This article addresses the growing industry of retail socially responsible investment (SRI) profiled mutual funds. Very few previous studies have examined the final consumer of SRI profiled mutual funds. Therefore, the purpose of this study was to, in an exploratory manner, examine the impact of a number of pro-social, financial performance, and socio-demographic variables on SRI behavior in order to explain why investors choose to invest different proportions of their investment portfolio in SRI profiled funds. An ordinal logistic regression analysis (...) on 528 private investors revealed that two of the three pro-social variables had a positive impact on how much the consumer invested in SRI profiled funds. Moreover, there was proof of a non-altruistic motive for investing in SRI as consumers who perceive that financial return of SRI is equal or better than "regular" mutual funds, invested a greater proportion of their portfolio in SRI profiled mutual funds. Furthermore, the results showed that women and better-educated investors were more likely to invest a greater proportion of their investment portfolio in SRI. Overall, the findings indicate that both financial perceptions and pro-social attitudes are connected to consumer investment in SRI. (shrink)

The Perceptions of Conscience Questionnaire (PCQ) and the Stress of Conscience Questionnaire (SCQ) have previously been developed and validated within the ‘Stress of Conscience Study’. The aim was to revalidate these two questionnaires, including two additional, theoretically and empirically significant items, on a sample of healthcare personnel working in direct contact with patients. The sample consisted of 503 healthcare personnel. To test variation and distribution among the answers, descriptive statistics, item analysis and principal component analysis (PCA) were used to examine (...) the underlying factor structure of the questionnaires. Support for adding the new item to the PCQ was found. No support was found for adding the new item to the SCQ. Both questionnaires can be regarded as valid for Swedish settings but can be improved by rephrasing some of the PCQ items and by adding items about private life to the SCQ. (shrink)

In Western thought, it has been persistently assumed that in moral and political matters, people should rely on the inner voice of conscience rather than on external authorities, laws, and regulations. This volume investigates this concept, examining the development of the Western politics of conscience, from Socrates to the present, and the formation of the Western ethico-political subject. The work opens with a discussion of the ambiguous role of conscience in politics, contesting the claim that it is the best defense (...) against totalitarianism. It then look back at canonical authors, from the Church Fathers and Luther to Rousseau and Derrida, to show how the experience of conscience constitutes the foundation of Western ethics and politics. This unique work not only synthesizes philosophical and political insights, but also pays attention to political theology to provide a compelling and innovative argument that the experience of conscience has always been at the core of the political Western tradition. An engaging and accessible text, it will appeal to political theorists and philosophers as well as theologians and those interested in the critique of the Western civilization. (shrink)

Should Newman be designated a “Doctor of the Church”? This essay responds first by considering the history and meaning of the title “Doctor of the Church,” and then by examining the recent Norms and Criteria proposed by the Vatican Congregation for designating Doctrine of the Church.

Background: Troubled conscience among nurses and other healthcare workers represents a significant contributor to healthcare worker moral distress, burnout and attrition. While research in this area has examined critical care in hospitals, less knowledge has been obtained from long-term care contexts such as nursing homes, despite widely recognised challenges with regard to vulnerable patients, increasing workload and maintaining workforce sustainability among nurses. Objective: The aim of this study was to illuminate and interpret the meaning of the lived experience of troubled (...) conscience among registered nurses (RNs) working in nursing homes. Research design: This qualitative research employed narrative interviews with eight nurses to obtain essential meanings of their lived experiences of troubled conscience. The interview texts were analysed using a phenomenological hermeneutic approach. Ethical considerations: Participation was voluntary, informed and was conducted with written consent. The Norwegian Centre for Research Data approved the data processing of personal data. Findings: The analysis uncovered two themes: (1) troubled conscience means abandoning ideals, with the subthemes: failing dependent patients; being disloyal to colleagues; being inadequate in the performance of work tasks and (2) troubled conscience means facing realities, with the subthemes: accepting being part of the system; responding to barriers. Discussion: Troubled conscience meant experiencing continuous and simmering tension between one’s ideals and realities and feeling a drive to preserve accountability and one’s moral integrity. Endangered ideals were often under cross-pressure and included humanistic values, professional values, working life values and the values of the organisation. Conclusion: Nurses’ troubled conscience refers to a struggle, but also a force that plays out at various levels and arenas in long-term care. Openness and dialogue about how professional values and the welfare state’s intentions can be realised within the given framework are important for individual nurses’ occupational health as well as the quality of care provided to patients. (shrink)

