This volume completes the first full critical edition of the later work of the medieval philosopher and theologian Henry of Harclay, together with an English translation prepared in collaboration with Raymond Edwards. Questions 1-14 were published as volume XVII in the Auctores series.

This chapter contains sections titled: Ontology: universals and relations Morality: the virtues and the will Conclusion.

A complete critical edition of the later work of the medieval philosopher and theologian Henry of Harclay is here published for the first time, together with an English translation prepared in collaboration with Raymond Edwards. The Quaestiones Ordinariae introduce students to the key problems of medieval philosophy, as well as enabling scholars to deepen their knowledge of the debates of this period. A further volume will publish Questions 15-29.

This volume is a continuation of Robert Greystones on the Freedom of the Will: Selections from His Commentary on the Sentences. From this, five of the most relevant questions were selected for editing and translation in this timely volume. This edition should prompt not just a footnote to, but a re-writing of the history of philosophy.

This is the first complete edition of the later work of the medieval philosopher and theologian Henry of Harclay. In colloboration with Raymond Edwards, an English translation is printed on facing pages, making this work available to a much wider audience. The twenty-nine Quaestiones Ordinariae cover a range of topics in metaphysics, theology, physical science, philosophical anthropology and ethics, which were among the most important of those debated in the early fourteenth century. The articles provide a window to this era, (...) as Harclay discusses many of the main questions of his day: whether and why we choose what is evil, how God can know the future and we can still be free, what a virtue is, whether the human soul survives death, whether all things are made up of atoms. This edition enables us to evaluate Harclay, not only in relation to other notable thinkers of his time but to appreciate the inner coherence of his own thought. An extensive introduction to Harclay's life, works and doctrine is provided. The volumes will also benefit scholars following the debates among lesser-studied thinkers such as William of Alnwick, Thomas of Sutton, Nicholas Trivet, and Robert Walsingham, whom this edition shows to have been in dialogue with Harclay during the years of the composition of his Quaestiones, 1310-1317. Because of the clarity of Harclay's thought and style, now mirrored in the English translation, the Quaestiones Ordinariae are an ideal way to introduce students to key problems in medieval philosophy, as well as to enable scholars to deepen their knowledge of the debates of this period. A further volume will publish Questions XV-XXIX. (shrink)

This volume completes the first full edition of the later work of the medieval philosopher and theologian Henry of Harclay. In colloboration with Raymond Edwards, an English translation is printed on facing pages, making this work available to a much wider audience. The twenty-nine Quaestiones Ordinariae cover a range of topics in metaphysics, theology, physical science, philosophical anthropology and ethics, which were among the most important of those debated in the early fourteenth century. The articles provide a window to this (...) era, as Harclay discusses many of the main questions of his day: whether and why we choose what is evil, how God can know the future and we can still be free, what a virtue is, whether the human soul survives death, whether all things are made up of atoms. This edition enables us to evaluate Harclay, not only in relation to other notable thinkers of his time but to appreciate the inner coherence of his own thought. An extensive introduction to Harclay's life, works and doctrine is provided. The volumes will also benefit scholars following the debates among lesser-studied thinkers such as William of Alnwick, Thomas of Sutton, Nicholas Trivet, and Robert Walsingham, whom this edition shows to have been in dialogue with Harclay during the years of the composition of his Quaestiones, 1310-1317. Because of the clarity of Harclay's thought and style, now mirrored in the English translation, the Quaestiones Ordinariae are an ideal way to introduce students to key problems in medieval philosophy, as well as to enable scholars to deepen their knowledge of the debates of this period. Questions 1-14, together with an extensive introduction, were published as volume XVII in the Auctores series. (shrink)

Scholars have known that a variety of medieval theories on relation existed, but no full-length systematic study has been attempted until now. With this book Henninger fills an important gap in our knowledge of medieval philosophy. Dealing with such varied thinkers as Aquinas, Henry of Ghent, Richard of Mediavilla, John Duns Scotus, Henry of Harclay, William of Ockham, and Peter Aureoli, the book will interest anyone concerned with late medieval philosophy and the transition to the early modern period.

What is human freedom? By addressing a number of theological 'limit situations', Robert Greystones, while at Oxford University in the 1320s, developed his own philosophical theory. This volume is the first Latin critical edition, with a clear English translation. There is an extensive introduction describing his life and teaching on human freedom.

As with the problem of universals, late medieval thinkers were very concerned with the ontological status of relations, for they were central to numerous theological and philosophical problems. These relations were of various types: relations of identity, qualitative similarity, quantitative equality, causal relations, and intentional relations, such as those between knower and the object known. Each of these relations was taken to be an Aristotelian accident. Does it differ from the substance which is related? Broadly speaking, I have discovered four (...) alternative theories: as sentence of the form "a is related by a real relation R to b" is true only if the relation R is an extra-mental thing really distinct from a and b ; R only exists as a concept in a mind ; a and b exist in a certain real way ; the term "R" is connotative, signifying a directly and connoting b . Using printed sources and my critical edition of various codices, I ask the following thinkers whether a real relation is distinct from that which is related: Thomas Aquinas, Giles of Rome, Henry of Ghent, Richard of Middleton, John Duns Scotus, Henry of Harclay, Hervaeus Natalis, and Peter Aurioli. (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)

Epistemology -- Power I -- Power II -- Subjectivity -- Resistance -- Critique -- Ethics.

