This chapter contains sections titled: Marx's Theory of Capitalism and Its Ideology Rawls's Theory of Justice as Fairness Rawls on Marx Marx and Justice Marxian Liberalism's Historical Conception of Justice.

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)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that (...) its 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A NOTE ON THE RELATION OF PACIFISM AND JUST-WAR THEORY: IS THERE A THOMISTIC CONVERGENCE? 1 GABRIEL PALMER-FERNANDEZ Youngstown State University Youngstown, Ohio FOR CENTURIES, the moral analysis of war began with a consideration of a set of principles which together form the doctrine of the just-war and with a rejection of pacifism. However, several recent studies by Catholic moralists argue that pacifism and just-war theory have much (...) in common and converge in at least one morally important way-namely, they share a presumption against violence. In this note I want to consider whether or not classical just-war theory gives us reason to accept this claim. I will give evidence against it, and suggest that the "original just-war question," as James Turner Johnson calls it, does not begin with aprohibitive presumption or some equivalent constraint on action. If we are to speak of a presumption in classical just-war theory, it is that justice be done for the sake of the common good. Up to very recent times, those Christian denominations which Ernst Troeltsch called the "church-type" (Lutheran, Anglican, Calvinist, and Roman Catholic) upheld a " two-tiered " or "double" morality. A "vocational" pacifism was required of clerical ranks, and the individual Christian was obligated to take up arms for the sake of the common good. For example, prior to the Second Vatican Council, Roman Catholic teaching on war rejected conscientious objection to all war (i.e., pacifism) as an option for Catholics. Manuals of moral theology prior to Vatican 1 I wish to acknowledge the very helpful and detailed comments provided by Richard B. Miller to an earlier version of this paper. 247 248 GABRIEL PALMER-FERNANDEZ II did prohibit the soldier from fighting in an unjust war and made room for subjective doubt about the justice of a particular war. But the consensus among Catholic theologians was both wide and deep. Pacifism for individual Christians did not have any moral-theological justification. It was, in fact, a grave moral error. In spite of this, Vatican II called for a " completely fresh reappraisal of war." 2 The policy of obliterating whole cities enacted during World War II, coupled with the development of nuclear and other indiscriminate weapons of destruction (e.g., incapacitating gases, biological weapons, etc.) and the instability of superpower relations, created an unprecedented condition for which traditional teachings on war seemed woefully inadequate, if not morally dangerous. A new, more far-reaching perspective was needed. And this was to allow for individuals the pacifist option as a second and complementary moral doctrine alongside traditional teaching on war.3 As the American Catholic bishops said in their pastoral letter on war and peace : 2 Pastoral Constitution on the Church in the Modern World, in A. Flannery, 0.P., ed., Vatican Council II: The Conciliar and Post Conciliar Documents (Collegeville, Minn. : Liturgical Press, 1975), par. 80. 3 This development in contemporary Roman Catholic teaching on war and peace has been challenged with considerable force by George Weigel in what has become one of the most controversial studies on the subject. In Tranquillitas Ordinis: The Present Failure and Future Promise of American Catholic Thought on War and Peace (New York: Oxford University Press, 1987), Weigel advances several arguments which are meant to correct what he insists is a failure among Catholic ethicists in the U.S. to develop their tradition, and, indeed, an abandonment of their heritage. " At the level of moral theory," Weigel maintains, "the two classic positions [just-war theory and pacifism] are not reconcilable. The attempt to merge them... tends to corrupt both traditions. Pacifists end up making judgments on military strategy and tactics, and just-war theorists are held accountable to arguments they previously declined to accept.... The net result is to bifurcate morality and politics, and to abandon attempts to apply the tradition of reason to the limit case of the use of armed force in the defense of values-which is precisely the result Murray most feared in his strictures against moralism" (251). For David Hollenbach's rebuttal, see his review essay, "War and Peace in American Catholic Thought: A Heritage Abandoned? " Theological Studies 48 (1987) : 711-727... (shrink)

This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. -/- Part one addresses G. A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some (...) of our moral beliefs, which we are inclined to hold without reference to facts, are, in fact, true, because certain facts obtain. This thesis and the acknowledgement of the moral assumptions of Rawls’s constructivism help to show that Rawls does not, and does not need to, deny Cohen’s thesis. -/- Part two defends the characterization of the decision problem in Rawls’s original position as a decision problem under uncertainty. Rawls stipulates that the denizens of the original position lack information that they could use to arrive at estimates of the likelihood of ending up in any given social position. It has been argued that Rawls does not have good grounds for this stipulation. I argue that given the nature of the value function we should attribute to the denizens of the original position and our cognitive limitations, which also apply to the denizens of the original position, their decision problem can be characterized as one under uncertainty even if we stipulate that they know that they have an equal chance of being in any individual’s place. -/- Part three assesses the claim that a true commitment to Rawls’s difference principle requires a further commitment to an egalitarian ethos. This egalitarian ethos is offered as a means to bring about equality and Pareto-optimality. Accordingly, I try to undermine the case for an egalitarian ethos by challenging the desirability of the ends it is supposed to further or by showing that it is redundant. I argue that if primary goods are the metric of justice, then Pareto optimality in the space of the metric of justice is undesirable. I then argue that if the metric of justice is welfare, depending on the theory of welfare we adopt, an egalitarian ethos will either be redundant or will have objectionably paternalistic consequences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A RHETORIC OF MOTIVES: THOMAS ON OBLIGATION AS RATIONAL PERSUASION THOMAS s. HIBBS Thomas Aquinas College Santa Paula, California 'TIHE PROMINENCE of moral obligation in modern hies is l'ooted in an early modern claim, which reached uition in Kant, concerning the primacy of the right ov;er the good.1 Although Kant was not the first to make such a claim, his texts have had the most palpable influence (...) on modern moral discourse.2 Many contemporary moral philosophers, however, have!attempted to discredit the Kantian p11oject.3 In so doing, they often advance wlternative views 1 In his highly influential work, John Rawls comments on the importance of the g-0od and the right in contemporary moral philosophy, "The two main concepts of ethics are those of the right and the good.... The structure Df an ethical theory is... largely determined by how it defines and connects these two basic notions," A Theory of Justice (Cambridge: Harvard University Press, 1971), p. 24. 2 There are numerous precursors of Kant, both in the nascent rationalism of early modern science and -0£ late scholasticism and in the project of the "rationalization" of human life characteristic of classical Protestant moral thought. It was Nietzsche, of course, who saw Kant as a most heinous example of secularized Christianity. On the "rationalization" of the moral life in Protestantism, see Max Weber, Die protestantisohe Ethik und der Geist des Kapitalismus, in Gesammelte Aufsatze zur Religionssoziologie, Volume l (TU.bingen: Mohr, 1920), pp. 17-206. Given the convergence of these discursive fields in early modern thought and society, one might be inclined to see Kant as providing the theoretical foundations for the common moral consciousness. a I am thinking -0f Philippa Foot, "Virtues and Vices," and "Morality as a System of Hypothetical Imperatives," in Virtues and Vices and Other Essays in Moral Philosophy (Berkeley: University of California Press, 1978), pp. 1-18, 157-173; Bernard Williams, Ethics and the Limits of Philosophy (Cambridge: Cambridge University Press, 1983) and " Ought and Moral Obligation," in Moral Luck (Cambridge: Cambridge University Press, 1981), 293 ~94 THOMAS S. HIBBS characteristic of pre-modern moral philosophy, particularly of rthe 1 writings of Aristotle and Aquill!as. While consensus appears to have exnnerated Aristotle of the taint of Kantianism, the status of Tihomas's moral philosophy is still uncertain in the minds of many.4 Thomas's1 moral iphilosophy is, I believe, pre-modern. Throughout his writings he maintains the primaicy of the good ovier rthe right, the exact inverse of the Kantian position. By modern standards, Thomas's conception of obligation,seems impov;erished, almost naive. He devotes no independent treatise, or.for that matter no single quaestio, to the question of mom1l obligation. Francisco Suarez, one of Thomas's early modern oommenta.tors, found the latter's view to be muddled and unworkable. While Sua11ez criticizes Thomas's view, he fails to note that he 1and Thomas do not sha11e the same universe of discourse. What Suarez is after-a " theory of obligation "--is not extant in Thomas's texts. In fact, Suarez contributes to the deontological turn in the history of ethics. He pp. 114-123; Peter Geach, "Good and Evil," in Theories of Ethics, edited by Philippa Foot (New York: Oxford University Press, 1980), pp. 64-73; Elizabeth Anscombe, "Modern Moral Philosophy" in her Oolleoted Philosophical Papers. Volume 3, l!Jthios, Religion and Politios (Minneapolis: University of Minnesota Press, 1981), pp. 26-42; Alasdair Macintyre, "Hume on 'Is' and 'Ought'," in Against the Self-Images of the Age (Notre Dame: University of Notre Dame Press, 1978), pp. 109·129. While all are critical of Kant, none of these writers advocates a straightforward return to Aristotle or Thomas. Williams, in fact, is sceptical about the viability of Aristotelianism. This litany, moreover, of Kantian critics is not intended to give the impression that there is a consensus on the failure of Kant's project. There are formidable contemporary representatives of the Kantian school. See, for instance, William Frankena, Thinking About Morality (Ann Arbor: University of Michigan Press, 1980); Thomas Nagel, The Possibility of Altruism (Oxford : Clarendon Press, 1970); and Alan Donagan, The Theory of Morality (Chicago: The University of Chicago... (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)

The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named (...) ‘sustainability of values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