At no time in the past century have there been fiercer battles over our public schools than there are now. Parents and educational reformers are challenging not only the mission, content, and structure of mass compulsory schooling but also its underlying premise—that the values promoted through public education are neutral and therefore acceptable to any reasonable person. In this important book, Rosemary Salomone sets aside the ideological and inflammatory rhetoric that surrounds today’s debates over educational values and family choice. She (...) offers instead a fair-minded examination of education for democratic citizenship in a society that values freedom of conscience and religious pluralism. And she proposes a balanced course of action that redefines but does not sever the relationship between education and the state. Salomone demonstrates how contemporary conflicts are the product of past educational and social movements. She lays bare some of the myths that support the current government monopoly over education and reveals how it privileges those of economic means. Through a detailed case study of recent controversy in a suburban New York school district, the author explores the legal and policy issues that arise when widely disparate world views stand in the way of political compromise on educational materials, techniques, and programs. Salomone builds a case for educational governance that places the developmental needs of the child at the center of family autonomy. She advances a plan that respects diverse values and visions of schooling while preserving the core commitments that bind our nation. (shrink)

The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or not (...) to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties. (shrink)

In a seventeenth-century English landscape populated with towering political and philosophical figures like Hobbes, Harrington, Cromwell, Milton, and Locke, William Penn remains in many ways a man apart. Yet despite being widely neglected by scholars, he was a sophisticated political thinker who contributed mightily to the theory and practice of religious liberty in the early modern Atlantic world. In this long-awaited intellectual biography of William Penn, Andrew R. Murphy presents a nuanced portrait of this remarkable entrepreneur, philosopher, Quaker, and politician.Liberty, (...) Conscience, and Toleration focuses on the major political episodes that attracted William Penn's sustained attention as a political thinker and actor: the controversy over the Second Conventicle Act, the Popish Plot and Exclusion Crisis, the founding and settlement of Pennsylvania, and the contentious reign of James II. Through a careful examination of writings published in the midst of the religious and political conflicts of Restoration and Revolutionary England, Murphy contextualizes the development of Penn's thought in England and America, illuminating the mutual interconnections between Penn's political thought and his colonizing venture in America. An early advocate of representative institutions and religious freedom, William Penn remains a singular figure in the history of liberty of conscience. His political theorizing provides a window into the increasingly vocal, organized, and philosophically sophisticated tolerationist movement that gained strength over the second half of the seventeenth century. Not only did Penn attempt to articulate principles of religious liberty as a Quaker in England, but he actually governed an American polity and experienced firsthand the complex relationship between political theory and political practice. Murphy's insightful analysis shows Penn's ongoing significance to the broader study of Anglo-American political theory and practice, ultimately pointing scholars toward a new way of understanding the enterprise of political theory itself. (shrink)

The Franciscan William of Ockham (c.1285-c.1347) was the greatest theologian and philosopher of the first half of the fourteenth century. Spurred on by the activities of a papacy which he saw as destroying the very foundations of his Order, he devoted the last part of his life to examining the extent of papal power over Christians and its relationship to the secular government of people. On the Power of Emperors and Popes (1347) is his last work. Short, passionate and lucid, (...) it represents a distillation of his thought on these questions and forms an excellent and accessible introduction to his political thought as a whole. The extensive new annotations to the text bring to light the range of sources on which Ockham drew, while the new introduction places the work in its historical context and relates it to other works of medieval Franciscan political discourse. Translated here into English for the first time, the work will be of interest to all students and researchers in the field of medieval political thought. --the first English translation of Ockham's classic work, plus extensive new introduction, textual annotation, and bibliography --modern editorial apparatus connects the work with the whole body of Ockham's political thought --the new annotation provides historical and intellectual context and translations of Ockham's source references. (shrink)

How does everyday, inauthentic Dasein dominated by das Man become authentic? The aim of this article is to answer this and other questions about Dasein's authenticity by carrying out an analysis of the 'call of conscience'. This analysis, in turn, provides insights about Dasein's possibility for ethical existence. We will see that even though there are some puzzling issues in Heidegger's explanation of Dasein in its everydayness and its authenticity, the Heideggerian Existential Analytic is not 'anti-ethical' as some have claimed. (...) We will also see that the Existential Analytic's commitment to the ontic raises doubts about Heidegger's claim that the Analytic is prior to any ethics and examine how reading Being and Time as a project of 'metontology' may dissolve these doubts. Finally, the paper offers a suggestion about the importance of 'authentic historicality' in a factical account of the moral life. (shrink)

