This chapter contains sections titled: Works cited Additional recommended readings.

William of Ockham is often thought to be the medieval progenitor of divine command theory. This paper contends that the origin of a thoroughgoing and fully reductive DCT position is perhaps more appropriately laid at the feet of Andrew of Neufchateau. We begin with a brief recapitulation of an interpretive dispute surrounding Ockham in order to highlight how there is enough ambiguity in his work about the metaphysical foundations of morality to warrant suspicion about whether he actually (...) stands at the origin of DCT. We then show how all such ambiguity is jettisoned in the work of Andrew, who explicitly rejects a position similar to one plausibly attributable to Ockham and also articulates a fully reductive DCT. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, (...) taken as a name for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 25-49 [Access article in PDF] Descartes's Nomic Concurrentism:Finite Causation and Divine Concurrence Andrew Pessin DESCARTES APPEARS TO HOLD the traditional view that God acts in the world via willing. 1 In recent papers on his successor Malebranche, who also holds that view, I have argued that since volitions are paradigm representational states, close attention to the representational content of (...) God's volitions has substantial exegetical rewards. 2 The same, I will argue, is true regarding Descartes. In particular, due to lack of such attention, scholars have largely failed to realize that Descartes retains [End Page 25] a version of the scholastic doctrine that God ordinarily concurs with the causal activities of both mental and material finite substances ("concurrentism"). 3 Since concurrentism implies the true causal powers of those finite substances, in exposing Descartes's adherence to it I aim to open up new ways of thinking about some old problems in Cartesian exegesis.The plan:(I) I will first sketch a partial "worldview," along with evidence that Descartes held something like it, then(II) argue, both on the basis of this worldview and other evidence, that we should interpret Descartes's account of divine and finite causality as a version of concurrentism, then(III) show how interpreting Descartes this way has significant implications for understanding his views on the causal powers of both mental and material finite substances, and finally(IV) contrast my interpretation with two recent relevant ones: Kenneth Clatterbaugh's and Daniel Garber's. 1. A Partial Worldview If Descartes's God acts on the world via willing, we may inquire into the contents of those volitions. I suggest that Descartes's God has, among others, distinguishable volitions with roughly the following contents. 4 These constitute a partial worldview (W), and will be discussed in turn:(V1) At all times beginning with original Creation matter exists everywhere.(V2) There is at original Creation a particular quantity q and particular distribution d of motion.(V3) At all times, the laws of motion apply.(V4) Mind m exists at time t (appropriately substituted).(V5) At all times, the laws of mind-body union apply.Our first task is to accommodate God's role in the Cartesian system as the continuous conserver of the material world. 5 One divine volition which would accomplish that might have the content, not that each individual body persists, but rather, simply, that [End Page 26](V1) at all times beginning with original Creation matter exists everywhere. 6Now (V1) may require us to rethink the way continuous conservation arguments are typically framed. In the texts of La Forge and Malebranche, for example, what God conserves are individual bodies,and Cartesian texts seem sometimes to suggest the same. 7 Such framing might suggest, contra (V1), that God's conservational volitional contents make explicit reference to each individual body. Nevertheless, there are reasons to think that Descartes's God's conserving activity is and ought to be framed as in (V1):(i) God's willing that (V1) provides an easy way to reconcile Cartesian mind —> body causal interaction with continuous conservation. 8 Many think that there is a tension between these two doctrines, since God, in conserving bodies, would seem to be responsible for all their modes including motion, leaving nothing for minds to contribute to them. Now that might be true where God's conserving volition explicitly represents each individual body, particularly given the role that motion plays in distinguishing individual Cartesian bodies. 9 (V1), however, in making no reference to individual bodies, is perfectly consistent with minds affecting either the quantity or distribution of motion in the material world.(ii) Similarly in Physiologia, Des Chene convincingly defends the claim that for Descartes, "since the existence of motion... is not entailed by the existence of matter, the creation of motion [is] independent of the creation of matter" (329). In light, again, of Descartes's conception of individual bodies (n. 9, below), this independence is best modeled by distinguishing God's conserving volition from those volitions... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.1 (2001) 77-99 [Access article in PDF] Malebranche's Distinction Between General and Particular Volitions Andrew Pessin "God needs no instruments to act," Malebranche writes in Search; "it suffices that He wills in order that a thing be, because it is a contradiction that He should will and that what He wills should not happen. Therefore, His power is His will." 1 God (...) acts by willing; so much is clear. But Malebranche goes further, especially in his Treatise, by asserting that (i) only in miracles and the initial creation does God act by "particular volitions," while (ii) God ordinarily acts in nature via laws or "general volitions." This distinction between general and particular volitions is central to Malebranche's theories of divine activity, theodicy, and occasionalism. Nevertheless, I will argue, it has been almost universally misunderstood.The two standard interpretations of Malebranche's expressions "general volition" and "particular volition" are these: (GC) A "general volition" for Malebranche is one whose content is general; a "particular volition" is one whose content is particular. [End Page 77](PC) All divine volitions have particular contents; but a "general volition" is one which is in accord with general laws, while a "particular volition" is one not in accord with general laws. 2Andrew Black offers the following two schemata for volition contents, where (B) also provides the general form of laws of nature: A: Let c be F at t. B: For all created substances x and y and for every time t1, if x is G at t1and x bears relation R to y then there is a time t2 such that t2 bears relation T to t1 and y is F at t2. 3(A) is "particular" insofar as it represents a particular state of affairs, involving a particular substance in a mode at a time; (B) is general in making no such reference. According to (GC), then, when Malebranche's God acts by "general volitions," He has volitions whose content is of the form of (B) (specifically, a law of nature); when He acts by particular volitions His volitions are of the form of (A). According to (PC), both general and particular volitions are of the form of (A), while the former are in accord with laws of nature and the latter aren't.To simplify matters, I will focus on God's activity in the material world; the laws of nature in question will usually be the laws of motion. Further, to avoid terminological confusion, I will refer to volitions of the form of (A) as "particular content volitions," and those of (B) as "general content volitions." The issue before us then is: When Malebranche's God acts by "general volitions," are these general content volitions or particular content volitions? Proponents of (GC) support the former; those of (PC) the latter.Unhappily, almost everything Malebranche says directly on the subject can be interpreted either way. 4 (I'll speculate why at the end.) And admittedly, what Malebranche says more broadly about natural laws and divine volitions is often suggestive of (GC)—so it is no surprise that almost all recent commentators adopt (GC), usually simply assuming it without argument. Still, I shall argue that if one of the interpretations is correct, it is (PC). [End Page 78]My plan in this paper: (1) Offer some prima facie support for (PC); (2) Provide four arguments that (PC) either fits better with, or is alone consistent with, various Malebranchean doctrines; (3) Reply to some recent objections against (PC); (4) Argue that Malebranche's direct reply to Arnauld supports (PC); (5) Offer a conclusion and final thought. 1. Some Prima Facie Support For (PC) Let me first note that Steven Nadler offers various passages which do at least suggest (PC). 5 But that evidence, while strong, is not alone conclusive. For one thing, those passages can perhaps be accommodated by (GC); 6 for another, there are many passages which suggest (GC). So we must go further.Consider, then, Malebranche's primary concern in the Treatise, the... (shrink)

G.E.M. Anscombe argued that we should dispense with deontic concepts when doing ethics, if it is psychologically possible to do so. In response, I contend that deontic concepts are constitutive of the common moral experience of guilt. This has two consequences for Anscombe's position. First, seeing that guilt is a deontic emotion, we should recognize that Anscombe's qualification on her thesis applies: psychologically, we need deontology to understand our obligations and hence whether our guilt is warranted. Second, the fact (...) that guilt is a deontic moral emotion debunks Anscombe's claim that deontic concepts are a relic of the Western, religious past: guilt feelings–hence the idea of moral duty as well–can be found in cultures without an ethics of divine command. Modern moral philosophers' interest in oughts and obligations is not an academic hobbyhorse, but a vital concern arising out of a primeval human emotion. (shrink)

