This chapter contains sections titled: The architecture of MacIntyre's moral theory A closer look at internal goods The practicality of ethical reflection What counts as a practice: The proof, the pudding, and the recipe Boundary conditions: Practitioners, managers, interpreters, and fans.

This paper is based on the assumption that critical rationalism represents a middle position between absolutist and relativistic positions because it rejects all attempts of ultimate justification as well as basic relativistic claims. Even though the critical-rationalist problem-solving-approach based on the method of trial and error leads to an acknowledgment of the plurality of theories and moral standards, it must not be confused with relativism. The relativistic claims of the incommensurability of cultures and the equality of all views (...) of the world and all moral systems can be challenged by two basic critical‐rationalist arguments:(1) Popper’s critique of ‚the myth of the framework’; (2) the criticalrationalist conception of different levels of rationality (Albert, Agassi and Jarvie). In ethics moral standards and norms can be interpreted from a critical‐rationalist perspective as undogmatic suggestions for the regulation of social behaviour and as attempts to answer different problems, resulting from social life. This allows for the comparison of different moral standards, norms, practices and institutions with reference to the underlying problem situation and the search for culturally overlapping moral standards. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Trouble with TruthDavid NovitzTruth, Fiction, and Literature: A Philosophical Perspective, by Peter Lamarque and Stein Haugom Olsen; 481 pp. Oxford: Clarendon Press, 1994, £45.00 cloth.Lamarque and Olsen have written a surprisingly old-fashioned book. For one thing, it is carefully argued and altogether willing to sacrifice the sensational for the painstakingly difficult. Because its style is sometimes reminiscent of the careful labored philosophy of Oxford in the sixties, (...) there are many who will yawn, others who will grumble at the very idea that arguments can be sound or unsound, and assertions true or false. As a result, the book, which is a wholesome antidote to pretentiousness in literary theory and philosophy, runs the risk of being ignored by those who most need it.IThe story of the book is easily told. It begins with an excellent and accessible account of fiction (Part 1) which is used to dissect the pretensions of postmodernist literary theory—most especially the tendency (as the authors see it) to regard all discourses as fictional (Part 2). Although fiction and literature are identifiable as such “only within the context of certain practices,” each belongs to its own distinctive practice and should not be confused with the other. Even so, just as a proper understanding of fiction requires that we adopt the right “stance,” literary value can be apprehended only by taking the conventionally [End Page 350] prescribed stance—the “literary stance”; one which cannot be explicated in terms of the concept of truth. Theirs is a no-truth theory of literature that purports to distinguish literature from philosophy, and to offer an account of literary merit in terms of “universal values” that transcend particular cultures (Part 3).Needless to say, the value of this book does not only reside in the story it tells. Since it is a philosophical work and forms part of the practice of philosophy, the book is concerned with the development of our understanding, and not with the development of an intriguing narrative. In short, the value of the book—and it has considerable value—resides in careful analyses and well-developed arguments, in the understanding it promotes, in its engagement with other positions on the topic, and in its commendable clarity. Presumably, then, its value is to be determined by adopting not a “literary stance,” but what, following the authors, we could call a philosophical stance. Put thus, we see at once that whatever else this book achieves, it also invites reflection on philosophy as a practice, and on its relation to what the authors regard as the practice and the institution of literature.But why can’t philosophy develop and deploy narratives? The short answer is that it can, and that some philosophers have done as much. 1 And it is arguable, too, that there are philosophical tracts that would be much improved by doing so. But most traditional Anglo-American philosophy does not incorporate narratives. This, it seems to me, has much to do with fashion. As presently conducted, Anglo-American philosophy is a practice that emphasizes truth and reason to the exclusion of narrative and literary adornment. And so, in this respect, it is very different from literature—or at least this is what Lamarque and Olsen propose to argue. For according to the “no-truth” theory of literature that they defend, “the concept of truth has no central or ineliminable role in critical practice” (p. 1), and it is simply false that literary works “have the constitutive aim of advancing truths about human concerns...” (p. 368).IIThe argument that follows is a responsible and perceptive philosophical treatment of the relationship between fiction, literature, and truth. Fiction, we are told, cannot be explained as a type of language, nor can it be explained in terms of the truth-value of its sentences. Rather, it must be explained as a rule-governed practice, “central to [End Page 351] which are a certain mode of utterance (fictive utterance) and a certain complex of attitudes (the fictive stance)” (p. 32). Fictive utterance and response depend on the practice of fictive story-telling which is mastered at an early age (p. 33). In... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Trouble with TruthDavid NovitzTruth, Fiction, and Literature: A Philosophical Perspective, by Peter Lamarque and Stein Haugom Olsen; 481 pp. Oxford: Clarendon Press, 1994, £45.00 cloth.Lamarque and Olsen have written a surprisingly old-fashioned book. For one thing, it is carefully argued and altogether willing to sacrifice the sensational for the painstakingly difficult. Because its style is sometimes reminiscent of the careful labored philosophy of Oxford in the sixties, (...) there are many who will yawn, others who will grumble at the very idea that arguments can be sound or unsound, and assertions true or false. As a result, the book, which is a wholesome antidote to pretentiousness in literary theory and philosophy, runs the risk of being ignored by those who most need it.IThe story of the book is easily told. It begins with an excellent and accessible account of fiction (Part 1) which is used to dissect the pretensions of postmodernist literary theory—most especially the tendency (as the authors see it) to regard all discourses as fictional (Part 2). Although fiction and literature are identifiable as such “only within the context of certain practices,” each belongs to its own distinctive practice and should not be confused with the other. Even so, just as a proper understanding of fiction requires that we adopt the right “stance,” literary value can be apprehended only by taking the conventionally [End Page 350] prescribed stance—the “literary stance”; one which cannot be explicated in terms of the concept of truth. Theirs is a no-truth theory of literature that purports to distinguish literature from philosophy, and to offer an account of literary merit in terms of “universal values” that transcend particular cultures (Part 3).Needless to say, the value of this book does not only reside in the story it tells. Since it is a philosophical work and forms part of the practice of philosophy, the book is concerned with the development of our understanding, and not with the development of an intriguing narrative. In short, the value of the book—and it has considerable value—resides in careful analyses and well-developed arguments, in the understanding it promotes, in its engagement with other positions on the topic, and in its commendable clarity. Presumably, then, its value is to be determined by adopting not a “literary stance,” but what, following the authors, we could call a philosophical stance. Put thus, we see at once that whatever else this book achieves, it also invites reflection on philosophy as a practice, and on its relation to what the authors regard as the practice and the institution of literature.But why can’t philosophy develop and deploy narratives? The short answer is that it can, and that some philosophers have done as much. 1 And it is arguable, too, that there are philosophical tracts that would be much improved by doing so. But most traditional Anglo-American philosophy does not incorporate narratives. This, it seems to me, has much to do with fashion. As presently conducted, Anglo-American philosophy is a practice that emphasizes truth and reason to the exclusion of narrative and literary adornment. And so, in this respect, it is very different from literature—or at least this is what Lamarque and Olsen propose to argue. For according to the “no-truth” theory of literature that they defend, “the concept of truth has no central or ineliminable role in critical practice” (p. 1), and it is simply false that literary works “have the constitutive aim of advancing truths about human concerns...” (p. 368).IIThe argument that follows is a responsible and perceptive philosophical treatment of the relationship between fiction, literature, and truth. Fiction, we are told, cannot be explained as a type of language, nor can it be explained in terms of the truth-value of its sentences. Rather, it must be explained as a rule-governed practice, “central to [End Page 351] which are a certain mode of utterance (fictive utterance) and a certain complex of attitudes (the fictive stance)” (p. 32). Fictive utterance and response depend on the practice of fictive story-telling which is mastered at an early age (p. 33). In... (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

The notion of virtue in general, and courage in particular, has had a hard time integrating itself into the everyday lexicon of bioethics. Following the lead of enlightenment moral philosophy, which concentrates on the theory of right action as opposed to the ancient Greeks' emphasis on the development of good character, bioethics, with some notable exceptions, has tended to relegate consideration of the virtues to the sidelines of moral argument. Recently, however, there have been calls for the necessity of “moral (...) courage” in the context of clinical ethics. As nurses, physicians, and other health care professionals confront a variety of moral contexts in which the virtue of courage is invoked to "do the right thing," stand up for patients' rights, and uphold the ethical standards of their professions, they are increasingly reminded of their moral duty to exhibit courage in the face of institutional obstacles to the proper care of their patients. For example, a nurse's hesitation to approach a physician to request increased sedation for an agitated patient out of fear of retaliation is represented in one article as a lack of courage.In this paper we offer a critical assessment of such invocations of courage. While we find courage to be an indispensable virtue in some challenging contexts, in other settings we find invocations of courage to be both an unfortunate endorsement of an oppressive status quo that can divert attention from the real problems and an undesirable and potentially destructive strategy within health care institutions whose goal is medically excellent and morally good clinical practice. As we shall argue, a call to virtuousness is not always virtuous. (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)

ExtractPolitical liberals very often appeal to a so-called division of moral labour that separates the regulation of institutions from that of personal conduct. Probably the most famous statement of this idea is found in these remarks from John Rawls: The principles of justice for institutions must not be confused with the principles which apply to individuals and their actions in particular circumstances. These two kinds of principles apply to different subjects and must be discussed separately., (...) p. 47) Kok-Chor Tan's excellent new book renews and extends the case for accepting some version of Rawls's view, which Tan calls the ‘institutional focus’ in distributive justice. If Tan is right, then the liberal focus on institutions is not only defensible in its own right, but also helps support further elements of egalitarian theorizing, including some that Rawlsians often reject. In particular, Tan believes that a focus on institutions helps secure a more plausible ‘luck egalitarian’ approach to distributive justice, and that it also supports a version of cosmopolitanism about global justice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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Arnold Burms: Professor Williams has said that he is willing to answer some of our questions about his work. Given the amount of work he has to do here in a few days, this was a generous decision for which we are genuinely grateful. Professor Van de Putte will start the discussion with some questions about the relation between theory and practice.André Van de Putte: In Ethics and the Limits of Philosophy you situate ethical thought in the context of (...) a movement of reflection. To quote from page 112: “It is too late at this stage to raise the prior question: `Why reflection?' — too late in terms of this inquiry, and always too late in terms of the question itself, since one could answer it without prejudice only by not considering it.” And just before that quotation you also said that “the drive to theory has roots in ethical thought itself” and a little bit further you say: “The important question at this point is why reflection should be taken to require theory.” Now I would like to elaborate a little bit on these remarks and ask you to comment on what I'm going to say.Three things should be stressed concerning ethical reflection which are important for moral philosophy and for our understanding of moral philosophy. The first one is this: the person who is reflecting is already part of a concrete society when he or she starts reflecting. That means that he or she has been socialized in a concrete ethos and has already an experience of a substantive ethical life. In this sense he or she does not need to invent ethical life.The second remark is this: ethical reflection is in itself already the expression of an ethical intention. By asking the question `How should one live?', one shows that one is interested in living an ethical life. In this sense I can agree with what I think you say in Ethics, namely that the question `Why should I be moral?' is not meaningful for a moral thinker. The answer to the moral question, the results of his reflection are not meant to convince him or his readers to be moral. On the contrary, he starts precisely from this interest in morality and tries to understand what it means to be moral, what his wish to be moral implies.My third point is the most important. In starting his reflection the thinker has as it were decided that his answer will only be acceptable if it is valid for all, if it can be justified for all. In the moral question itself, a norm of universality is implied. And given the fact that the moral question is itself the expression of an ethical intention, this is important. If he would not assume this norm, he would in my view not really be posing the question. We can immediately understand this if we consider the alternative.Suppose a moral thinker who assumes that an answer to the moral question will be valid only when it suits him. Would we say in this case that this person is really asking the moral question? I do not think so. To put this another way, my thesis is that in the reflection the person who reflects is subjecting himself to the law of thinking itself, to the law of reason, in other words, to the law of universality, of non-contradiction. In the question he discovers this law as a norm for himself asking the moral question and thus as a norm inherent in moral intention. I think that this is precisely what Kant discovered and why for so many there is an important link between ethics and reason and why we are, as you say, driven to theory: since we want a universal answer, since a moral norm implies universality, we are looking for a theory, for a universal justification. But this is not yet the full story. All that I have said only becomes visible on the reflective level. It is only visible, as it were, once one starts reflecting.This means that the norm of universality cannot and must not be understood as a concrete norm which can and should replace the norms of the concrete ethos we all already live in when we start reflecting. I think rationalism in ethics is precisely that: the belief that this norm and what one hopes to deduce from it can and should replace the concrete ethos. I think it must be clear that this cannot be done. As we all know the Kantian imperative is formal and negative and does not produce any content. If we need content — and of course we need it — it should come from our historical ethos. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational--it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure--any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority--whether it be organized religion, the nation-state, or free-market capitalism--emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

The reference to the vagina as “it” or “down there” is symptomatic of two larger cultural problems: not naming the vagina when speaking about the vagina, and conflating the vagina with the external female genitalia. The euphemisms and obfuscating language have implications both for lay understandings of female bodies and for the practice of health care. Granting and using a name gives both the named and the namer power and legitimacy.