Contemporary bioethics has been somewhat skewed by its focus on high-tech medicine and the resulting development of ethical frameworks based on an acute-care model of healthcare. Research and scholarship in bioethics have payed only cursory attention to ethical issues related to disability. I argue that bioethics should concern itself with the full range of theoretical and practical issues related to disability. This encounter with the disability community will enrich bioethics and, potentially, society as well. I suggest a number of items (...) that the bioethics agenda should include, such as the development of a casuistry of the right to healthcare and to community integration and an advocacy role in fostering an understanding among the public and policy makers of the need to reform research and treatment related to disability. (shrink)

This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

I analyze the insights present in Elisabeth Kübler-Ross’s seminal work, On Death and Dying that have laid the foundation for contemporary clinical bioethics as it is practiced by clinical ethics co...

Spirituality or religion often presents as a foreign element to the clinical environment, and its language and reasoning can be a source of conflict there. As a result, the use of spirituality or religion by patients and families seems to be a solicitation that is destined to be unanswered and seems to open a distance between those who speak this language and those who do not. I argue that there are two promising approaches for engaging such language and helping patients (...) and their families to productively engage in the decision-making process. First, patient-centered interviewing techniques can be employed to explore the patient's religious or spiritual beliefs and successfully translate them into choices. Second, and more radically, I suggest that in some more recalcitrant conflicts regarding treatment plans, resolution may require that clinicians become more involved, personally engaging in discussion and disclosure of religious and spiritual worldviews. I believe that both these approaches are supported by rich models of informed consent such as the transparency model and identify considerations and circumstances that can justify such personal disclosures. I conclude by offering some considerations for curbing potential unprofessional excesses or abuses in discussing spirituality and religion with patients. (shrink)

Bioethicists think about families in terms of conflicting interests. This mistake results from an impoverished notion of informed consent. Only by adequately characterizing the process of informed consent can we capture the phenomenon of shared decisionmaking.

Immigrants lacking health insurance access the health care system through the emergency departments of non-profit hospitals. Because these persons lack health insurance, continued care can pose challenges to those institutions. I analyze the values of our health care institutions, utilizing a Walzerian approach that describes its appropriate sphere of justice. This particular sphere is dominated by a caring response to need. I suggest that the logic of this sphere would be best preserved by providing increased access to health insurance to (...) this population. This access would marry the rights of these members of our community to access care to our responsibility to contribute to financing of the system. I close with some considerations on what it means to be a member of the community. (shrink)

ABSTRACTI consider objections to the use of living wills based upon the discontinuity of personal identity between the time of the execution of the directive anbd the time the person becomes incompetent. Recent authors, following Derek Parfit's “Complex View” of personal identity, have argued that there is often not sufficient identity interests between the competent person who executes the living will and the incompetent patient to warrant the use of the advance directive. I argue that such critics err by seeking (...) personal identity in a purely descriptive manner. By exploring Buchanan and Brock's concept of “surviving interests”, an argument is developed that certain future‐oriented acts have a normative force that contributes to the narrative unity which is constitutive of personal ideality. This narrative concept of the self is entailed by many of the our ordinary practices and challenges the philosophical consensus to view the self in a more dynamic and communitarian manner. (shrink)

I explore the possible meanings that the notion of the common morality can have in a contemporary communitarian approach to ethics and public policy. The common morality can be defined as the conditions for shared pursuit of the good or as the values, deliberations, traditions, and common construction of the narrative of a people. The former sense sees the common morality as the universal and invariant structures of morality while the second sense is much more contingent in nature. Nevertheless, the (...) communitarian sees both aspects as integral in devising solutions to public policy problems. I outline how both meanings follow from communitarian philosophical anthropology and illustrate how they work together when addressing a question such as that of providing universal health insurance in the United States. The common morality forms the basis of building an implicit consensus that is available to and reaffirmed by the shared reflections of the citizenry. (shrink)

More is known about the pervasiveness of college cheating than reasons why students cheat. This article reports the results of a study that applied the theory of reasoned action and partial least squares methodology to analyze the responses of 144 students to a survey on cheating behavior. Approximately 60% of the business students and 64% of the non-business students admitted to such behavior. Among cheaters, a "desire to get ahead" was the most important motivating factor - a surprising result given (...) the comprehensive set of factors tested in the study. Among non-cheaters, the presence of a "moral anchor" such as an ethical professor was most important. The article also includes a set of important caveats that might limit this study and suggests some avenues for further study. (shrink)

