This essay concerns itself with the methodology of practical ethics. There are a variety of methods employed in ethics. Although none have been firmly established as dominant, it is generally agreed that casuistry, or the case-based method, is one important strategy commonly used for resolving ethical issues. Casuists compare the case under consideration to a relevantly similar precedent case in which judgements have already been made, and they use these earlier judgements to determine the proper resolution of the present case. (...) In this article, I try to provide a better understanding of the nature of contemporary casuistry. To accomplish this, I explain the basic features of casuistic reasoning. The second section focuses on the logic of casuistry. By assessing casuistic reasoning from the logical viewpoint, casuistry can be reconstructed as a logically correct method of reasoning. The third section looks at casuistry from the epistemic point of view and investigates the justificatory force of casuistic reasoning. Finally, in the fourth section, I show the usefulness of formal casuistry. (shrink)

This paper assesses the epistemic challenges of giving nutrition advice to elite athletes in light of recent philosophical discussion concerning evidence-based practice. Our trust in experts largely depends on the assumption that their advice is based on reliable evidence. In many fields, the evaluation of the reliability of evidence is made on the basis of standards that originate from evidence-based medicine. I show that at the Olympic or professional level, implementing nutritional plans in real-world competitions requires contextualization of knowledge in (...) a way that contravenes the tenets of evidence-based thinking. Nutrition experts need to be able to combine and apply evidence from multiple sources, including the previous successes and failures of particular athletes. I argue that in this sense, the practice of elite sport nutrition embodies casuistic reasoning. (shrink)

Journal of Philosophy of Education, EarlyView.

This paper examines medical writing in Karl Philipp Moritz’ Journal of Empirical Psychology by looking at the alterations Moritz made to his sources. It shows how he rearranged the data in order to introduce a new type of text into psychology: the case or case study. He did so by altering the main parts of a report that had been published a few years earlier. In rewriting the report, Moritz introduced not only a new type of text but also a (...) style of reasoning; i.e. the casuistic form of thinking that became more widely acknowledged only later in the course of experiential psychology. The paper thus links writing techniques in psychology to the rise of a type of text and a new style of reasoning. (shrink)

When a company raises its share price by sacking workers or polluting the environment, it is avoiding paying real costs. Accountancy, which quantifies certain rights, needs to combine with applied ethics to create a "computational casuistics" or "moral accountancy", which quantifies the rights and obligations of individuals and companies. Such quantification has proved successful already in environmental accounting, in health care allocation and in evaluating compensation payments. It is argued that many rights are measurable with sufficient accuracy to make them (...) credible and legally actionable. (shrink)

In the absence of a well articulated conceptual framework for nursing ethics, this article argues for a theory of applied ethics - casuistics - used within a clinical reasoning model, to analyse the complicated issues presented in three cases involving adolescents receiving treatment for abuse through a rural alternative learning centre. The clinical nurse specialist, as an independent practitioner within the community, is presented with many ethical challenges arising from cultural diversity. The inherent independent nature of such practice environments combined (...) with the pluralism which exists in today's multicultural society demands that professional nurses working in these circumstances develop and utilize an ethical framework for the analysis of patient care in situations that involve moral conflict. (shrink)

This paper addresses the question: Who or what can have a moral status in the sense that we have direct moral duties to them? It argues for a biocentric answer which ascribes inherent moral status value to all individual living organisms. This position must be defended against an anthropocentric position. The argument from marginal cases propounded by Tom Regan and Peter Singer for this purpose is criticised as defective, and a different argument is proposed. The biocentric position developed here is (...) related to that of Albert Schweitzer and Paul F. Taylor, but rejects their assumption of equal inherent value for all living organisms. It argues instead for equal moral status value for moral persons and agents, and gradual moral status value for nonpersons, depending on their degree of similarity with moral persons. Mary Ann Warren's recent book on Moral Status is also discussed. The argument is constructed as a casuistic argument, proceeding by analogical extension from persons to non-persons. The meta-ethical question of its pragmatic validity is discussed. (shrink)