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational--it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure--any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority--whether it be organized religion, the nation-state, or free-market capitalism--emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Photo by Alex Guillaume on Unsplash Introduction The problem of climate change raises some important philosophical, existential questions. I propose a radical solution designed to provoke reflection on the role of humans in climate change. To push the theoretical limits of what measures people are willing to accept to combat it, an extreme population control tool is proposed: allowing people to reproduce only if they make a financial commitment guaranteeing a carbon-neutral upbringing. Solving the problem of climate change in the (...) long run by halting the procreation of human beings is controversial. In the absence of human beings and consequent climate change, other animals and plant species would benefit from an atmosphere more conducive to prolonging their existence and even improving their ability to thrive. If someone were to invent something to reverse the effects of climate change and improve animals’ lives, then human beings’ presence would be justified by the invention. Whether the propagation of the human species is beneficial to anyone or anything but human beings themselves is difficult to answer. Perhaps human beings are unfit to tackle this issue, being unable to judge it objectively. Managing Procreation: An alternative to Piecemeal Approaches Measures aimed at reducing greenhouse gases by nudging individuals and corporations may have a positive effect, but if their behavior is not climate neutral, they continue to contribute to climate change. Consequently, as long as the number of people increases, reducing greenhouse gases is at best a mitigation tool. If humans could rely solely on renewable energy, decreasing the population arguably would not be necessary. Significantly reducing the number of people appears to provide a solution to both problems: people who do not exist do not contribute to climate change, and renewable energy could meet the demand of a smaller population. One option is to let only those who produce the problem pay for its solution. One could determine the expected annual emission of greenhouse gases per person, assuming an average life expectancy, and calculate the costs to compensate them by, e.g., installing extra solar panels. Those expected costs could then be paid by the parents of each new person annually over the first eighteen years of that person’s life by dividing the total expected costs by eighteen. There are also practical difficulties. It would be difficult to determine the payment necessary. What should be done if a child has been born whose parents cannot afford to pay? In addition, child benefits could be canceled, contrary to recent incentives for child births instated in Italy,[1] where additional benefits will be made available to pay for childcare, and Hungary,[2] where women with four children or more will be exempted for life from paying income tax. A transition period could exist once the policy has been adopted, since it would be unreasonable to confront those who are already pregnant with costs they could not reasonably have expected. While the analysis is both hypothetical and theoretical, the impracticality is a noteworthy obstacle. There are several practical issues that cannot be addressed here, like the difficulty of calculating the added negative effects of each new individual and the unlikelihood that many citizens will support politicians who propose adopting policies that discourage having children. The upshot of what I have proposed is that climate change can be solved in the long run without financial costs to society as a whole, notwithstanding the transitional measures that would bring costs with them. Managing Procreation to Reduce Suffering Should this be deemed too harsh a stance, it is important to consider the basic issue of whether it is justified to introduce measures to reduce the number of people in an already overpopulated world, especially if climate change leads to additional suffering. One need not agree with Benatar, but his perspective must at least be taken seriously: It is curious that while good people go to great lengths to spare their children from suffering, few of them seem to notice that the one guaranteed way to prevent all the suffering of their children is not to bring those children into existence in the first place.[3] Benatar argues that non-existence is preferable to existence,[4] which raises the question why new people should be created at all. Those who question whether this planet will be habitable for future generations presuppose that such generations will exist. If people are not brought into existence, they may be said to be deprived of what life has to offer, but life must not be presupposed to be something positive. Whether this is the case in fact merits an inquiry of its own. A solution to the problem of climate change despite an increased population does not equate to a positive outcome since it merely means that something negative is removed. After all, solving the problem is not a means to an end, but a means to a means, the latter means being a means to a happy life, which does not automatically ensue from a solution to the problem. Benatar, as an anti-natalist, argues that procreation is morally wrong. His basic idea is that there is an asymmetry between pleasure and pain and that the pleasure that is not experienced by someone because that person does not exist is not something bad whereas the absence of pain that is not experienced – for the same reason – is something good.[5] Accordingly, “The reason why we do not lament our failure to bring somebody into existence is because absent pleasures are not bad.”[6] One may question whether such a perspective suffices to prove that coming into existence is always a harm, but the assertion that coming into existence exposes a new being to potential harm is clear. Objections A drawback of the proposed radical solution, placing the financial impediment on procreation, is that it will not solve climate change in the short run. A significant drop in the number of people may have a positive effect in the long run, but for now the behavior of the people in existence is the problem. Other climate change mitigation policies would necessarily continue. Additionally, there are important practical reasons to continue to procreate. The benefits for the elderly are paid for by the labor force. It is a problem that new generations are created as mere means to benefit older people. Perhaps more troubling, a pyramid scheme is created: by the time those people have themselves become old, a new labor force must have been brought into existence, a process that must presumably continue. If a consideration for people in developing countries to have children is that they cannot provide for themselves at an advanced age, while benefits are either lacking or insufficient, developed countries could collectively fund a pension scheme.[7] This may be low-cost if it is tailored to the living standard in the countries in question and given the life expectancy. Such a pension scheme should be predicated on the countries’ efforts in reducing the birth rate. If the labor force decreases, the economy may suffer. The focus on economic growth is arguably one of the causes of climate change, but if the number of people is reduced, the living standard does not have to be compromised, since the economy can then still grow. If fewer people began to use natural resources and nonrenewable energy at higher per capita rates, then the procreation might not be beneficial to the climate. It would need to be accompanied by regulations on use. One may also object that only wealthy people will be able to afford children. This is correct, but there is no right to have a child one cannot afford. The right to procreate does not entail the right to have as many children as one wants.[8] Yet in many countries, like the United States, it is a fundamental right that is constitutionally protected. There are numerous social, emotional, and even biological reasons why people choose to procreate. These may include the joy of having a family, the hope that children may bring in society, and the intergenerational transference of knowledge. People may have a strong desire to raise children or even a religious duty. If someone procures a sports car that is highly polluting, it would be justifiable to impose a tax in such a case. Many taxes and fines are imposed on corporate polluters. Procreation is significantly different but if the issue is regarded with some distance, then a climate change prevention tax could be appropriate. Some may argue that raising children is expensive already, which nonetheless does not deter people from having children. The tax I propose would be additional and specifically dedicated to carbon neutrality, but it would be difficult to predict whether it would discourage procreation. One last objection may be that for those now dedicated to sustainability for preserving the earth for the sake of future generations, there would be little or no incentive to continue any climate change mitigation efforts at all. If they sense they cannot afford to procreate, they may simply use every natural resource rather than save the earth for animals or for next generations. In a democracy, this problem does not exist if the majority can afford to procreate and agree with legislation on the basis of which such behavior is discouraged or punished. CONCLUSION Prior to their existence, there is no obligation to bequeath the earth to next generations. Such generations will only exist if they are actually created, and there is no obligation to create them. The lack of existence should not be confused with harm. Climate change provides an important reason to stem overpopulation. Ironically, fast rates of procreation may lead to the earth becoming uninhabitable for humans altogether. The radical solution that has been proposed here is an unrealistic scenario. For now, the average global birth rate is just over 18 per thousand people, but there is a need to ensure that the number of people is not greater than the planet can endure. While it is better to prevent problems than to solve them, the interest in procreation and its associated joys, usefulness, and cultural value make mass reduction in the population unlikely. Some countries have smaller average family size than others and can act as models for reducing population in a less radical way. The need to continue efforts to reduce climate change persists. Whether it would curb population growth or not, an additional financial burden applied to neutralizing each person’s offspring’s carbon footprint provides a meaningful thought exercise that could help alleviate the pressure on current climate mitigation strategies. [1] The Local Italy, How Italy’s new ‘Family Act’ aims to increase the plunging birthrate, https://www.thelocal.it/20200612/what-you-need-to-know-about-italys-new-family-act/. [2] BBC, Hungary tries for baby boom with tax breaks and loan forgiveness, https://www.bbc.com/news/world-europe-47192612. [3] David Benatar, Better never to have been, 6. [4] David Benatar, Better never to have been, 44, 58. [5] David Benatar, Better never to have been, 14, 30, 38. [6] David Benatar, Better never to have been, 35. [7] Alastair Leithead, “Can Niger break out of its cycle of poverty?”, https://www.bbc.com/news/world-africa-41018081; Sebastien Malo, “Fewer children, fewer climate risks? Niger ponders a controversial option”, https://www.reuters.com/article/us-niger-climate-change-familyplanning-idUSKBN1WM11E. [8] Sarah Conly, “The Right to Procreation: Merits and Limits,” American Philosophical Quarterly 42, no. 2 : 105-115, 105, 106. (shrink)

In this wide ranging volume of philosophical essays John Haldane explores some central areas of social life and issues of intense academic and public debate. These include the question of ethical relativism, fundamental issues in bioethics, the nature of individuals in relation to society, the common good, public judgement of prominent individuals, the nature and aims of education, cultural theory and the relation of philosophy to art and architecture. John Haldane is Professor of Philosophy, and Director of the Centre for (...) Ethics, Philosophy and Public Affairs in the University of St Andrews. He is also a former Royden Davis Professor of Humanities at Georgetown University and is currently a Senior Fellow of the Witherspoon Institute, Princeton. As well as being a prominent academic philosopher he is well known in Britain, in North America and elsewhere in the English-speaking world as a public intellectual and social commentator. 'In Practical Philosophy, John Haldane eloquently makes the case for an approach to ethics that is distinctively practical — thought with a view to action. Taking his inspiration from a tradition that includes Aristotle, Aquinas, and Elizabeth Anscombe, Haldane argues that an orthodox dichotomy has long dominated both philosophical and everyday thinking: we must be either dualists or material reductionists. Both of these alternatives, however, neglect a subtle approach to intentionality and agency offered by the Aristotelian tradition. Haldane uses his illuminating approach to advance arguments on a number of controversial moral and political issues: the status of the foetus, the importance of the family, compensation for victims of crime, the basis of human solidarity across national boundaries. Although his conclusions are frequently controversial, Haldane always avoids polemics and the ideological parti pris, thus giving a welcome example of respectful and civil public argument.' — Martha Nussbaum 'What resources can philosophy bring to bear, when its enquiries are not theoretical, but practical? In Practical Philosophy John Haldane answers this question in a brilliant survey of key issues, showing us how a variety of theories can obscure or distort our view of the practical realities of life, family, and society. With admirable clarity he also shows us how philosophy can rescue us from such theorizing.' — Alasdair MacIntyre. (shrink)

IntroductionTo explore academia perceptions and experience with unethical authorship practices in their respective institutions.Method21 in‐depth interviews were carried out.ResultsOur analysis revealed variability in experiences with various types of unethical authorship practices among the interviewees. Second, we found that unethical authorship practices are not so unusual among academia although the exact numbers of incidents are unknown due to the fact that such practices are seldom reported. Third, our interviewees revealed that the culture of (...) ‘publish or perish’ could be the main contributor to unethical practices of authorship because publication records are the main criteria for researcher's career evaluation besides, others, which are set by the university.ConclusionIt was suggested that the institution must play a proactive role in educating and promoting awareness on authorship guidelines, through education and training, ethical leadership as well as promoting the importance of publication ethics. (shrink)

