This chapter contains sections titled: Notes.

In lieu of an abstract, here is a brief excerpt of the content:Buddhist and Catholic Monks Talk about CelibacyThomas Ryan, CSPThe electronic sign at the Minneapolis–St. Paul airport was flashing "Orange Alert" as a dozen Buddhist monks arrived in their burnt orange robes from around the country for three days of dialogue on celibacy with a similar number of Catholic monastics come together from various monasteries at St. John's Abbey in Collegeville, Minnesota. As he opened the October 26–29, 2006, (...) meeting, Rev. William Skudlarek, executive director of Monastic Interreligious Dialogue (MID), said, "You (Buddhists) have been at this for some five-to-seven hundred years longer than we have. We have something to learn."This was the second Monks in the West interreligious dialogue. The first took place in 2004 at the City of Ten Thousand Buddhas in northern California. On the Catholic side, the participants came from the Benedictine, Cistercian, and Camaldolese monasteries. On the Buddhist side, they came from the Theravada, Mahayana, and Tibetan traditions. Through the event, participants began the day with an hour of quiet sitting in meditation and joined the monastic community at St. John's for their rhythm of daily prayer.The first session dealt with theory, the "why" of celibacy. Buddhist participants explained that their teachings focus on seeing how suffering is created and cured. Attachments give rise to suffering, so advancement in the spiritual life requires letting go of one's attachments. Attachment to desires, among which are sexual desires, is a hindrance to spiritual progress. "Raging desire takes away choice, freedom," said Rev. Kusala Bhikshu, a Buddhist chaplain at UCLA, in his opening presentation. "The senses must be controlled in order to be free."Brother Gregory Perron from St. Procopius monastery in Indiana spoke of how monastic life demands a profound understanding and acceptance of solitude. "Celibacy is a tool," offered Perron, "a skillful means like intentional simplicity of life, by which our heart is burrowed out and the core of our being laid bare. By embracing it, the monk accepts the aloneness that characterizes every human being."In response to Buddhist reflections on the illusory nature of the body, Catholic participants pointed out Christianity's remarkably positive evaluation of the [End Page 143] body in the doctrines of the Incarnation, the bodily Resurrection and Ascension of Jesus, and the indwelling of the Holy Spirit. Both sides acknowledged balancing points of reference as well, such as, in Christianity, Paul's "Who will rescue me from this body of death?" (Rom 7:24). Though humankind ranks eighth from the bottom in Buddhism's thirty-two-realm cosmology, that level is the only one where spiritual growth can happen. Thus human form is in the end praised by the Buddha.In the second session, the participants moved from theory to practice. Rev. Jisho Perry from the Shasta Buddhist Abbey in California said that "the whole thrust of training is not to give in to desire that arises." He described the Buddhist method of accepting sexual feelings without either acting on them or repressing them, but just letting them pass through. "The right use of will is willingness, not willpower—the willingness to sit there and let that feeling pass through," he said.Fr. Skudlarek expressed appreciation for this Buddhist approach to transforming the sexual energy. "I never got a sense in our training of accepting the feeling with awareness and letting it pass without acting on it. You had to fight it! And the more you resisted, the stronger it got!"Rev. Heng Sure, who teaches at the Graduate Theological Union in Berkeley, presented celibacy as the first step in a three-step process that goes from celibacy to stillness to insight. "It should not be seen just as a difficult adjunct to the spiritual path, but as essential to it," he said. The practice of meditation represents daily periods when the senses are stilled and not allowed to pursue sense objects. "Something happens to the energy in the stillness; the pressure goes away." In married life, he explained, spiritual practice is "partial and piecemeal," making celibacy a more effective means to move toward insight and the peace and happiness that flow from it. In the discussion, Benedictine Fr. Mark... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a (...) performative.... There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gethsemani II:Catholic and Buddhist Monastics Focus on SufferingThomas Ryan, CSPApproximately twenty Benedictine, Trappist, and Camaldolese men and women monastics met 13-18 April 2003 with an equal number of Buddhist monastics at the Trappist Gethsemani monastery in Kentucky for five days of dialogue on the causes of suffering. The encounter, Gethsemani II, was a sequel to a similar 1996 meeting at the monastery made famous by the monk Thomas Merton, (...) a noted twentieth-century contemplative and peace activist who died in 1968. Merton's friendship with the Dalai Lama served as seminal inspiration for these two Buddhist-Christian dialogues. In a ritual at the opening of the Gethsemani II meeting, the participants, joined by a few advisors and observers to the dialogue, hung a wreath of flowers around the cross marking Merton's grave.Each day speakers from both sides initiated a conversation on a particular cause of suffering, such as greed and consumerism, personal and structural violence, sickness and aging. "I do not do well at conferences, and I came prepared to be bored," said John Daido Loori, abbot of the Zen Mountain monastery in Mt. Tremper, NY, on day three, "but the level of honesty and depth of sharing in these exchanges has ripped open my heart." It is not possible in this forum to synthesize the penetrating reflections and stories on suffering offered by the participants. What may be even more important is the window offered by this dialogue into the dynamics of interfaith encounter no matter where it takes place.By sharing times of prayer, talk, meals, and rituals appropriate to each tradition, the participants became friends. They came for one thing—to talk about suffering—and in the process found another: an experience of community. They began each conversation with the musical and meditative interlude of a recorder, but the openness and sensitivity of the conversation itself became the real music. They didn't solvea single problem, but they kindled a vital force—friendship—with which to confront problems together in the future. Each brought passion for their own tradition, the gospel on the one hand and the dharma on the other, and each ended by recognizing in the other a powerful resource for healing the world.Evident in this dialogue was the emergence of a Euro-American Buddhist voice, deeply respectful of the Asian tradition inherited, yet willing to think creatively about possible bridge points of understanding, of comparison, of ways of reformulating set [End Page 249] patterns of saying things so as to better get at possible common meanings. One example of this will suffice. Suffering is at the heart of the Buddha's teachings in the Four Noble Truths, the first teachings he gave after his experience of enlightenment. First, all existence is dukkha, unsatisfactory and filled with suffering. Second, dukkha arises from tanha, a craving or clinging, which means a constant effort to find something permanent and stable in a transient world. Third, dukkha can cease totally, and this is nirvana. Fourth, this can be reached by following the Eightfold Path described as "right" or samma: right understanding, right directed thought, right speech, right action, right livelihood, right effort, right mindfulness, right concentration. In short, the first three wisdom sayings relate to the existence, the cause, and the cessation of suffering. The fourth offers a clearly laid out plan for liberation from suffering.The Christian approach could be typified in Pope John Paul II's 1984 Apostolic Letter "On the Meaning of Christian Suffering," which was distributed to all the participants. In reflecting on Jesus nailed to the cross, the pope observes that "in this weakness there is accomplished his lifting up, confirmed by the power of the resurrection. This means that the weaknesses of all human sufferings are capable of being infused with the same power of God manifested in Christ's cross. In such a concept, to suffer means to become particularly susceptible, particularly open, to the working of the salvific powers of God offered humanity in Christ. In him God has confirmed his desire to act especially through suffering... and wishes to make his power known precisely in this weakness and emptying of self" (p... (shrink)