This dissertation evaluates the efforts of modern philosophers of aesthetics and politics to distinguish judgment from both cognition and volition. To see the rule under which any given particular is to be subsumed as a law fabricated and imposed by either God or reason is to characterize free judgment in terms of sovereignty. This generates the skeptical dilemma of an infinite regress of the legitimacy of the rule's application that can only be avoided by seeing the act of judgment as (...) an act of will. Such a voluntarist account of politics and judgment must in the end deny plurality for identity, and efface the categorical Aristotelian distinction between the public and the private. The rejection of the teleology of publicity is thus tied to the collapse of phronesis back into a Platonic techne that strives to produce society and man in the image of the eidos. ;Three "solutions" to this aporia are considered. The first is Hannah Arendt's appropriation for politics of Kant's aesthetic judgment, which allows for categorical distinctions between the public and the private and between judgment and the observance of rules. This project fails on account of the extreme formalism of that aesthetics. The second reads the third Critique as an allegory of politics. This too fails, as Kant's aesthetic community relies upon the productive legislation of the genius, a figure whose lineage reaches back to the half divine, half bestial figure of Machiavelli's founding prince. The third is a direct return to Aristotle. While his ethical philosophy offers us our best account of phronesis and epieikeia, it does not sufficiently engage the motivations for its own rejection. Hobbes, Locke, and Kant were not so taken with the model of mechanistic science that they simply forgot that in their common lives they regularly made judgments without the implicit or explicit guidance of a rule. The modern is better seen as a Weltanschauung, less a description that might be right or wrong than a desire. The alternative to the aporia of judgment is not found in the aesthetic but in a Wittgensteinian form of philosophical therapy. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral (...) pluralism (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his (...) work on freedom and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played (...) by predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence. (shrink)

People who do not believe that there is a God constitute an obvious problem for divine command metaethics. They have moral obligations, and are often enough aware of having them. Yet it is not easy to think of such persons as “hearing” divine commands. This makes it hard to see how a divine command theory can offer a completely general account of the nature of moral obligation. The present paper takes a close look at (...) this issue as it emerges in the context of the most recent version of Robert Adams’ modified divine command theory. I argue that, despite a valiant attempt to do so, Adams does not succeed in giving an adequate account of the moral obligations of non-believers. More generally, I claim that if divine commands are construed as genuine speech acts, theists are well advised not to adopt a divine command theory. (shrink)

In a spirit of critical appreciation, this essay challenges several core aspects of the critique of secular morality and the defense of Orthodox Christianity offered by H. Tristram Engelhardt in After God. First, I argue that his procedurally driven approach to a binding morality based solely on a principle of permission leaves morality without any substantive definition in general terms, in ways that are both conceptually problematic and also at odds with Engelhardt’s long-standing distinction between non-malevolence and beneficence. Second, (...) I question the accuracy or adequacy of Engelhardt’s critique of the Enlightenment project for his unwarranted privileging of a particular version of Enlightenment thinking at the expense of other Enlightenment perspectives less amenable to Engelhardt’s working generalizations. Third, I challenge the theoretical cogency of Engelhardt’s insistence on the ubiquity and intractability of moral controversies and his depiction of moral strangers and moral friends as, in effect, mutually exclusive terms. Finally, I question Engelhardt’s embrace of a divine command model of ethics as the appropriate resolution of Euthyphro’s dilemma and suggest that there may be intermediate approaches to the usual starkly drawn contrasts between divine command and naturalist accounts. (shrink)

O artigo discute como Nietzsche compreende a instituição da lei e da moral em distinção a Kant e à tradição cristã. Ele argumenta que Nietzsche é, em grande medida, inspirado pela mudança de paradigma em direção a um pensamento biológico evolutivo, introduzido por diversos de seus colegas ao final do século XIX, entre os quais F. A. Lange, que vê esta mudança como uma sóbria alternativa científico-materialista a Kant. Em Nietzsche, a imperativa moral kantiana é substituída pela noção (...) de uma moralidade emergente graças a processos civilizatórios históricos ou pré-históricos, impostos a um ser humano de mente débil sem quaisquer disposições racionais inerentes a obedecer à Lei. Ela também é um processo que, em vez de universalizar o ser humano, o cinde em uma dualidade, em que uma parte obedece a antigos e imediatos interesses próprios, e a outra parte obedece a novos 'comandos', que lhe foram gritados 'aos ouvidos' por um chamado 'comandante'. A obediência à lei conduz a duas formas radicalmente diferentes em Nietzsche: indivíduos servis e medíocres precisam ser expostos à disciplina e à punição, para adotar a Lei; enquanto os chamados indivíduos 'soberanos' são capazes de impor a lei a si mesmos. A figura do 'soberano' vem consequentemente sendo o motivo de vigoroso debate, especialmente quanto à tradição anglo-saxônica em pesquisa por Nietzsche, uma vez que seu aparente 'respeito pela lei' e 'senso de dever' reiteram típicas qualidades kantianas. Em relação a essas discussões, sugiro que o 'soberano' de Nietzsche (em um contexto) seja idêntico ao 'comandante' (em outros contextos). Quando o 'soberano', como tal, impõe a lei a si mesmo e aos demais, sua ação é convencional e arbitrária (como a linguagem em Saussure), e é mais irracional que racional, como em Kant. Sua vontade não é uma vontade boa, nem uma vontade racional, com visão para a autonomia humana. Seu comando de si mesmo e dos outros é performativo, portanto, sem valor de verdade (como atos ilocucionários de fala em Austin e Searle). The article discusses how Nietzsche understands the institution of law and morals in distinction to Kant and the Christian tradition. It argues that Nietzsche to a large extent is inspired by the paradigm-shift toward a evolutionary biological thinking introduced by several of his peers in the late 19th century, among else F. A. Lange, who sees this shift as a sobering scientific-materialistic alternative to Kant. In Nietzsche, the Kantian moral imperative is replaced with a notion of a morality emerging thanks to historical, or pre-historical, civilizational processes, imposed on a feebleminded human without any inherent rational dispositions to obey Law. It is also a process, which rather than universalizing the human, splits it in a duality where one part obeys old immediate self-interests and another part obeys new 'commands,' having been shouted 'into the ear' by a so-called 'commander.' The compliance with law takes two radically different forms in Nietzsche: servile and mediocre individuals need to be exposed to discipline and punishment in order to adopt Law; while so-called 'sovereign' individuals are able to impose law upon themselves. The figure of the 'sovereign' has consequently been an issue for vigorous debate in especially the Anglo-Saxon tradition of Nietzsche research, since his apparent 'respect for law' and 'sense of duty' reiterate typical Kantian qualities. Relating to these discussions, I suggest that Nietzsche's 'sovereign' (in one context) is identical his 'commander' (in other contexts). When the 'sovereign' as such imposes law upon himself and others, his act is conventional and arbitrary (like language in Saussure), and is rather irrational than rational as in Kant. His will is not a good will, nor a rational will with a vision of human autonomy. His command of himself and others is a performative, thus without truth-value (like illocutionary speech-acts in Austin and Searle). (shrink)

This paper considers Kant's views on how it can be rational to hope for God's assistance in becoming morally good. If I am fully responsible for making myself good and can make myself good, then my moral condition depends entirely on me. However, if my moral condition depends entirely on me, then it cannot depend on God, and it is therefore impossible for God to provide me with any assistance. But if it is impossible for God to provide (...) me with any assistance, it is irrational for me to hope for such assistance. I address this conundrum by providing an analysis of one necessary condition of rational hope: hope is rational only if the subject is not in a position to be certain that p is really impossible. I then offer several different strategies on which it might be rational to hope that God provides moral assistance, with the most radical of these strategies suggesting that, given our ignorance of the laws of the intelligible world, for all human beings know it is metaphysically possible that God perform a noumenal miracle on their moral character. -/- . (shrink)

