The debate concerning the so-called U.S. Health and Human Services Contraception Mandate has been adequately framed, in the academic field, within the traditional ethical doctrine on cooperation with evil. This principle will allow us to conclude whether employers may ethically comply with the onerous existing law or not. The discussion has been quite heated, because the practical conclusions authors have reached vary widely, depending on which interpretation of the theory they rely on. In this paper, some of these explanations are (...) addressed and analyzed from the standpoint of the Thomistic theory of action, which is now the most common point of view. This work concludes that, although the Contraception Mandate will most likely be repealed by the current U.S. administration, as things once stood, compliance with it may have been ethically licit in some cases. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...) for becoming incapacitated. As some skeptics have suggested, it is not clear that we need tracing. Here, however, I make a stronger case against tracing: I show that tracing gets things wrong. I consider a new sort of case, the case of the Odysseus agent, whose incapacitation is non-culpable (sometimes merely permissible and sometimes praiseworthy). Tracing would have us hold responsible and therefore blame unlucky Odysseus agents, Odysseus agents who commit a wrongdoing in the throes of their non-culpably induced incapacitation. But we should not hold these unlucky Odysseus agents responsible for their incapacitated wrongdoing. Because tracing gets these cases wrong, we should reject tracing. (shrink)

For many philosophers, bad-history wrongdoers are primarily interesting because of what their cases might tell us about the interaction of moral responsibility and history. However, philosophers focusing on blameworthiness have overlooked important questions about blame itself. These bad-history cases are complicated because blame and sympathy are both fitting. When we are careful to consider the rich natures of those two reactions, we see that they conflict in several important ways. We should see bad-history cases as cases about whether and how (...) we should blame, rather than as cases giving us ready insight into the nature of moral responsibility. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

Emotions are the focus of intense debate both in contemporary philosophy and psychology, and increasingly also in the history of ideas. Simo Knuuttila presents a comprehensive survey of philosophical theories of emotion from Plato to Renaissance times, combining rigorous philosophical analysis with careful historical reconstruction. The first part of the book covers the conceptions of Plato and Aristotle and later ancient views from Stoicism to Neoplatonism and, in addition, their reception and transformation by early Christian thinkers from Clement and (...) Origen to Augustine and Cassian. Knuuttila then proceeds to a discussion of ancient themes in medieval thought, and of new medieval conceptions, codified in the so-called faculty psychology from Avicenna to Aquinas, in thirteenth century taxonomies, and in the voluntarist approach of Duns Scotus, William Ockham, and their followers. Philosophers, classicists, historians of philosophy, historians of psychology, and anyone interested in emotion will find much to stimulate them in this fascinating book. (shrink)

In deciding whether to forgive, we often focus on the wrongdoer, looking for an apology or a change of ways. However, to fully consider whether to forgive, we need to expand our focus from the wrongdoer and their wrongdoing, and we need to consider who we are, what we care about, and what we want to care about. The difference between blame and forgiveness is, at bottom, a difference in priorities. When we blame, we prioritize the wrong, and when we (...) forgive, we shift our priorities away from the wrong. Recognizing this essential role for priorities in forgiveness allows us to address a thorny puzzle in thinking about forgiveness: how is it that forgiveness can be both principled and elective? If there is sufficient reason to forgive, as will sometimes be the case because forgiveness is principled, how can it be reasonable to withhold forgiveness? Recognizing that forgiveness is a shift in our priorities dissolves this apparent tension between forgiveness being principled and forgiveness being elective. (shrink)

The study of the cultural Cold War and East–West interaction outside diplomacy and high politics has emerged as an important research field during the last two decades. With a few exceptions, however, scholarly interaction has been overshadowed by other forms of interaction. Existing research has mostly paid attention to technological exchange and to espionage, which was at times connected with scientific exchanges across the Iron Curtain. This article discusses scholarly exchanges in the human sciences between Finland and the Soviet Union. (...) Even though Finland was a western-style democracy with a market economy, it had close political ties with the Soviet Union, which allowed for the development of active scholarly connections between the countries. This article discusses the emergence of such connections in the human sciences and the reasons for their rapid expansion in the 1970s. (shrink)