The work of the French Lithuanian Jewish philosopher, Emmanuel Levinas, describes a perceptive rethinking of the possibility of concrete acts of goodness in the world, a rethinking never more necessary than now, in the wake of the cruel realities of the twentieth century—ten million dead in the First World War, forty million dead in the Second World War, Hiroshima, Nagasaki, the Soviet gulags, the grand slaughter of Mao’s “Great Leap Forward,” the pointless and gory Vietnam War, the Cambodian self-genocide and (...) many an attempted extermination from the face of the earth of entire nations of indigenous peoples. The list of horrors goes on and on—daily holocausts that do not distinguish between the civilian and the soldier, the guilty and the innocent, those deserving of life and those less deserving. (shrink)

Epistemic paternalism is the thesis that in some circumstances we are justified in interfering with the inquiry of another for their own epistemic good without consulting them on the issue. In this paper, I address the issue of who is rationally entitled to undertake paternalistic interferences, and in virtue of which features one has this entitlement. First, I undermine the view according to which experts are the most apt people to act as paternalist interferers. Then, I argue that (...) epistemic authorities are in a better position to satisfy the requirements of justified epistemic paternalism, when conceived according to the service model of epistemic authority. Finally, I offer a virtue-based account of paternalist interferers and show how it can apply to cases in which the interferer is a group or an institution. (shrink)