In today's society some have argued that the legal profession's codes of conduct are a hodgepodge of rules without any clear ethical basis. In this text, Boon and Levin systematically address this compelling issue. Some of the major questions raised are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate (...) when the legal profession faces radical social, political and economic change? While this text focuses on the dynamics of the justice system in England and Wales, the overall issue of ethics and conduct in regards to law holds worldwide interest. Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a (...) class='Hi'>moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

As one of the three sources of the moral act in Aquinas’s philosophy, intention is fundamental to the understanding of his ethics. And while intention’spsychological and linguistic dimensions have been appreciated recently, after the appearance of Anscombe’s Intention, the Aristotelian physical framework ofAquinas’s thought on the issue has been neglected. Taking only the end of the agent into account in intentional analysis has led to incorrect interpretations of moral action, particularly among new natural law theorists. In this paper, (...) I propose an understanding of intentio and praeter intentionem in Aquinas that elucidates his distinctions regarding justified killing, as well the bearing of intention in intentional action and moral acts. (shrink)

Spinoza’s moral philosophy is trending. This is the fourth book written in English in six years devoted to various aspects of it; that may not qualify as viral, but it is progress. The volume’s five essays cover moral responsibility, akrasia, moral realism, and Spinoza’s model of human nature: the free man. Hence its subtitle is misleading. There is nothing uniquely contemporary about the issues discussed, as is evident from the essays themselves. Also, the moral problems (...) are not the type one might expect. You will not find an analysis of Spinoza’s position on the moral status of non-human animals, for example. What you will find is an effort to bring Spinoza into contemporary debates. In their introduction... (shrink)

The primary concern of this paper is to outline an explanation of how Kant derives morality from reason. We all know that Kant thought that morality comprises a set of demands that are unconditionally and universally valid. In addition, he thought that to support this understanding of moral principles, one must show that they originate in reason a priori, rather than in contingent facts about human psychology, or the circumstances of human life. But do we really understand how he (...) tries to establish that moral principles originate in reason? In at least two passages in the second section of the Groundwork, Kant insists upon the importance of grounding the moral law in practical reason a priori, and subsequently states a conception of practical reason from which he appears to extract a formulation of the Categorical Imperative. The reasoning employed in these passages would appear to be of central importance to the overall argument of the Groundwork, but in each case the route travelled from the definition of practical reason to the ensuing formulation of the moral law is obscure. My goal is to work out a plausible reconstruction of this portion of Kant’s argument. At the very least, I hope that my interpretation will illuminate the distinctive structure of the Kantian approach to questions of justification in ethics. What I understand of Kant’s view leads me to believe that its aims and overall shape are different in important respects from what is often assumed. It also represents an approach to foundational issues in ethics, which provides an alternative to many contemporary attempts to ground morality in reason. (shrink)

This article serves as an introduction to the laws-of-biology debate. After introducing the main issues in an introductory section, arguments for and against laws of biology are canvassed in Section 2. In Section 3, the debate is placed in wider epistemological context by engaging a group of scholars who have shifted the focus away from the question of whether there are laws of biology and toward offering good accounts of explanation(s) in the biological sciences. Section 4 introduces two relatively (...) new pieces of science – metabolic scaling theory and ecological stoichiometry – that have not been topics of much discussion by philosophers but are relevant because they have at least some of the hallmarks of laws of nature. Section 5 concludes by pointing out that discovering laws of biology, if any there be, will not necessarily answer the questions raised by the debate in the first place: we will still want to know how biology compares to other sciences, how to characterize its systems and processes, and whether accounts in terms of laws always or usually constitute adequate explanations in various sciences. (shrink)

Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...) in place? Would you exclude germane inculpatory evidence that has been obtained in violation of the accused’s constitutional rights? Would you permit spouses to testify against each other, or allow the jury to draw adverse inferences from an accused’s failure to testify on his or her behalf? These are the sorts of epistemological issues addressed by Larry Laudan in his superb Truth, Error, and Criminal Law. The purpose of legal epistemology is to identify legal rules in order to assess them rationally, and, if necessary, to modify or replace them. The more and more widely Truth, Error, and Criminal Law is read, the more likely it is that legal epistemology will attract the attention of lawyers, legal academics, and philosophers, attention that can only contribute in a positive way to rethinking criminal law. (shrink)

This paper explains and defends a divine command account of moral obligations. A divine command account of moral obligations is distinguished from a general theological voluntarism which grounds all moral truth in the divine will. God’s commands ground moral duties, but truths about the good are grounded in the nature of God and God’s creation. Such an account does not see a divine command account as a rival to a natural law (...) view of the good or as a rival to virtue ethics. The three types of account are complementary. A divine command account of moral obligation is attractive for both theological and philosophical reasons, and those strengths are made clear. In conclusion the paper considers and responds to a number of objections often raised against such an account, including the so-called Euthyphro objection—an objection that stems from Cudworth, and an objection that hinges on the way God’s commands are promulgated. (shrink)

The fact that physical laws often admit certain kinds of space-time symmetries is often thought to be problematic for substantivalism --- the view that space-time is as real as the objects it contains. The most prominent alternative, relationism, avoids these problems but at the cost of giving abstract objects (rather than space-time points) a pivotal role in the fundamental metaphysics. This incurs related problems concerning the relation of the physical to the mathematical. In this paper I will present a (...) class='Hi'>version of substantivalism that respects Leibnizian theses about space-time symmetries, and argue that it is superior to both relationism and the more orthodox form of substantivalism. (shrink)

This chapter explores the possibility of a metaphysically deflationist, explanatorily robust version of moral realism. The view has no truck with inquiries into the naturalness, constitution, or reducibility of moral properties, and purports to dissolve, rather than solve, the “placement problem.” But it offers a general explanation from outside the ethical domain of how we can accurately represent the world in moral thought and talk; this distinguishes it from some versions of expressivism and constitutivism, and from (...) quietism. It is often claimed that defenders of non-quietist moral realism “owe us” an account of what moral properties are like, how they fit into the world described by science, how we can “reach out to them” in thought and language, and how they can exert an influence on us so we can know of them. It is not clear, this chapter argues, that the robust realist is under any such obligation. (shrink)

The goal of this paper is to explicate the theological and epistemological elements of John Locke's moral philosophy as presented in the ‘Essay Concerning Human Understanding’ and ‘The Reasonableness of Christianity’. Many detractors hold that Locke's moral philosophy is internally inconsistent due to his seeming commitment to both the intellectualist position that divinely instituted morality admits of pure rational demonstration and the competing voluntarist claim that we must rely for our moral knowledge upon divine revelation. In (...) this paper I argue that Locke is guilty of no such contradiction. In doing so, I attempt to accommodate Locke's position in the ‘Essay’ that moral principles are demonstrable a priori with his views on the sanctity of Christian revelation. I then consider Locke's conception of moral ideas as a species of mixed modes, or arbitrarily constructed complex ideas, and attempt to navigate the mechanism whereby human understanding can recognize these ideas as conforming to, or straying from, divinely appointed natural law. I conclude that despite Locke's failure to actually provide a full-fledged moral theory, he lays a rationally coherent groundwork for the fulfilment of such a project that accommodates a-priori rational reflection and divine revelation as complementary paths to moral understanding. (shrink)

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly (...) to criminal negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: (...) Morality, Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

This essay reviews John Gardner’s recent books, From Personal Life to Private Law, and Torts and Other Wrongs. Both books offer profound insights into private law’s concerns with justice and our reasons for action. The essay focuses on Gardner’s continuity thesis, and in particular on his idea that a third party may act on behalf of a wrongdoer as her delegee. Three settings are considered. First, I will discuss settings in which the state or another third party acts to remedy (...) a wrong without the wrongdoer’s consent. Second, I will review settings in which the legal remedies at issue – e.g., general damages or punitive damages – may not fit well with the idea that the state is acting on behalf of a wrongdoer. Third, I will analyze settings in which the state may be acting on behalf of right holders, yet still be concerned with the continuity thesis. Assessing each of these contexts offers further insights into the purpose of private law remedies. (shrink)

