Born in Granada, April 30, 1901, Antonio De Luna was educated in the universities of Granada and of Madrid, continued his studies at Freiburg in Bresgovia, Paris, and Oxford and received the doctorate in law from Bologna. At the age of 27 he was appointed to the chair of natural law at the University of La Laguna in the Canary Isles, and from there went on to Salamanca and Granada. In 1932 he obtained the chair of international public law of (...) the Faculty of Law of the University of Madrid. At this time he began a period of intense professional activity: He was Secretary of the Federation of Spanish Associations of International Studies (1932–1936), founder and director of the Institute of International and Economic Studies (1932–1936), and Secretary of the Juridical Assessory Commission of the Spanish Republic (1931–1934). After the interruption of the Civil War, Luna, with a sense of continuity, resumed his essential tasks. (shrink)

Functionally, religion is what is held as sacred, that is, as untouchable. In the United States, taxes and military manpower are untouchable and, therefore, beyond objection by particular religions. The courts, too, are untouchable in determining what is and what is not religion. Despite these severe limitations on religious freedom, sometimes religion has broken the national consensus - most notably in the abolitionist movement of 1829-1865 and in the civil rights movement of 1959-1964. Such acts of religious freedom have been (...) the dynamism of profound social change. (shrink)

Consider a familiar case. A sign reads, “No vehicles in the park.” A man in the park has a heart attack. An ambulance is needed. Does its entry violate the rule? Most people would say that the rule was not meant to apply to needed ambulances. It would not make any difference if the rule read, “No vehicles whatsoever in the park.” The purpose of any rule against vehicles would not be served by a flat prohibition of ambulances. Consider a (...) second case. A child comes to the park on a tricycle. Is he barred from entering? A tricycle is a vehicle. But is it the kind of vehicle the author of the sign had in mind? He may only have wanted to preserve the park from fast or noisy vehicles. The purpose of the rule again becomes crucial. Is the purpose to maintain quiet and security, or is the purpose to assure absolute tranquility? The prohibition of the tricycle will depend on what purpose is accepted. (shrink)

This collection addresses the concept and role of judge, the act of judging and the requirements and potential abuses inherent in the system and process of sitting in judgement. It considers the issues and questions involved in establishing a framework for assessing judicial morality.

Divers presents a set of de re modal truths which, he claims, are inconvenient for Lewisean modal realism. We argue that there is no inconvenience for Lewis.

Book reviewed in this article: A Private Choice: Abortion in America in the Seventies. By John T. Noonan, Jr. Aborting America. By Bernard N. Nathanson, M.D., with Richard N. Ostling.

Proceedings of the Fifty-sixth Annual Meeting of the American Catholic Philosophical Association, held in Houston, Tex., Apr. 16-18, 1982. Includes bibliographical references.

The book roots corruption in the idea of a departure from conventional standards, and thus offers an account not only of its corrosiveness but also of its malleability and controversiality. In the course of a broadranging exploration, it examines various links between private and public corruption, connecting the latter with other social and political structures.

This paper will examine the loss of confidence in secular bases for the normative understanding of, and response to, the fundamental social and political problems. The recent arguments of Richard Falk in favour of a religious foundation for a humane globalization will be taken as paradigmatic. While the paper agrees that the normative core of major world religions supports Falk's particular conclusion that religion can provide the content for a universal critique of inhumane global governance, it will conclude that the (...) universal claim that global human solidarity today can only be built on the basis of religious faith does not follow. The paper will contend that the required normative foundation for the positive project of constructing global human solidarity is neither religious nor secular, but synthetic, embracing both—in what I will call, following the work of John McMurtry—the “life-ground of value.”. (shrink)

Divers (2014) presents a set of de re modal truths which, he claims, are inconvenient for Lewisean modal realism. We argue that there is no inconvenience for Lewis.

The European Legacy, Volume 17, Issue 5, Page 704-705, August 2012.