Both communitarianism and casuistry have sought to restore ethics as a practical science—the former by incorporating various traditions into a shared definition of the common good, the latter by considering the circumstances of each situation through critical reasoning. Mark G. Kuczewski analyzes the origins and methods of these two approaches and forges from them a new unified approach. This approach takes the communitarian notion of the person as its starting point but also relies upon the narrative and analogical tools of (...) case-based reasoning. He separates out the rhetoric that is incongruent with the Aristotelian aspirations of each method to show that the two are complementary, and that consensus can emerge from fragmentation. He then applies his resulting method to three major problems in bioethics: the difficulties that the issue of personal identity poses for advance directives, the role of the family in medical decision making, and the refusal of treatment because of religious beliefs. He analyzes the need to assume a communitarian notion of the person as a starting point for the application of casuistic insights. Combining theoretical, practical, and scholarly insights, this book will be of interest to philosophers, political and social scientists, and bioethicists. (shrink)

The conciliationist and steadfast approaches have dominated the conversation in the epistemology of disagreement. In this paper, drawing on Jennifer Lackey’s justificationist approach and the casuistry paradigm in medical ethics, I will develop a more contextual epistemology of political disagreement. On this account, a given political disagreement’s scope, domain, genealogy, and consequence can be helpful for determining whether we should respond to that disagreement at the level of our confidence, beliefs, or with policy. Though some may argue that responding with (...) policy is a practical consideration instead of an epistemic matter, I argue that even policy responses to disagreements have an epistemic dimension to them that we should not ignore. (shrink)

al-Qurṭubī (d. 671/1273) was a scholar of tafsīr, ḥadīth and fiqh. He experienced both Western and Eastern civilizations in the geography of Andalusia and Egypt, respectively. In his famous Tafsīr called al-Jâmi li-Aḥkâm al-Qur’ān, al-Qurṭubī comparatively explained and interpreted all legal verses. Also, in addition to exploring the spesific legal rulings denoted in the Qur’ān and the Sunnah, al-Qurṭubī has largely interpreted the legal norms regarding the issues of jurisprudence. By doing this, al-Qurṭubī contributed to the formation and development of (...) a civil codification activity under a kazuistic format. The casuistic structure of the legal exegesis of the Qur’ān is anlaysed in terms of the form and content in the sample of al-Jâmi. Therefore, neither the similarity or similarity of the schools of the legal exegesis of Qur’ān and of the legal schools nor the disciplines of positive law, but their kazuistic structures, which systems they built and which interpretation methods and techniques they operated on this basis, were evaluated in terms of their original structure. In this direction, the article emphasizes that the casuistic structure of the legal exegesis of Qur’ān is established on and by the Prophet’s sayings and practices. Although, it has been observed that it is a unique tradition, both as form and content, and that the interpretation means are identified with its own unique structure, it has been concluded that the casuistic method is not one of the fundamental elements of both this tradition and Islamic legal thought. This means that the casuistic method is always a tool that can be changed and transformed according to the conditions of time and space.Summary: As it is stated in al-Isrāʾ 17/106: “And (it is) a Qur’ān which we have separated (by intervals) that you might recite it to the people over a prolonged period. And we have sent it down progressive.”, the Qur’ān is revelaed in about twenty-three years by taking into consideration the sociocultural positions of its interlocutors. The Prophet Muḥammad explained the Qur’ān by the virtue of the ayah: “(We sent them) with clear proofs and written ordinances. And We revealed to you the message (i.e. that you may make clear to the people what was sent down to them and that they might give thought.” (an-Naḥl 16/44). Of course, there is no subject integrity in this Qurānic chronology-which also reflects life. As a matter of fact, the issues related to individual and society have been independently analyzed by a casuistic/case-based method and ruled in accordance with the intention of Allāh. It can be seen that the ayahs “They ask you about wine and gambling. Say, ‘In them is great sin and (yet, some) benefit for people. But their sin is greater than their benefit.’ And they ask you what they should spend. Say, ‘The excess (beyond needs).’ Thus Allāh makes clear to you the verses (of revelation) that you might give thought.” (al-Baqara 2/219) and other ayahs such as (al-Baqara 2/186; al-Nisāʾ 4/176; al-Anfāl 8/1) reflect the casuistic method in terms of form and content. This can also be exemplified by the Sunna. For example, when the question “Is it permissible to perform ablutions with sea water?” was posed to Messenger of Allāh. He said that “It’s water is clean and his dead (fish) are lawful “(Abū Dāwūd, “Ṭaḥāra”, 41). By this answer, the Prophet Muḥammad indeed ruled and established a general rule.It can be said that this early example table formed the basis of the legal exegesis of the Qur’ān in terms of origin, source and application, and that its shape and content are often immanent in the examples it contains. In this article, based on the prophetic period, the legal exegesis of the Qur’ān and casuistic structure has been studied with an analytical and critical approach. Again, because the casuistic method is one of the universal concepts of east-west science and cultural life, an interdisciplinary approach was exhibited in this study. The roots of the casuistic method date back to 5000 BC and the legal systems of the society and states of antiquity are examined from this method. This method is chosen and used in the legal exegesis of the Qur’ān. However, this study does not analyse the sameness or the similarity of the legal exegesis of the Qur’ān and the legal schools nor the positive law disciplines, but the casuistic structures used by these, the systems they have built on this basis and the interpretation methods and techniques they have been used and analyzed in terms of their originality.In effect, the article embodies the Qur’ānic exegesis called al-Jâmi li-Aḥkâm al-Qur’ān by al-Qurṭubī (d. 671/1273), a scholar of tafsīr, ḥadīth and fiqh. In addition to the works of the aḥkām al-Qur’āns, which deal with the interpretation of the ayahs related to the subjects of ʿibādāt, muʿāmalāt ve ʿuḳūbāt, many other works have been used in parallel with the development of the legal exegesis of the Qur’ān. al-Qurṭubī, who comparingly explained the legal verses in his tafsīr, investigated the aspects of the Qur’ān and Sunna that indicate the aḥkām, generally interpreted the existing legal norms within the framework of evidence and introduced his own opinions and etasblished his ijtihād. Thus, he benefited from the tafsīr accumulation and contributed to the formation and development of a civil legalization activity with casuistic format. As a matter of fact, the casuistic/case-based method has been used as a codification/tadwīn technique by Western and Eastern legal disciplines and systems. The casuistic method covers both concrete event and abstract ruling methods. In the casuistic method, which is fact-based event, the laws are organized according to all possible events that can be experienced. On the other hand, the abstract method, which is defined as the abstract ruling method, aims to organize the laws in a general and abstract framework. In the article, it is stated that the legal exegesis of the Qur’ān contains both concrete and abstract dimensions in its own way. It has been emphasized that the legal exegesis of the Qur’ān is based on divine revelation (waḥy) and that it is separated from human law as its origin and source, and that this feature is its most faithful characteristic. On this basis, the legal exegesis of the Qur’ān is a separate scholarly tradition and has its own definition, subject and purpose. Its original structure and function have been noted. As a matter of fact, the subject and purpose of the legal exegesis of the Qur’ān always require the tafsīr and taʾwīl of the legal verses having regard to the Qur’ān and Sunna. It is also necessary for the purpose of investigating the ways in which nuṣūṣ (an explicit statement upon which a ruling is based) can refer to the provisions and to resolve the issues related to individuals and society. As a matter of fact, the legal verses function as a guide for humanity until the day of judgment as the inspiration for religious-legal matters; they contain the content and provisions that offer happiness in the two worlds. (shrink)