This article examines the meaning and role of conscience in the political theology of John Calvin. It argues that the focus in Calvin scholarship on whether conscience makes political order possible without the aid of scripture is misplaced. Although Calvin views conscience as a providential gift that restrains evil to some degree, he puts forth this claim only as part of his defence of God's right to punish all humans eternally. Conscience, that is, renders humans 'inexcusable' before God. Thus, to (...) ask whether conscience makes political order possible in and of itself is to ask a question with which Calvin does not concern himself. Doing so obscures the real significance of conscience for Calvin's political theory: conscience as the starting point for the construction of a Christian polity. The torments of conscience prompt individuals to seek relief, driving them to Christ for salvation and forgiveness of their sins. This, in turn, leads them to submit willingly to the 'external aids' or 'outward helps' of the church and civil government in order to live just and virtuous lives. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

I develop here a Kantian framework for understanding conscience in order to examine whether moral flaws of psychopaths are traceable to their dysfunctional conscience. When understood as the reflective capacity for moral self-assessment that triggers certain emotional reactions, conscience proves to be a fruitful tool for explaining psychopathic moral incompetence. First, I show how the unrealistic moral self-assessment of psychopaths affects their competence in judging moral issues and in being motivated to act morally. I then highlight how focusing on this (...) specific rational deficit of psychopaths significantly modifies the status of rationalism within the contemporary dispute as to whether psychopathy supports sentimentalism exclusively. (shrink)

Two years ago, a group of philosophers and bioethicists published what they called a 'Consensus Statement on Conscientious Objection in Healthcare'. The statement, called the Brocher Statement because the group met at a foundation of that name in Geneva, sets out ten points that should 'inform, at the level of legislations and institutional policies, the way that conscientious objections in healthcare is regulated'. The statement proposes a very low threshold for compelling the performance of a practice in violation of conscience, (...) whether of an individual or of an institution, in healthcare. In so doing, it reflects the position advanced ten years earlier by the influential Australian philosopher, Julian Savulescu. Himself one of the group who proposed this 'Consensus Statement', Savulescu had claimed that '[a] doctor's conscience has little place in the delivery of modern medical care. What should be provided to patients is defined by the law and consideration of the just distribution of finite medical resources, which requires a reasonable conception of the patient's good and the patient's informed desires. If people are not prepared to offer legally permitted, efficient, and beneficial care to a patient because it conflicts with their values, they should not be doctors'. Such a policy would, I submit, fail to accommodate the legitimate scope for conscientious decision-making, which is at the heart of medical professionalism. (shrink)

Compared to other aspects of Kant’s practical philosophy, Kant’s theory of conscience remains relatively unexplored in the secondary literature on his work. This is no doubt due, at least in part, to the fact that in the Groundwork to a Metaphysics of Morals (henceforth: Groundwork) and the Critique of Practical Reason, Kant's two most widely read works on ethics, conscience plays very little role. However, Kant has extended discussions of conscience in three of his lesser read works: On the Miscarriage (...) of all Philosophical Attempts in Theodicy (henceforth: Miscarriage), the Religion within the Boundaries of mere Reason (henceforth: Religion), and the Metaphysics of Morals. There are also many unpublished notes in which Kant discusses conscience, and it may be conjectured, on the basis of extant copies of students’ notes, that conscience was a frequent topic in Kant’s lectures. As commentators have begun to play closer attention to these lesser read works, the literature on Kant’s theory of conscience has begun to develop. It is thanks to this development that this Element is possible: there is an emerging consensus that Kant’s theory of conscience is important both in its own right and insofar as it can help to correct various misunderstandings that have become part of the standard view of Kant’s ethical thought. This Element is divided into two parts. The first focuses on exegesis of Kant’s ethics. One of the overarching theses of this first part of the Element is that, although many of Kant’s claims about conscience are prima facie inconsistent, a close examination of context generally can dissolve apparent contradictions. The second part of the Element focuses on philosophical issues in Kantian ethics. One of the overarching theses of this part of the Element is that many positions traditionally associated with Kantian ethics, including the denial of moral luck, the nonaccidental rightness condition, and the guise of the objectively good, are at variance with Kant’s ethics. (shrink)