What are the requirements on an adequate genuine modal realist analysis of modal discourse? One is material adequacy: the modal realist must provide for each candidate analysandum an analysans in the language of counterpart theory which by his lights has the same truth value as the candidate analysandum. Must the material biconditional joining these be necessarily true? This is the requirement of strict adequacy. It is not satisfied if Lewis’s 1968 scheme provides the analysis. John Divers puts forward a (...) modification, which identifies cases of ‘advanced modalizing’ in which the modal operator is semantically redundant. Even with this modification modal realist analyses of statements of modal discourse will be strictly inadequate. Strict adequacy can be achieved by extending the redundancy interpretation to all de dicto modal statements. The price is the denial of de dicto contingency. But perhaps material adequacy is enough. If the modal realist has a systematic means of replacing every sentence of quantified modal logic which he considers true by a sentence of counterpart theory that he considers true, perhaps he need do no more. Still, traditionally philosophical analysis aims at strict adequacy so it is as well to know that this is a test the modal realist analysis fails unless he abandons de dicto contingency. (shrink)

In his Nobel Prize acceptance speech in 1987, the Russian-born American poet Joseph Brodsky argued that aesthetics is the mother of ethics. However, there is an ambiguity in his use of the term aesthetics. In the first part of this article, I distinguish between Brodsky’s narrow use of aesthetics, which refers to problems of beauty, and the broader sense, which refers to the cognitive function of sensibility and feeling. I then suggest that good sense can be made of the claim (...) about the origins of ethics only if we employ the broader sense of aesthetics. The second part draws on examples from Brodsky and the American poet Jorie Graham to illustrate the ways in which the feelings generated by human sensuous receptivity transform the world from a meaningless physical system into meaningful sets of life-valuable relationships. The third part sharpens this conclusion by considering the conditions under which the world can appear to be meaningless. In the final section I link Brodsky’s poetic responsiveness to the world to John McMurtry’s philosophical analysis of “the felt side of being.” Poetic evocation and philosophical argument are two approaches to the same problem which, when brought together, provide a comprehensive explanation of why aesthetics is the mother of ethics. (shrink)

In the Addenda to Naming and Necessity (1980), Kripke famously argues that it is false that there could have been unicorns, or more properly, that “no counterfactual situation is properly describable as one in which there would have been unicorns.” He adds that he holds similarly that ‘one cannot say of any possible person that he would have been Sherlock Holmes, had he existed.” He notes the “cryptic brevity” of these remarks and refers to a forthcoming work for elaborations—the work (...) being, of course, the John Locke Lectures (2013). Coming as it does at the end of Naming and Necessity, it is natural to read this discussion as drawing out consequences of Kripke’s non-descriptivist picture of proper names and names of natural kinds. In fact, so much is suggested there by Kripke himself. The question thus arises: can the contentious claims quoted from the Addenda be defended independently of Kripke’s rejection of descriptivism? I shall argue that, as appears from the John Locke Lectures, they can be. (shrink)

Since its publication in 1971, John Rawls’ A Theory of Justice has defined the terrain of political philosophical debate concerning the principles, scope, and material implications of social justice. Social justice for Rawls concerns the principles that govern the operation of major social institutions. Major social institutions structure the lives of citizens by regulating access to the resources and opportunities that the formulation and realization of human projects require. Rawls’ theory of social justice regards major institutions as just when (...) they distribute what he calls “primary goods” in a manner that he regards as egalitarian. Hence, the subsequent social justice debate has been shaped by and large as a debate about the meaning and implications of egalitarianism. While on the surface a debate about egalitarianism as a distributional principle seems to uncover the core problem of social justice—how much of what everyone should get as a matter of right—the entire history of the debate has been conducted in abstraction fr om what matters most to people’s lives. It is as a corrective to such abstractions that the life-value approach to social justice has been developed. (shrink)

“The re-discovery of Marx,” Marcello Musto argues, “is based on his persistent capacity to explain the present: he remains an indispensible instrument for understanding it and transforming it.”. It is true that the continuity of problems connecting our world to Marx’s ensures the relevance of historical materialism. At the same time, changes in the structure and scale of capitalism, as well as failures of nineteenth and twentieth century socialism to build a democratic and life-affirming alternative, force twenty-first century socialists to (...) risk new theoretical and practical departures. Yet, nowhere is a consistent ethical-political-economic foundation for twenty-first century socialism fully spelled out. The aim of this paper is to provide the missing foundations of a democratic and ecological socialism in the idea of life-value and the principle of life-coherence developed in the work of John McMurtry. (shrink)