Diagnosing Challenging Oppositional Disorder on children and young people is approached by health as a disorder that has a compilation of features that can even make the disorder easily camouflaged or confused with others, such as Attention Deficit Hyperactivity Disorder or Disorder. In addition to the discussions of a TOD’s clinical perception, it’s necessary to deconstruct some norms and look at this difference, through another perception in which it allows us to reflect TOD from a philosophical social (...) perspective.This research sought to reflect on characteristics present in the Disorder and problematize them according to the theory proposed by Michael Foucault about governmentality, this being a concept that basically expresses a manifestation of power in which conducts the conduct of the persons. As a result, the research points out that it is essential to analyze and monitor the behavior of children with suspicion of COD in different contexts, not supporting them only in medical characteristics. Relating to the concepts of the difference’s philosophy, can see children’s attitudes, seen by society as a diversion of behaviors, as manifestations of reverse-behaviors or even, resistance stemming from a normalizing society in the various institutions scattered by social knitting: at school, or family, which are the two most cited in this article. In short, society must have a distinctly deconstructed way of subjectivizing children to future subjects who practice freedom. Keywords: Challeging oppositional Disorder. Governmental. Power relationship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Update on Waiving Informed Consent in Emergency ResearchCharles R. McCarthyMadam: The closing statement of my article on Waiving Informed Consent in Emergency Research published in the June 1995 issue of the Kennedy Institute of Ethics Journal was: "No doubt we shall hear more of this issue."Indeed, we have heard much more on this issue. (1) In May 1995, after my article had already gone to press, the Food and (...) Drug Administration (FDA) and the National Institutes of Health (NIH) jointly published a report on the Public Forum on Informed Consent in Clinical Research Conducted in Emergency Circumstances. (2) On July 26, 1995, the Department of Health and Human Services (HHS) published in the Federal Register a Notice of Action Related to Emergency Research Activity (60 FR 38353-54). This action constituted a waiver of the requirement to obtain prior informed consent from subjects, as required by the Department's Regulations for the Protection of Human Subjects (45 CFR 46), for one specific NIH-funded project under strictly defined circumstances. (3) On September 21, 1995, FDA published a proposed rule to amend its current informed consent regulations (21 CFR 50) to permit harmonization of federal policies on emergency research and to reduce confusion as to when such research can proceed without obtaining prior informed consent from research subjects. The proposed regulation provides a narrow exception to the requirement for obtaining and documenting informed consent from each human research subject.The HHS waiver (a harbinger of a proposed amendment to its regulations) and the FDA proposed rule are intended to be harmonized so that an Institutional Review Board (IRB) in compliance with one set of regulations relative to the waiver of informed consent will be, ipso facto, in compliance with the other set of regulations.In brief: The FDA proposed amendments will allow an IRB to waive informed consent in emergency situations when:1. The human subjects are in a life threatening condition;2. Obtaining informed consent is not feasible because: (i) the subjects will not be able to provide consent because of their medical condition, (ii) the intervention must be administered before consent from legally authorized representatives is feasible, (iii) there is no reasonable way to identify prospectively the individuals likely to become eligible for the research because the emergence of the condition to be studied cannot be predicted reliably in particular individuals; [End Page 385]3. The opportunity to participate is in the interest of the subjects because: (i) a life threatening situation necessitates intervention, (ii) the risk of the intervention is reasonable in the light of what is known about the medical condition and the patient, the risks and benefits of current therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity;4. The research could not practicably be carried out without the waiver;5. Additional protection of the rights and welfare of the subjects will be provided including, at least: (i) consultation (which may include consultation carried out by the IRB itself) with representatives of the communities from which the subjects will be drawn, (ii) public disclosure prior to commencement of the study sufficient to describe the study and its risks and benefits, (iii) public disclosure of sufficient information following completion of the study to apprise the community and researchers of the study and its results, and (iv) the establishment of an independent data and safety monitoring board;6. The IRB has reviewed and approved an informed consent document for use with subjects or legal representatives in situations in which obtaining such consent may be feasible for some subjects.The preamble to the proposed amendments to the regulations and the amendments themselves contain much more information than is presented here. Readers are therefore encouraged to study the proposals carefully. The public comment period ended November 6, and the FDA is expected to issue a final rule in 1996.Charles R. McCarthyKennedy Institute of Ethics Georgetown University Washington, DCCopyright © 1995 The Johns Hopkins University Press... (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

The politics of interpretation should not be confused with interpretive practices such as political theory, political commentary, or histories of political institutions, parties, and conflicts that have politics itself as a specific object of interest. In these other interpretive practices, the politics that informs or motivates them—“politics” in the sense of political values or ideology—is relatively easily perceived and no particular meta-interpretive analysis is required. The politics of interpretation, on the other hand, arises in (...) those interpretive practices which are ostensibly most remote from overtly political concerns, practices which are carried out under the aegis of a purely disinterested search for the truth or inquiry into the natures of things which appear to have no political relevance at all. This “politics” has to do with the kind of authority the interpreter claims vis-à-vis the established political authorities of his society, on the one side, and vis-à-vis other interpreters in his own field of study or investigation, on the other, as the basis of whatever rights he conceives himself to possess and whatever duties he feels obligated to discharge as a professional seeker of truth. This politics which presides over interpretive conflicts is difficult to identity because traditionally, in our culture at least, interpretation is thought to operate properly only as long as the interpreter does not have recourse to the one instrument which the politician per vocationem utilizes as a matter of course in his practice—the appeal to force as a means of resolving disputes and conflicts.11. I have followed the lead of Max Weber in defining the phrase “politics of interpretation.” In “Politics as Vocation,” Weber wrote that “ ‘politics’ means for us striving to share power or striving to influence the distribution of power, either among states or among groups within a state” . Rather than discuss the age-old problem of the professional interpreter’s political responsibilities, I will consider that politics which is endemic to the pursuit of truth—the striving to share power amongst interpreters themselves. The activity of interpreting becomes political at the point where a given interpreter claims authority over rival interpreters. As long as this claim is not reinforced by appeal to the power of the state to compel conformity of belief or conviction, it is “political” only in a metaphorical sense. Of course, interpretation becomes political when a given point of view or finding is taken as orthodoxy of belief by those holding political power, as in the Soviet Union, Germany under Hitler, or any number of religiously puritanical regimes. But these are the easy cases. It is much more difficult to determine the political nature of interpretive practices which, as in literary criticism or antiquarian scholarship, appear to have no bearing upon political policies or practices.Hayden White is a professor and director of the program in the history of consciousness at the University of California, Santa Cruz. He is coeditor of Representing Kenneth Burke and is currently working on a book on the rhetoric of realism. His previous contributions to Critical Inquiry are "The Value of Narrativity in the Representation of Reality" and "The Narrativization of Real Events". (shrink)

This paper begins with a discussion of the translations of the term “ontology” in Chinese language, and argues that its translation as “bentilun”(in Chinese PinYinorthography) can be supported by ample evidence from the history of doctrine and the tradition of Chinese culture. Therefore, It is necessary to keep this translation on condition that one distinguish strictly “ontology” as a branch of philosophy from “bentilun” as a special morphology of philosophical theory. Examining the history of metaphysics, this thesis draws (...) a clear line of demarcation between “traditional ontology” and “modern ontology”, and reveals themain characteristics of traditional ontology. It holds that although the reformation of Marx’s Philosophy was realized through criticizing traditional ontology, his Philosophy did not abolish the concept of ontology as a branch of the discipline. The ontology of Marx’s philosophy is a theory that considers natural being, social being and human being as a unity. This theory emphasizes understanding the meaning of being from the perspective of a pattern. The main idea of ontology of Marx’s philosophy is that of a practical outlook and practical model of thinking. First, the concept of ontology and its translations would be reviewed. As regards itsderivation, we could find that Ontologie in German and in French both came from the word of Ontologia in Latin, which originated from the Greek. In the literal meaning of Greek,this word means the “logos” of “on”. In Greek, “on” corresponds to “being” in English. As to its signification, according to Heidegger, “on” has a twofold meaning that can signify both “being in general” and “the ground of being”. The former is close to essence while the latter to origin. From the angle ofhistory, Goclenius was the first one who used the term “Ontologia” in philosophy in 17th century. Since then this word was used and developed by subsequent philosophers. Although this term appeared in 17th century, yet its correlative questions had been studied from ancient Greece. The sticking point here is to pay attention to the demarcation between subject and theory. As a branch subject or as a universal noun, “Ontology” is counted in the historical tradition of western philosophy. Here all the problems discussed are public, but the concrete solutions and viewpoints are different. The former corresponds to the level of subject and the latter to the level of theory. These two levels must not be confused or substituted from one and other. That is, different ideas, schools and opinions could bebrought under the same problem. So it could be said that traditional ontology and modern ontology are two branches. Of course these two branches are very different in dealing with the problem of Ontology. This difference could be illustrated as following: (1) What to be→beings→substance —traditional ontology; (2) How to be→the mode of being→relation—modern ontology. Obviously both begin with the problem of being and end with Ontology, while their approaches are very different. The essential characteristic of traditional ontology is to seek the eternal substance, pursue the transcendent nature, establish the base of knowledge, and take the absolute truth as the ultimate telos. Traditional ontology ended with the critique of modern philosophy, Marxmade the crucial critique of traditional ontology in his remarks on Hegel’s philosophy. His critique of Hegel’s speculative method is actually the critique of traditional ontology although Marx himself never used the term of ontology explicitly in his new philosophy. Being in Marx’s philosophy is the real world of real beings. Concretely speaking, it is sensible world, objective world or human world that is integrated on the base of human praxis. The keystones here are natural being, social being and human being. There are some important similarities between Marx’s ontological approach and Heidegger’s ontology, that is, to understand the meaning of being through the mode and relation of being. In any case, the standpoint and thinking mode of praxis characterize the ontology of Marx’s philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:James J. Gibson's Ecological Approach:Perceiving What ExistsWilliam M. Mace (bio)Environmental Philosophy and EpistemologyThe purpose of this paper is to help an audience attracted to environmental philosophy get to the core of Gibson's system in a compact form and to appreciate the necessity for an account of the environment in epistemology. I hope to show that Gibson's is a consistent and scientifically progressive account of knowing that gives (...) the environment its due and that this is not a simple matter of fiat but a call to extended scientific investigation. I want to stress that Gibson's work is scientifically progressive in the sense that it has consistently opened new avenues for research. If one could be assured tomorrow that Gibson was correct and his critics wrong, the ecological psychology enterprise would not have to be shut down with nothing left to do. The goal of the enterprise, certainly for Gibson, was not to be declared a winner but to open doors for discovery. Because Gibson has developed a theory of perceiving the environment, it would be worth exploring as an important topic for environmental philosophers covering a wide range of issues. It offers an intriguing, environmentally based, grounding for epistemology; it offers ways to deal [End Page 195] with practical issues within "pure science"; and it is open to reorganizing ways to conceptualize problems beyond epistemology.Gibson developed a richly articulated system that grew steadily over a period of 50 years, 1929 to 1979, which he devoted to "puzzling over" the "perplexities" of vision (1979, xiii). From Gibson's standpoint, knowledge begins with perception, and perception is perceiving the environment. The environment, for Gibson, is at least as essential as the brain to the existence and exercise of "the mind."As an empiricist, knowledge is based on perception for Gibson. But perception, at root, turns out to be perception of the environment. Entities like sense data and representations become "after the fact" curiosities for Gibson, and have no role to play in the foundations of perceptual experience and, a fortiori, knowledge. If Gibson is correct, then scientific accounts of perception must converge on environmental perception. A philosopher whose primary focus is epistemology, and who works within Gibson's system, would perforce be an environmental philosopher—not (first) because of a special concern for the environment, but because an adequate appreciation of relevant facts requires it. Of great importance to environmental philosophers is that Gibson not only provides an account of perceiving grounded in access to environmental properties, but he establishes a basis for perceiving this particular world as a specific arrangement of surfaces. The world we perceive, according to Gibson, is a connected, public world that we share. It is, again, the world, the logical individual world and not an abstraction. This is not an account of the experience of abstract shapes, distances, and motions. It is a system in which travelers can visit the pyramids and in which I can trip over your garbage.Is there a symmetric direction of influence? Just as a commitment to understanding knowledge scientifically and philosophically can lead one to focal considerations of the environment, could a deep concern for the environment as a value lead to the serious study of perception and, more broadly, epistemology? It seems entirely plausible. Gibson's is a "yin and yang" system of scientific complementarities beginning with animal and environment and extending to knowledge and value (in his concept of affordance). In each complementarity, the terms are differentiable but not entirely independent. Animals and their environments are different entities and should not be confused with one another, but they also are so [End Page 196] mutually dependent that one should not imagine a thorough account of one without the other. In like manner, objects and value (first through use) are not independently comprehensible in Gibson's system. This is a theme worthy of careful examination of detailed examples. I am not doing that in this paper, but hope that enough of the flavor of Gibson's work will come through to allow a reader to understand how one might be steered to epistemology from an initial concern with environment and values and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:James J. Gibson's Ecological Approach:Perceiving What ExistsWilliam M. Mace (bio)Environmental Philosophy and EpistemologyThe purpose of this paper is to help an audience attracted to environmental philosophy get to the core of Gibson's system in a compact form and to appreciate the necessity for an account of the environment in epistemology. I hope to show that Gibson's is a consistent and scientifically progressive account of knowing that gives (...) the environment its due and that this is not a simple matter of fiat but a call to extended scientific investigation. I want to stress that Gibson's work is scientifically progressive in the sense that it has consistently opened new avenues for research. If one could be assured tomorrow that Gibson was correct and his critics wrong, the ecological psychology enterprise would not have to be shut down with nothing left to do. The goal of the enterprise, certainly for Gibson, was not to be declared a winner but to open doors for discovery. Because Gibson has developed a theory of perceiving the environment, it would be worth exploring as an important topic for environmental philosophers covering a wide range of issues. It offers an intriguing, environmentally based, grounding for epistemology; it offers ways to deal [End Page 195] with practical issues within "pure science"; and it is open to reorganizing ways to conceptualize problems beyond epistemology.Gibson developed a richly articulated system that grew steadily over a period of 50 years, 1929 to 1979, which he devoted to "puzzling over" the "perplexities" of vision (1979, xiii). From Gibson's standpoint, knowledge begins with perception, and perception is perceiving the environment. The environment, for Gibson, is at least as essential as the brain to the existence and exercise of "the mind."As an empiricist, knowledge is based on perception for Gibson. But perception, at root, turns out to be perception of the environment. Entities like sense data and representations become "after the fact" curiosities for Gibson, and have no role to play in the foundations of perceptual experience and, a fortiori, knowledge. If Gibson is correct, then scientific accounts of perception must converge on environmental perception. A philosopher whose primary focus is epistemology, and who works within Gibson's system, would perforce be an environmental philosopher—not (first) because of a special concern for the environment, but because an adequate appreciation of relevant facts requires it. Of great importance to environmental philosophers is that Gibson not only provides an account of perceiving grounded in access to environmental properties, but he establishes a basis for perceiving this particular world as a specific arrangement of surfaces. The world we perceive, according to Gibson, is a connected, public world that we share. It is, again, the world, the logical individual world and not an abstraction. This is not an account of the experience of abstract shapes, distances, and motions. It is a system in which travelers can visit the pyramids and in which I can trip over your garbage.Is there a symmetric direction of influence? Just as a commitment to understanding knowledge scientifically and philosophically can lead one to focal considerations of the environment, could a deep concern for the environment as a value lead to the serious study of perception and, more broadly, epistemology? It seems entirely plausible. Gibson's is a "yin and yang" system of scientific complementarities beginning with animal and environment and extending to knowledge and value (in his concept of affordance). In each complementarity, the terms are differentiable but not entirely independent. Animals and their environments are different entities and should not be confused with one another, but they also are so [End Page 196] mutually dependent that one should not imagine a thorough account of one without the other. In like manner, objects and value (first through use) are not independently comprehensible in Gibson's system. This is a theme worthy of careful examination of detailed examples. I am not doing that in this paper, but hope that enough of the flavor of Gibson's work will come through to allow a reader to understand how one might be steered to epistemology from an initial concern with environment and values and... (shrink)