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson (...) places on his conception of strong democracy, so as to provide a different understanding of the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out.First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy as well as the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled. (shrink)

THE opening paragraph of the Declaration of Independence invokes, as every American should know, "the Laws of Nature and of Nature’s God." The import of this invocation may be discerned by examining the appeals to natural law in the polemical literature of the American revolutionary period against the background of natural law/natural rights philosophy in the seventeenth and eighteenth centuries, on the one hand, and, on the other hand, within the particular historical context of events constituting the American Revolution. (...) The phrase "the Laws of Nature and of Nature’s God" in the Declaration is revealing. It simplifies what had, in earlier times, been referred to as "fundamental law," omitting and de-emphasizing, however, some rather essential elements. Historically, fundamental law had always been esteemed to be a law superior to statutory or positive law. Unless the latter conforms to the former, it is not valid, and invalid positive laws are null and void, so that there is no obligation to obey them. In the history of British jurisprudence, which includes colonial American jurisprudence, fundamental law embraced divine law, natural law, the British constitution beginning with Magna Carta, common law, and the colonial charters. Appeals to fundamental law were made when protesting statutory or positive laws and decrees. Thus the Declaration and Resolves of the First Continental Congress in October, 1774, invokes "the immutable laws of nature, the principles of the British constitution, and the several charters and compacts" as the moral, rational, and ultimate legal basis for protesting alleged British encroachments on American rights. Yet less than two years later, the Declaration of Independence, abandoning the British constitution and dissolving the political band—the charters and compacts—between Great Britain and America, rests simply on "the Laws of Nature and of Nature’s God.". (shrink)

One motivation for the recent interest in virtue ethics in contemporary moral thought is the view that deontological or duty-based ethics requires the notion of God as absolute law giver. It has been claimed by Elizabeth Anscombe, for example, that there could be no coherent moral obligation, no moral ought, independent of divine command, and that, in the absence of belief in God, moral philosophy best pursue an ethic of character or virtue over an ethic (...) of obligation or duty. The underlying assumption here is that an ethics of virtue, unlike an ethics of duty, is best developed independently of a conception of God. In this paper I argue that this view is misleading and obscures the need of virtue ethics for the concept of God. In making my philosophical point, I look to the work of Charles Taylor and suggest that any contemporary ethics of virtue, in order to meet its own desired aim of retrieving a viable moral self, requires a “deep” conception of the good, and that the most viable source for this conception is the theistic notion of God. On this account, the ethics of virtue turns out to be no more independent of the concept of God than an ethics of duty or obligation. (shrink)

This paper surveys some themes of Allison's Kant's Theory of Freedom, and then raises a problem for his presentation of Kant's Reciprocity Thesis. Allison argues that a transcendentally free agent is bound to the moral law as follows. Rational agents fall under a justification requirement, and when transcendental freedom is added to the concept of rational agency, the justification requirement extends to the choice of fundamental maxims. Since facts about one's nature cannot justify the adoption of fundamental maxims, all (...) that remains are considerations that anyone can recognize as valid. Thus a transcendentally free agent must conform to unconditional laws. The problem is that it is unclear how a transcendentally free agent can make a reasoned choice of fundamental principles; but if it can, why can't it choose the Principle of Happiness? I suggest that a stronger version of this argument results from adopting a richer notion of a transcendentally free agent as an autonomous sovereign will with an interest in expressing its sovereignty. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

The question of whether humans have free will, like the question of the meaning of life, is one whose answer depends on how the question itself is interpreted. In his recent book Neurophilosophy of Free Will: From Libertarian Illusions to a Concept of Natural Autonomy, Henrik Walter examines whether free will is possible in a deterministic natural world, and he concludes that the answer is "It depends" (xi). He rejects a libertarian account of free will as internally inconsistent, but argues (...) for a version of compatibilism that he calls "natural autonomy." Natural autonomy, or "giving oneself laws" (8), is a successor concept to libertarian free will, and it provides for a self-determination that is consistent with a deterministic and fully physical world. Walter covers a lot of ground in this book. He debunks dualism, examines classical and modern physics, critiques radical constructivism, and utilizes chaos theory, and he refers to figures from St. Augustine to Humberto Maturana, Dennett, Einstein, Hegel and Nozick. This book could be seen as encompassing two distinct projects. The first project is a defense of what Walter calls "neurophilosophy" as a methodology for answering traditional philosophical questions. This methodology is more commonly known as "cognitive science," and Walter accepts the naturalistic premises that underlie most of the work being done by cognitive scientists today. The second project is an application of the neurophilosophical methodology to the traditional question of whether free will is compatible with determinism. The defense of a neurophilosophical methodology is concentrated in the second section of the book, whereas the first and third sections focus on the issue of free will. In the first section Walter presents a thorough overview of the free will debate. It is the final third of the book that warrants the most attention, for this is where the original work is concentrated. Before we examine Walter's contribution to the free will debate, let us briefly look at his historical analysis and the neurophilosophical method that he advocates.. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