Common sense and philosophical tradition agree that mind makes a difference. What we do depends not only on how our bodies are put together, but also on what we think. Explaining how mind can make a difference has proved challenging, however. Some have urged that the project faces an insurmountable dilemma: either we concede that mentalistic explanations of behavior have only a pragmatic standing or we abandon our conception of the physical domain as causally autonomous. Although each option has its (...) advocates, most theorists have sought a middle way that accommodates both the common-sense view of mind and the metaphysical conviction about the physical world. This volume presents a collection of new, specially written essays by a diverse group of philosophers, each of whom is widely known for defending a particular conception of minds and their place in nature. Contributors include Robert Audi, Lynne Rudder Baker, Tyler Burge, Donald Davidson, Fred Dretske, Ted Honderich, Jennifer Hornsby, Frank Jackson, Jaegwon Kim, Brian P. McLaughlin, Ruth Garrett Millikan, H. W. Noonan, Philip Pettit, Ernest Sosa, and Robert Van Gulick. (shrink)

Common sense and philosophical tradition agree that mind makes a difference. What we do depends not only on how our bodies are put together, but also on what we think. Explaining how mind can make a difference has proved challenging, however. Some have urged that the project faces an insurmountable dilemma: either we concede that mentalistic explanations of behavior have only a pragmatic standing or we abandon our conception of the physical domain as causally autonomous. Although each option has its (...) advocates, most theorists have sought a middle way that accommodates both the common-sense view of mind and the metaphysical conviction about the physical world. This volume presents a collection of new, specially written essays by a diverse group of philosophers, each of whom is widely known for defending a particular conception of minds and their place in nature. Contributors include Robert Audi, Lynne Rudder Baker, Tyler Burge, Donald Davidson, Fred Dretske, Ted Honderich, Jennifer Hornsby, Frank Jackson, Jaegwon Kim, Brian P. McLaughlin, Ruth Garrett Millikan, H. W. Noonan, Philip Pettit, Ernest Sosa, and Robert Van Gulick. (shrink)

In ‘An Almost Absolute Value in History’ John T. Noonan criticizes several attempts to provide a criterion for when an entity deserves rights. These criteria, he argues are either arbitrary or lead to absurd consequence. Noonan proposes human conception as the criterion of rights, and justifies it by appeal to the sharp shift in probability, at conception, of becoming a being possessed of human reason. Conception, then, is when abortion becomes immoral.The article has an historical and a (...) philosophical goal. The historical goal is to carefully present the probability argument in a charitable manner. The philosophical goal is to offer a unique criticism of Noonan's probability argument against abortion. I argue that, even on a very charitable reading of Noonan's argument for the conception criterion, this criterion is also susceptible to charges of arbitrariness and absurdity. Noonan's claim that probability shifts have anything to do with the moral rights of fetuses cannot be made coherent. I also show that there are problems with Noonan's assumptions about moral rights and the potential to become a being possessed of human reason. (shrink)

This paper critiques John Noonan’s recent attempt to show the compatibility of Humanae Vitae and contraception. Although Noonan’s arguments are rejected, an alternate approach for showing that sort of compatibility is explored.