The topic of self-interest raises large and intractable philosophical questions–most obviously, the question “In what does self-interest consist?” The concept, as opposed to the content of self-interest, however, seems clear enough. Self-interest is interest in one's own good. To act self-interestedly is to act on the motive of advancing one's own good. Whether what one does actually is in one's self-interest depends on whether it actually does advance, or at least, minimize the decline of, one's own good. (...) Though it may be difficult to tell whether a person is motivated by self-interest in a particular instance, and difficult also to determine whether a given act or decision really is in one's self-interest, the meaning of the claims in question seems unproblematic. My main concern in this essay is to make a point about the content of self-interest. Specifically I shall put forward the view that meaningfulness, in a sense I shall elaborate, is an important element of a good life. It follows, then, that it is part of an enlightened self-interest that one wants to secure meaning in one's life, or, at any rate, to allow and promote meaningful activity within it. Accepting this substantial conception of self-interest, however, carries with it a curious consequence: the concept of self-interest which formerly seemed so clear begins to grow fuzzy. Fortunately, it comes to seem less important as well. In Reasons and Persons, Derek Parfit distinguishes three sorts of theories about self-interest–hedonistic theories, preference theories, and what he calls “objective-list theories." Hedonistic theories hold that one's good is a matter of the felt quality of one's experiences. (shrink)

The topic of self-interest raises large and intractable philosophical questions–most obviously, the question “In what does self-interest consist?” The concept, as opposed to the content of self-interest, however, seems clear enough. Self-interest is interest in one's own good. To act self-interestedly is to act on the motive of advancing one's own good. Whether what one does actually is in one's self-interest depends on whether it actually does advance, or at least, minimize the decline of, one's own good. (...) Though it may be difficult to tell whether a person is motivated by self-interest in a particular instance, and difficult also to determine whether a given act or decision really is in one's self-interest, the meaning of the claims in question seems unproblematic. My main concern in this essay is to make a point about the content of self-interest. Specifically I shall put forward the view that meaningfulness, in a sense I shall elaborate, is an important element of a good life. It follows, then, that it is part of an enlightened self-interest that one wants to secure meaning in one's life, or, at any rate, to allow and promote meaningful activity within it. Accepting this substantial conception of self-interest, however, carries with it a curious consequence: the concept of self-interest which formerly seemed so clear begins to grow fuzzy. Fortunately, it comes to seem less important as well. In Reasons and Persons, Derek Parfit distinguishes three sorts of theories about self-interest–hedonistic theories, preference theories, and what he calls “objective-list theories." Hedonistic theories hold that one's good is a matter of the felt quality of one's experiences. (shrink)

Hinduism is considered one of the most ancient religions in the world. Although the technological innovation of modernization has undermined the reliance on their traditions, Hindus may still rely on Hindu Scripture when making decisions. From their standpoint, contrary to Western medicine, human lives cannot be reduced to statistical and empirical facts. They focus more on preserving the spirit, rather than considering survival as one of the goals of medicine. Consequently, when a preterm infant is born, Hindu parents (...) might struggle to understand the goals of Western neonatologists. This divergence may create misunderstandings when discussing end-of-life decisions. Since they value relational aspects to be of utmost importance, they may accept treatments only in the likelihood of good neurological outcomes. Being able to interact allows Hindus to act virtuously with the aim of purifying their soul toward moksa. When it comes to end-of-life decisions on behalf of newborns, Hindu parents may opt to forgo treatments and let the baby peacefully die, while praying for their soul to have a better rebirth. This paper aims to evaluate quality-of-life assessment in the Hindu tradition in comparison with the Catholic tradition. It draws parallelisms between these two different religions to investigate whether an inter-religious dialogue is possible. This work will help Catholic, and more broadly Western, doctors to have a better understanding of the Hindu end-of-life views. (shrink)

Personal utilitarianism applies act-utilitarianism to the problem of individual choice. It is based on the view that the good life is achieved through maximizing the sum of individual measures of utility over a population. the population being the sequence of semi-autonomous selves from which the individual is composed. I begin by showing how our lives can usefully be partitioned into selves because the weights put on our various choice motives are constantly changing and, consequently, our preferences themselves concerning what (...) we should choose at any given time can also change from moment-to-moment. In particular, because we put disproportionate weight on our present needs relative to our future ones, we often become impatient and choose options that offer immediate gratification. I use concepts from game theory to describe multiple selves, and to discuss how strategic interactions between selves are possible, and then conclude by considering the practical problem of how to achieve the good life, or how can we get our selves to choose what is best for us in the long run. (shrink)