This paper considers the role of ‘vices of culture’ in Immanuel Kant’s account of radical evil and education. I argue that Kant was keenly aware of a uniquely human tendency to allow a self-centered concern for status to misunderstand or co-opt the language of dignity and equal worth for its own purposes. This tendency lies at the root of the ‘vices of culture’ and ‘aggravated vices’ that Kant describes in the Religion and Doctrine of Virtue, respectively. When it comes to (...) moral education, then, it will be crucial that the developing agent have a clear understanding of the shared dignity of rational agents and the particular duties that are defined, in part, by their tendency to alter status among agents. I argue that the casuistical questions that Kant attaches to these discussions in the Doctrine of Virtue are an example of a pedagogical device that might help pupils to overcome this tendency so closely associated with radical evil. (shrink)

Since its inception in the early 1990s, evidence-based medicine (EBM) has become the dominant epistemic framework for Western medical practice. However, in light of powerful criticisms against EBM, alternatives such as casuistic medicine have been gaining support in both the medical and philosophical community. In the absence of empirical evidence in support of the claim that EBM improves patient outcomes, and in light of considerations that it is unlikely that such evidence will be forthcoming, another standard is needed to (...) assess EBM against its alternatives. In this paper, I propose a set of criteria for this purpose based on Helen Longino's criteria for assessing the objectivity of a knowledge productive community. I then apply these criteria to assess EBM against a casuistic framework for medical knowledge. I argue that EBM's strict adherence to a hierarchical organization of knowledge can reasonably be expected to block it from fulfilling a high level of objectivity. A casuistic framework, on the other hand, because it emphasizes critical evaluation in conjunction with the flexibility of a case-based approach, could be expected to better facilitate a more optimal epistemic community. (shrink)

