Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with “developing” the law. In contrast with Skene and Parker’s freestanding conception of legal principle, the Catholic understanding of law’s rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the integrity of the church’s health care and welfare services. It is shown that in the three cases under discussion Catholic bishops were providing (...) needed argument otherwise unavailable to the courts in defence of existing statute. In face of the attempts by pressure groups to bypass the legislature and use the courts to subvert fundamental legal principles, the church is perhaps uniquely capable of continuing to provide to the courts rational defences of those principles. (shrink)

In their response, The role of the church in developing the law: response to commentators, Professors Skene and Parker make a number of criticisms of my commentary, some contestable, some plainly mistaken.1Their first criticism is that I am “incorrect” and “misleading” in describing the New South Wales Crimes Act as “[a] statute which provided that abortion was a criminal offence”. They give as their reason that: “The criminal offence created by section 83 of the Crimes Act 1900 is not abortion. (...) It is unlawful abortion. Because the word ‘unlawfully’ appears in the act, it is clear that the law states that it is sometime lawful to undertake an abortion.” They then explain the interpretation of the cognate provision in the Victorian legislation provided by Justice Menhennit in R v Davidson [1969] VR 667.The reason they offer for their criticism fairly summarises the moves made by Macnaghten J in his direction in R v Bourne and by Menhennit J in R v Davidson. But it is far from “clear” that the use of the word “unlawfully” supports those moves. It was and remains a matter of real controversy whether the use of the expression “unlawfully” has the meaning which Menhennit J attached to it.Section 83 of the Crimes Act provided:"Whosoever—unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing; or unlawfully uses any instrument or other means, with intent in any such case to procure a miscarriage, shall be liable to penal servitude for ten years."Consider that provision alongside other provisions in the Crimes Act 1900 which also make use of the term …. (shrink)

Luke Gormally; Some Observations on the Consensus Statement of the Working Group on Roman Catholic Approaches to Determining Appropriate Critical Care, Christia.

The necessity of reconsidering and rethinking the aesthetics of a literary genre is not a novelty. Now that the traditional distinction between argumentative theory patterns and narrative styles of thinking has blurred, the relationship between philosophy and literature raises a principal question: the definition of philosophy itself and of philosophical activity. Modern literature, and in particular the novel of the last century, embodies a polyphonic, complex cognitive enterprise which includes both original uses of language and sophisticated patterns of moral reflection. (...) Modern literature thus represents a new model of paradigmatic thinking for philosophical activity, and both philosophy and literature can be.. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

More treasures from the archive of papers left by philosopher Elizabeth Anscombe, edited by her daughter and son-in-law, philosophers Mary Geach and Luke Gormally.This volume collects a number of published and unpublished papers by Elizabeth Anscombe in which she engages with the thought of major philosophers of the past. Philosophers featured include Plato, Anselm, Aquinas, Descartes, Hume, Spinoza, and Wittgenstein.

Elizabeth Anscombe's forthright philosophy speaks directly to many religious and ethical issues of current concern.This collection of her essays forms a companion volume to the critically acclaimed _Human Life, Action and Ethics_ published in 2005.

Presents a collection of essays by the celebrated philosopher Elizabeth Anscombe. This collection includes papers on human nature and practical philosophy, together with the classic 'Modern Moral Philosophy'.

This fourth and final volume of writings by Elizabeth Anscombe reprints her _ Introduction to Wittgenstein's Tractatus_, together with a number of later essays on thought and language in which she explores issues of reason, representation, truth and existence. As with previous volumes this gathers hitherto inaccessible publications and previously unpublished texts. Singly and collectively the four volumes provide for a broader and deeper understanding of the thought of one of the twentieth century's most important anglophone philosophers.

Mimesis as Make-Believe is important reading for everyone interested in the workings of representational art.

This chapter defends the property dualism argument. The term “semantic premise” mentioned is used to refers to an assumption identified by Brian Loar that antiphysicalist arguments, such as the property dualism argument, tacitly assume that a statement of property identity that links conceptually independent concepts is true only if at least one concept picks out the property it refers to by connoting a contingent property of that property. It is argued that, the property that does the work in explaining the (...) possibility of a posteriori identities need not be a first-order property of the referent in question. On his view, the property dualism argument requires only a weaker semantic premise, which allows that the property in question be a higher order property. A refined version of the property dualism argument is formulated, which uses the weaker premise, and defends the argument against various objections. (shrink)

This book demonstrates how children's imagination makes a continuing contribution to their cognitive and emotional development.

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

This chapter presents an opinionated account of how to understand the contributions of experience, especially with respect to the role of cognitive science, in developing and assessing metaphysical theories of reality. I develop a methodological basis for the idea that, independently of work in experimental philosophy focused on explications of concepts, contemporary metaphysical theories with a role for experiential evidence can be fruitfully connected to empirical work in psychology, especially cognitive science. My argument is not that cognitive science should replace (...) the metaphysician’s use of a priori theorizing and ordinary experience as a guide to metaphysical reality. Rather, we should enrich our perspective on a priori theorizing and ordinary experience as a guide to metaphysical reality by drawing on any relevant work in cognitive science. (shrink)