Fifty years ago John Dewey asked: "What is freedom and why is it prized?" Charles Sherover raises that question again and answers it with the help of the theoretical traditions of phenomenology, existentialism, American pragmatism, and British idealism, which he relates to the traditions of civic-spirited republicanism from Greek antiquity to the American Founding. His ambitious presentation of a "systematically developed public philosophy" confronts a world experiencing an "accommodation with the universal appeal of freedom," yet one still lacking theoretical clarity (...) about the grounds of that appeal and the character of the institutions that respond to it. Sherover's is a timely and novel defense of liberalism that exposes weaknesses in contemporary liberal thought and practice, attempts to define a new way between the libertarian, Kantian contractarian, and communitarian alternatives that dominate discussion today, draws learnedly on a wide range of sources in the Western heritage of political and moral reflection in this effort, and grounds its critical and positive discussions in an original theory of freedom that employs a Heideggerian analysis of the finite temporal horizon of human existence, with its dual character of dependence on a determinate past and openness to an indeterminate future. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have (...) been from the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 38.1 (2000) 103-110 [Access article in PDF] Hutcheson's Moral Sense and the Problem of Innateness Daniel Carey National University of Ireland Francis Hutcheson's philosophy arguably represented a delicate, and at times precarious, synthesis of positions laid out by John Locke and the third Earl of Shaftesbury. From Shaftesbury, whose influence he acknowledged explicitly in the title page of the first edition of (...) the Inquiry into the Original of our Ideas of Beauty and Virtue (1725), Hutcheson gained an appreciation of the dignity of human nature, reflected in sociable instincts, benevolent impulses, and the moral sense. From Locke he adopted the bias of empiricism, placing moral philosophy on an observational footing, ostensibly free from a priori assumptions.1 The challenge posed by integrating the work of these two mentors arose from their deep incompatibility, evident in Shaftesbury's declared opposition to Locke's mode of philosophizing and rejection of his disagreeable representation of human nature. Nowhere was Hutcheson's combination of Locke and Shaftesbury more difficult to sustain than over the issue of innateness. Locke was intent on jettisoning innate ideas, but Shaftesbury remained keen to rescue them.Of course there are different versions and definitions of innateness at stake here: on one account, it entailed the possession of particular, specifiable ideas or conceptions, somehow inscribed in the soul which might or might not require the trigger of experience to emerge (for example, ideas of God, good and, evil); on another, a predisposition to hold certain beliefs and make certain judgments, provided that 'normal' conditions of maturity and rationality have been met; finally, a faculty, that is, an inborn structure enabling the subject to experience the world in a moral way, and to register ethical responses to it, whatever they may be.2 All of these orientations on innateness impinge on Hutcheson's approach to the problem. On the one hand, he conceded Locke's critique as consistent with modern philosophizing, but he restricted its force to innate ideas or propositions, leaving the moral sense conveniently exempt from the [End Page 103] objection. On the other hand, Hutcheson was determined to reintroduce the content of innate ideas if not the name, assigning the moral sense a familiar, normative role in underwriting perceptions and judgments.The intricacy of the issue has led critics to arrive at contradictory assessments of Hutcheson's outlook on innateness. Stephen Buckle and Knud Haakonssen take Hutcheson at his word and argue that he abandoned innate ideas altogether.3 David Fate Norton agrees that Hutcheson found Locke's critique persuasive, at least against neo-Platonic theories of ethics (such as Cudworth's), but elsewhere Norton maintains that Hutcheson sets up the moral sense as an "innate and independent" moral faculty.4 Charles Taylor, meanwhile, stresses the dispositional inclination of Hutcheson's argument: "Goodness and generosity are natural to us. He might have been tempted in an earlier generation to say 'innate,' but he has internalized enough of the Lockean psychology to shy away from this. So he claims that these sentiments are ones we naturally grow to have, just as we develop to our normal stature and shape."5 Given the disparate of conclusions drawn by historians of philosophy, the issue clearly merits reinvestigation. Differing lines of interpretation have emerged precisely because Hutcheson frequently changed his tack. His shifting strategy appears both in the revisions he made to later editions of the Inquiry, and in the development of his work over the course of his career. Closer attention to these considerations offers an insight into the predicament of moral philosophy in the early decades of the eighteenth century.In the critique of innate practical ideas launched in the first book of the Essay concerning Human Understanding (1690), Locke took a sceptical view of Stoic assertions about human uniformity and the existence of "common notions" indicating moral consensus around the world.6 Evidence drawn from contemporary travelers suggested the absence of any moral agreement of this kind; Locke based his conclusion on an investigation of human practice influenced by techniques... (shrink)

John Rawls’s A Theory of Justice has reoriented western philosophic thought, starting a new period of reflection on justice. Designed so as to offer “one” theory, this work does not present a dogmatic purpose; however, it does propose principles of justice, resulting from a hypothetical original agreement, to constitute what it calls “justice as fairness”, characterized by the foundation of the rules of “fair” in the institutions. Through the “veil of ignorance” imposed to men in their “original position”, (...) Rawls makes the design of such principles the result of a rational common sense among individuals, trying to achieve a moral ideal that works as an alternative for the utilitarian doctrine and as the basis for a fair democratic society. The importance of Rawls’s complete work can be assessed by the great attention and comments it has received in the academic world, becoming responsible for the rebirth of discussions related to fundamental issues concerning ethics and political philosophy. This has not prevented criticism to the author’s thinking from arising. The paper aims demonstrate that the vehement disagreement used by Rawls’s critics when attacking the argument of original sense decreases the importance of his theory. (shrink)

Rawls's "The Law of Peoples" has not been well received. The first task of this essay is to draw (what the author regards as) Rawls's position out of his own text where it is imperfectly and incompletely expressed. Rawls's view, once fully and clearly presented, is less vulnerable to common criticisms than it is often taken to be. The second task of this essay is to go beyond Rawls's text to develop some supplementary lines of (...) argument, still Rawlsian in spirit, to deflect key criticisms made by Rawls's critics. The overall defense given here of Rawls's position draws on a deep theme running throughout all of Rawls's work in political philosophy, namely, that the task of political philosophy is to mark the moral limits given by and through a common human reason, itself socially and historically achieved, within which human nature must develop (and reveal itself over time) if it is to be an expression or manifestation of human freedom. (shrink)

There is much to admire and agree with in Bernard Gert’s book, Morality: Its Nature and Justification. Few philosophers have even attempted to provide the systematic account of the content of morality, what Gert calls the moral system, together with its justification that this book contains. In the brief space available here, I want to focus on a central feature of his account of the moral system of common morality and challenge, first, whether it is in fact (...) a feature of common morality, and, second, whether he has succeeded in justifying that feature. Gert argues that the goal or purpose of morality is to lessen the amount of evil or harm suffered. The first five moral rules do this directly by prohibiting doing actions that cause harm and the second five moral rules do this indirectly by prohibiting actions that typically result in harm. It is a fundamental mistake of consequentialists, according to Gert, to hold that there are also moral requirements to prevent harm and to promote good. In Gert’s view there are two errors here—not distinguishing causing harm from not preventing it, and not distinguishing harm or evil from pleasure or good. Gert’s moral system departs from a much wider range of moral views than consequentialism, however, because he argues there is no moral requirement to prevent harm or to promote good, not just that not causing harm may have some degree of priority over them. To be sure, this latest version of Gert’s theory is importantly improved over the initial version in giving place to moral and utilitarian ideals—the moral ideals include preventing harms and the utilitarian ideals include promoting good—as well as the moral rules, but acting in accord with ideals is only morally encouraged, never morally obligatory, and acting to promote a utilitarian ideal can never justify breaking a moral rule. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 329 I find Farley's theory of tragic existence and divine compassion distressing and depressing. To sufferers, it says: "C'est la vie!" Put more learnedly, "created perfection is fragile, tragically structured.. •. And yet, without creation, divine eros remains merely potential, inarticulate. The fragility of creation and the nonabsolute power of God culminate in the tragedy and rupture of history" (p. 124). Thank God, I can now have (...) God,to blame. Of course, God is trying to repair the damage, but even God's efforts are ultimately vain since "absolute evil " will ever play havoc with history and since God himself is responsible for suffering. Furthermore, since the author does not offer any extensive discussion of the suffering and death of God.on the cross (she dismisses the idea: "The compassionate God is... to he distinguished from the benevolent but impotent deity who ' suffers with ' the world" [p. 112]), nor of the resurrection of Jesus as divine vindication of innocent suffering, nor of hope for a life beyond,· her tragic vision sheds no real light on the problem of suffering nor can it pro-.vide impetus for the struggle against evil or hope for victims-especially when demons whisper that life is futile, suffering meaningless, and the cosmos void. The book is repetitive (suffering: pp. 23-24, 30-31, 51-59, 115-119; tragic vision: pp. 31-37, 78-79, 98-99, 106-110, 124-125; compassion: pp. 37-39, 79-81, 92-94, 110-114, 114-119, 126-128). It is oracular ("theologians have been uncomfortable about directly attributing love to God " [p. 96], self-contradictory (it speaks of God's " aseity " and divine " relationship " in the same breath [p. 105]), and misleading in its use of sources (e.g. its appeal to Thomas for its peculiar understanding of analogical language about God [pp. 101-103]). Mercifully, the hook is brief. The Catholic University of America Washington, D.C. PETER c. PHAN Time, Freedom, and the Common Good. By CHARLES M. SHEROVER. New York: State University of New York Press, 1989. Pp. xiii+ 314. $59.50 (cloth) ; $19.95 (paper). Guided by the insights of traditional political philosophy and contemporary phenomenology and animated by 'the spirit of Tocqueville, Sherover's book is an attempt " to secure the foundations of a public philosophy adequate for our time" (p. xii). Like Tqcqueville, Sherover is preoccupied with the " universal appeal of freedom," with its com- 330 BOOK REVIEWS plications, its paradoxes, and especially its possibilities. Sherover faults liberalism for its simplistic conception of freedom and its " superficial view of the nature of human existence" (p. 8). In an attempt to find a more adequate account of human experience, Sherover appeals to three existential categories: sociality, temporality, and freedom. The project of the book, which moves from the establishment and articulation of these categories to :their practical application, is ambitious. Yet the argument is lucid and persuasive. Following Aristotle, Sherover argues for the primacy of the social in human life. He effectively argues not only that moral norms and linguistic practices are socially rooted phenomena, but also that " social membership is prior... to any notion of differentiating individuality " (p. 20). Social atomism is but a theoretical abstraction, and individualism is as incoherent as a private language. Sherover points out that the defense ·of the social nature of human existence has at least one negative result: it undermines political theories that are rooted in a radically individualistic conception of human nature. Yet the emphasis on sociality does play a positive role in Sherover's essay: it serves as an initial justification of the relevance of the idea of the common good to political discourse. The existential category of sociality surfaces, for instance, in Sherover's cogent account of rights, wherein he argues that particular rights should not be seen as innate and absolute. The claim that rights are innate renders unintelligible the prevalent notion of "newly dis· covered" rights (p. 79). Instead, particular rights are socially recog· nized, justifiable claims which cannot he isolated from the social and political context in which they are recognized and exercised. Particular r.ights come into being over time and in intimate connection with con· crete... (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task (...) was that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter 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. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism 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 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. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- 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 apriori 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 conducted 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 sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses 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 be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience 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 refuted. Two examples give the reader a glimpse at this uproarious process. 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 transformation 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 the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs 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. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is 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 significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues 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. The chapter gives a short look at further developments in the neo-naturalist current 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 inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started 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. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic 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. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is 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 essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. (...) This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