This paper will survey and assess the ways in which moral thinkers in the early modern tradition of casuistry considered a range of cases of conscience (casus conscientiae) relating to lying, deception, and witholding the truth. Arguing that the position of the casuists has been unjustly maligned — not least by Pascal's brillant yet partizan Les Proviniciales — casuistical theories of lying and simulation will be placed in a broad intellectual context which will examine attihules to mendacity among early modern (...) medical writers, political theorists, anbl philosophers. Contrasting casuistical theoriessuch as equivocation and mental reservation with the approach to lying of other early modern writers, the lecture will advancfcahe view that the casuists promulgated a conceptual outlook on the differences betweefc lying and deception which is of inherent interest, and which helps to clarify some of the salient issues that attend a philosophical account of lying. (shrink)

This paper considers the role of ‘vices of culture’ in Immanuel Kant’s account of radical evil and education. I argue that Kant was keenly aware of a uniquely human tendency to allow a self...

In recent years, science and technology have made great progress towards a better understanding of fundamental biological mechanisms of the diseases. Physicians, relying just on their own clinical experience, have long recognized that each patient is different from every other patient in many aspects. It is a matter of simple facts that many patients die without responding to any treatment, while others with the same disease survive. In oncology, the variability of treatment response has been a long-standing problem. Nowadays, thanks (...) to genomics and post-genomics advancements, we have identified an indication for that individual variability: tumor heterogeneity. Each tumor has a different genomic basis... (shrink)

Since the 1960s Christian ethics in Britain has become stronger, more theological, and more Protestant, so that its moral intelligence is now much more fully informed by the full range of theological premises. In the future, however, Christian ethics needs to make up certain recent losses: to re-engage with moral philosophy, in order to rebut the glib dismissal of religious ethics by popularising atheists; to read less philosophy and more history, in order to become plausible to public policy-makers; and to (...) revive the model of interdisciplinary work, in order both to understand the matter which it would interpret morally and to inject Christian analyses and judgements into the bloodstream of public discourse. (shrink)

: This article draws upon the Roman Catholic distinction between "ordinary" and "extraordinary" means of medical treatment to analyze the case of "Jodie" and "Mary," the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O'Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes (...) various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used in other cases that raise similar issues, including women facing crisis pregnancies who prefer abortion to adoption and the Indiana "Baby Doe" case. (shrink)

At the level of theoretical foundations, contemporary bioethics is to a large extent Balkanized. Without difficulty, one can find contributions from communitarians, consequentialists, and feminists, as well as those who advocate an and The problem is not so much the wide diversity of views as the lack of agreement over the basics of medical ethics. For that reason alone, any attempt to find some harmony among these many diverse voices is a welcome addition to the literature. FragmentationandConsensus is such an (...) attempt. Kuczewski argues that both communitarianism and casuistry can be understood as neo-Aristotelian approaches to ethics, and that once these views are communitarianism and casuistry are found to be highly complementary. In the process of constructing his theory, Kuczewski also finds room for liberal political theory and narrative ethics. The resulting amalgam is interesting, and the project ambitious. (shrink)

Casuistic methods of reasoning in medical ethics have been criticized by a number of authors. At least five main objections to casuistry have been put forward: (1) it requires a uniformity of views that is not present in contemporary pluralistic society; (2) it cannot achieve consensus on controversial issues; (3) it is unable to examine critically intuitions about cases; (4) it yields different conclusions about cases when alternative paradigms are chosen; and (5) it cannot articulate the grounds of its (...) conclusions. Two main versions of casuistry have been put forward, and the responses to these objections depend in part on which version one is defending. Jonsen has advocated a version modeled on the approach to casuistry used by moral theologians in the 15th and 16th century, involving comparison of the case at hand with a single paradigm and a lineup of cases. The present author has advocated another version, drawn from experience with cases in clinical ethics, which involves comparing the case at hand with two or more paradigms. Four of the five objections are unsuccessful when directed against Jonsen'sapproach, and all of them are unsuccessful when directed against the approach involving comparison with two or more paradigms. (shrink)