This examination of a fundamental but often neglected aspect of the intellectual history of early modern Europe brings together philosophers, historians and political theorists from Great Britain, Canada, the United States, Australia, France and Germany. Despite the diversity of disciplines and national traditions represented, the individual contributions show a remarkable convergence around three themes: changes in the modes of moral education in early modern Europe, the emergence of new relations between conscience and law (particularly the law of the state), (...) and the shared continuities and discontinuities of both Roman Catholic and Protestant moral culture in relation to their medieval past. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

An essay on the philosophy of human nature in Islam, this article examines the views of contemporary Western thinkers to creatively rethink the concept of fiṭra, not only from a theological perspective but also a scientific perspective. Drawing upon Islamic scholarship and previous research on the subject that explore the wide spectrum of connotations couched in the Arabic term fiṭra in comparison with Western perspectives, this study offers a fresh look at, and approach to, the concept of human disposition or (...) primordial nature, giving special attention to the biological, epistemological, and ethical dimensions, while most studies of fiṭra focus mainly on the theological and spiritual sides. It is hoped that this conceptual analysis will serve as a stepping stone towards a more nuanced understanding of fiṭra not only as (i) a natural tendency to act or think in a particular way, but also as (ii) the religious instinct, (iii) the power of the mind to think and understand in a logical way, and (iv) the inner voice or conscience of what is right and wrong in one’s conduct or motives that drives the individual towards right action. (shrink)

The aim of this work was to elaborate on the author’s previously published hypothesis of the Soul of Multiverse, a suggested cosmic phenomenon that also appears to imbue the human Soul across its individual and noospheric scales. Without alternatives, the method of analysis continued to rely on the approach of cosmological neuroscience, which integrates scientific facts, religious insights, philosophical suggestions, engineering rules and artistic tools to grasp the complexity of the multidimensional phenomenon of Soul. The result of this examination (...) was the multilayered thought that just as the central medium of human Soul, the hypothesized prefrontal cortical supercircuitry of Self-Ken, seems to comprise domains representing Identity, Conscience, Will and Mission, analogous domains may also function in the noospheric and cosmic Souls. Regarding the human Soul, its four domains appear to be determined by both hereditary genetic and encountered environmental factors to present its host with a Mission enabling his or her mental engine and physical features to integrate into the surrounding society and space-time in the most meaningful and dignified way—if that way is undertaken. Regarding the noospheric Soul, it is made of individual human Souls interacting with the non-living system of interconnected computers to produce functions accessible to humans all over the world through uncontrolled communication across the Internet. Its most probable Mission is to let this global presence acquire its own Identity, develop its own Conscience and refine its own Will, so that their coherent, superior whole can be ready for sensing the cosmic Soul. Regarding the cosmic Soul, the hypothesized Soul of the Multiverse, its Identity appears to express the Laws of Mystery of Endlessness, Coexistence in Diversity, and Truth in Complexity. Further, its Conscience seems to be moved by the Law of Divine—Evil Asymmetry, its Will by the Law of Determination with Uncertainty, and its Mission by the Law of Lives to Transcend. (shrink)

In this article, we examine the effect of corporate social responsibility (CSR) on firms' financial performance (CSR-effect). Two competing hypotheses, social impact hypothesis and shift of focus hypothesis, are proposed to investigate this issue, where the former suggests that CSR has a positive relation with performance and the latter are opposite. In order to ensure the CSR-effect is not contaminated by other faeton or samples are randomly drawn, we employ four matching methods, Nearest, Caliper, Mahala and Mahala Caliper to match (...) the samples of CSR (CSR-firms) and without CSR (NonCSR-firms) with similar characteristics. Although four methods yield slightly different results, firms engaging in CSR activities tend to obtain significantly higher values on pretax income to net sales and profit margin, and adopting CSR at the very least not deteriorate the performance of firms, making our con clusion favors the social impact hypothesis and against shift of focus hypothesis in Taiwan. Thus, ambition and conscience are not conflicting with each other. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