In my essay on Austin I did not specify what I took the politics of my own discourse to be, but the institutional pressures on it, in particular the pressures of the professionalization of American philosophy, were in outline clear enough. I was more and more galled by the mutual shunning of the continental and the Anglo-American traditions of philosophizing, and I was finding more and more oppressive the mutual indifference of philosophy and literature to one another, especially, I suppose, (...) of American philosophy and American literature, and especially philosophy's indifference to the literary conditions of its own existence. I was still near the beginning of what is turning out to be a lifelong quarrel with the profession of philosophy. One of its recent manifestations has been the question put to me by certain professional colleagues whether I do not take satisfaction from the newer literary theory and criticism, especially as that has been inspired by developments over the past fifteen or so years in French intellectual life. This would seem to answer my plea at one stroke for both continental philosophy and for an understanding with literary matters. The fact is that my ambivalence toward these developments has been so strong, or anyway periodic, that I have found it difficult to study in any very orderly way.The reason for my difficulty is contained in what I mean by my quarrel with the profession of philosophy. That this is a quarrel means that I recognize the profession to be the genuine present of the impulse and the history of philosophy, so far as that present takes its place in our public intellectual life. This is what makes my quarrel with it a part of what I take my intellectual adventure to be. My point in the quarrel is that I can recognize no expression of mine to be philosophical which simply thinks to escape my profession's paradigms of comprehensibility; so that the invocations of the name of philosophy in current literary debate are frequently not comprehensible to me as calls upon philosophy. It may be that I should care less about this than I do, even less than my ambivalence asks. I mean to bear this in mind as I go on to spend the bulk of my time here considering in a practical way some passages from the writing of two literary theorists who have recourse to the work of Austin. In the case of the passages from Stanley Fish, it may be that my efforts will just amount to clearing up some unnecessarily confusing terminology; some passages from Paul de Man I find more troubling.Stanley Cavell, professor of philosophy at Harvard University, is the author of, among other works, Must We Mean What We Say?, The Senses of Walden, The Claim of Reason, and most recently Pursuits of Happiness. His previous contributions to Critical Inquiry are "On Makavejev On Bergman" , "A Reply to John Hollander" , and "North by Northwest". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Good Work:An Engaged Buddhist Response to the Dilemmas of ConsumerismDavid Landis BarnhillConsumerism is such an ingrained part of our culture, it is paradoxically difficult to avoid and easy to ignore. Sometimes it seems like the water we modern fish swim in.But the Buddhist call to awareness of our state of mind and the nature of reality leads us to reflect on it, to encounter it as directly as possible. (...) When we do, it is all too clear that consumerism goes directly against virtually everything Buddhism stands for. In thinking about a Buddhist response to it, what first comes to mind is the rich monastic tradition, with its trenchant analysis of the pervasiveness of desires, the ideal of life lifted free of craving, and the inviting simplicity of the communal life. But as an engaged Buddhist, I almost immediately feel that, compelling as it is, this monastic tradition is insufficient, particularly at a time when consumerism has become so devastating on a global scale. While the monastic tradition offers a model of a nonconsumer lifestyle, it does little to affect the industrialized world's accelerating exhaustion of natural resources. I sometimes put this point in mythical Buddhist imagery by saying that we live in a culture of hungry ghosts.1 But that would be optimistic. While hungry ghosts have a bloated stomach of insatiable cravings, their throats are as thin as pins. Modern culture has a gargantuan mouth and throat, and yet we still act as if our bellies are empty.So what can we as Buddhists do about such a destructive culture? Engaged Buddhism is a way of confronting social, political, and psychological poisons that threaten our world, and it offers an effective counter to consumer culture in at least three main ways. There is the extension of the Buddhist analysis of reality beyond the psychological and the metaphysical to the social, structural dimension of life of economic systems and political institutions. In the social context, the Buddhist truth of the mutual co-arising of phenomena takes on a more immense scope than the mere conditioning of consciousness, and a more concrete—and thus soiled—quality than Huayan Buddhism's mesmerizing metaphysics of Indra's net. The interpenetration of life (pratītya-samutpāda) includes billboards and boardrooms, peasants uprooted from their land as coffee is planted in their place. I live not just in interrelationship with the postglacial hills of Wisconsin but also with the mountains of toxins spewed [End Page 55] into the air to give us cheap, but very costly, energy. As Stephen Batchelor has said, "the contemporary social engagement of Dharma practice is rooted in awareness of how self-centered confusion and craving can no longer be adequately understood only as psychological drives that manifest themselves in subjective states of anguish. We find these drives embodied in the very economic, military, and political structures that influence the lives of the majority of the people on Earth."2 Engaged Buddhism gives us an incisive way to comprehend and critique our situation, and we stand on more solid ground as we view the vast and painful interconnections.Second, engaged Buddhism also can give us a vision of a social and political alternative, one that is based not on the three poisons of greed, hatred, and delusion but on generosity, compassion, and wisdom. But in doing so Buddhism must go beyond the limits of its own tradition and draw on the insights of contemporary social and environmental philosophies, from anarchism to bioregionalism. A creative merging of Buddhism and such ecosocial thought can help us work toward a modern life of communalism rather than consumerism, of contentment rather than self-perpetuating desire.3Third, engaged Buddhism gives us a basis for directly responding to a world of craving and suffering. Activism against the rising tide of consumerism—and against the social, political, and military structures and the deafening ideologies that support it—can emerge from a meditational steadiness. Contemplative activism avoids rage, burnout, and psychic numbness and allows us to meet greed and hatred with peace in a spirituality of resistance. Such a religiously based activism, however, needs to join hands4 with social philosophy and... (shrink)