In lieu of an abstract, here is a brief excerpt of the content:Human Reproduction: Dominion and LimitsRichard A. McCormick S.J. (bio)The general struggle throughout Christian history has been to seek the proper balance between dominion and limits, intervention and nonintervention, givenness, and creativity. This struggle has worked itself out in six areas that touch human life. In this essay, I will revisit the Catholic tradition’s treatment of these in terms of dominion and limits to see whether we can discern developmental (...) patterns that might suggest an approach to issues pertaining to the sources of life (reproductive ethics) as we move into the next century.1. Abortion. The history of the treatment of abortion in the Catholic tradition is the history of an evaluation. This evaluation was somewhat muddied by [End Page 387] unclarity and inconsistency in the use of terms. Thus, some theologians distinguished three types of abortion: prevention of conception, abortion of an inanimate fetus, and abortion of an animated fetus. Others regarded all interventions into the life-giving process as homicides. Still others argued that termination of a nonanimated fetus was justified to save the life of the mother. And still others said such termination was anticipated homicide or the misuse of semen conceptum.Such unclarities and qualifications eventually vanished and produced an evaluation of fetal life that yielded to very few competing interests, what John Noonan (1970) referred to as “an almost absolute value.” There was some dominion or control, but the limits became increasingly clear and powerful.2. Individual and corporate self-defense. Augustine disallowed lethal individual or personal self-defense, but established the first elementary rules for war. Aquinas allowed both. Vitoria, Suarez, and others refined the criteria justifying war (jus ad bellum) and listed them as three: recovery of property, resistance to aggression, and vindication of injuries (injustices). Pius XII narrowed these to a single reason: national self-defense. The Challenge of Peace (NCCB 1983) moves away from the licitness of nuclear war and nuclear deterrence even for self-defense. Once again, the limits to the dominion over life in war grow stronger and more powerful even as the weapons of such dominion grow more powerful.3. Capital punishment. Over the centuries, Christian thinkers, such as Thomas Aquinas, permitted the use of capital punishment. Three justifications were proposed to found this right of the state: retribution, deterrence, and reform. In the past decades, however, these justifications have been seriously questioned. Both the American and Philippine bishops’ conferences have rejected all use of capital punishment. Most recently John Paul II (1995, n. 56, p. 709) adduces defense of society as the only possible justification for it and sees such cases as “very rare if not practically non-existent.”4. The preservation of life. The theme of a balance between dominion and limits is perhaps nowhere clearer than in the Catholic approach to life preservation. Catholic tradition does not accept our culture’s rejection of death. Rather it asserts that the facts that we are pilgrims, that Christ has overcome death and lives, and that we also will live with him yield a general value judgment on the meaning and value of life as we now live it: Life is a basic good but not an absolute one. It is basic because, as the Congregation for the Doctrine of the Faith (1980, p. 511) worded it, it is the “necessary source and condition of every human activity and of all society.” It is not absolute because there are higher goods for which life can be sacrificed—e.g., the glory of God, salvation of souls, service of one’s brethren, and the like. Thus in John (15:13): “There is no greater love than this: to lay down one’s life for one’s friends. John Paul II (1995, n. 47, p. 706) briefly summarizes this in Evangelium Vitae: “The life of the body in its earthly state is not an absolute good for the believer.” This value [End Page 388] judgment has immediate relevance for care of the ill and dying: Not all means must be used to preserve life.Thus the Catholic tradition has moved between two extremes: medico-moral optimism or vitalism (which preserves life with all means, at any cost... (shrink)

The author's introduces this sequel to his Morality, Politics, and Law as an extended gloss on John Noonan's statement that the "central problem of the legal enterprise is the relation of love to power." The renown of its author ensures that Love and Power will become a focal point in legal academic discussion of its central concern: the proper relation between morality, particularly religious morality, political choice, and public deliberation "in a morally pluralistic society like the United States.".

We are sceptical of concerns over the opacity of algorithmic decision tools. While transparency and explainability are certainly important desiderata in algorithmic governance, we worry that automated decision-making is being held to an unrealistically high standard, possibly owing to an unrealistically high estimate of the degree of transparency attainable from human decision-makers. In this paper, we review evidence demonstrating that much human decision-making is fraught with transparency problems, show in what respects AI fares little worse or better and argue that (...) at least some regulatory proposals for explainable AI could end up setting the bar higher than is necessary or indeed helpful. The demands of practical reason require the justification of action to be pitched at the level of practical reason. Decision tools that support or supplant practical reasoning should not be expected to aim higher than this. We cast this desideratum in terms of Daniel Dennett’s theory of the “intentional stance” and argue that since the justification of action for human purposes takes the form of intentional stance explanation, the justification of algorithmic decisions should take the same form. In practice, this means that the sorts of explanations for algorithmic decisions that are analogous to intentional stance explanations should be preferred over ones that aim at the architectural innards of a decision tool. (shrink)

An important motivation for believing in the modal realist’s ontology of other concrete possible worlds and their inhabitants is its theoretical utility, centrally the reduction of ordinary modal talk to counterpart theory as showcased by David Lewis’s 1968 translation scheme. In a recent paper Harold Noonan, following the lead of John Divers, argues that Lewis’s scheme is not strictly adequate by the modal realist’s own lights, and that nothing short of jettisoning de dicto contingency will help. In this (...) paper, I argue that this is a serious overreaction. First, I show that Noonan’s problem does not touch Lewis’s proposal, since his translation scheme is not even concerned with the relevant sentences. Thus, Noonan’s problem only points to a limit in scope. I then go on to propose a straightforward extension of the translation scheme that provides translations for the allegedly problematic sentences, but does so endangering neither adequacy nor de dicto contingency. (shrink)