The Society of Jesus has always been a highly “political” religious order. The context for its political thought was its engagement with higher-level education, its antiheretical, pastoral, and missionary activities, and its close relationships with secular rulers. Although there was no single, cohesive, or exclusively Jesuit political doctrine its members shared some premises: the (Thomist) premise that reason and revelation are complementary; that prudence is a pre-eminent virtue in all practical activity; and that the principles of good order (organization) (...) are the same for church, polity, and any other “body” or corporation (including the Society itself). Inferences could therefore be drawn from reason to revelation and from one kind of body to another. Reason and revelation concurred that the polity requires coordination of individuals to the common good by coercive authority, and therefore hierarchy and headship, although that headship need not be monarchical. However, like most of their contemporaries, Jesuits regarded monarchy as the best form of government. Although authority as such is natural and necessary, the element of consent is the political community’s freedom to choose its own form of government. The alterability of most laws implies an “absolute” ruler. However, the authority of any ruler or regime is limited by fundamental laws, natural and divine law, and the natural and legal rights of subjects, as well as the right or threat of tyrannicide. The Society’s antiheretical activities were centered on defending the ultimate authority of the papacy over the church, especially as supreme arbiter of controversies about faith and morals. Jesuit theologians defended the papal “indirect power” to intervene in secular government where the salvation of souls was involved. This could threaten the independent authority of secular rulers. However, the Society was normally highly sympathetic to the position of secular rulers; indeed Jesuit theologians and controversialists made substantial concessions to “reason of state.” Almost from the establishment of the Society of Jesus (1540), Jesuits have been involved with things political. The Society’s founders, preeminent among them Ignatius Loyola, had not intended this. However, their placing the Society at the papacy’s disposal, the remarkable gifts and educational attainments of its members, and its adaptability meant that even in the lifetime of the founding fathers (Ignatius died in 1563, Laínez his successor as superior general in 1565, and Salmerón, the last surviving founder, in 1586), its activities came to center on secondary- and tertiary-level education and antiheretical engagements, as well as retaining the original focus on foreign and domestic missions, and spiritual guidance. For all these activities, the Society needed patrons among prelates and secular rulers to fund and protect it, and in dealing with them it acquired a vast collective political experience, as well as political enemies. Its various engagements also demanded theoretical reflection about politics. (shrink)

The famous ‘trolley problem’ began as a simple variation on an example given in passing by Philippa Foot , involving a runaway trolley that cannot be stopped but can be steered to a path of lesser harm. By switching from the perspective of the driver to that of a bystander, Judith Jarvis Thomson showed how the case raises difficulties for the normative theory Foot meant to be defending, and Thomson compounded the challenge with further variations that created still more puzzles (...) of broader interest. In recent years, her thought experiments have even been co-opted by psychologists engaged in the empirical study of moral judgment . Yet more than thirty years after launching the trolley problem, Thomson has now strikingly reversed course, retracting the very claim she had originally used to raise puzzles for Foot. I shall argue that this reversal is a mistake, leading to a needlessly counterintuitive, contrarian position about damage-control cases. Instead of overturning her earlier position, her new variations merely uncover a surprising insight about the conditions under which one may permissibly sacrifice another for a good end.1. The central case at issue is what Thomson now calls Bystander's Two Options: you are a bystander who sees a runaway trolley headed toward five innocent people who cannot move off the track; you cannot stop the trolley, but you have access to a switch that will divert it onto a side track where one innocent person is trapped. Is it permissible to throw the switch and divert the trolley toward lesser harm? The common answer, and Thomson's earlier one, is that it is: in cases like this, where there is a public threat and we can act on it so …. (shrink)

Purpose– This paper aims to retrieve relevant aspects of the work of idealist thinker T.H. Green to improve comprehension of, and policy responses to, various dilemmas facing contemporary “information societies”.Design/methodology/approach– The paper is an exercise in interdisciplinary conceptual research, seeking a new synthesis that draws upon a range of ethical, metaphysical, empirical and policy texts and ideas. It is an application of moral and political principles to post-industrial problems, part of an ongoing international effort to develop viable normative approaches (...) to the emergent information society. The background research includedin situstudy of archival papers.Findings– Green’s version of idealism illuminates current, technologically induced shifts in our understandings of important categories such as self, substance and space. The paper finds that Green’s doctrine of the common good, his alternative to the (still prevalent) school of utilitarian welfarism, combined with his famously “positive” theory of the state, is highly relevant as a normative template for applied philosophy and policy. The article demonstrates its applicability to three vital contemporary issues: freedom of information, intellectual property and personal privacy. It concludes that Green’s work provides exceptional resources for an original, anti-technocratic, theory of the information society as good society.Practical implications– It is hoped that, as part of the wider rediscovery of the work of Green and other idealists, the paper will have some impact on public policy.Originality/value– The paper contains a new scholarly interpretation of Green’s theories of the common good and of the state. In addition, it is believed to be the first major attempt to apply idealism to the information society and its problems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Case for Hume's Nonutilitarianism ARYEH BOTWINICK IN MANY HISTORIES OF WESTERN THOUGHTI--as well as in those devoted more specifically to the history of Western political thought2--the designation of Hume as a utilitarian in his ethical and political theory is taken for granted. The word "utility" occurs frequently in both the Treatise and the Enquiry concerning the Principles of Morals, and this has led most commentators to posit a (...) natural continuity between Hume's invocation of the term and later philosophical elaboration of it. However, more is involved here than simply a repetition of a key word or phrase. The doctrine of sympathy that plays a crucial role in nineteenth-century utilitarian thought 3 also appears to be central to Hume's ethical and political thought. Moreover, Hume's views on such a fundamental question as political obligation would appear to have been adopted directly by the utilitarians. Bentham, for example, when dealing with the question of the ground of political obligation, cites Hume directly in order to reaffirm his position," which seems to suggest that degree of shared assumptions and insight among thinkers that goes to constitute a particular tradition. Yet, it is my contention s that the historical categorization described in the previous paragraph 6is too facile in that it overlooks important discontinuities separating Hume from utilitarian thought. Although many interpreters have claimed that Hume was not a utilitarian simply because he was a noncognitivist, the theories of morals and politics often attributed to him are extensionally equivalent with I am grateful to Professor Thomas Scanlon of the Department of Philosophy at Princeton for his comments on earlier drafts of this paper. ' See, for instance, J. Bronowski and Bruce Mazlish, The Western Intellectual Tradition (London: Hutchinson & Co., 1960), p. 475. 2 See, for example, George H. Sabine, A History of Political Theory, 3rd ed. (New York: Holt, Rinehart and Winston, 1961), p. 602, where, however, Hume's utilitarianism is regarded as having more in common with John Stuart Mill's than with Bentham's. 3 John Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, Belknap Press, 1971), pp. 183-194. 4 Jeremy Bentham, A Fragment of Government, ed. Wilfrid Harrison (Oxford: Basil Blackwell, 1967), pp. 49-56. 5Rawls, to some extent, supports an interpretation of Hume as a nonutilitarian. See, for instance, how he construes Hume's rejection of an original contract (Theory of Justice, pp. 32-33). Yet on the crucial question of a doctrine of sympathy he posits a continuity between Hume and utilitarian thought, which I find unacceptable. 6 John Plamenatz, in his history of utilitarian thought, specifically supports this categorization (The English Utilitarians [Oxford: Basil Blackwell], pp. 22-45). See below, final pages, for a further discussion of Plamenatz's scheme of categorization. [4231 424 HISTORY OF PHILOSOPHY utilitarianism. 7 It is precisely this claim that I wish to dispute. With regard to the doctrines of utility and sympathy, I shall try to pinpoint the import they carried for Bentham and his followers and compare this with the meanings these doctrines have in the context of Hume's thought. I shall also attempt to relate his thought to the important English philosophers in the social contract tradition--Hobbes and Locke-exploring the possibility that Hume's deepest affinities might lie with his contractarian predecessors, rather than with his utilitarian successors. As a preliminary question we might consider how Hume defines the concept of utility. It seems that for him the term remains a fairly vacuous one to be identified with an unspecified tendency of an action "to the good of mankind. ''8 He does not appear to connect the notion of utility with that of pleasure the way the utilitarians do. 9 Hume's invocation of the concept of utility outside the context of its association with pleasure would not necessarily prevent our considering him a utilitarian if in the structure of his theory of moral judgment (where he supplies some content to the notion of "the good of mankind") the notion of "pleasure" serves as the common denominator in terms of which a balancing process can be carried out. However, an examination of the arguments where Hume makes use... (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept in contemporary (...) literature. This study attempts to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (shrink)