The contributions in the current issue of Ethical Perspectives mainly derive from a conference on Catholic Intellectual Traditions organized jointly by the Katholieke Universiteit Leuven and the Erasmus Institute, University of Notre Dame, and held at Leuven from November 10th to the 11th, 2000. As the reader can see from a quick perusal of the table of contents, the contributions cover a diverse range of topics. The reader might well ask what such contributions have to do with a journal concerned (...) with ethical perspectives. What do contributions bearing on religious themes from literature, or reflections on mystical love, or on Catholicism and modern scholarship, have to do with a journal devoted to ethics? Surely we have all learned to our benefit from Kant that ethics is entirely autonomous with respect to religion. If there is a relation, it is one that must respect that autonomy, and not muddy the waters by bringing back the outmoded promiscuity of religion and ethics, and especially it must guard against religion trying to sly its way back to dominion over ethics once again.A reply to this line of reflection would be that Ethical Perspectives is concerned not only with perspectives, not only with what happens within perspectives, but with ethical perspectives as themselves coming to articulation within contexts that contain all the richness of human life as lived. Such contexts cannot be considered apart from serious reflection on religion as expressing the sense of ultimate worth that humans understand and try to live diversely. Contexts have to do with the ethos within which ethical perspectives, and our determinate address to specific ethical dilemmas occur. The practice of a religion, or the absence of it, or indeed the rejection of such practice, communicates something of our sense of the most ultimate ethos of being, and its goodness.Clearly this communication will also be effected in a diversity of ways: for instance, in the understanding we have of the economy and the state as serving, or despoiling, the worth of human life; or in the art and literature that offer us images of significant human possibility set forth for imaginative contemplation with a forthrightness more integral than the confused flux of everyday life allows; or in the secret love of prayer that draws the human soul towards its most extreme abandonment and adoration. Ethical perspectives do not make full sense in the determinate terms they overtly set forth, but draw from sources of value that more often than not remain implicit and intimate to the perspectives themselves. Full ethical reflection requires mindfulness of these more intimate sources, and an honest address towards our religious being is demanded by such reflection. Such honesty is asked of a non-believer as of a believer. Both indeed may be differently called into question by that honesty.If the conference was organized with reference to Catholic Traditions, does this indicate a kind of sectarian narrowness for the intellectual, despite what the word `catholic' might betoken? It will be evident from the contributions that no such narrowness is here at work. Quite the opposite: it is the rich diversity that is striking. One does hear reference to the `ghetto' of Catholic ways, perhaps Church ways, perhaps Christian ways generally. This is a very interesting word: `ghetto'. The discerning reader will note in some of the contributions a strong sympathy for Judaism. But in some instances we will be urged to get out of our `ghetto'. It might seem that as `Catholics' or `Christians' we are already `Jews'. Who put us into the `ghetto'? Is this self-incurred? It seems there are some who have consigned themselves to their own `ghetto', but while this may be true, are there not `ghettos' of religion that are the afterlives of certain Enlightenment ways of thinking about religion, afterlives internalized by those religious who would get out of this now self-imposed ghetto, and make their accommodation with more enlightened ways. How delightfully tangled it all is! We preach repentance and wonder at the end who it is that needs to repent, perhaps we the preachers! One thinks of Lear telling the judge to bring the lash to himself. I don't believe Lear was a Catholic, but he certainly was not an Enlightenment intellectual.There is a question worth asking here, in that for not a few the notion of a `Catholic intellectual' or `Christian intellectual' is an oxymoron. To be a real intellectual is not to be affiliated to an organization that already knows in advance what the truth is. One is reminded of those debates earlier in the 20th century between Bertrand Russell and Frederick Copleston. Russell: You are a Catholic, ergo you already know the answer, ergo you cannot honestly ask the question, ergo what you do cannot be philosophy, that is, free thinking.Very clever, of course, and not without some truth. Do we have to agree with Heidegger that a Christian philosophy is a round square? The problem here, of course, is philosophical. I would say: to be a philosopher is to be able to ask about anything, including religion. But the how of the asking is very important. The asking about religion might well seek a confirmation for what is held beforehand. But this holds true of the critics of religion as much as the sympathizers. The shoe is sometimes on the other foot. It is not only the apologetic Catholics who bring presuppositions to bear on the asking of a question, but so also do those critics who, mirabile dictu, strangely often find their own presuppositions confirmed once again. How easy to accuse the other of not being a `real' intellectual; how galling when it turns out that one's own practice of the free intellect mirrors one's chained opponent.The lesson I take: we inevitably bring fundamental presuppositions to bear in the asking of determinate questions. And it is these presuppositions we need to understand as much as the determinate questions and determinate answers. We are all put to the test. This is more catholic than the offensive critic or the defensive apologist. But you must have trust in mind to be willing to let one's thought be thus open. Such trust cannot be accounted for fully in the determinate ideas one explores or defends. It is interesting also that this trust, in the how of asking questions, mirrors the trust in the how of a person's faith or hope in God. This trust bears on this and that situation or difficulty, but it is in excess of this or that determinate situation or difficulty. It concerns sources of expectation in truth and goodness that are more than we can determine in advance. They are more than we can ever determine completely, since they make our determining possible. We are given to be in this expectation which we cannot completely determine through ourselves alone. And one might say that religion is the way we are given to keep open our communication to these sources of ultimate trust. Russell's cleverness is admirable, but that cleverness will not do to deal with the issue. If the issue concerns ethos or context in the sense implied above, cleverness will never do justice to that. While religion has the power to make us more discerning here, there is a cleverness that tends to make us obtuse.Of course, we intellectuals and academics love cleverness, since we think we are very clever ourselves. Here is one of our sources of difficulty with religion. People who are not clever like us also seem to be religious. If so, one might be tempted to say: being religious then cannot be the same as being clever; it might not even be clever to be religious; ergo to be a truly clever intellectual and academic, I must leave religion in my youth, and put on adult ways of thinking. One might even add to the clinching argument: for ethical reasons we must leave that behind, for just as our thinking must be autonomous, so we must our being ethical become entirely autonomous. Adieu religion!There is an argument here, but one wonders if there are also hints of the operation of a sly process of shaming. We now live in a time where processes of embarrassment are often at work in the initiation of young academics and intellectuals. I hear it said, or rather I hear the significant silence saying this: “It is not that we argue against religion, it's just that well, we real intellectuals don't talk about such things anymore”. We may speak at the top of our heads as post-modernists who have robustly deconstructed the Enlightenment ideal, but at the level of the more elusive and intimate embarrassment we are unself-conscious children of the Enlightenment. But did not the Enlightenment tell us no longer to be children. But now, with our heads we postmoderns tell ourselves we no longer want to be children of the Enlightenment, but in our hearts with regard to religion we are still such children — I mean children of the Enlightenment. Is it not time for that child also to grow up. If I were allowed to prophesy — and of course I am not allowed, since prophecy is now said not only to be inadmissible but impossible — I would inadmissibly and impossibly have to say that at the end of that growing up being religious might again wait gently for this stout child. How galling this will be, I do not prophesy, since we will then have to make our peace with all those people there who are not as clever as we are.We all know Kant's remarks about Enlightenment freeing us from self-incurred tutelage. And of course, our servility to spiritual despots and priestly powers was part of that tutelage. And so we have become autonomous thinkers. What if this autonomy comes to mean that we substitute for self-incurred tutelage a kind of self-incurred spiritual mutilation? If God is the distinguished thing, this may be so; and no amount of self-exculpation, not even ethical self-exculpation, in terms of our being denizens of the epoch of the death of God, will quite exonerate our blasé lack of urgency about divine ultimacy. (shrink)

The contributions in the current issue of Ethical Perspectives mainly derive from a conference on Catholic Intellectual Traditions organized jointly by the Katholieke Universiteit Leuven and the Erasmus Institute, University of Notre Dame, and held at Leuven from November 10th to the 11th, 2000. As the reader can see from a quick perusal of the table of contents, the contributions cover a diverse range of topics. The reader might well ask what such contributions have to do with a journal concerned (...) with ethical perspectives. What do contributions bearing on religious themes from literature, or reflections on mystical love, or on Catholicism and modern scholarship, have to do with a journal devoted to ethics? Surely we have all learned to our benefit from Kant that ethics is entirely autonomous with respect to religion. If there is a relation, it is one that must respect that autonomy, and not muddy the waters by bringing back the outmoded promiscuity of religion and ethics, and especially it must guard against religion trying to sly its way back to dominion over ethics once again.A reply to this line of reflection would be that Ethical Perspectives is concerned not only with perspectives, not only with what happens within perspectives, but with ethical perspectives as themselves coming to articulation within contexts that contain all the richness of human life as lived. Such contexts cannot be considered apart from serious reflection on religion as expressing the sense of ultimate worth that humans understand and try to live diversely. Contexts have to do with the ethos within which ethical perspectives, and our determinate address to specific ethical dilemmas occur. The practice of a religion, or the absence of it, or indeed the rejection of such practice, communicates something of our sense of the most ultimate ethos of being, and its goodness.Clearly this communication will also be effected in a diversity of ways: for instance, in the understanding we have of the economy and the state as serving, or despoiling, the worth of human life; or in the art and literature that offer us images of significant human possibility set forth for imaginative contemplation with a forthrightness more integral than the confused flux of everyday life allows; or in the secret love of prayer that draws the human soul towards its most extreme abandonment and adoration. Ethical perspectives do not make full sense in the determinate terms they overtly set forth, but draw from sources of value that more often than not remain implicit and intimate to the perspectives themselves. Full ethical reflection requires mindfulness of these more intimate sources, and an honest address towards our religious being is demanded by such reflection. Such honesty is asked of a non-believer as of a believer. Both indeed may be differently called into question by that honesty.If the conference was organized with reference to Catholic Traditions, does this indicate a kind of sectarian narrowness for the intellectual, despite what the word `catholic' might betoken? It will be evident from the contributions that no such narrowness is here at work. Quite the opposite: it is the rich diversity that is striking. One does hear reference to the `ghetto' of Catholic ways, perhaps Church ways, perhaps Christian ways generally. This is a very interesting word: `ghetto'. The discerning reader will note in some of the contributions a strong sympathy for Judaism. But in some instances we will be urged to get out of our `ghetto'. It might seem that as `Catholics' or `Christians' we are already `Jews'. Who put us into the `ghetto'? Is this self-incurred? It seems there are some who have consigned themselves to their own `ghetto', but while this may be true, are there not `ghettos' of religion that are the afterlives of certain Enlightenment ways of thinking about religion, afterlives internalized by those religious who would get out of this now self-imposed ghetto, and make their accommodation with more enlightened ways. How delightfully tangled it all is! We preach repentance and wonder at the end who it is that needs to repent, perhaps we the preachers! One thinks of Lear telling the judge to bring the lash to himself. I don't believe Lear was a Catholic, but he certainly was not an Enlightenment intellectual.There is a question worth asking here, in that for not a few the notion of a `Catholic intellectual' or `Christian intellectual' is an oxymoron. To be a real intellectual is not to be affiliated to an organization that already knows in advance what the truth is. One is reminded of those debates earlier in the 20th century between Bertrand Russell and Frederick Copleston. Russell: You are a Catholic, ergo you already know the answer, ergo you cannot honestly ask the question, ergo what you do cannot be philosophy, that is, free thinking.Very clever, of course, and not without some truth. Do we have to agree with Heidegger that a Christian philosophy is a round square? The problem here, of course, is philosophical. I would say: to be a philosopher is to be able to ask about anything, including religion. But the how of the asking is very important. The asking about religion might well seek a confirmation for what is held beforehand. But this holds true of the critics of religion as much as the sympathizers. The shoe is sometimes on the other foot. It is not only the apologetic Catholics who bring presuppositions to bear on the asking of a question, but so also do those critics who, mirabile dictu, strangely often find their own presuppositions confirmed once again. How easy to accuse the other of not being a `real' intellectual; how galling when it turns out that one's own practice of the free intellect mirrors one's chained opponent.The lesson I take: we inevitably bring fundamental presuppositions to bear in the asking of determinate questions. And it is these presuppositions we need to understand as much as the determinate questions and determinate answers. We are all put to the test. This is more catholic than the offensive critic or the defensive apologist. But you must have trust in mind to be willing to let one's thought be thus open. Such trust cannot be accounted for fully in the determinate ideas one explores or defends. It is interesting also that this trust, in the how of asking questions, mirrors the trust in the how of a person's faith or hope in God. This trust bears on this and that situation or difficulty, but it is in excess of this or that determinate situation or difficulty. It concerns sources of expectation in truth and goodness that are more than we can determine in advance. They are more than we can ever determine completely, since they make our determining possible. We are given to be in this expectation which we cannot completely determine through ourselves alone. And one might say that religion is the way we are given to keep open our communication to these sources of ultimate trust. Russell's cleverness is admirable, but that cleverness will not do to deal with the issue. If the issue concerns ethos or context in the sense implied above, cleverness will never do justice to that. While religion has the power to make us more discerning here, there is a cleverness that tends to make us obtuse.Of course, we intellectuals and academics love cleverness, since we think we are very clever ourselves. Here is one of our sources of difficulty with religion. People who are not clever like us also seem to be religious. If so, one might be tempted to say: being religious then cannot be the same as being clever; it might not even be clever to be religious; ergo to be a truly clever intellectual and academic, I must leave religion in my youth, and put on adult ways of thinking. One might even add to the clinching argument: for ethical reasons we must leave that behind, for just as our thinking must be autonomous, so we must our being ethical become entirely autonomous. Adieu religion!There is an argument here, but one wonders if there are also hints of the operation of a sly process of shaming. We now live in a time where processes of embarrassment are often at work in the initiation of young academics and intellectuals. I hear it said, or rather I hear the significant silence saying this: “It is not that we argue against religion, it's just that well, we real intellectuals don't talk about such things anymore”. We may speak at the top of our heads as post-modernists who have robustly deconstructed the Enlightenment ideal, but at the level of the more elusive and intimate embarrassment we are unself-conscious children of the Enlightenment. But did not the Enlightenment tell us no longer to be children. But now, with our heads we postmoderns tell ourselves we no longer want to be children of the Enlightenment, but in our hearts with regard to religion we are still such children — I mean children of the Enlightenment. Is it not time for that child also to grow up. If I were allowed to prophesy — and of course I am not allowed, since prophecy is now said not only to be inadmissible but impossible — I would inadmissibly and impossibly have to say that at the end of that growing up being religious might again wait gently for this stout child. How galling this will be, I do not prophesy, since we will then have to make our peace with all those people there who are not as clever as we are.We all know Kant's remarks about Enlightenment freeing us from self-incurred tutelage. And of course, our servility to spiritual despots and priestly powers was part of that tutelage. And so we have become autonomous thinkers. What if this autonomy comes to mean that we substitute for self-incurred tutelage a kind of self-incurred spiritual mutilation? If God is the distinguished thing , this may be so; and no amount of self-exculpation, not even ethical self-exculpation, in terms of our being denizens of the epoch of the death of God, will quite exonerate our blasé lack of urgency about divine ultimacy. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a (...) fresh negotiation with, for example, the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

