contemporary Sacramental Theology. By Michael G. Lawler. The Sacrifice We Offer: The Tridentine Dogma and its Reinterpretation. By David N. Power. New Eucharistic Prayers: An Ecumenical Study of their Development and Structure. Edited by Frank C. Senn. To Join Together: The Rite of Marriage. By Kenneth W. Stevenson. Company of Voices: Daily Prayer and the People of God. By George Guiver. The Long‐Legged Fly. By Don Cupitt. Approaches to Auschwitz. By Richard L. Rubenstein and John K. Roth. Natural Law and Justice. By Lloyd L. Weinreb. Christian Morality: The Word Becomes Flesh. By Josef Fuchs S.J., translated by Brian McNeil. Medicine in Contemporary Society: King's College Studies 1986–87. Edited by Peter Byrne. Military Ethics: Guidelines for Peace and War. By N. Fotion and G. Elfstrom. Choice: The Essential Element in Human Action. By Alan Donagan. Persons and Personality: A Contemporary Inquiry. Edited by Arthur Peacocke and Grant Gillet. The Rationality of Emotion. By Ronald de Sousa. The Psychology of Personality: An Epistemological Inquiry. By James T. Lamiell. Aesthetics: An Introduction to the Philosophy of Art. By Anne Sheppard. The Ascetic Element in Culture and Criticism. By Geoffrey Gait Harpham. Electric Language: A Philosophical Study of Word Processing. By Michael Heim. Education and Philosophical Anthropology: Toward a New View of Man for the Humanities and English. By David Holbrook. Evolution and the Humanities. By David Holbrook. Further Studies in Philosophical Anthropology. By David Holbrook. Women in Western Political Philosophy. Edited by Ellen Kennedy and Susan Mendus. The Light of the Soul: Theories of Ideas in Leibniz, Malebranche and Descartes. By Nicholas Jolley. Arnauld and the Cartesian Philosophy of Ideas. By Stephen M. Nadler. Later Medieval Philosophy : An Introduction. By John Marenbon. Either/Or. By Søren Kierkegaard, translated by Howard and Edna Hong, Princeton University Press, 1987: Vol. One, Wittgenstein. By A.C. Grayling. Questions on Wittgenstein. By Rudolf Haller. The False Prison: A Study of the Development of Wittgenstein's Philosophy. By David Pears, Oxford, Clarendon Press. Vol. One, The Later Wittgenstein: The Emergence of a New Philosophical Method. By S. Stephen Hilmy. Knowledge of God: Calvin, Einstein and Polanyi. By Iain Paul. Conceptual Change and Religious Practice with Special Reference to Jews in Britain and Israel. By Janice Williams. The World's Religions. Edited by Stewart Sutherland, Leslie Houlden, Peter Clarke and Friedhelm Hardy. Religions in Conversation: Christian Identity and Religious Pluralism. By Michael Barnes. Theravāda Buddhism, A Social History from Ancient Benares to Modem Colombo. By Richard Gombrich. Mahāyāna Buddhism, The Doctrinal Foundations. By Paul Williams. Hinduism in Great Britain: The Perpetuation of Religion in an Alien Cultural Milieu. Edited by Richard Burghart. The Way of the Black Messiah. By Theo Witvliet. The Meaning of Religious Conversion in Africa. By Cyril C. Okorocha. Common Ground: Christianity, African Religion and Philosophy. By Emmanuel K. Twesigye. Islamic Spirituality I: Foundations. Edited by Seyyed Hossein Nasr. The Great Cosmic Mother: Rediscovering the Religion of the Earth. By Monica Sjöö and Barbara Mor. Judaism and Christianity in the Age of Constantine. By J. Neusner. Language and the Worship of the Church. Edited by David Jasper and R.C.D. Jasper. The Urban Character of Christian Worship: The Origins, Development and Meaning of Stational Liturgy. By John E. Baldovin. Leontii Presbyteri Constantinopolitani Homiliae. Edited by Cornells Datema and Pauline Allen. Law, Sex and Christian Society in Medieval Europe. By James A. Brundage. Melchior Hoffman: Social Unrest and Apocalyptic Visions in the Age of Reformation. By Klaus D Alonso de Zorita: RoyalJudge and Christian Humanist, 1512–1585. By Ralph H. Vigil. Pedro Moya de Contreras: Catholic Reform and Royal Power in New Spain, 1571–1591. By Stafford Poole. Archbishop William Laud. By Charles Carlton. The Social History of Religion in Scotland since 1730. By Callum G. Brown. Pastors and Pluralism in Württemberg, 1918–1933. By David J. Diephouse. The Churches and the Third Reich, Vol. One: Preliminary History and the Time of Illusions, 1918–1934. By Klaus Scholder. Reforming Fundamentalism. Fuller Seminary and the New Evangelicalism. By George M. Marsden. The Hellenistic Philosophers Vol. II: Greek and Latin Texts with Notes and Bibliography. By A.A. Long and D.N. Sedley. Prayers of the Eucharist: Early and Reformed. Edited by R.C.D. Jasper and G. J. Cuming. The Way of Paradox: Spiritual Life as Taught by Meister Eckhart. By Cyprian Smith. Meister Eckhart: The Man from whom God Hid Nothing. Edited by Ursula Fleming. The Spiritual Exercises of St Ignatius Loyola: A New Translation. Translated by Elisabeth Meier Tetlow. Courtfield and the Vaughans: An English Catholic Inheritance. By Mary Vaughan. Trinity College, Washington D.C.: The First Eighty Years, 1897–1977. By Columba Mullaly. John Henry Newman on the Idea of Church. By Edward Jeremy Miller. Journey from Paradise: Aft Athos and the Interior Life. By Ralph Harper. (shrink)

'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called (...) basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism. (shrink)

In this article, the authors explore how technology has helped erode society’s conceptions of justice. Law, via juridification, has replaced the concept of justice with one of efficiency. The authors argue that this has been largely a result of the destruction of society’s common story or vision and the introduction of the computer and the Internet as tools enabling technique to replace that story. They offer a perspective on how justice operated in traditional societies, using the Judeo-Christian religious tradition. Finally, (...) the authors ask what might be done to recover the best features of what has been lost and create a new common story to help guide society’s conception of justice. (shrink)

The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalised courts of classical Athens and (...) of the early middle ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Abstract. The article discusses the importance of three extra-legal sources—divine inspiration, natural law, and morality—for a full understanding and effective application of law. Each source is seen as vital due to its ability to compensate for the shortcomings of the other two sources. No source, including belief, is seen as necessarily incompatible with the doctrinal pluralism characteristic of modern societies.

This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The author surveys the jurisprudence of the Inter-American Court of Human Rights through 2003 to determine how the Court’s practice can be used to guide the formulation of reparatory policies during political transition. Recognizing that the direct application of Inter-American case law to situations of mass atrocity is not always viable in practice, the author (...) analyzes regional human rights jurisprudence, particularly that relating to compensation, to determine what role the Court’s rules can and cannot play as a reference for policymakers and societies faced with the challenge of designing a reparations program. He concludes that while landmark Court decisions like Velásquez Rodríguez provide general normative guidance, there are significant obstacles to extending to the transitional justice context many of the measures, amounts, and formulas relied upon by the Court in awarding compensation. The fairness of compensation outside the courtroom cannot be determined with reference to predetermined rules, but depends on the factual context in which the measures are adopted including the number of victims involved. A better source of comparative inspiration is found in the Court’s growing practice of adopting non-monetary reparations measures to deal with moral harm. (shrink)