La 4e de couverture indique : "Dans cet ouvrage de référence consacré à une analyse approfondie du thème du consentement aux soins dans la pratique médicale, M.-F. Civil porte son regard de médecin et de philosophe sur les comportements de bon nombre de praticiens à l'heure actuelle plus ou moins soumis à la « mathématisation » de la médecine. Loin de se contenter d'un état des lieux complet de la question, il nous conduit pas à pas sur les chemins d'une (...) « éthique existentielle » tout à fait singulière, renvoyant à des situations pratiques de soins où délibérer avant d'agir et réfléchir à l'action déjà prise permet aux patients d'exprimer le sens donné à leur vécu dans le cadre de leur projet de vie immédiate ou future. Son approche très phénoménologique, aux côtés notamment de Heidegger et Husserl, ouvre la porte à un vaste chantier de réflexion pour tous ceux qui envisagent de se pencher sur la manière concrète d'être-au-monde en médecine comme souci pour soi et pour les autres. Ainsi ce livre interpelle les étudiants, les chercheurs, les professionnels de santé, mais également tous ceux qui ont été, ou seront, tôt ou tard, confrontés au problème du consentement.". (shrink)

Writing in 1978, on the eve of Thatcherism’s political triumph, the cultural theorist Stuart Hall (Hall et al., 2013, p. 193) claimed Britain was experiencing a ‘crisis of hegemony’; a political, e...

Painless civilization is a term I coined in my Japanese book of the same title, which was published in 2003. Contemporary civilization aims to provide pleasure and comfort and eliminate pain and suffering as much as possible. This is especially evident in advanced countries. Contemporary civilization is moving toward a painless civilization. However, in a painless civilization, we are deprived of the joy of life, which is considered a fundamental source of meaning in life, and we are led toward the (...) situation of drowning in a sea of pleasure. This is a kind of dystopia, and we cannot find an easy way to escape from it. It is important to pay special attention to this aspect of contemporary civilization when we think about the future of our planet. (shrink)

Contends that Freud's theory of civilization is substantially sociological, and examines the philosophical and sociological implications of key Freudian ...

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

I HEARTILY accept the motto, “That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. (...) The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. This American government,—what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. It is a sort of wooden gun to the people themselves. But it is not the less necessary for this; for the people must have some complicated machinery or other, and hear its din, to satisfy that idea of government which they have. Governments show thus how successfully men can be imposed on, even impose on themselves, for their own advantage. It is excellent, we must all allow. Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of its way. It does not keep the country free. It does not settle the West. It does not educate. The character inherent in the Ameri-. (shrink)

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) and later, (...) in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

Civility is an essential feature of health care, as it is in so many other areas of human interaction. The article examines the meaning of civility, reviews its origins, and provides reasons for its moral significance in health care. It describes common types of uncivil behavior by health care professionals, patients, and visitors in hospitals and other health care settings, and it suggests strategies to prevent and respond to uncivil behavior, including institutional codes of conduct and disciplinary procedures. (...) The article concludes that uncivil behavior toward health care professionals, patients, and others subverts the moral goals of health care and is therefore unacceptable. Civility is a basic professional duty that health care professionals should embrace, model, and teach. (shrink)

Introductory: Civil Society, Participation, and Religion1.

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

In 1967, the superior general of the Society of Jesus, Pedro Arrupe, sent a memorandum on the American “racial crisis” to the Jesuit priests, brothers, and social institutions of the United States. Through appeals to the American legal and Catholic moral traditions, On the Interracial Apostolate articulated why Jesuits should strive to achieve racial equality, initiating a historic period of expansion in Jesuit civil rights programs. Given scholars’ limited engagement with On the Interracial Apostolate’s distinctive rhetorical features, this article explains (...) why the document was framed within the discursive framework of prophetic indictment by uncovering the influence of William J. Kenealy, a Jesuit legal scholar, on the document’s drafting. In light of this drafting history, this article concludes by suggesting that the emergence of twentieth-century “Jesuit anti-racism” can, in part, be explained by how questions about racial equality came to be understood as discrete expressions of broader debates about the American legal tradition’s moral foundations. (shrink)

Acknowledgments -- Introduction -- A composite definition -- Agreeing to differ -- Sympathy and deception -- How best to rule -- Entry and exit -- Intelligence in states -- Enemies -- Down with authenticity -- The disenchantment of the intellectuals -- The problem with communism -- The destruction of trust -- Imperialism, the perversion of nationalism -- Conclusion -- Index.

Civility is often treated as an essential virtue in liberal democracies that promise to protect diversity as well as active disagreement in the public sphere. Yet the fear that our tolerant society faces a crisis of incivility is gaining ground. Politicians and public intellectuals call for "more civility" as the solution--but is civility really a virtue? Or is it something more sinister--a covert demand for conformity that silences dissent? Mere Civility sheds light on this tension in (...) contemporary political theory and practice by examining similar appeals to civility in early modern debates about religious toleration. In seventeenth-century England, figures as different as Roger Williams, Thomas Hobbes, and John Locke could agree that some restraint on the wars of words and "persecution of the tongue" between sectarians would be required; and yet, they recognized that the prosecution of incivility was often difficult to distinguish from persecution.--. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...