MacIntyre’s theory of practices, institutions, and their respective kinds of goods, has revived and enriched the ethical critique of market economies, and his view of politics as centrally concerned with common goods and human flourishing presents a major challenge to neutralist liberal theorists’ attempts to exclude distinctively ethical considerations from political deliberation. However, the rejection of neutrality does not entail the rejection of liberalism tout court: questions of human flourishing may be accorded a legitimate role in political decisions-including (...) those about economic systems - provided that the powers of the state remain subject to certain recognizably liberal constraints. Further, although neutralist liberals often defend market economies on the mistaken grounds that they alone are consistent with the principle of ethical neutrality, a non-neutralist defence of them should not be ruled out, especially if the substantive theory of goods used to evaluate them is somewhat less restrictive than MacIntyre’s. (shrink)

The aim of this study is to characterize the weak discussion about the Human Rights in Franco’s time, not in general, but by testing Vallet de Goytisolo’s works. This author is deeply influenced by the lectures of M. Villey, Parisinian philosopher well-known by his denial of Human Rights. A comparative study of these authors will be done focusing on two - faced aspects : the strength and fragility of their doctrines. Both authors are defined as supporters of the Methodical Realism (...) (Aristotelian-Thomist school), although their arguments and sources are very similar, their purposes and conclusions are different. Juan Vallet does not reject the Human Rights, but he prefers the denomination of ethical-legal principles, that is, moral categories that must guide the legislative and judicial praxis. The root of these ethical-legal principles is the ethical-natural principles extracted at natural order, and the duty of all authority is to adequate his rules to the nature of things, exactly as in Saint Thomas. In Vallet’s works, the theoretical reason for this rejection is that the notion of fundamental right is scientifically unsatisfactory to understand the complexity of the social reality. The practical reason defends that the Civil right should not be confused with the power or faculty of the individual, errors of nominalism, but the origin of these powers is to be found in the context of a particular legal relationship. However, in the end, this catalogue of rights will be not feasible for the citizen, since these rights are at the mercy of the legislator or the judge. They are liable to obey these principles, only morally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Politics of Practical Reason: Why Theological Ethics Must Change Your Life by Mark RyanDavid ElliotThe Politics of Practical Reason: Why Theological Ethics Must Change Your Life Mark Ryan eugene, or: cascade books, 2011. 229 pp. $20.80If the spirited debate between Stanley Hauerwas and Jeffrey Stout remains front-page news in theological ethics, then Mark Ryan’s subtle and penetrating The Politics of Practical Reason will help keep it there. (...) Ryan argues that practical reason is the hinge of ethical thinking and that it is “political” in the sense of shaping the community or polis. Given this hinge, the pressing question is of course, “Whose practical reason?” To answer this, Ryan probes major contemporary ethicists from Charles Taylor to Alasdair MacIntyre, but the book always circles back to Hauerwas and Stout. Their debate is ultimately decided by proxy, through a mediating philosopher whose work on practical reason Ryan sees both as the gold standard and as the indispensable background for understanding Hauerwas. Expecting this to be MacIntyre, the reader may be surprised—and perhaps even convinced—that the philosopher who best explains and possibly vindicates Hauerwas is in fact Elizabeth Anscombe, Ludwig Wittgenstein’s protégé, close friend, and translator.The book opens with Anscombe’s Intention (1957), which Donald Davidson called “the most important treatment of action since Aristotle.” In it, Anscombe argued that intention presupposes desire and is declared in public language within a context of social practices presupposed for agency to be intelligible. The implication is that we form intentions as members of a community with a particular form of life sustained by social practices. With human desire as its motivating nisus, Ryan insists that intention “is part of the very form of practical reasoning, then, to be political” (144).Having retrieved Anscombe’s model of practical reason, Ryan examines the field of contemporary ethics to see who measures up. Charles Taylor fails to place agents in a particular community, locating us instead in that bloated abstraction called “modernity.” Ryan therefore concludes that Taylor’s is an “ethics for anybody,” which leaves the self finally disembodied (94–98). Stout fares little better due to his refrain that Hauerwas went astray when he abandoned justice talk. Ryan counters that Stout’s sort of justice should be abandoned; lacking a substantive vision of the good and a teleology of freedom, Stout’s justice is reckoned a blind guide who cannot see or say why the polis should pursue one end and not another. Hauerwas, on the other hand, specifies a particular polis within which practical reason can intelligibly function: the church. It has [End Page 218] a substantive vision of the good (i.e., the peaceable kingdom) located in a scriptural narrative displayed by social practices requiring formation in the virtues (119–21). Ryan therefore endorses Hauerwas’s politics of practical reason, indebted to MacIntyre and made possible by Anscombe.I see one lacuna in this otherwise excellent book. Ryan seemingly advocates a pragmatic model of practical reason that is wholly internal to the polis rather than grounded in “truths of human nature as such” (101). This makes Anscombe an uneasy ally. Her “Modern Moral Philosophy” famously proposed a retrieval of virtue that required an overhauled “account of human nature … and above all of human flourishing” (41). This move opened the door for ethical naturalism, perhaps even natural law—both of which Anscombe and the later MacIntyre endorse. But these look suspiciously like what Ryan calls an “ethics for anybody.” So in the end are Anscombe and MacIntyre turncoats, or do Hauerwas and Ryan not follow them far enough? This crucial question remains unanswered.Despite this wrinkle, Ryan’s book is the best intervention in the Hauerwas–Stout debate that we now have. It throws light on Hauerwas, challenges Stout, shows why Anscombe matters, and gives practical reason its generous due. Philosophically deft and charitable in tone, it deserves to be read and studied as a major contribution to the field.David ElliotUniversity of Notre DameCopyright © 2015 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Love and Christian Ethics: Tradition, Theory, and Society eds. by Frederick V. Simmons and Brian C. SorrelsMichael Le ChevallierLove and Christian Ethics: Tradition, Theory, and Society Edited by Frederick V. Simmons and Brian C. Sorrels WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 400 pp. $119.00 / $39.95Fredrick Simmons and Brian Sorrels present an impressive, cohesive volume of essays by twenty-two leading scholars who engage different facets of love and (...) theological ethics. although dedicated to gene outka—thus setting the broad theme and establishing his work as a privileged point of reference throughout the volume—Love and Christian Ethics should not be confused with a Festschrift. it accomplishes far more in intellectual diversity and depth, making a significant contribution to scholarship.The volume is organized into three sections: tradition, theory, and society. across the first section, the authors address love within major sources and figures, treating scripture, greek philosophy, augustine, aquinas, Kant, and Kierkegaard. Far from a textbook presentation, each essay marks out its own argument regarding the place of love in the respective subject. The second section is devoted to major theoretical questions raised within scholarship on love and ethics, addressing topics like the relation of eudaimonism to love (a running thread that emerges in the book), forgiveness, friendship, and evolution. The final section moves into the field of practice, application, and society, including an essay critically engaging implicit presentations of love found in the law, another treating love and international development, and one poignant essay by Mark D. Jordan calling for a moratorium on strong pronouncements in sexual ethics until ethicists can cultivate a loving knowledge of sex. This final section also includes reflections on love in the Jewish and Muslim traditions. Simmons's introduction and William Werpehowksi's afterword provide useful bookends. although no single thesis blandly governs this volume as a whole—incorporating complementary, divergent, and competing positions—in constructing this volume, Simmons and Sorrels argue that love is not eclipsed in Christian ethics but has a rich and variegated tradition. Werpehowski appraises [End Page 210] the volume as a whole, identifying key threads that emerge, like relations of love to eudaimonism and the theme of neighbor love.The volume is admirable in its breadth and depth. It offers a robust encounter with major figures and questions, providing historical recovery as well as critical and constructive engagement. That said, depth can work against breadth, with essays like Oliver O'Donovan's demanding a familiarity with Augustine Confessions that will send the reader back to his or her bookcases. Missing too are other notable figures and topics, such as the Protestant Reformers, Christian mystics, and feminist ethicists. Nevertheless, these gaps do not diminish the volume as a whole. I found myself again and again excited by the insights offered by the contributors, unsettling easy assumptions regarding the relation between eudaimonia and love, illustrating the depths of accounts of friendship for thinking about polity and mediating institutions, and cautioning against overconfidence in sexual ethics as its boundaries destabilize.Love and Christian Ethics would benefit scholars, teachers, and students alike. Its broad engagement with contemporary scholarship on love makes it a useful starting point for any researcher dipping or diving into this field. Introducing professors to key and sometimes obscured questions within figures and topics, it can round out lectures and help introduce students to the growing edge of scholarship on love. It would serve as a useful reference for any upper division or graduate course engaging with this significant, but often ignored, theme in Christian ethics.Rare is it to find a book that embodies the very theme it presents. These essays on love are a scholarly gift of the best sort—one not diminished but enhanced in its sharing.Michael Le ChevallierUniversity of ChicagoCopyright © 2018 Society of Christian Ethics... (shrink)

There is a need for all industries, including healthcare, to reduce their greenhouse gas emissions. In anaesthetic practice, this not only requires a reduction in resource use and waste, but also a shift away from inhaled anaesthetic gases and towards alternatives with a lower carbon footprint. As inhalational anaesthesia produces greenhouse gas emissions at the point of use, achieving sustainable anaesthetic practice involves individual practitioner behaviour change. However, changing the practice of healthcare professionals raises potential ethical issues. The purpose of (...) this paper is twofold. First, we discuss what moral duties anaesthetic practitioners have when it comes to practices that impact the environment. We argue that behaviour change among practitioners to align with certain moral responsibilities must be supplemented with an account of institutional duties to support this. In other words, we argue that institutions and those in power have second-order responsibilities to ensure that practitioners can fulfil their first-order responsibilities to practice more sustainably. The second goal of the paper is to consider not just the nature of second-order responsibilities but the content. We assess four different ways that second-order responsibilities might be fulfilled within healthcare systems: removing certain anaesthetic agents, seeking consensus, education and methods from behavioural economics. We argue that, while each of these are a necessary part of the picture, some interventions like nudges have considerable advantages. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 40.4 (2006) 104-117 MuseSearchJournalsThis JournalContents[Access article in PDF]Performative Somaesthetics: Principles and ScopeEric C. MullisJohn Dewey's aesthetic has been invoked in recent discussions because many have realized that it resists the pull toward conceptualism that characterizes a great deal of aesthetic theory. Further, Art as Experience—Dewey's chief work on the philosophy of art—is rich with ideas that call for development. Richard Shusterman's (...) work does just this as it suggests that Dewey's approach is a practical alternative to those that hinder a comprehensive understanding of art and/or ignore art's capacity to enrich the quality of lived experience. More specifically, Shusterman develops key Deweyan ideas by considering the aesthetic merits of popular music and by exploring Dewey's "somatic naturalism," that is, a naturalism that strives to understand the role played by the human body in aesthetic experience. Somaesthetics is the pragmatic discipline that explores somatic practices and ultimately demonstrates how they can lead to the attainment of fulfilling experiences. Shusterman argues that various disciplines can be taken up in order to improve the clarity of somatic functioning, perception, and thought as they "help us reconstruct our attitudes or habits of feeling to give us greater flexibility and tolerance to different kinds of feeling and bodily behavior." 1 Ultimately, Dewey's emphasis on the everyday origins of aesthetic experience is combined with his rejection of mind-body dualism in order to demonstrate how aesthetic experiences can be cultivated through such practices. One is not limited to going to museums and reading art criticism in order to have meaningful aesthetic experiences because somaesthetics shows how one's body can be transformed into a locus of aesthetic value.This said, we also find that similar techniques are used in the training of actors, dancers, and other performance artists. Performative somaesthetics explores the body disciplines that are instrumental to the performer's craft—that allow him or her to master the body and to enhance its expressive powers. In this article I would like to explore a few elements of this [End Page 104] craft in order to flesh out what the performance arts can reveal about the aesthetic body. In order to do so I will need to first say something about Shusterman's pragmatist aesthetic and the Deweyan foundation of that approach. After this is done I will discuss what I take to be a few core principles of performative somaesthetics and, with them in mind, will go on to discuss the relationship between practical and performative somaesthetics.Aesthetic MeliorismIn Art as Experience Dewey describes the process of "doing and undergoing," in which the energies and forces of the environment mix with those of the organisms that inhabit it. 2 For human beings life is lived to its fullest when difficult situations arise and are efficiently dealt with, that is, when the energies of particular situations are ordered and brought into accord with those of the individuals within them. This, in turn, renders experience meaningful as it simultaneously produces a sense of agency and solves particular problems. Ultimately, Dewey notes that the process of doing and undergoing is the foundation of aesthetic experience because it marks those intense organic moments that stand out from the broader context of humdrum or chaotic experiences: "Art... unites the very same relation of doing and undergoing, outgoing and incoming energy, that makes an experience to be an experience." 3 Aesthetic experience, like any instance of doing and undergoing, involves the organization of energies, which solves a characteristically aesthetic problem. For artists this may be the problem of adequately expressing emotion and for observers it may be interpreting or judging the quality of a work. Regardless, for Dewey the aesthetic must not be conceptually or institutionally divorced from its broader context, for doing so not only ignores its natural origins but also limits its ability to imbue the world with meaning. Hence, Shusterman writes that for Dewey, "if anything is to have human value, it must in some way serve... (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective (...) project. The simple view appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