Instead of an editorial, in this issue of Environmental Values the publishers have been invited to comment on a local environmental issue that currently looms large in our Scottish island backyard. Divided from mainland Scotland by fifty miles of sea, the Outer Hebrides are a peripheral part of the already peripheral Scottish Highlands - a region of low production, and high demands on thinly spread national services. Fifteen years ago our economic salvation was to be the creation of the largest (...) stone quarry in Europe, to supply aggregate for the construction industry in South-east England and mainland Europe. After two Public Inquiries and much legal wrangling this proposal was eventually laid to rest. Its eventual defeat was at least partly due to the united front against the proposed development that was maintained by a coalition of virtually all the environmental NGOs that function north of the English border.1In environmental terms, aggregates, the landscape damage caused by quarrying, and the connection with road-building and increasing motor traffic are readily characterised as a 'bad thing', but the latest threat to the Scottish and island landscape is a less clear-cut environmental bad. The prospect of large-scale windfarms, and the associated transmission lines that would be required to deliver electric power from them to markets in the South, is one that has already divided environmental groups; with Friends of the Earth generally in favour, Greenpeace equivocal, and landscape- and wildlife-oriented NGOs against. For wind energy has long been promoted as a 'green' alternative to damaging fossil fuels and dangerous nuclear power, and its proponents argue that we should not be deflected on merely aesthetic grounds from grasping a technology that could save the world from climate catastrophe. This division of the environmental camp inevitably makes it more likely the developers will prevail. As with the superquarry, scale is part of the problem: the proposed developments are massive - mouth-wateringly so to local councils and landowners attracted by the prospect of multi-million pound revenues, devastatingly so to the majority of local residents and to the many walkers and climbers who visit the Highlands and Islands for their majestic and unspoilt scenery.The following extracts from recent press releases by the John Muir Trust and the local campaigning group Moorlands Without Turbines, and the developers' mock-up of thevisual impact of one of the local proposals above, will convey to readers the scale of proposals for Scottish windfarms, the strength of local feeling and the real dilemmas faced by NGOs in developing a coherent response.... targets set in the [renewable energy] strategy for Highland Council area are greater than those of the Scottish Executive for the whole of Scotland ... The Scottish Executive has a renewable energy target for 2020 which requires another 3,400 MW in Scotland. The Highland Council Renewable Strategy sets a target of over 4,000 MW from new renewable energy.The Highland Council targets do not seem to have been strategically set in relation to factors outside the Highlands but look as if they are based on the maximum possible installation based on the most liberal planning regime.2Scottish Executive Minister Allan Wilson has given the first official statistics on the number of objections for the proposed North Lewis Peatlands Windfarm - the world's largest onshore windfarm.In a response to written questions by Green MSP Shiona Baird, Mr. Wilson states: 'Prior to Comhairle nan Eilean Siar [Western Isles Council] submitting its consultation response the Executive recorded six responses in support and 2,713 objections to the Lewis Windpower proposal from Western Isles residents. Since Western Isles Council submitted their consultation response, the Executive has recorded 11 responses of support and 1,860 objections to the Lewis Windpower proposal, from Western Isles residents'In total a massive 6,131 objections have been received of which 4,573 come from local people. The figures show that for every person who wrote to support the scheme from the islands 269 people wrote and objected.Lewis based Moorland without Turbines chairperson Catriona Campbell, who is campaigning against the joint AMEC and British Energy project said:'At last we have official confirmation of the unprecedented level of protest against this industrialisation of our land. Till now our local MSP and Council have refused to acknowledge the sentiment of the island. The Council voted in favour of it against the wishes of those who will be affected. Every community council and councillor in North Lewis, the area directly affected, has voted resoundingly against it.'...The proposed 234 turbines, each higher than the Forth Rail bridge, and 167km of new road would cover moorland that is protected by European Law for its wildlife interest, including international populations of species such as Golden Eagles, Red-throated Divers and Golden Plovers.3The Lingerabay Superquarry saga was a rich source for academic case-studies; we confidently predict that we shall hear more about the 'green energy' debate in the pages of this journal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 40-57 [Access article in PDF] Bogeyman: Benedict Anderson's "Derivative" Discourse Andrew Parker Between life and death, nationalism has as its own proper space the experience of haunting. There is no nationalism without some ghost. -Jacques Derrida, "Onto-Theology of National-Humanism" Writing a mere decade ago about Benedict Anderson's Imagined Communities, Timothy Brennan noted that "with the exception of some recent sociological works which use literary (...) theories, it is rare in English to see 'nation-ness' talked about as an imaginative vision--as a topic worthy of full fictional realization.... Even in the underrepresented branch of Third World English studies, one is likely to find discussions of race and colonialism, but not the 'nation' as such" [47]. If these sentences appear astonishing today--if over the past ten years we seem to have done little else but regard the nation as an imaginative construction--our sense of surprise may help to register how rapidly and profoundly Anderson's work has transformed the nature of literary and cultural studies. Viewing the modern nation primarily as an anthropological rather than political category, one that has less inherently to do with ideologies than with kinship, gender, and religion, Anderson argues in Imagined Communities for the irreducibility of material-cultural practices (what he memorably termed "print-capitalism") in creating and sustaining the "imagined community" of a nation whose citizens maintain "deep attachments" to each other in the absence of face-to-face contact: "the members of even the smallest nation will never know most of their fellow-members, meet them, or even hear of them, yet in the minds of each lives the image of their communion" [6]. Part of what makes such communities national, Anderson suggests, is a shared experience of simultaneity modeled on the spatio-temporal organization of newspapers and novels, for "these forms provided the technical means for 're-presenting' the kind of imagined community that is the nation" by furnishing their reader-consumers with a "complex gloss on the word 'meanwhile'" [25]. The "old-fashioned novel" especially, through its distinctive structures of address and omniscient point of view, becomes in this schema a "device" for generating a sociologically complex world populated by characters who, even though they "may be largely unaware of each other," nevertheless move together "calendrically through homogeneous, empty time"--a world, in short, that may be considered "a precise analogue of the idea of the nation, which also is conceived as a solid community moving steadily up (or down) history" [25-26]. As Jonathan Culler aptly summarizes in his contribution to this issue, Anderson thus takes the novel to be "a precondition for the nation" [24], "a formal condition of imagining the nation--a structural condition of possibility" [37]. Such strong emphasis on the novel as "a force for imagining the communities that are nations" certainly helps to explain why Imagined Communities so swiftly and pervasively became doxa in literary study--even if, as Culler elaborates, some of Anderson's readers have mistaken his argument for a stronger if less defensible [End Page 40] version that sees the novel as "a force in shaping or legitimating the nation" [37].While Anderson's analogy between novel and nation has been put by literary critics to a multitude of creative uses, what has been acknowledged much less commonly is that his literary interests are by no means exhausted by the paradigm for which he is best known. 1 The very title of his most recent book is, significantly as we shall see, a translated quotation from a novel, and he returns repeatedly for insights into the politics of literary form not only to Walter Benjamin but to certain exemplary "nationalist" novelists, José Rizal and Pramoedya Ananta Toer first and foremost. Where The Spectre of Comparisons is unusual in containing chapter-length readings of literary works (several of them reprinted from the earlier Language and Power), Imagined Communities was no stranger to detailed discussions of fiction. We may be struck, in fact, by the extent to which Anderson's theoretical and historical studies locate themselves persistently over time with reference to "literature... (shrink)

Kant’s project in ethics is to defend the conception of morality that he takes to be embedded in ordinary thought. The principal aims of his foundational works in ethics – the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason – are to state the fundamental principle of morality, which he terms the “Categorical Imperative”, and then to give an account of its unconditional authority – why we should give moral requirements priority over non-moral reasons (...) – by grounding it in the nature of free rational agency. Roughly the principle of morality gets its authority from the fact that it is by acting from this principle that we exercise our free agency. In these works Kant develops a distinctive account of the content of moral requirement (which is filled out in his later work, The Metaphysics of Morals). According to one version of the Categorical Imperative, we determine what sorts of actions are permissible or required in various situations by asking whether a principle of action is rationally willed as universal law for agents with autonomy. A second version of the Categorical Imperative derives the content of morality from the principle that we are to respect “humanity”, or “rational nature”, as an “end in itself” and never merely as a means. “Humanity” is the capacity for autonomous rational choice, and it includes the capacity to act from one’s own judgment of what one has reason to do, to set ends for oneself, and to guide one’s actions by values one finds it reasonable to accept. To hold that this capacity is an end in itself is to claim that it has an absolute value – a value that Kant terms “dignity” – that sets limits on the.. (shrink)

This essay provides an overview of the elements of normative ethics – deontic verdicts, evaluative claims, determining grounds, and core normative principles. It then turns to how these elements fit together and how they might be filled out. This gives us a precise way of categorizing egoism, act-consequentialism, natural law theory, divine command theory, cultural relativism, Kantianism, and virtue ethics.

Challenges in Medical Care Edited by Andrew Grubb School of Law and Centre of Medical Law and Ethics, King’s College, London, UK The sixth volume in the series of King’s College Studies takes a reflective view of medical law and ethics, the health care system and challenges raised by modern technology. A distinguished team of authors returns to problems and controversies that have long challenged medical law and ethics, and shows how new issues are constantly arising as a (...) result of developments in medical care. Topics such as the legal status of the frozen human embryo, medical accountability and the future of the National Health Service are discussed. The need for responsibility, accountability and respect for individual human rights forms a strong linking theme throughout the book. This thought-provoking collection constitutes a useful and informative reference source which will be of value to a wide range of professionals and students including doctors, nurses, lawyers, philosophers and medical sociologists. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

A well-known objection to divine will/divine command moral theories is that they commit us to the view that God's will is arbitrary. I argue that several versions of divine will/divine command moral theories, including two of Robert Adams's versions of the DCT and my own divine preference theory, can be successfully defended against this objection. I argue that, even if God's preferences are somewhat arbitrary, we have reasons to conform our wills to them. (...) It is not a fatal objection to divine will/divine command moral theories if they imply that God's will/God's commands is/are arbitrary, to some extent. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear (...) both (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Among others, the recent work of Janine Idziak presents Andrew of Neufchateau (†1400) as a fervent advocate of “divine command ethics,” a promoter of radical voluntarism, according to which moral values depend solely on the divine will. One example that illustrates this theory is the “hatred of God” (odium Dei ), often discussed in the fourteenth century. Since moral values depend on the divine will, it can be morally good to hate God if (...) that is his command. Andrew has been seen and is still seen today as a supporter of this view. The present paper aims to reconsider this interpretation. (shrink)