The concepts of time and identity seem at once unproblematic and frustratingly difficult. Time is an intricate part of our experience -- it would seem that the passage of time is a prerequisite for having any experience at all -- and yet recalcitrant questions about time remain. Is time real? Does time flow? Do past and future moments exist? Philosophers face similarly stubborn questions about identity, particularly about the persistence of identical entities through change. Indeed, questions about the metaphysics of (...) persistence take on many of the complexities inherent in philosophical considerations of time. This volume of original essays brings together these two essentially related concepts in a way not reflected in the available literature, making it required reading for philosophers working in metaphysics and students interested in these topics. The contributors, distinguished authors and rising scholars, first consider the nature of time and then turn to the relation of identity, focusing on the metaphysical connections between the two, with a special emphasis on personal identity. The volume concludes with essays on the metaphysics of death, issues in which time and identity play a significant role. This groundbreaking collection offers both cutting-edge epistemological analysis and historical perspectives on contemporary topics. Contributors:_ _Harriet Baber, Lynne Rudder Baker, Ben Bradley, John W. Carroll, Reinaldo Elugardo, Geoffrey Gorham, Mark Hinchliff, Jenann Ismael, Barbara Levenbook, Andrew Light, Lawrence B. Lombard, Ned Markosian, Harold Noonan, John Perry, Harry S. Silverstein, Matthew H. Slater, Robert J. Stainton, Neil A. Tognazzini The hardcover edition does not include a dust jacket. (shrink)

Kant’s philosophy of science takes on sharp contour in terms of his interaction with the practicing life scientists of his day, particularly Johann Blumenbach and the latter’s student, Christoph Girtanner, who in 1796 attempted to synthesize the ideas of Kant and Blumenbach. Indeed, Kant’s engagement with the life sciences played a far more substantial role in his transcendental philosophy than has been recognized hitherto. The theory of epigenesis, especially in light of Kant’s famous analogy in the first Critique, posed crucial (...) questions regarding the ‘looseness of fit’ between the constitutive and the regulative in Kant’s theory of empirical law. A detailed examination of Kant’s struggle with epigenesis between 1784 and 1790 demonstrates his grave reservations about its hylozoist implications, leading to his even stronger insistence on the discrimination of constitutive from regulative uses of reason. The continuing relevance of these issues for Kant’s philosophy of science is clear from the work of Buchdahl and its contemporary reception. (shrink)

Using conclusions from contemporary evolutionary biology and psychology, I defend a new argument for the moral permissibility of abortion. My analysis shows the falsity of some of the empirical and moral claims in two popular and widely anthologized anti-abortion articles, one by the judge and legal scholar John T. Noonan and the other by the moral philosopher Don Marquis. My argument builds on my criticisms of Noonan and Marquis. People are contingent emergent beings, and cannot be reduced (...) to their DNA or fetus. My analysis of four theses, two for males and two for females, shows that the absence of consent is enough to establish every woman's broad moral right to terminate unwanted pregnancies. A final section presents the conclusion and responds to two important objections. (shrink)

In Fratelli tutti, Pope Francis wonders why it took the Church so long to condemn slavery unequivocally. Indeed, the place of slavery in Catholic teaching provides a test case of change in official Church intellectual tradition. This paper examines the divergent arguments of four authors who have written about Church teaching on slavery: Pope Leo XIII, Fr. Joel S. Panzer, Judge John T. Noonan Jr., and Fr. John Francis Maxwell. It considers the statement on slavery in the (...) Catechism of the Catholic Church in light of Pope John Paul II’s meditation on the nature of human labor in Laborem exercens, itself a meditation on Leo’s Rerum novarum (On the Condition of Labor), and offers a critique of the position that papal teaching, because it must be self-consistent, is therefore irreformable or unsusceptible to development. This provides one response to the pope’s provocative question. (shrink)