Assorted fruit from forty years' writing, these essays by David Braybrooke discuss (in Part One of the book) a variety of concrete, practical topics that ethical concerns bring into politics: people's interests; their needs as well as their preferences; their work and their commitment to work; their participation in politics and in other group activities. Essays follow on the justice with which theme matters are arranged for and on the common good in which they are consolidated. Justice here (...) inspires a 'departures' approach, which moves from agreement on departures from commutative justice to agreement on measures of distributive justice needed to forestall such departures. Another essay (first published here) radically undermines the odd but entrenched belief that utilitarianism classically licenced, even prescribed, systematically sacrificing the happiness of some people to give others greater pleasure. Part II and Part III of the book concentrate upon the subject of settled social rules, which are devices for securing the objectives treated in Part I. Part II shows that rules are ubiquitous in ethics, since there are no virtues without rules, just as there are no (justified) rules; without virtues. Part Two also shows that rules are as ubiquitous in social phenomena as the causal regularities sought by one school of social science. Part III captures the dialectic of history at least in part by a logical analysis of changes in rules following the onset of quandaries. It then considers how political choices can be both prudent, by keeping within duly considered incremental limits, and yet imaginative enough to escape the recent embarrassments generated by social choice theory. Characteristically versatile in topic and style, Braybrooke offers original light on all theme subjects. One reader has commented, ' His] prose is elegant and always a pleasure to read. Some of the pieces are nothing short of brilliant.' Which did the reader have in mind? Readers may differ (they already have) on just which pieces they would rank highest. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business for the Common Good: A Christian Vision for the Marketplace by Kenman L. Wong and Scott B. Rae, and: Market Complicity and Christian Ethics by Albino BarreraAnn GibsonBusiness for the Common Good: A Christian Vision for the Marketplace Kenman L. Wong and Scott B. Rae Downers Grove, Ill.: InterVarsity Press, 2011. 285 pp. $24.00Market Complicity and Christian Ethics Albino Barrera New York: Cambridge (...) University Press, 2011. 312 pp. $91.00At first glance, Business for the Common Good and Market Complicity and Christian Ethics appear to be similar. Their respective authors seek to address the relationship of business and ethics—two words many readers have a difficult time putting into the same sentence, let alone into the same philosophical discussion. Both books are part of a publisher’s series: the first is part of InterVarsity’s Christian Worldview Integration series and the second is part of Cambridge University Press’s New Studies in Christian Ethics series. Nonetheless, their purposes and approaches to the subject of business ethics are quite different. Kenman Wong and Scott Rae address whether it is possible for a person to be in business for any purpose other than earning profits (28); Albino Barrera addresses whether we are morally responsible for the unintended consequences of our market transactions and, if so, to what extent would or could this be true (3).Wong and Rae lay the foundation for their argument that working in business is a calling and service to God by discussing the role of work in God’s original plan for humankind. They then contend that the biblically inspired qualities [End Page 208] of service, trust, and perseverance can be developed and nurtured in one’s business practices (114). Recognizing that business also reflects the consequences of sin—with its focus on wealth, success, and ambition (115)—they recommend that business persons cultivate spiritual disciplines such as remembering the Sabbath, considering the use of time from God’s perspective, and learning to see one’s work as a gift from God rather than as wearisome toil. They remind the reader of the following: God is the ultimate owner of all our material possessions (123); we are wise when we hold our wealth and possessions loosely (124); and the Bible measures success by the excellence with which we work (as a human reflection of God’s excellence) and by our faithfulness in pursuing this goal of excellence (133, 134).Although Wong and Rae sought to write a philosophy or theology of business (37), the book they wrote is practical; it does not have much theory and its theological assumptions are not fully explicated. Rather, it provides helpful suggestions for addressing problematic tensions in business—such as management and power, marketing and manipulation, and globalization and economic inequity. The authors remind the reader that God calls for justice and commands us to love our neighbor. In this light, they call business persons to reen-vision their work as an opportunity for serving God and neighbor. In their discussion of ethics in business they unequivocally state that “God requires integrity in the workplace not because it’s profitable but because it’s right and honors him” (188). Although they use footnotes, Wong and Rae write in a conversational style and sometimes use personal examples and stories to illustrate their points. The book contains only a scripture index, and it does not include a bibliography.In contrast, Barrera writes in a tight, logical, highly readable style; he uses extensive footnotes and provides an excellent bibliography. Drawing on concepts from tort law, economics, social philosophy, and theology, he argues for the necessity of considering the unintended consequences of our market activities. Such consideration is required because “we are the generation that ushered in the post-industrial era” with its economic reality of globalization, which both “creates new and more demanding economic obligations even as it greatly expands the occasion for our complicity in or indifference to one another’s economic misconduct” (3).Barrera’s study opens with a theory section that discusses problems in business ethics—accumulative harms, overdetermination, and interdependence—even as it seeks to answer three questions: who is complicit, why... (shrink)

This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account (...) of the relationship between basic goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3 that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robustaccount of the common good. (shrink)