In the immediate post-war period, a set of thinkers, most notably Jacques Maritain, developed influential natural law theories of constitutional democracy. The central tenet of the natural law approach to the post-war settlement was that, without the type of foundational understanding of the constitutional system it was proposing, the new democratic political institutions would relapse into totalitarianism. In response to this natural law challenge, Hans Kelsen sought to explicate and defend a self-consciously secular and relativistic understanding of the basis (...) of constitutional democracy. This article will examine the debate between the Kelsenian and the natural law view of constitutional democracy. The debate raises questions of foundational importance, and a number of issues are of particular concern in the present global context. These issues concern the role of moral pluralism and its relevance to the structure of constitutional democracy, and the relationship between universal values and the common good of particular communities. (shrink)

Principles of Moral Philosophy: Classic and Contemporary Approaches covers all the major theories in normative ethics--relativism, egoism, divine command theory, natural law, Kantian ethics, consequentialism, pluralism, social contract theory, virtue ethics, the ethics of care, and particularism--and also includes sections on applied ethics and metaethics. It provides students with a balanced introduction to an array of approaches to topics in normative ethics, offering traditional theories alongside criticisms of them. The readings are enhanced by a variety of pedagogical features (...) including a general introduction, an introduction to each reading, study questions after each reading, and a glossary of key terms. -/- With one-third of its contemporary readings authored by women, Principles of Moral Philosophy is the most inclusive and balanced normative ethics reader available. (shrink)