The purpose of this paper is to show how a MacIntyre-inspired business school could contribute to developing practical wisdom in students through its curriculum, methods, faculty, student selection criteria, and governance. Despite MacIntyre's critiques, management can be presented, in MacIntyrean terms, as a second-order, domain-relative practice, with practical wisdom as corresponding virtue. Management education consists in developing practical wisdom. How? Primarily by initiating students and enabling them to participate in communal traditions of inquiry focused on, although not limited to, the (...) purposes and ends of business. The transmission of objective knowledge, analytical skills, and techniques is subordinated to the end goal. We consider traditions centered on shareholder value maximization, the balancing of stakeholder interests, and the fulfillment of the common good of firms. Each gives rise to a particular kind of business school. A MacIntyrean business school is one that seeks the common good of firms. (shrink)

This article presents an analytic critique of the predominant revisionist theoretical paradigm of just war (henceforth: revisionism). This is accomplished by means of a precise description and explanation of the practicability problem that confronts it, namely that soldiers that revisionism would deem “unjust” are bound to fail to fulfil the duties that revisionism imposes on them, because these duties are overdemanding. The article locates the origin of the practicability problem in revisionism’s overidealized conception of a soldier (...) as an individual rational agent analogous to the aggressor or defender in a case of lethal self-defense, who is capable of reflecting on the morality of his status in war and of the killing he performs and thus of recognizing his revisionist duties. Revisionism, however, ignores the following fact: Killing in war is not a natural human behavior. This is why training soldiers to kill is—and arguably always has been—a necessity for the existence of war and the killing that occurs in it. Moreover, this training involves a certain level of moral desensitization to violence whose goal is to prevent soldiers from thoroughly reflecting on the morality of the killing they engage in. Hence, war and killing can only exist if soldiers are trained in such a way that they do not reflect on whether they could be addressees of revisionist duties in the first place. This means that military training is a “constitutive condition” of soldiers and war, which is why it cannot excuse their noncompliance with revisionist duties, thus making these duties categorically overdemanding. The argument here draws on the paradigmatic example of modern US military killing conditioning (MC), but embeds it into a broader military-historical perspective that describes how soldiers have always needed to be mentally and morally influenced in order to enable war and killing. The article’s explanation of revisionism’s practicability problem has a constructive consequence for future theory-building in the ethics of war: It implies that a potentially revised ethical theory of war must necessarily analyze the institutions that allocate belligerent resources, if it aims to morally assess battlefield behavior in a practicable manner. (shrink)

Against MacIntyre’s view that capitalism is incompatible with the conduct of economic production as a genuine practice, this paper claims that capitalist economies take a number of institutionally distinct forms, and that these differ significantly in the extent to which, and the reasons for which, they are antithetical to production as a practice. Drawing on the extensive literature in comparative political economy on varieties of capitalism, it argues that while ‘Liberal’ Market Economies such as the USA (...) and UK conform quite closely to MacIntyre’s understanding of capitalism, ‘Coordinated’ Market Economies such as Germany and Japan do not. In particular, the industry-based associations of the German model are argued to be highly conducive to the internal goods and standards of excellence central to MacIntyrean practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:132 HISTORY OF PHILOSOPHY Wittgenstein occasionally lapse into philosophical theorizing of a kind congenial to Ayer. It is certainly true that their disciples do. But one does have to appreciate the fact that the main thrust of their arguments is to deny the propriety of raising such philosophical questions at all. If it was Ayer's intention to vindicate Moore and RuSsell as proponents of a certain conception (...) of philosophy, he must meet that challenge. He has failed to do so. And this, in a sense, affects his book as a piece of history. A few years ago a disciple from the "other camp" wrote a book Philosophical Analysis covering much the same ground covered by Ayer in this book. One might think that Urmson's advocacy might adversely affect the fairness of his treatment. And in a sense, here and there it does. But as an over-all picture of the drift of English philosophy it is much the better history, since Urmson sees what happened in the course of time to the views of men like Russell and Moore. Ayer's book, in contrast, should not be read or thought of as history, but as part of the past to be examined. A. R. I.oucH Claremont Graduate School Verit~ e Interpretazione. By Luigi Pareyson. (Mllano: U. Mursia and Co., 1971. Pp. 260. Life 3800) This study by the eminent director of the Institute of philosophy at the University of Turin is not an epistemological essay on truth but basically a historical study, a sustained effort of defending traditional philosophy against the inroads of "ideology," of scientism, of fideism and "panpolificism" which in usurping the place due to philosophy proper lead to political and religious fanaticism. "Ideology" is the main target of Pareyson's assault which he considers as converting thought into a mere instrumentality of action, a sort of "praxism." There are according to Pareyson two kinds of philosophical thought: the genuine one which is revelatory and tries to penetrate truth and the expressive one which is not more than an emotional and temporary expression or reaction to an existent historical situation. This emotive and expressive thought can also be identified with what is called "ideology" of Marxist or nonMarxist kind. It is on the basis of such a distinction that Pareyson would construct a new kind of philosophical historiography. Pareyson calls any recognized relationship between man and world a sort of interpretation. He first used this concept in the aesthetic field but after a study of Heidegger, Dilthey and Jaspers generalized it to become a means of reconciling the existence of a multiplicity of philosophical systems with the basic unity of philosophical thought aiming at truth--as against ideology which has no such aim. We see in the philosophies of the past that they are all personal and rooted in their own historical time, yet they are ultra-temporal and it is necessary to consider their historical setting, but also their speculative content. Schelling was a philosopher of this import, especially in his second period. He then not only anticipated but surpassed Heidegger's merely negative ontology. Pareyson calls his philosophy ontological personalism. True philosophies always mean a personal link with true being. If Heidegger remained within the confines of negative ontology, it is because he confused the inexhaustibility of truth with its ineffability. Our culture is characterized by an integral historicism which is very different from classical historicism--such as for instance the one practiced by Hegel. According to integral historicism a philosophy has merely the meaning of being the expression BOOK REVIEWS 133 of its time and nothing beyond that, while in classical historicism every philosophy was a step in the progressive manifestation of truth not only a historical phenomenon. As a result it iustified not only a historicist treatment but also a speculative discussion of its truth-content. These genuine philosophies may be nonetheless rooted in their own time as we all are, but in philosophy as in life everybody is confronted with a decision whether he wants to be merely a part of history or whether he wants to have history, i.e. also to have the link with true being. Pareyson... (shrink)

Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics (...) is war because political life as such is war. -/- Must Politics Be War? argues that our shared liberal democratic institutions have the unique capacity to sustain social and political trust between diverse persons. In succinct, convincing prose, Kevin Vallier argues that constitutional rights and democratic governance prevent any one ideology or faith from dominating all others, thereby protecting each person's freedom to live according to her values and principles. Illiberal arrangements, where one group's ideology or faith reigns, turn those who disagree into unwilling subversives, persons with little reason to trust their regime or to be trustworthy in obeying it. Liberal arrangements, in contrast, incentivize trust and trustworthiness because they allow people with diverse and divergent ends to act with conviction. Those with opposing viewpoints become trustworthy because they can obey the rules of their society without acting against their ideals. Therefore, as Vallier illuminates, a liberal society is one at moral peace with a politics that is not war. (shrink)

As euthanasia has become a widely debated issue in many Western countries, hospitals and nursing homes especially are increasingly being confronted with this ethically sensitive societal issue. The focus of this paper is how healthcare institutions can deal with euthanasia requests on an organizational level by means of a written institutional ethics policy. The general aim is to make a critical analysis whether these policies can be considered as organizational-ethical instruments that support healthcare institutions to take their (...) institutional responsibility for dealing with euthanasia requests. By means of an interpretative analysis, we conducted a process of reinterpretation of results of former Belgian empirical studies on written institutional ethics policies on euthanasia in dialogue with the existing international literature. The study findings revealed that legal regulations, ethical and care-oriented aspects strongly affected the development, the content, and the impact of written institutional ethics policies on euthanasia. Hence, these three cornerstones—law, care and ethics—constituted the basis for the empirical-based organizational-ethical framework for written institutional ethics policies on euthanasia that is presented in this paper. However, having a euthanasia policy does not automatically lead to more legal transparency, or to a more professional and ethical care practice. The study findings suggest that the development and implementation of an ethics policy on euthanasia as an organizational-ethical instrument should be considered as a dynamic process. Administrators and ethics committees must take responsibility to actively create an ethical climate supporting care providers who have to deal with ethical dilemmas in their practice. (shrink)