Conscience can err. Yet erroneous conscience still seems binding in that it is likely to be morally wrong to ignore the call of conscience. Meanwhile, it seems equally wrong to act according to such a wrong judgment of conscience. The moral dilemma of erroneous conscience poses a challenge to any coherent theory of conscience. In light of this, I will examine Aquinas’s reflections on the psychological mechanism of erroneous conscience and reconstruct a sophisticated explanation of the obligatory force of erroneous (...) conscience, in which the conscientious integrity of the agent is intimately integrated with the sovereignty of divine law. Next, I will appeal to Aquinas’s distinction between the judgment of conscience (iudicium consentiae) and that of free decision (iudicium liberi arbitrii) to show that the judgments pertaining to conscience are purely cognitive rather than affective. This analysis will also help specify in what sense we can tolerate conscience’s wrong judgments. (shrink)

The aim of this essay is to demonstrate three main points: that many of the widespread appeals made to conscience in the time of COVID display little understanding of conscience’s fundamental nature; that they assume for conscience a sacrosanct status it does not possess; and that because of the first two points, conversation regarding conscience and COVID has generated considerable confusion. In support of these points, this paper shows what conscience is, employs St. John of the Cross’s examination of (...) attachments to suggest that possession of a well-formed conscience is frequently a most difficult achievement, and examines various expressions associated with the COVID debate to illustrate how much of the conversation has stemmed from or resulted in little real understanding. (shrink)

This paper examines the tensions in classical liberal theory ? particularly that of Locke and Kant ? between reason and conscience, and in contemporary liberal theory between the demands of reasonableness and the dictates of conscience. We intend to show that the relationship between reasonableness and conscience is both unstable and necessary; on occasions there seems to exist a moral obligation to provide public reasons for our conduct and at other times the silent call of conscience precludes public justification of (...) conscientious objection or dissent. (shrink)

The concept of consciousness in ancient Greek philosophy, concerns the internal autonomy and philosophical freedom from the condemnation of ignorance of both the foreign and the domestic world. The ancient Greek philosophers pointed out the value of the dialectic with the inner self to the problem of moral conscience and handed us a legacy of values and the primacy of reason. The concept of moral consciousness in ancient Greek philosophy. The article examines the concept of moral consciousness in ancient Greek (...) philosophy. The purpose of the article is to investigate the moral question related to whether moral concepts have a subjective or an objective basis. In addition, the article demonstrates the unaffected by time significance of the concept of moral consciousness, as well as its connection with the reality of moral concepts, moral propositions, moral judgments, moral man, moral law, moral idealism, moral naturalism and moral relativism. Moral consciousness is the mirror of our self-knowledge. (shrink)

When evaluating religious accommodation claims, courts refrain from examining the relationship between the specific claim and the common religious practice of the relevant religion. This paper rethinks this doctrine. I argue that it stems from understanding religious accommodation as a protection of conscience. This idea itself suffers from conceptual and practical challenges, which can be mitigated if we understand religion as a communal function of conscientious actions. The communal aspect bears practical and moral significance, and I explore three dimensions of (...) it: the epistemic implications; its effect on constituting moral obligations toward others; and its importance as part of one’s culture. A communal-conscientious approach to religion can mitigate many challenges that confront conscience accommodation. This suggests that the relationship between the individual’s claim and their communal practice is crucial and should be evaluated by courts. I conclude by outlining the main considerations for creating a new, nuanced doctrine. (shrink)

The figure of the sovereign individual has stood for about two decades at the center of an exegetical debate concerning its identity and ideality. What is often lost sight of in these debates is the role of the sovereign individual in Nietzsche’s genealogy of guilt and bad conscience in the Genealogy’s second essay. I argue for the following claims. First, that the figure of the sovereign individual is not a singular occurrence in Nietzsche’s published writings but is present in sections (...) from Daybreak and The Gay Science that have not been pursued in this context in the Anglophone literature; sections that shed new light on the sovereign individual. Second, that examination of these texts reveals that the sovereign individual is for Nietzsche embodied by Socrates and the Socratic individual. Third, and most importantly, that with the sovereign individual there emerges individualized conscience – the capacity for self-laceration that concerns one’s misdeeds alone and involves the belief that one’s misdeeds are entirely one’s own individual fault, rather than the fault of the community or the gods. A fourth, rather negative consequence, is that at the end of the day Nietzsche, in the Genealogy, does not manage to provide us with a genealogy of moral guilt. (shrink)