Amongst traditionally-available frameworks within which end-of-life decisions in Intensive Care Units (ICU) are situated, we favour Ordinary versus Extra-ordinary care distinctions as the most helpful. Predicated on this framework, we revisit the concepts of personhood and autonomy. We argue that a full account of personhood locates its foundation in relationships with others, rather than merely in “rationality”. A full account of autonomy also recognises relationships with others, as well as the actual reality of the patient’s situation-in-the-world. The fact that, when (...) critically ill, the patient may no longer be able to take an active role in decision-making does not bring about the end of their personhood, or of their autonomy. Because the patient’s autonomy is intimately linked to their relationships with others, once critical illness supervenes, respect for their autonomy devolves to those others with whom the patient is in relationship. In practical application, this means that there must be a dialogue, as the end-of-life of the critically-ill patient in ICU comes into view. Such dialogue should be grounded on this understanding in order to conform best to moral philosophical principles. Ideally the dialogue will involve all those with whom the patient is in relationship and, practical difficulties within an ICU notwithstanding, will aim to be inclusive, non-coercive and reflective as it seeks to maximise the good of the patient in their unique context. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Prominent ethical and policy issues such as affirmative action and female enrollment in science and engineering revolve around the idea that diversity is good. However, a precise definition is seldom provided. I show that diversity may be construed as a factual description, a craving for symmetry, an intrinsic good, an instrumental good, a symptom, or a side effect. These acceptions differ vastly in their nature and properties. Some are deeply mistaken and some others cannot lead to (...) concrete policies. It is thus necessary to clarify what one means by ‘diversity.’ It may be a neutral description of a given state; but this is insufficient to act. The idea that there should be the same representation in a specific context as in the overall population is both puzzling and arbitrary. Diversity as intrinsic good is a mere opinion, which cannot be concretely applied; moreover, the most commonly invoked forms of diversity are not intrinsically good. On the other hand, diversity as instrumental good can be evaluated empirically and can give rise to policies, but these may be very weak. Finally, symptoms and side effects are not actually about diversity. I consider the example of female enrollment in science and engineering, interpreting the various arguments found in the literature in light of this polysemy. (shrink)

Ethics and morality, fundamental concepts in human society, are expected to be upheld by individuals and effectively taught by teachers to new generations. This study delves into the perceptions of preservice teachers regarding ethics and good within the framework of an ethics and morality course in education. It also explores the ethical and unethical behaviors these teachers most commonly encounter in their school experiences. Utilizing a qualitative case study methodology, the research provides an in-depth analysis of ethics, the (...) concept of good, ethical and unethical behaviors within the Turkish context. Through thematic analysis of data collected over various weeks, the findings reveal that participants perceive ethics as actions, individuals, and ideas that embody values such as justice, respect, and honesty. Their decision-making is influenced by diverse ethical filters aligned with normative ethical theories. For instance, an act is deemed ethical if it does not limit freedom and harm others, conforms to societal norms, benefits others, adheres to laws and rules, instills a sense of righteousness, and stems from good intentions. Furthermore, the study identifies six key qualities defining the concept of good: evoking happiness, being beneficial, proper, pure, preferred, and encompassing both moral and ethical dimensions. The experiences of ethical and unethical acts among participants predominantly relate to themes of inequality versus justice, harshness versus love, ineffective versus effective teaching, inconsistency versus role model behaviors, undesired versus desired relationships with school stakeholders, and the breach versus balance between professional and private life. Overall, this research highlights significant aspects of how preservice teachers perceive the concepts of ethics and good along with unethical behaviors, offering valuable insights for teacher education. (shrink)

The Good Place is based on the idea of an afterlife. The writers of The Good Place are certainly aware of the ways in which monotheistic traditions understand the afterlife. Rather than reflecting the Abrahamic religious traditions, the metaphysics of The Good Place share similarities with the Asian religions of Hinduism and Buddhism. The idea that earthly actions have consequences for the afterlife mirrors the notion of karma, “the moral law of cause and effect” believed by both (...) Hindus and Buddhists. The Good Place mirrors the Hindu tradition not only in reincarnation but also in the identification of the right “aims” or “goals” of life. In The Good Place, each character, in his or her own way, prepares for their release from the cycle of samsara, and each has come to accept reality as it is, accepting whatever their afterlives throw at them. (shrink)