This book not only articulates a tradition-specific Pentecostal rationality of Biblical Pragmatism, but also provides the first intellectual history of a major British classical Pentecostal denomination. Pentecostal theologians increasingly acknowledge that their theological methodology should be informed by a Pentecostal rationality, epistemology and theological hermeneutics. Simo Frestadius offers such a Pentecostal rationality from a Foursquare perspective. Frestadius first analyses and evaluates some of the main contemporary Pentecostal rationalities and epistemologies to date, with a particular emphasis on the works of (...) Amos Yong and James K.A. Smith and L. William Oliverio Jr., before proposing that Alasdair MacIntyre's tradition-focused and historically-minded narrative approach is conducive in providing a more tradition-constituted Pentecostal rationality. Utilising the methodological insights of MacIntyre, the book then provides a philosophically informed historical narrative of a major British Pentecostal tradition, namely, the Elim Foursquare Gospel Alliance, by exploring its underlying context and roots as a classical Pentecostal movement, its emergence as a religious tradition, and its two major 'epistemological crises'. Based on this historical narration and analysis, it is argued that Elim's tacit Pentecostal rationality is best defined as Pentecostal Biblical Pragmatism in a Foursquare Gospel framework. This form of rationality is then developed vis-à-vis Elim's Pentecostal concept of truth, biblical hermeneutics, and pragmatic epistemic justification in dialogue with William P. Alston. In doing the above, the book not only articulates a tradition-specific Pentecostal rationality of Biblical Pragmatism but also provides the first intellectual history of a major British classical Pentecostal denomination. (shrink)

In this article we discuss the political thought of the French philosopher Simone Weil. In particular, we analyse two fundamental elements of her critique of Marxism, namely her reflections on the phenomenon of power and her critique of the theory of the unlimited development of productive forces. We do so in dialogue with two of the pioneers of the ecosocialist critique of Marx in Spain: Manuel Sacristán and Francisco Fernández Buey, both readers of Weil. The aim: to point out the (...) relevance of this philosopher’s thought not only for its influence on some of the great ethical-political reflections of the socialist tradition in the twentieth century, but also for its ability to address the current challenges. (shrink)

In this article, we analyze how movement takes part in creating intersubjective meaning. We discuss what Daniel Stern termed ‘affect attunement,’ a primary way of constituting intersubjectivity. Based on an analysis of how movement, meaning-making, vitality affects, and primordial feelings interrelate in affect attunement, we show that primordial feelings and thereby movement play a much greater role in affect attunement than Stern proposed. This makes movement a primary meaning-making modality, indispensable to the development of intersubjectivity. To illustrate the relation between (...) movement and affect attunement in psychological development, we discuss the role of movement in autism. Recent research suggests that differences in movement precede the onset of social-communicative deficits and may be primary to autistic development. Building on the proposed interrelation of movement and primordial feelings in affect attunement, we suggest that autistic movement differences illuminate the vital role played by movement in early intersubjective development. (shrink)

questão do bom governante pode ser analisada a partir da perspectiva conservadora,que pretende retomar os ensinamentos da filosofia política antiga, bem como deum ponto de vista em defesa do projeto moderno. Leo Strauss e Alexandre Kojève propuseram-se, cada qual à sua maneira, o desafio de encontrar no diálogo Hierão de Xenofonte osaspectos “tirânicos” que, por um lado, aprimoram e, por outro, rebaixam a possível realizaçãode uma vida política perfeita. Nosso objetivo aqui é percorrer a polêmica dessedebate entre amigos que sustentam (...) posições distintas, porém, complementares. (shrink)