이 글은 롤즈의 강의록인 『도덕철학사강의』를 중심으로, 롤즈의 칸트 해석이 칸트를 왜곡하는지 평가하는 것을 목표로 한다. 이 작업을 함에 있어 나는 롤즈의 정의론이 칸트를 근본적으로 왜곡한다는 주요 문제제기들에 맞서 『도덕철학사강의』에 근거해 답을 구성하는 방식을 취한다. 그리고 이 글에서 다뤄진 그 문제에 있어서만큼은 롤즈는 칸트의 윤리학을 왜곡하지 않음을 보여 목표를 이루고자 한다. 이 글에서 다루는 문제들은 다음과 같다.BR 첫째, 원초적 입장과 같은 롤즈의 장치들은 경험적 실천이성관에 의존한다는 비판이다. 이에 대해 나는 원초적 입장 당사자들의 이익 추구적 성격은 칸트의 정언명령을 절차적으로 재현한 구성의 전체 (...) 성격에 비추어 해석되어야 한다고 응수한다. 이와 관련하여 “사회적 기본재”에 대한 원초적 입장 당사자들의 관심은 반칸트적이라는 반론도 제기된다. 이 개념의 원천으로 보이는 “진정한 인간적 필요들”은 칸트의 텍스트에 있지만 롤즈가 사용하려는 취지와 매우 다르다는 점에서 그 개념의 사용은 칸트의 어법을 왜곡할 수 있다고 인정된다. 하지만 그 역할을 할 새로운 개념을 도입해서 칸트의 실천이성관 안에 자리매김할 수 있다면, 롤즈가 정의론에서 사용한 “사회적 기본재” 개념은 롤즈가 칸트의 실천이 성관을 왜곡하고 있다는 비판의 증거로 쓰이지 않을 것이다.BR 둘째, 칸트 윤리학은 도덕법칙이란 토대를 갖지만 롤즈는 구성주의적 해석을 통해 그것을 부정한다는 비판이 있다. 하지만 롤즈는 모든 것이 구성된다는 의미의 구성주의를 제시한 것이 아님을 우리는 알아야 한다. 이 외에도 롤즈의 정의론에서의 “반성적 평형” 방법론이 칸트적이지 않다는 비판이 있다. 나는 이 “반성적 평형”은 롤즈의 정의론에 대한 공격으로서 적절할지도 모르겠지만 롤즈의 칸트 해석에 대한 공격으로는 부적절함을 보인다. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Commonwealth of Hope: Augustine’s Political Thought by Michael LAMBMichael J. S. BrunoLAMB, Michael. A Commonwealth of Hope: Augustine’s Political Thought. Princeton, N.J.: Princeton University Press, 2022. xiii + 431 pp. Cloth, $39.95In his comprehensive study of Augustinian hope, Michael Lamb seeks to provide a corrective to the common characterization, especially promoted in the last century, of Augustine as politically and socially pessimistic. Lamb asserts that Augustine’s (...) work leads us, rather, to a “realistic hope,” as he argues for a more “hopeful, this-worldly” reading of the Doctor of Grace. After tracing the path of contemporary Augustinian interpretation, Lamb begins an interdisciplinary study of Augustine’s understanding of hope, which he argues allows us to understand how Augustine “advocated and modeled engagement in public life,” as “bishop, theologian, and citizen.”In part 1, “The Virtue of Hope,” Lamb systematically discusses Augustine’s understanding of virtue, and the relationship within his theology of the theological virtues. In chapter 1, Lamb utilizes the Enchiridion to explore Augustine’s understanding of the objects and grounds of hope, as “the orientation of will” toward objects that “engage our desire and spark an affective movement for union with what we love.” In chapter 2, Lamb explores hope’s integral connection to love and integrally captures key concepts in Augustine’s thought, particularly the consequences of the Fall in human pride, the presence of the libido dominandi, and the often-discussed debate of uti-frui, noting that Augustine is fundamentally concerned with love being rightly ordered. In chapter 3, he responds to the criticism of Augustine’s hope as “otherworldly,” explaining how Augustine does not dismiss temporal goods but, rather, “chastens disordered desires for them.” Lamb also makes clear that Augustine “challenges the either/or dualism” that locates [End Page 154] eternal goods in a purely transcendent realm. In chapter 4, Lamb analyzes the grounds of faith and its objects, outlining Augustine’s treatment of faith’s relation to both authority and neighbor, who for Augustine must be included as an object of faith. In chapter 5, relying on Augustine’s Confessions, Lamb underscores the condemnation of Pelagianism while demonstrating that similar to love, we might hope in neighbors as “a way to hope in the invisible God.” He also examines the epistemological challenges presented by the vices of presumption and despair, noting how for Augustine “a deficient or disordered faith leads to disordered hope.”Part 2 of Lamb’s work turns to Augustine’s rhetoric and how Augustine’s pedagogical concerns undergird both his sermons and other works, especially the often-cited City of God. In chapter 6, Lamb notes the need within political interpretations of Augustine for a greater grasp of “his rhetorical and pedagogical purposes,” especially his moral teaching offered to a wide and diverse audience both in his preaching and letters. In chapter 7, Lamb turns to City of God, noting its aim as both instruction and encouragement, and confronts the limits of the binary view of optimism and pessimism as “anachronistic and conceptually confining.” Lamb, on the contrary, posits a “more capacious triad of presumption, hope, and despair” as capturing the true “posture” of Augustine’s City of God, especially book 22.In part 3, Lamb focuses on the place of political goods as objects of hope within Augustine’s thought. Chapter 8 focuses on the political implications of Augustine’s eschatology and ecclesiology and, through engagement with numerous interpreters, examines Augustine’s saeculum as “a passing age in which members of both cities—earthly and heavenly—share proximate goods and build a common life together.” In chapter 9, Augustine’s epistolary is examined in order to demonstrate that, while “fulfilling his duties and embodying active citizenship, [Augustine] did not make an idol of politics or see it as the ultimate source of salvation.” In chapter 10, Lamb proposes an alternative account to the “antipolitical, otherworldly exclusivist” Augustine, namely, an Augustine who both is slow to judge the virtue and vice of others and acknowledges “some form of genuine, if incomplete, virtue in those without faith.” In this chapter, Lamb’s nuances of Augustine’s understanding of “true virtue” are well grounded... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Tyranny of Merit: What’s Become of the Common Good? by Michael J. SandelYoko NagaseMichael J. Sandel. The Tyranny of Merit: What’s Become of the Common Good? New York: Penguin Books, 2021. 272 pp. Hardcover, £9.99. ISBN 978-0-141-99117-7.Is a meritocratic capitalist society a utopia? The answer depends on who you are. A libertarian is likely to embrace the meritocratic credo that talent and effort (...) deserve rewards, regarding their success in a competitive market system as their own doing and even looking down on those who are not successful (25). A liberal may emphasize the need for a redistributive safety net and yet still promote meritocratic capitalism as utopian as we may ever achieve.1 Michael Young, who coined the term meritocracy in 1958, depicted an imaginary meritocratic society as a dystopia (116). In The Tyranny of Merit, Michael J. Sandel spends six out of seven chapters exemplifying the misery of not-being-a-winner in a meritocratic society.The Tyranny of Merit does a brilliant job at providing an “A-ha!” moment to anyone who has been compelled to accept, and to live with, the seemingly fair meritocratic rule of evaluating individuals, despite the frustrating awareness that something is not quite right. The author articulates exactly what’s wrong with meritocratic capitalism.The problem of meritocratic capitalism is, succinctly put, “merit drives out grace” (58). Meritocratic capitalism denigrates those who lack abilities or, worse, it humiliates those who hold jobs that are needed by the society but do not pay a lot (203). Meritocracy provides a justification for inequality that markets deliver by making people believe that their success is their own doing, not something they inherit (120, 125). However, distribution of income and wealth based on the natural distribution of talent and abilities on which the success depends is just as arbitrary as the distribution based on the [End Page 154] historical and social fortune such as class.2 This lack of gratitude and humility among those who are rewarded richly by the markets, Sandel points out, discourages the successful people from caring for the common good or those who are less fortunate than themselves (14, 59).Any mainstream introductory economics textbook would say that prices provide market participants with information about the scarcity of productive inputs and incentive to pursue their self-interests (utility and profits), resulting in markets’ delivering goods and services that best serve consumers’ needs and wants. These textbooks would also clarify that efficiency that markets deliver in allocating productive resources and goods does not imply that the outcomes are necessarily fair or equitable. What is not necessarily made explicitly clear, however, is that market prices do not represent moral values. Rawls, Hayek, and Friedman agreed with Knights in that a market price depends on supply and demand that depend on institutional settings such as property rights, taxation, and support for higher education; therefore, distributing according to the market outcome has “little or no ethical significance.”3 Sandel laments that, in reality, those who are marked by markets as lacking merits (via low pay) live with a sense of demoralizing, humiliating failure (185). The outcome is a lack of contributive justice; those who lack merits struggle to achieve the recognition and honor that they deserve for what they offer through their works (203).What is likely to be completely missing in introductory economics classes at universities is the emphasis on contributive justice. Contributive justice, in my view, is the most important concept introduced by The Tyranny of Merit. The author emphasizes that individuals should be given a chance “to win the social recognition and esteem that go with producing what others need and value” (206). The author challenges us to think again how we should value different types of occupations (191). Aren’t plumbers, social workers, and teachers just as important for society as bankers? Why should there be any prejudice against those who choose not to go to universities? (73). Economics should emphasize that we are not just consumers; we are (proudly?) producers as well. Chapter 3 of The Tyranny of Merit provides many examples of politicians embracing meritocratic policies based on... (shrink)

This paper presents a design for a social and political philosophy course for fourth- and fifth-year undergraduates. The theoretical foundation of the courses is based upon Rawls' theory of original position as a starting point to engage with the history of political thought. Students are able to approach problems in the history philosophy through a practical investigation of contemporary structural issues in public policy. The success of the course lies in students’ engagement with an in-class theoretical and hands-on research (...) project that develops over the course of a semester. (shrink)

Entrepreneurs of contested commodities often face stakeholders engaged in market excluding boundary work driven by ethical considerations. For example, the conversion of academic scientific knowledge into technologies that can be owned and sold is a growing global trend and key stakeholders have different ethical responses to this contested commodity. Commercialization of science can be viewed as a good thing because people believe it bolsters economic growth and broadly benefits society. Others view it as bad because they believe it discourages (...) basic research that ought to be freely shared without concern for profit. Taking a descriptive sociological approach, we posit that the stance of a religious tradition toward capitalism will help shape individual scientists’ views on science commercialization and test whether the religious tradition of scientists correlates with their attitude toward the commercialization of science. To maximize variance on the religious tradition dimension, we analyze pooled data from a cross-national survey of university biologists and physicists encompassing France, Hong Kong, India, Italy, Taiwan, Turkey, UK and the USA. We indeed find religious tradition differences. Hindus and scientists with no religious tradition are more likely to agree that commercialization of science “harms a university’s commitment to knowledge production” than Protestants. We end with a discussion on business ethics and the moral limits of the market as well as implications for entrepreneurs of contested commodities. (shrink)

The article aims to articulate and defend St. Thomas Aquinas’s understanding of the transcendence of the political common good and argues against the new natural law theory’s view of the common good as limited, instrumental, and ordered toward the private good of families and individuals. After a summary of John Finnis’s explanation of the common good in Aquinas: Moral, Political, and Legal Theory, the article presents an analysis of the political common (...) good in Aquinas’s Summa theologiae and De regno. This analysis shows, contrary to Finnis, that for Aquinas the political common good transcends the private good of individuals and families, that it consists in the virtuous life of the political multitude, and that the family is insufficient to lead men to virtue apart from the civitas. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 133–155. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined (...) to the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML 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.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your 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. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available 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. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available 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. (shrink)

In choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry (...) Temkin's book shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics. (shrink)