ABSTRACTThe figure of the sovereign individual has stood for about two decades at the center of an exegetical debate concerning its identity and ideality. What is often lost sight of in these debates is the role of the sovereign individual in Nietzsche’s genealogy of guilt and bad conscience in the Genealogy’s second essay. I argue for the following claims. First, that the figure of the sovereign individual is not a singular occurrence in Nietzsche’s published writings but is present in sections (...) from Daybreak and The Gay Science that have not been pursued in this context in the Anglophone literature; sections that shed new light on the sovereign individual. Second, that examination of these texts reveals that the sovereign individual is for Nietzsche embodied by Socrates and the Socratic individual. Third, and most importantly, that with the sovereign individual there emerges individualized conscience – the capacity for self-laceration that concerns one’s misdeeds alone and involves the belief that one’s misdeeds are entirely one’s own individual fault, rather than the fault of the community or the gods. A fourth, rather negative consequence, is that at the end of the day Nietzsche, in the Genealogy, does not manage to provide us with a genealogy of moral guilt. (shrink)

Over the past decade, scores of articles have been published debating whether and when it is ethical for physicians to refuse requests from patients for legal, professionally permitted interventions. Numerous voices have condemned "conscientious refusals" for obstructing patients' access to needed and "standard" health-care services, for imposing physicians' personal ideologies on patients, and for contradicting physicians' professional ethical obligations. Conversely, other voices argue that conscientious refusals are essential for maintaining the integrity of clinicians as moral agents, for assuring the renown (...) of the broader medical profession, and for preventing the imposition of moral viewpoints onto minorities... (shrink)

An eloquent and passionate examination of the opposition between Protestant conscience and Enlightenment reason in the seventeenth and eighteenth centuries.

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...) in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from the ancient philosophical perspective inherent in the fundamental assumptions and ideas of Plato’s political philosophy and epistemology. It then considers the contemporary problem of sovereignty in the context of international law by examining Louis Henkin’s formulation of and approach to it in his essay That S-Word: Sovereignty, and Globalization, and Human Rights, Etc. Finally, the essay articulates Nietzsche’s views on intellectual conscience, discusses their merits and advantages when used in dealing the problem of sovereignty in the context of international law, and proposes a solution to this problem that draws on the philosophies of Nietzsche, Novalis, Kant and Plato. The essay illustrates the relevance and advantages of this solution by examining the issue of states’ reservations to international treaties and conventions. (shrink)

ABSTRACTThis chapter looks briefly at the religious roots of the notion of ‘conscience’ in the Judaeo-Christian tradition, before examining the rise in the early-modern period of a ‘naturalizing’ approach that tries to explain our moral capacities in purely empirical terms, by reference to our natural inclinations and drives. The problem with this approach, highlighted by Joseph Butler, is that it fails to account for the authority or ‘normativity’ of the deliverances of conscience. An examination of the naturalistic approaches of (...) J.S. Mill, Charles Darwin and Sigmund Freud shows that none of them manages to escape the difficulty. It is suggested in conclusion that only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives. (shrink)

Is there a specifically "Hobbesian moment" in the extremely complex history of the idea of conscience? In order to answer this question and to understand why Hobbes's conception of conscience was so innovative, one needs to look at the materials he used to build his system, including the medieval doctrine of synderesis. The article examines the way this doctrine was both perpetuated and altered in Renaissance England.

In this article I propose to examine Bishop Butler's view of the nature of moral judgment, the epistemological problem which so greatly exercised some of the British moralists of his age. I have discussed the views of four of them in The Moral Sense. The problem seems to have been peculiarly lacking in interest for Butler. This may seem at first sight an odd statement: the moral faculty, or conscience, it would be said, is the chief subject of Butler's moral (...) writings. This is true enough. But although Butler's description of the working of conscience is unsurpassed, he gives no clear definition of the faculty. That is, he does not clearly consider the question whether the moral faculty can be said to be identical with some faculty usually called by another name, or whether it is sui generis. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals (if repeated) (...) are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

First in the Phenomenology and then in the Elements of the Philosophy of Right, Hegel rejects Fichte’s notion of conscience on the grounds that it leads to despair. He also criticizes Fichtean conscience as purely “formal” and “abstract” and compatible with any content, which it can obtain only arbitrarily from the manifold of one’s natural drives and inclinations. For Hegel, there is an unresolvable tension between the claimed “universality” of a conscientious deed and the natural particularity of every moral agent, (...) which ultimately leads to ethical egoism and hypocrisy. The aim of this paper is to show, first, that Hegel misrepresents key aspects of Fichte’s position and, second, that Fichte possesses the resources to respond successfully to most of Hegel’s criticisms. In order to grasp this one must closely examine Fichte’s subtle and often misunderstand account of moral deliberation and conscientious decision-making and the relation of the same to his larger account of I-hood. (shrink)