The article defends the no-harm principle as an intuitively plausible and a common-sense way to justify individual emitters’ duties to take more radical steps in the fight against climate change. The appearance of climate change as requiring large-scale collective action should not lead us astray with respect to the fundamental moral nature of the problem: individual emitters who knowingly sustain and foster the carbon intensive ways of acting also bear personal moral responsibility for the foreseeable climate-related harm and acquire in (...) line with the no-harm principle a direct personal duty to contribute to the efforts of preventing the harm. The article examines more closely the so-called collectivistic approach, according to which emitters’ responsibilities are primarily collective, and argues that without individualistic grounds of emitters’ personal moral responsibility for the harm the collectivistic approach fails to provide unstructured emitters with sufficient reason to act together and fulfil their correlative duty of effective harm prevention. The article argues that since an emitter's personal moral responsibility warrants others to expect her personal engagement in the efforts of effective harm prevention and can justify blame if she fails, identifications of personal responsibility may also significantly increase unstructured emitters’ collective capability of remedying the climate crisis. (shrink)

We can enrich the explanation of how we should treat kid wrongdoers by recognizing that it matters who does the blaming and punishing. That we should think about who does the blaming and punishing is perhaps unsurprising, but it is nonetheless often underappreciated. Here, I offer two lessons about blame and punishment by thinking about who judges kids. First, the right account of moral and legal responsibility should allow that kids may rightly blame each other, and I argue that we (...) can best accommodate this by relativizing the threshold of competence needed for responsibility. Second, although each kid is an individual and, as a result, the implications of immaturity vary signifi- cantly from kid to kid, we should give kids a break as kids, that is, based on our categorizing them as kids. That we should and do categorize in that way reflects the nature of the criminal justice system as an institution and the nature of us as social beings. (shrink)

In recent years, the rich tradition of various philosophical theories of perception has been increasingly studied by scholars of the history of philosophy of ...

This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be (...) fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations. (shrink)

Taking the regime established by the Convention on Biological Diversity as a foundation, the purpose of this article is twofold. First, it examines how the international biodiversity regime integrates the private property paradigm into its toolbox for conservation and sustainability and then critically evaluates the shortcomings of the intellectual property mechanism. Second, it argues that the increasing ubiquity of open access emerging technologies should lead the international community to carefully assess the benefits for conservation research of reverting to a framework (...) that places biodiversity within the global commons. The impasse between global commons advocates and the intellectual property status quo obscures the underlying problematic of the “commodity fiction” of biodiversity and increasing use of digital sequence information likely exacerbates power asymmetries. One remedy explored here is an alternative to these two approaches that dislodges rather than discards the concept of private property. Drawing inspiration from Polanyi and building on May (2010), the article shows how a hybrid approach bridging a public and private conception of genetic resources and traditional knowledge could more effectively and equitably distribute benefits to countries and communities providing resources of value to industry. (shrink)

Activities protesting against major polluters who cause climate change may cause damage to private property in the process. This paper investigates the case for a more international general basis of moral justification for such protests. Specific reference is made to the Kingsnorth case, which involved a protest by Greenpeace against coal-powered electricity generation in the UK. An appeal is made to Rawlsian fairness arguments, traditionally employed to support the obligation of citizens to their national governments as opposed to their international (...) duties. The argument made here, however, is that there seem to be sufficient reasons for holding that a stable climate is one of the first truly global public goods that is indispensable to acceptable standards of living everywhere. This would suffice to justify international and intergenerational 'atmospheric' political obligations, which in turn may justify protests - even those causing some damage to private property - against the laws and policies that violate the fair terms of cooperation in providing a stable climate. The fairness argument aims also to provide a ground from which Green political theory could integrate accounts of radical forms of citizenship into appeals to state political authority. This leads to justifying acts of civil disobedience on the basis of novel understandings of 'atmospheric' citizenship obligations. (shrink)

El presente trabajo tiene como objetivo analizar la visión popperiana de la discusión crítica que, en última instancia, es responsable por la creación de conjeturas osadas, tanto en el campo epistemológico, como en el campo político y social. Presentaremos el presupuesto falibilista de nuestras aleg..

My purpose is to analyze the peculiar thinking of Weil, according to the categories of reasoning, as a choice to avoid violence. In his definition of man, Weil recovers the notion of realization, with which man is redefined in terms of what he must be and not merely for what he is. There-to, man is ..