Augustine’s insights into the will and its free decision have long been a focus of controversy since his lifetime. Nonetheless, in modern scholarship, little effort has been made to clarify the actual function of the will as a psychological force in the life of mind. It has often been taken for granted that the will is an independent faculty which underlies our moral responsibility by its free choice. Accordingly, much ink has been spilled over issues such as necessity and (...) freedom, grace and free will, sin and evil will etc. This philosophical inquiry distinguishes itself from its antecedents by adopting a psychological focus on the function of the will. It attempts to explicate why uoluntas, and not other psychological activities, is the locus of moral responsibility in Augustine’s philosophical psychology. The work is thus split into two parts, each consisting of four chapters: the first part devoted to the will’s operation as a psychological dynamism, and the second to the traditional consideration of the will as a moral faculty. In the first part, the dissertation systematically investigates the psychological phenomenon of the will in its relationship to other psychological activities, from irrational affection to intellectual cognition. This phenomenological approach starts with Augustine’s unusual conception of concupiscentia carnis in his debates with Julian of Eclanum. According to Augustine’s philosophical interpretation of this biblical term, concupiscentia carnis as an uncontrollable tendency defines the essential infirmity of the will and forms the starting-point of further affective expressions of the soul. Then, the analysis advances to the role of the will in the formation of affection. It reveals the implicit approval that is entailed in the unvoluntary pre-volitional movements of the soul. This explains the superficial discrepancy between Augustine’s accounts of affection as can be found in Books IX and XIV of De ciuitate Dei. This general account of Augustine’s theory of emotion is followed by an in-depth examination of the feeling of shame so as to display the will’s actual contribution in a reflective affection. Augustine convincingly proves that shame reflects the powerlessness of the will in confrontation with concupiscentia carnis as well as the will’s effort to regain its dignity. To complete the foray into Augustine’s philosophy of the soul, his reflections on intellect and will in the process of moral decision are called into question. By reconsidering Augustine’s account of his own conversion and his reflections on our journey to the happy life, my analyses show that neither intellectualitic nor voluntaristic interpretations do justice to his understanding of moral decision. The voluntaristic interpretation overlooks the intellectual perspective of happy life and Augustine’s emphasis on the necessity of a knowledge of the good for our moral behaviour. On the other hand, the intellectualistic account unjustly ignores Augustine’s insights into the severe destructiveness of the failure of the will and the dilemma of two wills at war. To summarize, the phenomenological approach in Part I reveals the omnipresent feature of the will in mental life. The implications of this psychological feature of the will are twofold. It indicates the independence of the will as well as the limitations of the will by its actual conditions. The second part of this work investigates the moral significance of Augustine’s psychological insights into the function of the will. What bridges the gap between uoluntas as a psychological power and uoluntas as a moral faculty is Augustine’s most controversial conception of freedom. The dissertation first scrutinizes Augustine’s arguments for the independence of the will as reconstructed and assumed in the first part. By metaphysical arguments, Augustine reveals that nothing external, neither inferior nor superior being, can force the will to attain a particular disposition. For this cannot happen in a world governed by the divine order. In his analyses of the phenomenon of two contradictory wills, Augustine shows that the will is conditioned but not compelled by other internal forces. However, this merely represents the negative aspect of the will’s freedom, or libertas a coactione. At the same time, the positive aspect of Augustinian uoluntas has frequently been misinterpreted as a faculty of choice, or libertas indifferentiae. A careful reading shows that the free decision of the will is essentially a capacity to pursue one’s own happiness. In accord with this eudemonistic emphasis, the genuine freedom is the freedom to will and to accomplish the good, which alone guarantees the happy life. This original interpretation of freedom offers powerful support to Augustine’s account of moral agency. One is not only held responsible for his voluntary evildoings which he could have avoided, but also for the necessary conditions of life, i.e., ignorantia and difficultas as effects of original sin. For as argued earlier, even the presence of concupiscentia carnis as the inherent infirmity of the will contains the least assent of the will. This assent establishes the moral agency in evil willing. To account for our agency in the good will, the dissertation addresses the problem of compatibility between divine grace and freedom of will. My analysis shows that Augustine’s rigid position in the last years of his life is also philosophically defensible. An internal function of the grace upon the faculty of the will will not destroy its freedom to attain its own disposition. This philosophical analysis concludes by highlightling the close affiliation between the will and the self in Augustinian uoluntas. “I know nothing I could call my own if the will by which I’m willing or unwilling is not my own.”. By consent or dissent of the will, we identify ourselves with mental images, affective movements, practical reasoning and other psychological activities, either implicitly or explicitly. Augustine’s realistic conceptions of the will and its conditioned freedom provide a subtle and rich picture of human nature, which is still relevant to our own theoretical reflections on the self. 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This chapter contains sections titled: Property and Subjugation The Limits of Property The Marxian Theory of the Conditions of Liberty Inside the Marxian‐Liberal Original Position The Difference Principle as a Historical Principle of Justice.

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, "A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community" (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons (...) that anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 29, Number 2, November 2003, pp. 267-282 Skepticism and Philo's Atheistic Preference DAVID O'CONNOR [H]owever consistent the world may be... with the idea of... a very powerful, wise, and benevolent Deity... it can never afford us an inference concerning his existence. The consistence is not absolutely denied, only the inference.1 The whole presents nothing but the idea of a blind nature, impregnated by a great vivifying (...) principle, and pouring forth from her lap, without discernment or parental care, her maimed and abortive children. (DNR, 211) The true conclusion is, that the original source of all things is entirely indifferent to all these principles, and has no more regard to good above ill than to heat above cold, or to drought above moisture, or to light above heavy. (DNR, 212) There may four hypotheses be framed concerning the first causes of the universe: that they are endowed with perfect goodness, that they have perfect malice, that they are opposite and have both goodness and malice, that they have neither goodness nor malice.... The fourth... seems by far the most probable. (DNR, 212) David O'Connor is Professor of Philosophy, Seton Hall University, South Orange, New Jersey 07079. e-mail: [email protected] 268 David O'Connor What I have said concerning natural evil will apply to moral, with little or no variation; and we have no more reason to infer, that the rectitude of the supreme Being resembles human rectitude than that his benevolence resembles the human. Nay, it will be thought, that we have still greater cause to exclude from him moral sentiments, such as we feel them; since moral evil, in the opinion of many, is much more predominant above moral good than natural evil above natural good. (DNR, 212) Thus Philo in part 11 of Hume's Dialogues concerning Natural Religion. I In the first of these passages, Philo is denying that the existence of "a very powerful, wise, and benevolent Deity" can justifiably be inferred from the facts of good and evil present to our experience. But power, wisdom, and benevolence are essential qualities of the God of traditional theism, thus Philo is here denying that the existence of such a being can justifiably be inferred from the empirical evidence of good and evil. The other passages show us Philo going further than this, indeed all the way to what seems to be a preference for moral atheism. The term is J. C. A. Gaskin's, and he defines it thus: "[moral atheism] will be [the position of] anyone who denies the existence of any god having moral attributes."2 In the second and third passages specifically, this prima facie preference is absolute ("[t]he whole presents nothing but the idea of a blind nature... without discernment" and "the original source of all things is entirely indifferent," respectively), while it is relative and more cautiously expressed in the fourth passage. And the fifth passage says at least as much as the first and perhaps as much as the second and third. Yet Philo very early in the book declares himself a skeptic on such metaphysical topics as "the origin of worlds" (DNR, 132), "the existence and properties of spirits" (DNR, 135), "the powers and operations of one universal spirit, existing without beginning and without end; omnipotent, omniscient, immutable, infinite" (DNR, 135). The principal reason he gives is the "weakness, blindness, and narrow limits of human reason... even in subjects of common life and practice" (DNR, 131). Considering these limits, surely it is very likely that "we have... got quite beyond the reach of our faculties" (DNR, 135) if and when we turn to such metaphysical topics as those he just listed. On these matters, which "run wide of common life... [t]he mind must remain in suspense... and it is that very suspense or balance, which is the triumph of skepticism" (DNR, 135-6). Hume Studies Philo's Atheistic Preference 269 While the first of the passages I quoted in the beginning clearly squares with this skeptical outlook, and so does at least part of the fifth, it would seem that the rest of the quoted material does not... (shrink)

Effective Altruism is a rapidly growing and influential contemporary philosophical movement committed to updating utilitarianism in both theory and practice. The movement focuses on identifying urgent but neglected causes and inspiring supererogatory giving to meet the need. It also tries to build a broader coalition by adopting a more ecumenical approach to ethics which recognizes a wide range of values and moral constraints. These interesting developments distinguish Effective Altruism from the utilitarianism of the past in ways that invite cooperation (...) and warrant a fresh look from Thomists. Nonetheless Effective Altruism’s fundamentally consequentialist and aggregative model for ethics precludes more foundational agreement with Thomistic ethics in ways that limit the extent of practical cooperation. (shrink)

This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same op-position. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to pursue (...) in the same article. This is that solution. It also highlights the problem. The original charges were that Rawls’s decision procedure for ethics does not justify his own moral principles, namely his principles of justice, and that the underlying problem may well keep the decision procedure from justifying any moral principles whatsoever, or at least any normatively useful ones. The underlying problem was, and still is, the model’s inherent universalism, which is built into the decision procedure through design specifications precluding relativism, yet only at the cost of limiting the relevant moral principles to generalities that are already widely accepted, thereby render-ing the procedure at best redundant and very likely vacuous as an ethical justification model. These difficulties are manifested in the work of Rawls as the dogmatism of champi-oning a distinctive conception of justice, a liberal one as he himself calls it, through a justification model that is too universalistic to permit such a bias and possibly also too universalistic to permit any substantive conclusions at all. The solution contemplated here is to position the decision procedure as a dynamic justification model responsive to moral progress, as opposed to a static one indifferent to such progress and equally open to all moral input, thus removing the inconsistency between the universalistic design and any distinctive or controversial principles, including the ones Rawls himself recommends, so long as they are consistent with moral progress. (shrink)