The surge of religious fundamentalism is a present reality. This way of reasoning breeds ideologies that are both religious and political in nature and mount themselves against a perceived threat or enemy in order to protect their identities. These ideologies elevate certain fundamentals of a particular religion or life- and worldview to absolutes and interlace their ideas and methods around these absolutes. With a strong reactionary attitude, fundamentalist ideologies and religions easily resort to extremism, militancy, abuses of human rights and (...) even violence. Religious fundamentalist movements share certain characteristics, although they also express features that are particular to the religious tradition from which they emerged. They have many characteristics in common, and this fact points to the possibility that fundamentalist movements emerge under the impact of rather similar processes of social transformation. The purpose of this article is to identify, by way of a comparative literary study, the most outstanding characteristics of religious fundamentalism as it appear in its most prominent manifestations in today’s world. (shrink)

Recent advances in genomic research have led to the development of new diagnostic tools, including tests which make it possible to predict the future occurrence of monogenetic diseases (e.g. Chorea Huntington) or to determine increased susceptibilities to the future development of more complex diseases (e.g. breast cancer). The use of such tests raises a number of ethical, legal and social issues which are usually discussed in terms of rights. However, in the context of predictive genetic tests a key question arises (...) which lies beyond the concept of rights, namely, What should we want to know about our future? In the following I shall discuss this question against the background of Kant’s Doctrine of Virtue. It will be demonstrated that the system of duties of virtue that Kant elaborates in the second part of his Metaphysics of Morals offers a theoretical framework for addressing the question of a proper scope of future knowledge as provided by genetic tests. This approach can serve as a source of moral guidance complementary to a justice perspective. It does, however, not rest on the – rather problematic – claim to be able to define what the “good life” is. (shrink)

“Encuentros sobre ética clínica en la medicina paliativa” es un proyecto de formación ética y clínica en el ámbito de los cuidados paliativos. Hace parte de un programa clínico y de investigación más amplio que pertenece a la línea de recuperación de las raíces antropológicas y éticas en la práctica clínica de los cuidados paliativos. Está dirigido a profesionales e investigadores en cuidados paliativos, y contempla el desarrollo de reuniones informales, donde se analizan los valores humanos y profesionales involucrados en (...) casos clínicos reales. En este programa de formación ética y clínica, se consideran esenciales la antropología, la ética general, la epistemología médica y la filosofía de la medicina, además es valiosa la información proporcionada por las humanidades. El objetivo específico no es solo proporcionar una lista de principios éticos, sino también promover una disposición ética de parte de la persona que actúa. DOI: 10.5294/pebi.2016.20.1.4. (shrink)

Modern biology gives many casuistic descriptions of mutual informational interconnections between organisms. Semiotic and hermeneutic processes in biosphere require a set of “sentient” community of players who optimize their living strategies to be able to stay in game. Perceptible surfaces of the animals, semantic organs, represent a special communicative interface that serves as an organ of self-representation of organic inwardness. This means that theinnermost dimensions and potentialities of an organism may enter the senses of other living being when effectively (...) expressed on the outermost surfaces of theformer and meaningfully interpreted by the later. Moreover, semantic organs do not exist as objectively describable entities. They are always born via interpretative act and their actual form depends on both the potentialities of body plan of a bearer and the species-specific interpretation of a receiver. As such the semantic organs represent an important part of biological reality and thus deserve to be contextualized within existing comparative vocabulary. Here we argue that the study of the organic self-representation has a key importance for deeper insight into the evolution of communicative coupling among living beings. (shrink)

Modern biology gives many casuistic descriptions of mutual informational interconnections between organisms. Semiotic and hermeneutic processes in biosphere require a set of “sentient” community of players who optimize their living strategies to be able to stay in game. Perceptible surfaces of the animals, semantic organs, represent a special communicative interface that serves as an organ of self-representation of organic inwardness. This means that the innermost dimensions and potentialities of an organism may enter the senses of other living being when (...) effectively expressed on the outermost surfaces of the former and meaningfully interpreted by the later. Moreover, semantic organs do not exist as objectively describable entities. They are always born via interpretative act and their actual form depends on both the potentialities of body plan of a bearer and the species-specific interpretation of a receiver. As such the semantic organs represent an important part of biological reality and thus deserve to be contextualized within existing comparative vocabulary. Here we argue that the study of the organic self-representation has a key importance for deeper insight into the evolution of communicative coupling among living beings. (shrink)