The nature and limits of the physician's professional responsibilities constitute core topics in clinical ethics. These responsibilities originate in the physician's professional role, which was first examined in the modern English-language literature of medical ethics by two eighteenth-century British physician-ethicists, John Gregory and Thomas Percival. The papers in this annual clinical ethics number of the Journal explore the physician's professional responsibilities in the areas of surgical ethics, matters of conscience, and managed care.

This article draws a connection between the faculty of conscience and the capacity for embodied feeling. It suggests that the capacity to engage with conscience and the ability to be responsive to oneself and to others at a sensate level are directly connected and that through embodied practices of sensing and feeling one can cultivate forms of personal conscience, which, in these terms, is not just an intellectual or cognitive moral capacity but is also related to the capacity for sensate (...) experience that is informed by the ability to feel our own bodies. If one cultivates a sensate relationship with oneself, with others, and with society, a deeper level of embodied feeling and a growing responsiveness to the world can emerge, and for me this is called conscience. Conscience involves making a relationship with the world in a particular way, one that is responsive and responsible to it. Yet I contend that understanding the centrality of sensate experience for critical conscience tends to be foreclosed in many contemporary theoretical discussions due to an emphasis upon the body as a site of normalization and subjection. In this article I examine the pitfalls of approaches to embodiment that are overly so focused, and I contrast them with an approach to conscience that highlights sensation and embodied responsiveness. I moreover argue for the potential significance in moral and political terms of particular embodied practices that ignite and empower bodily sensation for the cultivation of conscience. (shrink)

The article describes the problem of the consistency of the medical conscience clause in the Polish legal system. In the first part of the paper, I outline an account of conscience as the ultimate norm of morality. In its second part, I discuss the meaning of conscience clause and its legal status. Part three examines some criticisms of the clause in its present form. The main criticism is that the clause is self-referential, which in some cases leads to absurdity.

Although it is now widely acknowledged that Hegel’s political philosophy is based freedom, there is still divided opinion regarding the role of conscience within Hegel’s Philosophy of Right. In fact, it is often claimed that Hegel allows insufficient room for conscience within the political realm he describes. This article responds to such criticism and argues that Hegel allocates an irreducible function for conscience within his political state. It begins by examining the emergence of conscience within the morality section of the (...) text and then continues to establish what happens to the conscience during the Aufhebung of morality into ethical life . It argues that, during this dialectical transition, all the essential moments of moral conscience are preserved in the true conscience of ethical life. This article puts forward a reading of true ethical conscience that combines its right to subjective reflection alongside its respect for objective institutions, thus demonstrating that conscience can operate as a meaningful part of Hegel’s political state. (shrink)

This is the first study of guilt from a wide variety of perspectives: psychology, psychiatry, psychoanalysis, evolutionary psychology, anthropology, six major religions, four key moral philosophers, and the law. Katchadourian explores the ways in which guilt functions within individual lives and intimate relationships, looking at behaviors that typically induce guilt in both historical and modern contexts. He examines how the capacity for moral judgments develops within individuals and through evolutionary processes. He then turns to the socio-cultural aspects of guilt and (...) addresses society's attempts to come to terms with guilt as culpability through the legal process. This personal work draws from, and integrates, material from extensive primary and secondary literature. Through the extensive use of literary and personal accounts, it provides an intimate picture of what it is like to experience this universal emotion. Written in clear and engaging prose, with a touch of humor, _Guilt_ should appeal to a wide audience. (shrink)

The author, an experienced psychiatrist and professor, examines the feeling of guilt in different times, places, cultures, religions, and contexts.

In "Confronting the Truth", Hogan gives readers a balanced, clearly written examination of conscience in the Catholic tradition.

The Rise of Politics and Morality in Nietzsche’s Genealogy examines Nietzsche’s account of the origin of political society and moral life in the Second Essay of his On the Genealogy of Morals. It argues this account is coherent and grounded in Nietzsche's understanding of nature and the will to power.