Political philosophers often grapple with the issue of the legitimacy of state coercion. Aristotle, a perfectionist, opines that all men hold an objective account of the good life. As regards legitimacy, he entails that state policies are justified only when all its members comprehend the value that has been identified in accordance with the true notion of good. Aristotle argues that the state should facilitate the encouragement of objectively valuable notions of the good. Ronald Dworkin, a neutralist, (...) proposes a specific model of the good life so that one can live well. He holds that certain elements of the ethical conception lead to various notions of the good and, in matters of legitimacy, the state should be neutral towards the notion of good. This is so because A cannot make B’s life better by way of the coercive means of the state. This paper throws light on Aristotle’s and Dworkin’s dialogues on the moral foundations of legitimacy (conceived during their notion of the good life). Therefore, I argue that, in contrast to perfectionism, Dworkin justifies his liberal principle of legitimacy through the idea of state neutrality. But, eventually, Dworkin’s arguments overlook his ethical foundation or admissible towards perfectionism, which is emaciated enough to offer any justification for the principle of legitimacy. (shrink)

"Paternalism" comes from the Latin pater, meaning to act like a father, or to treat another person like a child. In modern philosophy and jurisprudence, it is to act for the good of another person without that person's consent, as parents do for children. It is controversial because its end is benevolent, and its means coercive. Paternalists advance people's interests at the expense of their liberty. In this, paternalists suppose that they can make wiser decisions than the (...) people for whom they act. Sometimes this is based on presumptions about their own wisdom or the foolishness of other people, and can be dismissed as presumptuous. But sometimes it is not. It can be based on relatively good knowledge, as in the case of paternalism over young children or incompetent adults. Sometimes the role of paternalist is thrust upon the unwilling, as when we find ourselves the custodian and proxy for an unconscious or severely retarded relative. Paternalism is a temptation in every arena of life where people hold power over others: in childrearing, education, therapy, and medicine. But it is perhaps nowhere as divisive as in criminal law. Whenever the state acts to protect people from themselves, it seeks their good; but by doing so through criminal law, it does so coercively, often against their will. (shrink)

Challenging students’ intuitions and unexamined beliefs, and drawing out the logical consequences of those beliefs has long been the teaching methodology of philosophers. These same educational goals are crucial to Plato’s philosophy of education, which is illustrated through Socrates’ metaphor of the midwife—the teacher helps the students create something novel out of that which they already have in them: in other words, it challenges them to rethink their assumptions. This paper will consider some of the ways in which Plato (...) presents the reader with opportunities to see the examined life as a series of rethinkings about what it means to live a good life with other people who are different from one’s self. The rethinkings that Plato’s dialogues prompt speak to some of the most prevalent assumptions that students typically and unquestioningly believe about diversity and the good life. (shrink)

This paper develops an interpretation of what is essential to kant's doctrine of the highest good, Which defends it while also explaining why it is often rejected. While it is commonly viewed as a theological ideal in which happiness is proportioned to virtue, The paper gives an account in which neither feature appears. The highest good is best understood as a state of affairs to be achieved through human agency, Containing the moral perfection of all individuals and the (...) satisfaction of their permissible ends-I.E., One in which all act from the moral law and in doing so achieve their intended ends. The paper shows that the texts contain two distinct conceptions not distinguished by kant-Both a theological and a secular (political) notion. The standard objections apply to the theological, But the secular conception is consistent with kant's conception of moral conduct. Moreover, That the highest good is introduced as an end to be constructed out of the moral law indicates that the secular version is the essential notion. (shrink)

Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction of our (...) desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left. (shrink)

