In this paper I argue that applied ethics is a phenomenon spontaneously emerged between the Sixties and the Seventies and resulting from interbreeding of theoretical discussion in ethics and public discourse of liberal-democratic societies. I contend that the phenomenon’s novelty is in a peculiar relationship it has helped in establishing between ethical theories and real-world issues, and besides that the true nature of applied ethics is that of deliberation, whose tool is the faculty of judgment, or casuistry, understood the Kantian (...) way. (shrink)

La regla lógica que prohíbe inferir conclusiones morales o normativas desde premisas fácticas fue atribuida a David Hume por los primeros autores analíticos que se ocuparon de esta cuestión, llegando a ser conocida, esta regla, como la ley de Hume. Sin embargo, esta atribución ha sido fuertemente discutida desde entonces. El propósito de este trabajo es sistematizar los argumentos de esta discusión desde su origen -que se encuentra en un trabajo de A.C. MacIntyrehasta la intervención de J.M. Finnis, en razón (...) de que en tal período, aunque no se cierra la discusión en cuestión, quedan ya enunciados todos los problemas centrales que envuelve la interpretación del texto de Hume. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

The article is aimed at extracting and investigating proper algebraic aspect of the natural legal law system. The metaphorical meaning of the sentence “Law is mathematics of freedom” is transformed into literal one of exact language of rational philosophy of natural legal law. The word “freedom” is recognized as a homonym having exactly four formal-axiological meanings which are nothing but moral-legal-valuefunctions determined by one moral-legal-value-argument. The four functions called “freedom” and the corresponding four functions called “slavery” are precisely defined by (...) tables. Lists of formal-axiological equations of two-valued algebra of natural law-and-morals are generated. The lists make up a discrete mathematical model of the system of natural morals-and-law concerning “freedom” and “slavery”. Within the framework of submitted two-valued algebra of natural law-and-morals, interconnections between natural legal law and natural theology are addressed in general and the nontrivial question “Is God’s slave a slave?” is explicated and answered especially. (shrink)

In Part I, I offer a "constructivist" interpretation of Xunzi's philosophy. On the constructivist view, there is no privileged description of the world. Concepts, categories, and norms as social constructs help us effectively manage our way through the world, rather than reveal or express univocal knowledge of it. ;In the opening chapter, I argue that dao should be understood as open ended and that Xunzi's worldview allows for a plurality of legitimate daos---at least at the theoretical level. Chapter Two discusses (...) the concepts of li and lei and rejects the idea that true categories follow from a "god-like" understanding of rational patterns. Rather, patterns and categories are mutually entailing. That is, categories are not simply based on patterns, but are at the same time a precondition for patterning. Chapter Three addresses the related concept of ming , and the idea of zhengming . Attuning names is not matching them to any transcendent standard, but making them fitting given our nature and circumstances. It is constructing and maintaining a socially responsible language. I also discuss here the complex manner in which early Confucians understood names to be developed and sanctioned. In Chapter Four I discuss ritual theory and argue that Xunzi offers a this-world centered religious sensibility. Far from a matter of slavishly following a code of behaviors set down perfectly by ancient sages, the performance of li requires interpretation in every application. Further, norms associated with li may evolve in response to changing needs and conditions. In the final chapter of Part I, I turn to the issue of virtue and moral development, arguing that there is no fixed set of virtues. ;Part II shifts focus to the contemporary relevance of a constructivist way of thinking by using it to understand the cross-cultural dynamics taking place in international discourse on human rights. In short, interpreting the arguments of contemporary representatives of East-Asian countries through a constructivist lens reveals them to be more compelling than they might otherwise have seemed. (shrink)

The doctrine of informed consent, defined as respect for autonomy, is the tool used to govern the relationship between physicians and patients. Its framework relies on rights and duties that mark these relationships. The main purpose of informed consent is to promote human rights and dignity. Some researchers claim that informed consent has successfully replaced patients' historical predispositions to accept physicians' advice without much explicit resistance. Although the doctrine of informed consent promotes ideals worth pursuing, a successful implementation of these (...) ideals in practice has yet to occur. What has happened in practice is that attorneys, physicians, and hospital administrators often use consent forms mainly to protect physicians and medical facilities from liability. Consequently, ethicists, legal theorists, and physicians need to do much more to explain how human rights and human dignity relate to the practice of medicine and how the professionals can promote them in practice. This is especially important because patients' vulnerability has increased just as the complexity and power of medical science and technology have increased. Certain health care practices can shed light on the difficulties of implementing the doctrine of informed consent and explain why it is insufficient to protect patients' rights and dignity. Defining a normal biological event as a disease, and routinely prescribing hormone drug therapy to menopausal women for all health conditions related to menopause, does not meet the standards of free informed consent. Clinicians provide insufficient disclosure about risks related to long-term use of hormone therapies and about the absence of solid evidence to support their bias toward hormone therapies as a treatment of choice for menopause related health conditions. The contributing problem is women's failure to act as autonomous agents because they either choose not to take an active part in their own therapy or because they fear to question physicians' medical authority. To insure that patients' autonomy and free choice are a part of every physician-patient interaction, physicians and patients need actively to promote them as values that are absolutely indispensable in physicians' offices, clinics, and hospitals. (shrink)