This article provides the first historiographical analysis of the origins of Jewish Orthodoxy in Helsinki and describes the development of the rabbinate from the establishment of the congregation in the late 1850s up to the early 1980s. The origins of the Finnish Jewish community lies in the nineteenth-century Russian army. The majority of Jewish soldiers in Helsinki originated from the realm of Lithuanian Jewish culture, that is, mainly non-Hasidic Jewish Orthodoxy that emerged in the late eighteenth century. Initially, the Finnish (...) Jewish religious establishment continued this Orthodox-Litvak tradition. After the independence of Finland, the Helsinki congregation hired academic, Modern Orthodox rabbis educated in Western Europe. Following the devastation of the Shoah and the Second World War, the recruitment of rabbis faced new challenges. Overall, the rabbi recruitments were in congruence with the social and cultural development of the Helsinki community, yet respected its Orthodox roots. (shrink)

In 1877 Louis Paul Cailletet in France and Raoul Pictet in Switzerland liquefied oxygen in the form of a mist. The liquefaction of the first of the so-called permanent gases heralded the birth of low-temperature research and is often described in the literature as having started a ‘race’ for attaining progressively lower temperatures. In fact, between 1877 and 1908, when helium, the last of the permanent gases, was liquefied, there were many priority disputes—something quite characteristic of the emergence of a (...) new research field. This paper examines Cailletet’s path to the liquefaction of oxygen, as well as a debate between him and the Polish physicist Zygmunt Wróblewski over the latter’s contribution to the liquefaction of gases. (shrink)

Este artículo explora la posibilidad de que las constituciones contemporáneas puedan ser interpretadas de manera armónica, es decir, irenista. Las objeciones más importantes a las que una concepción irenista de la constitución debería hacer frente son las objeciones de la incoherencia y de la inestabilidad. La primera afirma que la armonía no es posible porque se dan conflictos normativos entre los diversos componentes de las constituciones contemporáneas. La segunda afirma que no es posible una armonía de tipo universalista. Una concepción (...) irenista con visos de ser plausible debería poder ser capaz de dar una respuesta a cada una de estas objeciones. (shrink)

Según una sofisticada versión del llamado rule of law, las reglas del derecho deben ser generales, en el sentido de que deben regular clases de casos, no situaciones particulares. La posibilidad de prever cuáles van a ser las decisiones jurídicas depende, entre otras cosas, de este carácter general de las normas. Pero junto a la previsibilidad y certeza que aporta, el carácter general de las reglas puede tener un reverso negativo: en algunas ocasiones, cuando se aplican a algunas circunstancias particulares, (...) lo que parecía funcionar de forma satisfactoria en la teoría o en abstracto, proporciona soluciones inadmisibles (inadmisibles con arreglo a alguna concepción de la justicia). Esos casos son conocidos como casos recalcitrantes. En este artículo propongo una manera de entender el razonamiento jurídico-práctico que mitiga ese reverso negativo de las reglas generales conservando buena parte de la certeza que aportan. (shrink)

Celem artykułu jest pokazanie możliwości zastosowania J.M. Bocheńskiego koncepcji zabobonu filozoficznego (pogląd fałszywy stwarzający pozory prawdziwości) w analizie etycznych ocen i argumentacji. Dla osiągnięcia tego celu koncepcja Bocheńskiego jest najpierw omówiona, następnie wskazane są cechy myślenia etycznego sprzyjające jego podatności na zabobony filozoficzne oraz podjęty jest problem możliwości rozpoznawania i ograniczania zabobonów w refleksji nad moralnością.

This paper discusses the issues of deciding to have a child with mental retardation, and of terminating a pregnancy when the future child is known to have the same disability. I discuss these problems by criticizing a utilitarian argument, namely, that one should act in a way that results in less suffering and less limited opportunity in the world. My argument is that future parents ought to assume a strong responsibility towards the well-being of their prospective children when they decide (...) to reproduce. The moral point in cases in which our acts affect the well-being of future children should be expressed strictly in terms of parents' culpability. Future children thus do not have current moral standing but presently living persons have current obligations to consider the presumable effects of their actions on future people. I will also argue that there are morally significant differences between 'selective contraception' and selective abortion. (shrink)