A complex interaction of ideological, financial, social, and moral factors makes the financial sustainability of health care systems a challenge across the world. One difficulty is that some of the moral commitments of some health care systems collide with reality. In particular, commitments to equality in access to health care and to fair equality of opportunity undergird an unachievable promise, namely, to provide all with the best of basic health care. In addition, commitments to fair equality of opportunity (...) are in tension with the existence of families, because families are aimed at advantaging their own members in preference to others. Because the social-democratic state is committed to fair equality of opportunity, it offers a web of publicly funded entitlements that make it easier for persons to exit the family and to have children outside of marriage. In the United States, in 2008, 41% of children were born outside of wedlock, whereas, in 1940, the percentage was only 3.8%, and in 1960, 5%, with the further consequence that the social and financial capital generated through families, which aids in supporting health care in families, is diminished. In order to explore the challenge of creating a sustainable health care system that also supports the traditional family, the claims made for fair equality of opportunity in health care are critically reconsidered. This is done by engaging the expository device of John Rawls’s original position, but with a thin theory of the good that is substantively different from that of Rawls, one that supports a health care system built around significant copayments, financial counseling, and compulsory savings, with a special focus on enhancing the financial and social capital of the family. This radical recasting of Rawls, which draws inspiration from Singapore, is undertaken as a heuristic to aid in articulating an approach to health care allocation that can lead past the difficulties of social-democratic policy. (shrink)

There is much to admire and agree with in Bernard Gert’s book, Morality: Its Nature and Justification. Few philosophers have even attempted to provide the systematic account of the content of morality, what Gert calls the moral system, together with its justification that this book contains. In the brief space available here, I want to focus on a central feature of his account of the moral system of common morality and challenge, first, whether it is in fact (...) a feature of common morality, and, second, whether he has succeeded in justifying that feature. Gert argues that the goal or purpose of morality is to lessen the amount of evil or harm suffered. The first five moral rules do this directly by prohibiting doing actions that cause harm and the second five moral rules do this indirectly by prohibiting actions that typically result in harm. It is a fundamental mistake of consequentialists, according to Gert, to hold that there are also moral requirements to prevent harm and to promote good. In Gert’s view there are two errors here—not distinguishing causing harm from not preventing it, and not distinguishing harm or evil from pleasure or good. Gert’s moral system departs from a much wider range of moral views than consequentialism, however, because he argues there is no moral requirement to prevent harm or to promote good, not just that not causing harm may have some degree of priority over them. To be sure, this latest version of Gert’s theory is importantly improved over the initial version in giving place to moral and utilitarian ideals—the moral ideals include preventing harms and the utilitarian ideals include promoting good—as well as the moral rules, but acting in accord with ideals is only morally encouraged, never morally obligatory, and acting to promote a utilitarian ideal can never justify breaking a moral rule. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A THOMISTIC PERSPECTIVE ON ABORTION AND THE LAW IN CONTE:MPORARY AMERICA M. CATHLEEN KAVENY Yale University New Haven, Oonnecticut Introduction W;HEN THE SUPREME COURT handed down its abortion decision Webster v. Reproductive Health Services 1 in the summer of 1989, it was widely prel 109 S. Ct. 3040 (1989). All further citations to Webster will be given parenthetically in the text. To summarize the most significant aspects. of (...) the decision: A. Chief Justice Rehnquist authored an opinion of the Oourt (of the highest precedential value) which was joined by Justices White, Kennedy, Scalia, and O'Connor. The majority found the lower courts to be in error in striking down as unconstitutional the preamble to a Missouri statute which asserted that "the life -0f each human being begins at conception." The opinion of the Court also found that Missouri could constitutionally prohibit the use of public employees and facilities in the performance of abortions not necessary to save the mother's life. B. The Court also upheld the Missouri statute's provision requiring a. doctor to perform viability tests before aborting a fetus the doctor believes is of 20 or more weeks gestational age. In the plurality opinion (of less precedential value than an opinion -0f the Court, since it is not joined by a majority of the justices), Chief Justice Rehnquist, Justice White, and Justice Kennedy argued that since most fetuses are not viable at twenty weeks, the provision would impose substantial restrictions unrelated to the health of the mother upon what are, in fact, simply sec-0nd trimester abortions. Because they believed such restrictions to be in tension with Roe's trimester system, the plurality decided to abandon that system, along with its stipulation that the state's interest in unborn life became compelling only at viability. The plurality contended, however, that Webster presented no occasion for reconsidering Roe's holding, which deemed unconstitutional a statute prohibiting all abortions except those necessary to save the life of the mother. In a concurring opinion, Justice Scalia went further, arguing that the Court should explicitly overrule Roe v. Wade. On the other hand, Justice O'Connor, 848 344 M. CAT'HLEEN KAVENY dieted that this would exaicerbate a dangerously bitter social·struggle. In its 1973 decision Roe v. Wade (410 U.S. 113), the court had e1abo:raJted.a woman's right to abortion, and, in rthe sixteen years that fo11owed it, it ga,V'e that right unwavering support. Webster 'seemed to mark a retl.'eat from that support. The new scope it offered for state regulation of rubortion promised rto ignite gra,ss-roots forvor and a stiate..:by-state battle between those seeking rto maintain the abortion rights est1ab1isihed by Roe and its sequalia and those st:dving to limit the s1oope of these rights in 1 significant ways. Much of the criticism of Webster has fooused narrowly upon how weM the,decision has aiocorided with various views on the morality of abortion. Yet important 1as this issue is, thorough ethicaJ ana:lysis of Webster must address severa1l additional fac~ tors. The ethiicatl aidequacy of positive law, induding judicial interpretations of faw siuch as Webster, must he ev1alruated in terms of whetheir it aidvanices or impedes the common good. The common good requires not only that we consider the moml substance of legal requirements but tha:t we ailso attend to the manner in which law is made, promulgated, ml!d interpreted. Such an analysis is,sorely needed; it should. specify the severa1l factors involved in determining whether any given legal also concurring in the plurality's judgment, maintained that this provision of the statute could be upheld without any reconsideration of Roe, since it co· hered with that decision's recognition of the compelling state interest in viable fetal life. C. Justice Blackmun authored an opinion dissenting from the majority on the issues discussed above, and he was joined by Justices Brennan and Mar· shall. The thrust of his opposition is directed against the plurality's treatment of the viability testing,provisions. Blackmun first suggested that i.f understood according to the canons of proper statutory interpretation, these provisions unconstitutionally restrict the attending physician... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Imitation of Nature: Source of Principles of Moral Action by Wojciech GolubiewskiAnthony T. FloodGOLUBIEWSKI, Wojciech. Aquinas on Imitation of Nature: Source of Principles of Moral Action. Washington, D.C.: The Catholic University of America Press, 2022. xx + 309 pp. Cloth, $75.00Does Aquinas's ethical account necessarily rely upon his metaphysics of goodness and natural forms, or can we fairly interpret his ethics as merely cursorily (...) connected to these other aspects of his thought? Golubiewski offers a thorough and compelling case that Aquinas indeed bases his ethics on these various broader principles, such that proper practical principles inextricably and fundamentally are an imitation of nature.Golubiewski details the full range of scholarship on Aquinas's natural law theory in order to set up his meticulous and comprehensive analysis. He motivates his interpretation by examining two opposed positions in current discussion. On one side is the view championed by Stephen Brock and others that focuses on Aquinas's metaphysics of the good, along with "the imitation of nature as the 'imitation of the divine mind'" as crucial to an accurate understanding of the natural law. On the other side is Martin Rhonheimer, who maintains, "natural law is not the 'imitative reflex' of the 'natural order'." Rhonheimer wishes to avoid a moral physicalism that succumbs to charges of the naturalistic fallacy. Golubiewski sides with Brock and proceeds to show the extent to which the notion of imitation performs throughout Aquinas's ethical thought.Early in his analysis, Golubiewski notes that we should avoid an overly strict distinction between the two virtues of practical reason, namely, art and prudence. While art does have the specific sense of right reason regarding the making of things, Aquinas also uses it more broadly and analogically as conveying any kind of right reason. Thus, when Aquinas speaks of art, particularly in terms of right reason as an imitation of nature, this includes prudence and all of the moral virtues it directs. Moreover, the notion of art also pertains to God's creative act. Insofar as created natures are the effect of divine art, the parameters of their goodness are already determined. In the case of rational natures, they are not free to determine their own goodness. By imitating nature, a person imitates the mind behind nature.Golubiewski devotes considerable attention to the sources of moral knowledge. For human beings, the imitation of nature pertinent to right moral reasoning begins with the knowledge of sensible things, whereby we grasp the patterns, modes of operations, and inclinations of them. All [End Page 139] beings have a movement toward—a desire for—actuality, which in turn orients them to divine goodness. "In this way things 'desire' the divine goodness, according to their own 'immanent likeness' to it. They desire it insofar as they imitate it." Each kind of thing imitates God's goodness in its own, admittedly very limited way. Human nature has this same relation to God; thereby, proper human action is based on the same sort of imitation.This leads to a relevant analysis of the part/whole notion in Aquinas. Golubiewski remarks that we have an inclination not merely toward our own individual good but also to the good of the whole human community and ultimately God as the ultimate good. "Not only political virtue but all kinds of properly human virtues are intrinsically ordered to the common good. In this way all of them are part of general justice as ordered to reason in its imitation of nature." In light of the recent resurgence of interest in the precise connection between personal rights and the common good, Golubiewski's elaboration on these points might prove especially helpful to anyone desiring to bring Thomistic principles into the debate.Golubiewski proceeds to delve into the precise character of the inclinations of human nature as rational inclinations. The common intelligible structure of goodness entails three elements. One, the mode of each kind of thing's congruent action. Two, the virtuous dispositions as rooted in that nature. Three, the virtuous agency by which the proper good of that nature is obtained. In the case of human beings, the mode of obtaining goodness is... (shrink)