One of our great contemporary scientists presents ten insights that illuminate what every thinking person needs to know about what the world is and how it works. Nobel Prize winner Frank Wilczek's Fundamentals is built around a simple but profound idea: the models of the world we construct as children are practical and adequate for everyday life, but they do not bring in the surprising and mind-expanding revelations of modern science. To do that, we must look at the (...) world anew, combining clear thinking with an openness to wonder. This "born again" world is in many ways larger, fuller, and much stranger than it appears. Through an exploration of space, time, matter, and ideas--and equipped with facts, questions, and brilliant speculations--Wilczek guides us through the past, present, and future of fundamental science. Readers will emerge with an expanded vision of our universe. Author Bio: Frank Wilczek won the Nobel Prize in Physics in 2004 for work he did as a graduate student. He was among the earliest MacArthur fellows, and has won many awards both for his scientific work and his writing. He is the author of A Beautiful Question, The Lightness of Being, Fantastic Realities, Longing for the Harmonies, and hundreds of articles in leading scientific journals. His "Wilczek's Universe" column appears regularly in the Wall Street Journal. Wilczek is the Herman Feshbach Professor of Physics at the Massachusetts Institute of Technology, founding director of the T. D. Lee Institute and chief scientist at the Wilczek Quantum Center in Shanghai, China, and a distinguished professor at Arizona State University and Stockholm University. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render (...) certain norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Politics of Practical Reason: Why Theological Ethics Must Change Your Life by Mark RyanDavid ElliotThe Politics of Practical Reason: Why Theological Ethics Must Change Your Life Mark Ryan eugene, or: cascade books, 2011. 229 pp. $20.80If the spirited debate between Stanley Hauerwas and Jeffrey Stout remains front-page news in theological ethics, then Mark Ryan’s subtle and penetrating The Politics of Practical Reason will help keep it there. (...) Ryan argues that practical reason is the hinge of ethical thinking and that it is “political” in the sense of shaping the community or polis. Given this hinge, the pressing question is of course, “Whose practical reason?” To answer this, Ryan probes major contemporary ethicists from Charles Taylor to Alasdair MacIntyre, but the book always circles back to Hauerwas and Stout. Their debate is ultimately decided by proxy, through a mediating philosopher whose work on practical reason Ryan sees both as the gold standard and as the indispensable background for understanding Hauerwas. Expecting this to be MacIntyre, the reader may be surprised—and perhaps even convinced—that the philosopher who best explains and possibly vindicates Hauerwas is in fact Elizabeth Anscombe, Ludwig Wittgenstein’s protégé, close friend, and translator.The book opens with Anscombe’s Intention (1957), which Donald Davidson called “the most important treatment of action since Aristotle.” In it, Anscombe argued that intention presupposes desire and is declared in public language within a context of social practices presupposed for agency to be intelligible. The implication is that we form intentions as members of a community with a particular form of life sustained by social practices. With human desire as its motivating nisus, Ryan insists that intention “is part of the very form of practical reasoning, then, to be political” (144).Having retrieved Anscombe’s model of practical reason, Ryan examines the field of contemporary ethics to see who measures up. Charles Taylor fails to place agents in a particular community, locating us instead in that bloated abstraction called “modernity.” Ryan therefore concludes that Taylor’s is an “ethics for anybody,” which leaves the self finally disembodied (94–98). Stout fares little better due to his refrain that Hauerwas went astray when he abandoned justice talk. Ryan counters that Stout’s sort of justice should be abandoned; lacking a substantive vision of the good and a teleology of freedom, Stout’s justice is reckoned a blind guide who cannot see or say why the polis should pursue one end and not another. Hauerwas, on the other hand, specifies a particular polis within which practical reason can intelligibly function: the church. It has [End Page 218] a substantive vision of the good (i.e., the peaceable kingdom) located in a scriptural narrative displayed by social practices requiring formation in the virtues (119–21). Ryan therefore endorses Hauerwas’s politics of practical reason, indebted to MacIntyre and made possible by Anscombe.I see one lacuna in this otherwise excellent book. Ryan seemingly advocates a pragmatic model of practical reason that is wholly internal to the polis rather than grounded in “truths of human nature as such” (101). This makes Anscombe an uneasy ally. Her “Modern Moral Philosophy” famously proposed a retrieval of virtue that required an overhauled “account of human nature … and above all of human flourishing” (41). This move opened the door for ethical naturalism, perhaps even natural law—both of which Anscombe and the later MacIntyre endorse. But these look suspiciously like what Ryan calls an “ethics for anybody.” So in the end are Anscombe and MacIntyre turncoats, or do Hauerwas and Ryan not follow them far enough? This crucial question remains unanswered.Despite this wrinkle, Ryan’s book is the best intervention in the Hauerwas–Stout debate that we now have. It throws light on Hauerwas, challenges Stout, shows why Anscombe matters, and gives practical reason its generous due. Philosophically deft and charitable in tone, it deserves to be read and studied as a major contribution to the field.David ElliotUniversity of Notre DameCopyright © 2015 Society of Christian Ethics... (shrink)

It is often argued that clinical research should not violate the Kantian principle that people must not be used merely as a means for the purposes of others. At first sight, the practice of clinical research itself, however, seems to violate precisely this principle: clinical research is often beneficial to future people rather than to participants; even if participants benefit, all things considered, they are exposed to discomforts which are absent both in regular care for their diseases and (...) in other areas of daily life. Therefore, in this paper we will consider whether people are used merely as a means by being enrolled in clinical research. On the basis of recent studies of Kantian scholars we will argue that clinical research is compatible with the Kantian principle if the conditions of possible consent and end-sharing have been met. Participants are not used merely as a means if they have sufficient reasons to consent to being enrolled in clinical research and can share the ends of the researchers who use them. Moreover, we will claim that even if people are used merely as a means by participating in clinical research, it may not always be morally wrong to use them in this way. (shrink)

>With assets of over US$1.0 trillion and growing, public pension funds in the United States have become a major force in the private sector through their holding of equity positions in large publicly traded corporations. More recently, these funds have been expanding their investment strategy by considering a corporations long-term risks on issues such as environmental protection, sustainability, and good corporate citizenship, and how these factors impact a companys long-term performance. Conventional wisdom argues that the fiduciary responsibility of the (...) pension funds trustees must be solely focused on their beneficiaries and, therefore, their investment criteria must be based strictly on narrowly defined financial measures. It is also asserted that well-established financial measurements of corporate performance already include long-term risk assessment through discounted present value of future flow of earnings. Consequently, all other criteria are contrary to the best interest of the pension funds beneficiaries. In this paper, we assert that, contrary to conventional wisdom, pension funds, and for that matter other mutual funds, must be concerned with the long-term survival and growth of corporations. These measures are generally referred to socially responsible investing (SRI) and when applied to corporations, it is termed socially responsible corporate conduct (SRCC). We demonstrate that current measurement of future risk assessment invariably understates, and quite often completely overlooks, these long-term risks because of the inherent bias towards short-run on the part of financial intermediaries whose compensation depends greatly on short-term results. Furthermore, there is ample evidence to suggest that these intermediaries have been engaging in self-serving practices and thus failing in their duties to serve their clients, i.e. pension funds, best interests. Because of their large holdings in the total market as well as individual companies, these funds cannot easily divest from poorly performing companies without destabilizing the companies stock and overall markets. Hence, they must opt for a strategy of emphasizing investment criteria that encourage companies to take into account long-term aspects of their operations in terms of their impact on environment, sustainability, and community welfare, to name a few. We argue that an exclusionary, and even a primary, focus on short-term financial criteria is no longer a viable option. It also calls for the pension funds to encourage greater transparency and accountability of the entire corporate sector through improved corporate governance. Thus socially responsible investing practices are not merely discretionary and desirable activities; they are a necessary imperative, which both the corporations and public pension funds, and other large institutional holders, will ignore at serious peril to themselves. Finally, the paper considers some of the recent developments where corporations have been responding to these challenges and how their actions might be strengthened through greater disclosure and transparency of corporate activities. It also makes recommendations for the pension funds to support further research in creating new measurement standards that further refine the concept of socially responsible investing as a necessary ingredient of long-term corporate survival and growth in the context of a changing economic, environmental and socio-political dynamic. (shrink)

With assets of over US$1.0 trillion and growing, public pension funds in the United States have become a major force in the private sector through their holding of equity positions in large publicly traded corporations. More recently, these funds have been expanding their investment strategy by considering a corporation's long-term risks on issues such as environmental protection, sustainability, and good corporate citizenship, and how these factors impact a company's long-term performance. Conventional wisdom argues that the fiduciary responsibility of the (...) pension funds' trustees must be solely focused on their beneficiaries and, therefore, their investment criteria must be based strictly on narrowly defined financial measures. It is also asserted that well-established financial measurements of corporate performance already include long-term risk assessment through discounted present value of future flow of earnings. Consequently, all other criteria are contrary to the best interest of the pension funds' beneficiaries. In this paper, we assert that, contrary to conventional wisdom, pension funds, and for that matter other mutual funds, must be concerned with the long-term survival and growth of corporations. These measures are generally referred to "socially responsible investing" and when applied to corporations, it is termed "socially responsible corporate conduct." We demonstrate that current measurement of future risk assessment invariably understates, and quite often completely overlooks, these long-term risks because of the inherent bias towards short-run on the part of financial intermediaries whose compensation depends greatly on short-term results. Furthermore, there is ample evidence to suggest that these intermediaries have been engaging in self-serving practices and thus failing in their duties to serve their clients', i.e. pension funds', best interests. Because of their large holdings in the total market as well as individual companies, these funds cannot easily divest from poorly performing companies without destabilizing the companies' stock and overall markets. Hence, they must opt for a strategy of emphasizing investment criteria that encourage companies to take into account long-term aspects of their operations in terms of their impact on environment, sustainability, and community welfare, to name a few. We argue that an exclusionary, and even a primary, focus on short-term financial criteria is no longer a viable option. It also calls for the pension funds to encourage greater transparency and accountability of the entire corporate sector through improved corporate governance. Thus socially responsible investing practices are not merely discretionary and desirable activities; they are a necessary imperative, which both the corporations and public pension funds, and other large institutional holders, will ignore at serious peril to themselves. Finally, the paper considers some of the recent developments where corporations have been responding to these challenges and how their actions might be strengthened through greater disclosure and transparency of corporate activities. It also makes recommendations for the pension funds to support further research in creating new measurement standards that further refine the concept of socially responsible investing as a necessary ingredient of long-term corporate survival and growth in the context of a changing economic, environmental and socio-political dynamic. (shrink)

Edmund D. Pellegrino has played a central role in shaping the fields of bioethics and the philosophy of medicine. His writings encompass original explorations of the healing relationship, the need to place humanism in the medical curriculum, the nature of the patient’s good, and the importance of a virtue-based normative ethics for health care. In this anthology, H. Tristram Engelhardt, Jr., and Fabrice Jotterand have created a rich presentation of Pellegrino’s thought and its development. Pellegrino’s work has been dedicated to (...) showing that bioethics must be understood in the context of medical humanities, and that medical humanities, in turn, must be understood in the context of the philosophy of medicine. Arguing that bioethics should not be restricted to topics such as abortion, third-party-assisted reproduction, physician-assisted suicide, or cloning, Pellegrino has instead stressed that such issues are shaped by foundational views regarding the nature of the physician-patient relationship and the goals of medicine, which are the proper focus of the philosophy of medicine. This volume includes a preface by Dr. Pellegrino and a comprehensive Introduction by the editors. Of interest to medical ethicists as well as students, scholars, and physicians, _The Philosophy of Medicine Reborn_ offers fascinating insights into the emergence of a field and the work of one of its pioneers. “After a long period of dormancy, philosophy of medicine has blossomed with new life. The single most important physician-philosopher in that rebirth has been Edmund Pellegrino. His contributions to virtue theory, the concept of beneficence, the dispute over the internal and external sources of a morality for medicine, and the role of the Hippocratic tradition are all critical. The essays collected in this volume have changed the history of the philosophy of medicine. He shows that philosophy of medicine can be done with both passion and compassion.” —_Robert M. Veatch, Kennedy Institute of Ethics, Georgetown University_ “Edmund Pellegrino's words have helped medical students, faculty, scholars and patients address the challenges they encounter in medicine and medical practice. His personal support has also been critical for many of us in developing programs in medical ethics and philosophy of medicine in our universities. Dr. Pellegrino combines the wisdom of a great physician with those of a great philosopher to produce a body of writing that will continue to inspire us all. This volume contains some of his best and most influential work.” —_Loretta Kopelman, The Brody School of Medicine, East Carolina University_ _ _ “Edmund Pellegrino has been a leading light in the philosophy of medicine for a generation. He was instrumental in the birth of bioethics, founded one of the leading journals, and provided able leadership in organizing early activities of the profession. He has served as department chairman, dean, and university president. Most recently, he chairs the President’s Council on Bioethics. In all this, first and foremost, he has been a physician. Those who are ill and suffering make a claim upon him. To respond to this claim, Pellegrino creatively brings together the worlds of science and of the humanities. For him, that is what medicine is about, making it the most scientific of the humanities and the most humane of the sciences. Fortunately for us, Pellegrino brings these worlds together in thought, as well as in practice. In this selection from his writings, Engelhardt and Jotterand have captured the heart of Pellegrino’s project, both in depth and breadth, so we can also hear that claim of the ill and so we can see what worlds must come together if we are to respond in the appropriate way.” —_George Khushf, University of South Carolina_ “Pellegrino’s work is both a treasure and important for understanding bioethics. His work in philosophy of medicine addresses the crucial questions that are so important to understanding the practice of medicine and the ethics of health care.” —_Kevin Wildes, President, Loyola University_ _ _. (shrink)