Writing, the exigency of writing: no longer the writing that has always (through a necessity in no way avoidable) been in the service of the speech or thought that is called idealist (that is to say, moralizing), but rather the writing that through its own slowly liberated force (the aleatory force of absence) seems to devote itself solely to itself as something that remains without identity, and little by little brings forth possibilities that are entirely other: an anonymous, distracted, (...) deferred, and dispersed way of being in relation, by which everything is brought into question – and first of all the idea of God, of the Self, of the Subject, then of Truth and the One, then finally the idea of the Book and the Work so that this writing (understood in its enigmatic rigor), far from having the Book as its goal rather signals its end: a writing that could be said to be outside discourse, outside language. – Maurice Blanchot ( The Infinite Conversation , xi) The Compendium * Beginning with the idea and practice of writing, and moving to the subject or self, then to truth and the One, and arriving at the Book and the Work, Blanchot’s words reflect the trajectory of the following work of writing. True to the embeddedness of the subject in the work of writing, the term “Compendium” has been a metonym for me over the past few years as I have thought about the concept of totality alongside its expression in figures such as the One, the Whole, or the All. In the following I aim to share some of the content of this metonym, and to enrich it by making some distinctions. 1 Here the term “Compendium” will refer to a concept of totality that is ontological (pertaining to being, and the copula) and also textual (pertaining to the symbolic, and the signifier-signified relationship). The Compendium is a figure for thinking the world as a Book, in the broadest sense—an approach to reality that is by no means new, but one that is due for renewal. 2 In partial answer to the question of the Compendium we will say that the word ‘Compendium’ stands in for expressions which seek to totalize, or concepts which seek to approach the concept of ‘everything,’ particularly when these expressions are bound up in the question of the Book (both the book as a physical object and the Book as a metaphysical figure: a way of thinking about the work in and of writing). The question of the Compendium is strongly associated with the physical and metaphysical form of the Book, like the mysterious and symbolic books which are opened in the Biblical book of Revelation, the book of life and the book of death, which together constitute an important couplet. 3 Parataxis & Hypotaxis There are two helpful distinctions that will bring us closer to an answer to the question “What is a Compendium?” The first distinction is between two figures in and for writing: parataxis and hypotaxis . Typically paired in contrast to one another as literary techniques, with parataxis indicating a side-by-side placement of textual elements and hypotaxis referring to subordinate arrangements of textual elements, the two figures can be understood as having a philosophical significance in addition to their practical function as devices for writers. For us these two terms will remain between philosophical theory and writing practice, and serve as a perspective for our writing and creation of texts. Here I take texts to refer to anything from the concrete written words in a book, to the ontological text of the world that we experience. Parataxis , as a figural way of thinking about the ontological structure of texts, refers to texts which are tightly woven and interdependent – texts within which each sentence bears the weight of the entire work. Parataxis often involves repetition, great density, and fragility. One of the best examples of this sort of text is Theodor Adorno’s posthumous magnum opus , Aesthetic Theory . In addition to the text itself, the translation history of the book may also help us to better understand parataxis and its relation to hypotaxis . The final published version of Aesthetic Theory , in German, was a text that Adorno intended to revise and rewrite, but this intention was never realized because of his untimely death. Where the German text of Aesthetic Theory certainly exemplifies the concept of parataxis , the first English edition took this densely woven text and carved Adorno’s lengthy paragraphs and lengthy sentences into manageable ‘bite-sized’ pieces of English text. The first translator took further liberty and inserted headings and new paragraph breaks where there were none in the original. Aesthetic Theory was eventually retranslated by Robert Hullot-Kentor and is now available in a form that is much more faithful to the original work. 4 The pertinent idea that this translation history points to is the distinction between parataxis and hypotaxis . Where parataxis describes texts which are repetitive, densely woven, and often fragile, hypotaxis describes texts which are hierarchical and in which the primary relation is linear – the latter of which is very similar to the first English translation of Aesthetic Theory . On the other hand, the original German text that Adorno wrote was very dense, often repetitive, and contained long sections of text unbroken by paragraphs or headings. This example of parataxis was then turned towards hypotaxis through the initial translation which took a text that was, in many ways, nonhierarchical and nonlinear, and artificially subjected it to a hierarchy that was not its own (and here I take the word of Fredric Jameson who comments on the two translations in a note at the beginning of his book Late Marxism ). 5 The point here is not about translation, but rather the distinction between parataxis and hypotaxis precisely as they are figures for discourse, written or otherwise. The concept of parataxis looks far more postmodern and rhizomic than the concept of hypotaxis which remains very modern and arborescent. This is a more figural way of talking about the distinction. However, if we wanted to take a more precise and analytical approach we could say that on the level of form parataxis involves a relationship between sentences and paragraphs in which each part bears an equally crushing responsibility to present the whole content of the text. As well, on the level of content, parataxis requires that each concept in a work take on the full conceptual weight of the total work. Continuing the analysis, we could say that parataxis describes texts in which there is no (or very little) linear or causal move from antecedent to consequent, whether in content or form. Instead, parataxis describes texts which weave together concepts via conjugations or associations. The concept of hypotaxis , on the other hand, requires that texts submit themselves to hierarchy, one example of which is logical argumentation. The contingency of the conclusion upon premises in hypotaxis is certainly distinct from the repetition, re-presentation, and conjugation of concepts in parataxis , and I think that this is evident in the difference between the writing styles prevalent in contemporary Analytic philosophy and Continental philosophy. It is not the case that the distinction between parataxis and hypotaxis absolutely corresponds with the writing styles of Continental and Analytic philosophy (respectively). There are thinkers who take exception to this pattern, such as Badiou’s more formal approach in the discourse of Continental philosophy to give one example. However, when Analytic philosophy takes its writing lessons from the sciences, and seeks to do philosophy via the clean linear move from antecedent to consequent, then I think that Analytic philosophy writes with hypotaxis in mind. On the other hand, when Continental (particularly German and French) philosophy takes its writing lessons from narrative or poetry then Continental philosophy writes with parataxis in mind. It is not fair to say that all those writing Continental philosophy are looking to narrative and poetry for stylistic direction, just as it is not the case that all those writing Analytic philosophy have mathematics and science as their writing format, however there are some striking ways in which the differing epistemologies of Continental and Analytic philosophy encourage writing with parataxis and hypotaxis in mind (respectively). For some, writing with parataxis or hypotaxis in mind is a conscious decision and a product of stylistic self-consciousness, and for others it is an unconscious discursive and epistemic requirement that must be met in order to be involved in a particular discourse. Before moving on to our second distinction, and then an examination of the question of the Book, it is important to point out that both totality and figurations like the One, the Whole, and the All, come out of very human desires to totalize or to actualize our being-towards-totality. The relationship between identity and totality then can be construed, with Heidegger in mind, as striving toward wholeness, completion, or fulfillment, each of which is a quality of compendia. 6 Compilation & Selection The first distinction between parataxis and hypotaxis pertains to both form and content, and to both the mechanics of writing and the ideas to which writing refers. The second distinction pertains to both as well. In the process of writing and in the process of perception as well, there is a tension between compilation and selection . To begin with, in the work of theory-writing there is compilation, and this is because writing theory requires a broad perspective and certain measure of totalization. On the other hand, writing theory requires that the writer select an idea or a combination of ideas to individuate out of a radical and infinite multiplicity of identities and combinations. The concern here is not primarily for the writing of a theory about a specific idea, like a secondary work or a reference text. But rather the concern is with the writing of grand theories: Marx and Marxism, Derrida and Deconstruction, Husserl and Phenomenology, Sartre and Existentialism, Saussure and Structuralism —each of which strives along a trajectory towards being all-encompassing, whether it intends to or not. Today, we could even say that Speculative Realism has embarked on this journey, and perhaps now we could say that the discourse of Speculative Realism has reached the inevitable point after which a grand theory leaves the hands of its writer or writers and becomes a possession of the collective consciousness of the academy, or (perhaps now) the mass consciousness of the blogosphere—and this is a true pharmakon , a poison and a cure, a blessing and a curse. 7 When we write theory, whether the scope is that of a grand theory or a particular theory, we write in the tension between compilation (making good on the desire to be all encompassing) and selection (being required to decide and discern and to judge what is included in the work and what is deleted or appended or abridged or given over to ellipses). Generally speaking, the work of theory-writing often comes out of a desire to totalize, that is, to develop a theory of everything that is able to apprehend new experiences and ideas while still remaining whole. I grant that this is not a universal desire, and that not everyone who sits down to write a work (or book) of theory does so because of their will-to-totality, but it remains that this drive to totalize does condition a great many writers of theory (especially those who seek to develop grand theories like those mentioned previously). At the beginning of his book of interviews, Between Existentialism and Marxism , Sartre is quoted as saying, after completing the first volume of his Critique of Dialectical Reason : “I no longer feel the need to make long digressions in my books, as if I were forever chasing after my own philosophy. It will now be deposited in little coffins, and I will feel completely emptied and at peace—as I felt after Being and Nothingness . A feeling of emptiness: a writer is fortunate if he can attain such a state. For when one has nothing to say, one can say everything .” 8 This is where our two initial distinctions come to bear on the being-towards-totality as it is expressed in the concrete practice of writing: the first being between parataxis and hypotaxis , and the second being between compilation and selection. Where this second distinction is concerned there is a certain paradox at play given that selection is inescapable, and compilation is unachievable. Selection is inescapable (with the figure of the Compendium in mind) because, even when the imperative to compile is followed to excruciating lengths, selection still has the last word. This is why the Compendium is a figure rather than some material thing that can actually be accomplished or actualized. No matter how far one goes along with the will-to-archive and the will-to-compile, it is only ever a question of minimizing selection and never eliminating it. This leads to the second point, which is that total compilation is unachievable. The closest thing to total compilation that we have before us is the ontological and textual fabric of the world. Even in the case of the world, compilation cannot be enacted in a total fashion because of the need to include both the sphere of the actual and the sphere of the possible or potential. This as another way in which compilation is always-already selection, and further evidence that total compilation is practically impossible. Discursive Figuration and Total Writing Rather than figuration referring to a figure of speech or an image, here the term points to a way in which to think about the work of writing, both the work put into writing, and the work that is the result of writing: the finished yet incomplete final piece. As figures or figurations, the Book and the Compendium are ways of thinking about the work of writing and the human desire for the wholeness, completion, and fulfillment that are made manifest in the completed form of the book (whether a published or printed or saved document put to rest by the author). These two figures bear more strongly upon works that seek to be all-encompassing, and works that strive towards expressions of totality such as the One, the Whole, or the All. Moving on to the topic of the subtitle, and on a more prescriptive note, I would say that there is more hope for theory-writing to be found in parataxis than hypotaxis . Part of the reason for this claim is the poststructuralist critique of hierarchies, and yet another part is the compelling line of thinking called “weak thought” (in theology by John D. Caputo, and in philosophy by Gianni Vattimo, among others). 