A complex interaction of ideological, financial, social, and moral factors makes the financial sustainability of health care systems a challenge across the world. One difficulty is that some of the moral commitments of some health care systems collide with reality. In particular, commitments to equality in access to health care and to fair equality of opportunity undergird an unachievable promise, namely, to provide all with the best of basic health care. In addition, commitments to fair equality of opportunity (...) are in tension with the existence of families, because families are aimed at advantaging their own members in preference to others. Because the social-democratic state is committed to fair equality of opportunity, it offers a web of publicly funded entitlements that make it easier for persons to exit the family and to have children outside of marriage. In the United States, in 2008, 41% of children were born outside of wedlock, whereas, in 1940, the percentage was only 3.8%, and in 1960, 5%, with the further consequence that the social and financial capital generated through families, which aids in supporting health care in families, is diminished. In order to explore the challenge of creating a sustainable health care system that also supports the traditional family, the claims made for fair equality of opportunity in health care are critically reconsidered. This is done by engaging the expository device of John Rawls's original position, but with a thin theory of the good that is substantively different from that of Rawls, one that supports a health care system built around significant copayments, financial counseling, and compulsory savings, with a special focus on enhancing the financial and social capital of the family. This radical recasting of Rawls, which draws inspiration from Singapore, is undertaken as a heuristic to aid in articulating an approach to health care allocation that can lead past the difficulties of social-democratic policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Papirius and the Chickens, or Machiavelli on the Necessity of Interpreting ReligionJohn M. Najemy*No aspect of Machiavelli’s thought elicits a wider range of interpretations than religion, and one may wonder why his utterances on this subject appear to move in so many different directions and cause his readers to see such different things. One reason is of course his famous challenge to conventional piety in the advice to princes (...) (in chapter 18 of The Prince) that, while it is important to appear to be “all compassion, faith, integrity, humanity, and religione, and there is nothing more necessary for a prince than to appear to have the last of these,” these “qualities” can actually be “damaging” if a prince insists on observing them at all times. For it is sometimes necessary to act “against faith, against charity, against humanity, and against religione.” 1 Machiavelli probably never wrote more famous or infamous words than these, even though they express an obvious, and hardly original, truth about all politics. But the world of the later sixteenth- and seventeenth-century reformations and religious absolutisms could not tolerate such honesty, and Machiavelli’s reputation was quickly tarred with accusations of devilish immorality by the very societies that thought it was godly to burn heretics. On the issue of religion Machiavelli became, and to some extent remains, a convenient scapegoat often blamed for the decline of religion in the modern world, all of which has no doubt intensified the polemical and ideological nature of the debates surrounding his views of religion in general and Christianity in particular. [End Page 659]The polar positions in the interpretation of Machiavelli’s ideas about religion are represented by Leo Strauss and Sebastian de Grazia. For Strauss, Machiavelli was a “teacher of evil,” a “blasphemer,” and a purveyor of lessons of a “diabolical” and “soulless character” whose purpose was to sabotage the heritage of thought and morality inherited from both Christianity and Greek philosophy. 2 De Grazia, by contrast, has recently given us a Machiavelli who “discourses about God always in the conventional reverent attitude,” who “never questions that there is good and evil,” and who, “by associating virtuous political action with grace and glory... argues that through this kind of active and political virtue men conform to God’s desire.” “Behind Niccolò’s insistence on political action,” says de Grazia, “stands God. He grants His grace when it is earned—in political coin.” 3 Part of the fascination of Machiavelli scholarship is the mystery of how this most outspoken and direct of political thinkers—a writer who pulled no punches and minced no words—could be the common referent of such wildly different readings. But it is equally curious to observe how uncannily these extreme positions mirror each other. Both give us true believers, one in the Word, the other in the subversion of the Word; and in both cases a believer who is always of a piece, true to himself, and possessed of an unshakeable commitment—whether positive or negative—toward the transcendent truth of Christianity. In short, for all the obvious differences, the similarities between Strauss’s “diabolical” Machiavelli and de Grazia’s reverent “friend of God” remind one of the old myth that devils are after all only fallen angels.The papers in this forum should certainly remove any doubt about the importance of religion in Machiavelli’s thought. They remind us of the prominence of religious language and examples in Machiavelli’s texts: his call for the “redemption” of Italy in the last chapter of The Prince; the esteem in which he holds the heads and founders of religions, whom he declares, in Discourses 1.10, to be the most praised of all famous men; the crucial appeal to the figure of Moses as the prototype of both founders of states and liberators of enslaved peoples; the central role that Machiavelli attributes to religion among the factors responsible for Rome’s power, unity, and political success; and his provocative critique of Christianity, which leads him, in a number of places, to blame the Christian faith for the relative weakness of both modern states and the modern ethic of citizenship. 4 The authors... (shrink)

This article responds to the theory of Common Good Constitutionalism as posited by Adrian Vermeule. He argues that a powerful centralized government composed of wise rulers must use law to direct the public towards a proper political and substantive morality to achieve the ends of the common good. This article then explores the broader concept of Integralism, in which Common Good Constitutionalism is rooted, similar in its belief that politics must be concerned with the (...) human good through the centralization of sovereign power. Natural law adherents created Common Good Constitutionalism and Integralism to combat the legitimate societal threat of modern liberal individualism and reintroduce the spiritual common good into our political and legal discourse. Though these arguments have some appeal, both theories are misguided in their understanding of the nature of politics, law, and the United States as a constitutional republic. This article instead suggests a more authentically Catholic salve for the societal wounds inflicted by acidic individualism; a true natural law understanding of the common good which respects the decentralized history and tradition of our country, the limits of political authority, the social priority of local communities above the state, and most importantly, the reality that man’s ultimate end is God’s gift of salvation. (shrink)

ABSTRACT:This article proposes a theory of the firm based on the common good. It clarifies the meaning of the term “common good” tracing its historical development. Next, an analogous sense applicable to the firm is derived from its original context in political theory. Put simply, the common good of the firm is the production of goods and services needed for flourishing, in which different members participate through work. This is linked to the political (...) common good through subsidiarity. Lastly, implications and challenges arising from the positing of work as the common good of the firm are explored. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TRANSCENDENT MAN IN THE LIMITED CITY: THE POLITICAL PHILOSOPHY OF CHARLES N. R. McCOY ]AMES v. SCHALL, S.J. Georgetown University Washington, D. C. The history of political philosophy since the time of St. Thomas has been a history of successive failures to relate ethics to politics and of successive attempts to find a substitute for theology, either in politics itself... or in economics.... Men are today oppressed by false (...) theologies erected into political systems, and those who are not so oppressed are in risk of becoming so oppressed by an intellectual and moral inability to defend themselves. St. Thomas's political science will not give us the answers to problems of hydro-electric development or technological unemployment ; but it will give us the answer to the most vital of contemporary problems: how to secure the rational foundations of humane living. -Charles N. R. McCoy," St. Thomas and Political Science." 1 I IN WRITING ABOUT the small but rich corpus in political philosophy by Charles N. R. McCoy, the temptation is almost irresistible to call it, wittily, " The Real McCoy," or, more academically, a theoretic essay on the reasons for our " intellectual and moral inability to defend ourselves." The kind of being we are, no doubt, needs defense, needs an explication that justifies its unique givenness. Charles N. R. McCoy is not generally wellknown, though he has a small and (one hopes) growing number of admirers. The very cultural unlikelihood of his central theme, 1 On the Intelligibility of Political Philosophy: Essays of Charles N. R. McCoy, edited by James V. Schall, S.J. and John J. Schrems (Washington: Catholic University of America Press, 1989), p. 38. 63 64 JAMES V. SCHALL, S.J. which 1s m no sense Hegelian, that there is indeed a coherent philosophical intelligibility-a "structure "-to political philosophy, makes his work both unique, profoundly appealing, and perhaps even prophetic. McCoy was concerned to explain the transcendence of each person, each citizen, beyond the city, indeed beyond this world, without denying his exact political nature and the reasons for its limits. Man was both a political and a philosophical animal to whom more than either politics or philosophy was given. The dignity of the city was essentially revealed in its limits, in what good it could do with its own means while leaving other admitted goods untouched, in what questions it could legitimately bring up because of its experienced life, but still could not answer by itself. On reading him carefully in one's own pursuit of philosophic wisdom in an age replete with sundry mental and moral confusions, it is tempting to affirm that, at last, in political philosophy here is found a body of reflection which is indeed " the real McCoy." Here is a consistent examination of philosophic principle that accounts for the contours of the whole of the discipline in its most radical origins and clearest limits. McCoy's "reality" does not, to be sure, exist for most of the political science profession itself nor for Christian thinkers in the field of political thought. This situation is unfortunate on both counts. Political philosophy, for its part, has pursued in modern times the line of its own autonomy in rejecting the great tradition which affirmed the limited place of politics in the order of being, its position as a practical, not speculative science. Theology-itself seeking relevance in lieu of transcendence-has largely imitated this modern turn in political thought. The crisis in theology is, more than anything else, the result of a crisis in political philosophy, its evolution in modernity. Thus in a discipline in which so many of the ultimate human issues are either not confronted at all or are at best confused, in a theological environment which is itself largely infected with the theoretical deviations McCoy chronicled, this benign neglect of his work may turn out to be an advantage. McCoy's independence of these ideological movements, grounded POLITICAL PHILOSOPHY OF CHARLES N. R. MC COY 65 as it is in the philosophical tradition from which these movements systematically deviated, provides a new and fresh way of coming to terms with the meaning of political philosophy itself. In a spirit of... (shrink)