Originally published in 1999, this classic textbook includes twenty-six cases with commentary and bibliographic resources designed especially for medical students and the training of ethics consultants. The majority of the cases reflect the day-to-day moral struggles within the walls of hospitals typically described as community hospitals; as a result, the cases do not focus on esoteric, high-tech dilemmas--viz., genetic engineering or experimental protocols--but rather on fundamental problems that are pervasive in basic healthcare delivery in the United States: where to send (...) a frail, elderly patient who refuses to go to a nursing home; what role the family should play in making a treatment decision; what a hospital should do when it is getting stuck with too many unpaid bills. This thoroughly revised and updated second edition includes thirteen new cases, five of which are designated as "skill builder" cases aimed specifically for those participants in the Neiswanger Institute for Bioethics' web-based instructional program. This edition has also been restructured for teachability, and will feature reformatted and revised commentaries. (shrink)

I consider the problem liberalism poses for bioethics.Liberalism is a view that advocates that the state remain neutralto views of the good life. This view is sometimes supported by askeptical moral epistemology that tends to propel liberalismtoward libertarianism. I argue that the possibilities for sharedagreement on moral matters are more promising than is sometimesappreciated by such a view of liberalism. Using two examples ofpublic debates of moral issues, I show that commonly sharedintuitions may ground moral principles even if they may (...) be givendifferent weight by persons of different moral and religioustraditions. Nevertheless, the fact that the intuition andprinciple is widely shared may be sufficient to chart somedirections for public policy or cooperative action even if theydo not lead to complete agreement. As a result, I argue that aliberal communitarianism that presupposes a fairly minimalistepistemology is a legitimate approach to achieving sharedagreement in a pluralistic society. (shrink)

Communitarian critics have derided case-based reasoning for ignoring the need to arrive at a shared hierarchy of goods prior to case.

It has become common in medical ethics to discuss difficult cases in terms of the principles of respect for autonomy, beneficence, nonmaleficence, and justice. These moral concepts or principles serve as maxims that are suggestive of appropriate clinical behavior. Because this language evolved primarily in the acute care setting, I consider whether it is in need of supplementation in order to be useful in the long-term care setting. Through analysis of two typical cases involving residents of long-term care facilities, I (...) argue for the additional principles of candor and responsibility for narrative integrity. (shrink)

Contemporary bioethicists and scholars of ancient philosophy explore the import of classical ethics on pressing bioethical concerns.

Introduction: Foucault and political philosophy -- Marx: antinormative critique -- Lenin: the invention of party governmentality -- Althusser: the failure to denormativise Marxism -- Deleuze: denormativisation as norm -- Rorty: relativising normativity -- Honneth: the poverty of critical theory -- Geuss: the paradox of realism -- Foucault: the lure of neoliberalism -- Conclusion: What now?

The evaluation of new theories and pedagogical approaches to business ethics is an essential task for ethicists. This is true not only for empirical and applied evaluation but also for metatheoretical evaluation. However, while there is increasing interest in the practical utility and empirical testing of ethical theories, there has been little systematic evaluation of how new theories relate to existing ones or what novel conceptual characteristics they might contribute. This paper aims to address this lack by discussing the role (...) of metatheorising in assessing new approaches to ethics. The approach is illustrated through evaluating a new pedagogy and curriculum for ethics education called Giving Voice to Values (GVV). Our method involves identifying a number of metatheoretical lenses from existing reviews of ethical theories and applying these to examine GVV’s conceptual elements. Although GVV has been explicitly presented as a pedagogy and teaching curriculum, we argue that it has the potential to contribute significantly to the development of ethical theory. We discuss the general implications of this metatheoretical method of evaluation for new approaches to business ethics and for GVV and its future development. (shrink)

In this chapter, the author analyzes Foucault's conception of subjectivity and his history of technologies of the self, the collections of practices by which subjectivity constitutes itself. The first section situates Foucault's conception of subjectivity in his overall body of work and intellectual context, particularly in relation to two figures in French philosophy. The second section explores the conception of the subject that Foucault develops in his late work. Having explained the importance of historical practices to his conception of subjectivity, (...) the third section considers his history of Western practices of the self, mapping the relative fortunes of what Foucault calls the “technologies” of ethics and spirituality. The fourth section explores Foucault's consideration of the contemporary implications of his position, his assessment of the scope for and importance of spiritual or ethical practices today. (shrink)

In this essay, I take as a starting point Foucault’s rejection of two different ways of thinking about the future, prophecy and utopianism, and use this rejection as a basis for the elaboration of a more detailed rejection of them, invoking complexity-based epistemic limitations in relation to thinking about the future of political society. I follow Foucault in advocating immanent political struggle, which does not seek to build a determinate vision of the future but rather focuses on negating aspects of (...) the current conjuncture. I extend this argument into an ethical register, arguing that the same arguments apply mutatis mutandis to our personal lives. I conclude by engaging with Jacques Lacan’s account of subjectivity, and the interpretation of its political import furnished by Yannis Stavrakakis, drawing from these additional supports for my position, in particular the rejection of utopianism as an attempt to avoid limitation by the real. (shrink)

McCullough et al. propose adaptations that motivate forgiveness when the potential benefits of continuing the relationship outweigh the costs incurred by the transgression. The costs incurred are definite, whereas future benefits of forgiveness are only probabilistic. This situation exposes the forgiver to cheating in the form of repeat transgression. Adaptations motivating genuine forgiveness are therefore unlikely to evolve.