9 The consequences of these two convictions are such that if one is to strongly assert the truth of a grand theory without leaving the realm of hierarchy-critique and weak thought, then one must write paradoxically with parataxis in mind, and in so doing write weakly and non-hierarchically. This does not mean avoiding a sort of topography or topology when writing theory, rather it means avoiding both subjugation and oppression in thought by pursuing a nonviolent sort of ontology. In order to do this, theory writing does not present itself as an exercise in logical analysis where one mechanically moves from a set of premises (via contingency) to the inevitable conclusion (via necessity). Instead, theory approaches the idea of a Compendium. Given that the figural Compendium places parataxis and compilation above hypotaxis and selection, then the question becomes: is placing one part of a binary term before another not just another way of selecting, or another expression of hypotaxis ? Counter to the urge to resign oneself to the reign of selection, with some qualification one can nonetheless write without deciding whether selection and hypotaxis should be subservient to compilation and parataxis (which is to say that writing-without-decision is somewhere between and beyond possibility and impossibility). This dilemma can be disarmed by stating that theory writing is not about primacy, and not about having-decided-beforehand, both stylistically and also where content is concerned. This is the paradox of writing: always striving along a trajectory ( telos ) towards totality via parataxis and compilation, but always being drawn back to finitude and making selections, and placing one idea before another with hypotaxis in mind. In light of this paradox, the question of the Compendium as a figure for discourse and a figural Book has resonance with Jacques Derrida’s essay on Edmund Jabès’ Book of Questions , found in his Writing and Difference . The Question of the Book “Little by little the book will finish me.” 10 Derrida quotes Jabès, and proceeds to outline the reflexive relationship between the author of the book and the book itself, each of which are subjected to the other through a sort of chiasmus, both ontological and textual (not that the two are entirely separable). The Book, for Derrida like Blanchot in the introductory quotation, “infinitely reflects itself” and “develops as a painful questioning of its own possibility”, and in light of this we can draw an association with the painful tension between the practical reality of selection and the ideal trajectory of compilation. 11 This tension in writing, between the will to total compilation and the necessity of abridgment, is an ontological tension between part and whole just as it is a textual tension between signifier and signified. The ontological tension in writing that Derrida expresses in his essay on Jabès is between everything and nothing – a contradiction which Derrida finds in Jabès’ Book of Questions and also in the divine, in God. When one writes between compilation and selection one writes towards totality, and here we can follow Derrida who states that the lapse in signification, presumably in the signifier-signified discrepancy, is a “ rupture with totality itself” and furthermore that this lapse cannot be rectified through deductive reason or even philosophical discourse. 12 This rupture with totality, found in the troubled relation between signifier and signified, can also tell us a lot about the Book and about writing. Given an understanding of writing as an ontological act that strives towards (but never accomplishes) totality, we can see the written book as the manifested and given body of that striving. Perhaps in other disciplines or even other schools of philosophy there is a cultural climate within which the article is prized above the book, but I am fairly confident, especially when referring to the grand theories of Continental thought, that there is a respect for the book as a uniquely meaningful object capable of apprehending totality. Derrida writes, Between the too warm flesh of the literal event and the cold skin of the concept runs meaning. This is how it enters into the book. Everything enters into, transpires in the book. This is why the book is never finite. It always remains suffering and vigilant. 13 Here the vitality of the literal event is compromised by the deadening weight of the concept, and the figure of the Book assists in this lapse of meaning. The Book is a totalizing object, much like the figure of the Compendium, and yet this totalization lacks its final object of completed totality both because the figural Book is necessarily incomplete, and because the physical book is always-already a product of selection. Instead of achieving its end of being a place where everything takes place, it suffers from the lapse of writing, the discrepancy between event and concept. Derrida continues his exposition on Jabès by bringing to light yet another reflexive relation, a reversal of the relationship between the Book and the world. Derrida writes that, for Jabès, “the book is not in the world, but the world is in the book.” 14 In addition to what was stated before, I take figuration to mean that the concepts employed, such as the Book or the Compendium, are not subject to the supposed rigor of analysis that is so prized by Enlightenment or Capitalist realisms. The figure of the Book and the figure of the Compendium cannot be held accountable to standards imported from scientific method, given an understanding that these standards require a concept to be replicable, consistent, falsifiable, measurable, and so on… This is an important point to make, especially in the present atmosphere within which theory must justify itself under conditions that are not its own. Instead of being held to these standards, figuration serves as a way in which to think about writing that leaves thought open to idealistic speculation, imperfect analogies, and most importantly the ever-present gain and loss that occur in the relationship between thought and being. By extension the figural way of addressing writing indulges in enough generalization to accommodate the excess/lack relationship between the ideal form of the Book or the Compendium, and the manifested and given body of a text (as it is practically completed and closed). Here we speak against the hostile atmosphere which would have theory submit itself to hierarchical rigor, rather than Blanchot’s “enigmatic rigor”, by being explicit about the discursive conditions and epistemic conditions under which theory operates. To write with parataxis in mind is, to a certain degree, to write with weakness as one’s methodology (with weak thought being in opposition to hypotaxis and hierarchy as much as weak thought can be in opposition to anything). Rather than asserting the strength of hierarchical theory, and rather than employing antagonistic argumentation with the goal of refutation different discursive and epistemic conditions for theory writing must be cultivated (and these are by no means new). First the critical and theoretical spirit reveals itself as being concerned with the task of complication—especially the complication and critique of binaries, dichotomies, dualities, polarities, paradoxes, parallaxes, hybridities, and especially antinomies. Second, theory positions itself as a sort of showing or revealing, rather than being ultimately focused on coming to full agreement or disagreement. This is where figuration can help theory-writing, both by placing emphasis on teleologies and trajectories (like parataxis and compilation), and by shifting focus away from pure primacy, power, or absolute origin. Figuration then, assists theory writing by placing the concern of theory outside of the concerns of the hard or soft sciences, and into the realm of thought or the idea. To speak of ‘the’ Compendium or ‘the’ Book, here, is to generalize not regarding the perfect form of the Compendium or Book, but to engage speculatively with an abstract idea which remains singular and yet complicated by multiplicity. The question of the Book that Derrida asks through Jabès is a question of everything and nothing, totality and nonbeing, and this question is a concern for writing and a concern for the figure of the Compendium so defined by the tension between compilation and selection, and parataxis and hypotaxis . On the note of nonbeing, we can look to the final page of Derrida’s first essay on Jabès in Writing and Difference and notice the introduction of his neologism, différance (with an ‘a’). Derrida writes: Life negates itself in literature only so that it may survive better. So that it may be better. It does not negate itself any more than it affirms itself: it differs from itself, defers itself, and writes itself as différance . Books are always books of life (the archetype would be the Book of Life kept by the God of the Jews) or of afterlife (the archetype would be the Books of the Dead kept by the Egyptians). 15 This introduction of différance into the equation of the Book, alongside ontological affirmation and negation, hearkens back to the discussion of the symbolic lapse earlier in his essay. Differing and deferring, the Book is always a Book of Life and a figure for the intersection of the vital (life) and the total in writing. In a way, the writer of the Book may be someone who lives life, and in another way the writer of the book-as-object may be someone who engages in the act of writing, both practically (by inscribing words on paper, or typing script on a computer) and ontologically or symbolically (by investing their existence and inexistence into a work worthy of the figural Book). In addition to the writer as writer, the writer also serves as an editor, and the editorial role alongside the idea of the Compendium shows the editor to be one who collects and compiles, while being restrained by eventual selection and decision. Beyond this the editor of works and texts, in both the Book and the world, is engaged in a process of inscribing notation—of annotating (on) the Compendium. Eternal commentary is a feature of the textual Compendium, just as open-ended totality describes the ontological Compendium. The writer as writer does not simply write texts, but rather engages in a profoundly ontological act of inscribing their existence into the world, and the writer as editor does not merely annotate or alter texts as they are, but rather comments upon the text of the world. In/Conclusion So as we create texts, and as we write and create theory, let us be and remain attentive to the figure of the Compendium and the figure of the Book. These two concurrent metonymies are essential for total writing (grand theories, etc.), and may be forgettable for those concerned with fragmentary or hierarchical writing (which are valid in their own right). From the ontological and symbolic text of the world and phenomenological experience, to concrete texts such as books or mixed media, the figure of the Compendium and the figure of the Book are important for the actualization of the human will to be all-encompassing. The figure of the Compendium teaches writers of theory that the repetition, density, and fragility of parataxis offers a strong sort of weakness which does not become yet another variety of oppressive and hegemonic thought. Rather than write with hypotaxis in mind, subjugating one thought to another via cause and effect or antecedent and consequent, I would hope that theory-writing could guiltlessly indulge in the dialectical and contradictory conjugation of ideas, and take this as a legitimate methodology. Rather than being ashamed of showing resonances or giving way to abridgment or ellipses, it is my own authorial (but not authoritative) conviction that one need not give up on totalizing and constructing grand theories because of the fact that complete totalization is impossible, and one need not give up on totalizing and constructing grand theories because of the worry of violence, for the Book and the Compendium lack their completed object and are ever incomplete trajectories. NOTES * UPDATED 7/19/13: we've updated the HTML version to reflect the (correct) PDF version. Our apologies to the author—eds. 1. I would like extend thanks to Dr. Peter Schwenger of the University of Western Ontario for his comments on this paper and his hospitality as it was presented as a Theory Session at the Centre for Theory and Criticism on October 26th 2012. I would also like to thank Andrew Weiss for conversation and critique. 2. I should clarify my use of the term ‘figure’ at the outset. Given the use of the term by Jean-Francois Lyotard in Discourse, Figure (and also Gilles Deleuze in Francis Bacon ), I should state clearly that my use of the term will not correspond to the term ‘figure’ understood as the representation of an object. Instead, my use of the term ‘figure’ and its variations (‘figural’, ‘figurative’, ‘figuration’) will refer to the illustrative or metaphorical use of the Compendium or the Book as models or ways of thinking about writing and discourse. 3. Cf. Revelations 20:12-15. 4. Theodor Adorno, Aesthetic Theory , Trans. Robert Hullot-Kentor (London & New York: Continuum Press, 1997). 5. Fredric Jameson, Late Marxism: Adorno, or the Persistence of the Dialectic (London & New York: Verso, 1990), ix-x. 6. I have written about this concept of being-towards-totality elsewhere in two pieces of writing: the first is called Notes on the Compendium (an unfinished draft) which addresses some very wide theoretical concerns, being structured as a sort of itinerary or archive, and the second is Dialectics Unbound (Punctum Books, 2013) which outlines a concept of totality without the violence of totalization. While these works are more concerned with ontological totality, here I would like to focus on the idea of the Compendium as a textual totality. 7. Cf. Louis Morelle, “Speculative Realism: After Finitude and Beyond, A vade mecum” in Speculations: Journal of Speculative Realism . Issue 3 (Brooklyn, New York: Punctum Books, 2012), 241-272. 8. Jean-Paul Sartre, Between Existentialism and Marxism . Trans. John Matthews (London & New York: Verso, 1974), 9. 9. Cf. John D. Caputo, The Weakness of God (Indiana: Indiana University Press, 2006). 10. Jacques Derrida, “Edmond Jabès and the Question of the Book” in Writing and Difference . Trans. Alan Bass (Chicago: University of Chicago Press, 1978), 65. 11. Ibid, 65. 12. Ibid, 71. 13. Ibid, 75. 14. Ibid, 76. 15. Ibid, 78. (shrink)