The twenty-first century presents a major challenge for civil engineering. The magnitude and future importance of some of the problems perceived by society are directly related to the field of the civil engineer, implying an inescapable burden of responsibility for a group whose technical soundness, rational approach and efficiency is highly valued and respected by the citizen. However, the substantial changes in society and in the way it perceives the problems that it considers important call for a thorough review of (...) our structures, both professional and educational; so that our profession, with its undeniable historical prestige, may modernize certain approaches and attitudes in order to continue to be a reliable instrument in the service of society, giving priority from an ethical standpoint to its actions in pursuit of the public good . It possesses important tools to facilitate this work (new technologies, the development of communications, the transmission of scientific thought.···); but there is nevertheless a need for deep reflection on the very essence of civil engineering: what we want it to be in the future, and the ability and willingness to take the lead at a time when society needs disinterested messages, technically supported, reasonably presented and dispassionately transmitted. (shrink)

This paper investigates civility from an Aristotelian perspective and has two objectives. The first is to offer a novel account of this virtue based on Aristotle’s remarks about civic friendship. The proposed account distinguishes two main components of civility—civic benevolence and civil deliberation—and shows how Aristotle’s insights can speak to the needs of our communities today. The notion of civil deliberation is then unpacked into three main dimensions: motivational, inquiry-related, and ethical. The second objective is to illustrate how (...) the post-truth condition—in particular, the spread of misinformation typical of the digital environments we inhabit—obstructs our capacity to cultivate the virtue of civility by impairing every component of civil deliberation. The paper hopes to direct virtue theorists’ attention to the need to foster civic virtues as a means of counteracting the negative aspects of the post-truth age. (shrink)

In this article, we will discuss Civil Disobedience as a tool for non-violent protests. We will analyze the ideas from Thoreau to Kant, including the thoughts of Gandhi and Dworkin, verifying the effectiveness, or lack thereof, of their arguments in the political world. With regard to Dworkin and Gandhi, both inspired by Thoreau's thought, civil disobedience to norms provided a change in the political scenario, capable of effecting a mediation of conflicts through non-violence. Kant's perspective, in turn, presents the hypothesis (...) of peaceful resistance when the norms do not correspond to the proposed expectations, the general rule being the idea of respect and obedience to the law. Finally, to conclude this article, we will highlight the writings of Thoreau, Gandhi, Dworkin, and Kant, to postulate that civil disobedience must be linked to the criteria of non-violence, peace, justice, and legitimacy. (shrink)

To say Early Confucians advocated the possession of a sense of shame as a means to moral virtue underestimates the tact and forethought they used successfully to mold natural dispositions to experience shame into a system of self, familial, and social governance. Shame represents an adaptive system of emotion, cognition, perception, and behavior in social primates for measurement of social rank. Early Confucians understood the utility of the shame system for promotion of cooperation, and they build and deploy cultural modules (...) – e.g., rituals, titles, punishments – with this in mind. These policies result in subtle alterations to components of the evolved shame system that are detectable in data form contemporary cross-cultural psychology that show that populations in the Confucian diaspora have a unique shame profile compared to Western and non-Western populations. The status of Confucian diaspora populations as outliers in the context of shame is partially explained by appeal to the cultural transmission and historical endurance of relevant Early Confucian cultural modules. (shrink)

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress (...) on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

In recent years scholars have begun to question the usefulness of the category of ''religion'' to describe a distinctive form of human experience and behavior. In his last book, The Ideology of Religious Studies (OUP 2000), Timothy Fitzgerald argued that ''religion'' was not a private area of human existence that could be separated from the public realm and that the study of religion as such was thus impossibility. In this new book he examines a wide range of English-language texts to (...) show how religion became transformed from a very specific category indigenous to Christian culture into a universalist claim about human nature and society. These claims, he shows, are implied by and frequently explicit in theories and methods of comparative religion. But they are also tacitly reproduced throughout the humanities in the relatively indiscriminate use of ''religion'' as an a priori valid cross-cultural analytical concept, for example in historiography, sociology, and social anthropology. Fitzgerald seeks to link the argument about religion to the parallel formation of the ''non-religious'' and such dichotomies as church-state, sacred-profane, ecclesiastical-civil, spiritual-temporal, supernatural-natural, and irrational-rational. Part of his argument is that the category ''religion'' has a different logic compared to the category ''sacred,'' but the two have been consistently confused by major writers, including Durkheim and Eliade. Fitzgerald contends that ''religion'' imagined as a private belief in the supernatural was a necessary conceptual space for the simultaneous imagining of ''secular'' practices and institutions such as politics, economics, and the Nation State. The invention of ''religion'' as a universal type of experience, practice, and institution was partly the result of sacralizing new concepts of exchange, ownership, and labor practices, applying ''scientific'' rationality to human behavior, administering the colonies and classifying native institutions. In contrast, shows Fitzgerald, the sacred-profane dichotomy has a different logic of use. (shrink)

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard liberal model, while providing (...) a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...) legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)