This article develops a typology of usages for empirical data in normative theorizing in ‎contemporary political theory. A typology of usages is indicated, providing definitions, ‘names’ and an analysis for each ‎usage, and points to the typical stage within political theory research for each usage. The typology is built in a casuistic methodology. It includes the following categories: Spotlighting, Definition, ‎‎ Conversion, Institutional clarity, Theoretical clarity, and Theory improvement. The typology creates a novel toolbox that can be adopted by (...) political theorists; and it clarifies the methods and achievements of data-sensitive political theory. (shrink)

Modern biology gives many casuistic descriptions of mutual informational interconnections between organisms. Semiotic and hermeneutic processes in biosphere require a set of “sentient” community of players who optimize their living strategies to be able to stay in game. Perceptible surfaces of the animals, semantic organs, represent a special communicative interface that serves as an organ of self-representation of organic inwardness. This means that theinnermost dimensions and potentialities of an organism may enter the senses of other living being when effectively (...) expressed on the outermost surfaces of theformer and meaningfully interpreted by the later. Moreover, semantic organs do not exist as objectively describable entities. They are always born via interpretative act and their actual form depends on both the potentialities of body plan of a bearer and the species-specific interpretation of a receiver. As such the semantic organs represent an important part of biological reality and thus deserve to be contextualized within existing comparative vocabulary. Here we argue that the study of the organic self-representation has a key importance for deeper insight into the evolution of communicative coupling among living beings. (shrink)

Specification is an integral part of Tom L Beauchamp and James F Childress' principlist approach to biomedical ethics. At the same time, the authors give much space conceding to critics that the method has significant limits. Although their pointing to limitations is not unreasonable as such, the emphasis Beauchamp and Childress put on them does not serve countering the critics' view that specification is insufficient for its intended purpose in applied ethics. This paper defends specification against Carson Strong's critique, showing (...) that his casuistic approach shares strong structural and functional similarities with specification. It concludes with the more general point that specification or some closely related method for determining morally relevant facts of concrete cases and issues is indispensable for any account of applied ethics. Beauchamp and Childress should endorse and defend specification more vigorously than they appear to do. (shrink)

Business ethics is usually taught either from a philosophical perspective that derives guiding normative principles from abstract theories of philosophical ethics or from an atheoretical perspective that has students analyze cases that present difficult ethical issues and propose solutions on a casuistic basis. This article proposes a third approach—the Principles Approach—that derives guiding normative principles teleologically from the nature of market activity itself. The articledemonstrates how the Principles Approach can meet the four main challenges facing those who teach ethics (...) in business schools—the challenges of definition, abstract, cultural relativism, and integration. (shrink)

Questions of medical ethics are often treated as especially difficult casuistical problems or as difficult cases illustrative of paradoxes or advantages in global moral theories. I argue here, in opposition to such approaches, for the inseparability of questions of social history and social theory from any normative assessment of medical practices. The focus of the discussion is the question of the legitimacy of the social authority exercised by physicians, and the insufficiency of traditional defences of such authority in liberal societies (...) (voluntarist, informed consent approaches), as well as traditional attacks on such strategies (ideology critique). Seeing such authority as institution bound and role based, it is argued, can help reframe, more broadly and more adequately, what is an “ethical problem” in medical practice and why. (shrink)

This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin’s version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of (...) paradigms. The most important limitations—the possibilities of overruling and distinguishing paradigm norms—are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin’s main ideas and commitments. Further developed along these lines, casuistry can appropriately be called “common law morality.”. (shrink)

The principled approach to theory building that has been a conspicuous mark of bioethical theory for the past generation has in recent years fallen under considerable critical scrutiny. Although some critics have confined themselves to reordering the dominant principles, others have rejected a principled approach entirely and turned to alternative paradigms. Prominent among critics are antiprin-ciplists, who want to jettison the principle-based approach altogether and adopt a casuistic model, and communitarians, who favor an eclectic model combining features of both (...) the casuistic model and a modified principled approach. Particularly conspicuous in virtually all such critiques is their challenge to the preeminence of the principle of autonomy. Critical barbs have been aimed not only at theories favoring a hierarchical ordering of moral principles that give first place to autonomy, but also at those that include autonomy among a set of ostensibly coequal principles. Though these critics have performed a valued function by displacing bioethical principles from their Olympian perch beyond actual decision-making contexts, some version of the principle of autonomy may, nonetheless, be well worth defending but for very different reasons than those put forward by its supporters. (shrink)