One of the issues covered by Muʿtazila’s idea of justice is the subject of the imposition of moral obligation (taklīf). The concept of the obligation (taklīf), which expresses that God imposes some difficult acts on His servants and asks them to fulfill them, is important because it explains God’s justice for His servants and His wisdom in creating them. For this reason, the main emphasis in the matter of imposition has been on the veneration of the servants and rendering benefits (...) to them in return for imposition. As a matter of fact, God offers His servants such a reward that it is not possible to achieve with anything other than obligation. This article presents examples of hypothetical obligations emphasizing the same issue. Al-taklīf al-zāid is an additional imposition period meaning that God does not end the life that he determines for the morally obliged (mukallaf), but prolongs the life of the servant in such a way that changes the result of his imposition. In Muʿtazilite thought, the issue of the additional imposition basically takes place in the form of two separate discussions about unbeliever and believer. While the additional imposition of the unbeliever deals with the situation of the unbeliever who is known to believe when his imposition (or life) is prolonged; the additional imposition of believer deals with the situation of the believer who is known to disbelieve when his imposition (or life) is prolonged. Abū ʿAli thinks that it is obligatory (wajib) for God to keep this unbeliever alive when it is known that he would come to believe if He did not kill him and his imposition had been prolonged. His argument in this regard is his thought that the additional imposition is a favour (lutf) for the unbeliever to believe. Abū Hāshim, on the other hand, says that it is not obligatory for God to prolong the imposition of unbeliever in such a situation, and that it would be good (hasan) to kill the unbeliever, even though it is known that he would have believed if his imposition had been prolonged. Because, according to Abū Hāshim, God already gave the unbeliever the opportunity to attain rewards in his first imposition. The unbeliever reached this end because he made a wrong choice in his imposition and it cannot be obligatory for God to re-present the circumstances that will change this outcome. According to him, the additional imposition of an unbeliever is not a favour (lutf), but it is like the enabling to act (tamkīn) and is not obligatory. As for the additional imposition of a believer, Abū ʿAli, Abū Hāshim and the Bahshamites agree that it is good to prolong the imposition of the believer who is known to be an unbeliever if his imposition was prolonged. The reason for their view is that God has endowed the servant with a reward, which would otherwise be unattainable, in return for the prolonged imposition. However, the Husaynites believe that prolonging the imposition of believer in this situation would not be good. Because the believer deserves a reward for his first imposition and in this case, his additional imposition will be a corruption (mafsada) for him. As a result of these different views, when we look generally, it is seen that the main concern in Muʿtazilite thought is to make the most appropriate decision for the benefit of the servant in all the impositions that God has imposed and is likely to impose. The Bahshamites have always prioritized offering more rewards to the servant. However, Abū ʿAli regarding the additional imposition of the unbeliever, and the Husaynites regarding the additional imposition of believer, prioritized the imposition’s resulting in belief, and they thought that it was more suitable for the benefit of the servant. Since the purpose of the imposition in Muʿtazilite thought is to provide the opportunity to attain the degrees that it could never been reached in any other way, regardless of the outcome, it should be said that the views of the Bahshamites on both additional obligations are more consistent within the general system of Muʿtazila. (shrink)

People in our liberal pluralistic society have conflicting intuitions about the legitimacy of coercive hard paternalism, though respect for agency provides a common source of objection to it. The hard paternalist must give adequate reasons for her coercion which are acceptable to a free and equal agent. Coercion that fails to meet with an agent’s reasonable evaluative commitments is at least problematic and risks being authoritarian. Even if the coercer claims no normative authority over the coercee, the former still uses (...) coercion to replace the latter’s reasons or will with his own reasons or will. But does every hard paternalistic view have to invite such objection? Throughout I will assume that defenders of what I will call “Neutral Paternalism” (NP) and “Commonsense Paternalism” (CP) aim to offer reasons for coercion all can reasonably endorse despite evaluative diversity, in opposition to more objectionable forms of coercive paternalism, such as those which defend it on religious or perfectionist grounds. I will argue, nonetheless, that Gerald Dworkin’s defense of NP and Danny Scoccia’s defense of CP succumb to the same problems of objectionable imposition that saddle other forms of coercive paternalism. The shortcomings in their views suggest that even modest hard paternalism is nonetheless problematic for liberals. (shrink)

The traditional argument of Muslim theologians that aims to verify the claims of a true prophet and distinguish him from an impostor is based on the acceptance of miracles performed in history and testified through an uninterrupted chain of tradition. A second argument that equally involves transmission through tawātur is based on the prophet’s virtuous and impeccable character establishing the trustworthiness of the prophet. These are, for instance, the types of proofs mentioned by the Baghdadian Mu‘tazilī al-Gˇāhiz in his monograph (...) Huˇgaˇg al-nubuwwa. For theologians of the Aš‘arite school this approach to the verification of prophecy posed a problem. According to classical Aš‘arite theology, good is what God commands and bad is what he forbids. If God chooses prophets to reveal knowledge about what is right and what is wrong, and thus also reveal knowledge about how to live a virtuous life, how can those whom the prophets call upon know that the prophets have a virtuous character before they even know the criteria for virtue? Early Aš‘arite theologians indeed accepted that all prophets had a most virtuous character. This fact, however, became apparent only after their message gained acceptance within their community and it cannot be regarded as a viable verification of the claim of a prophet to those he calls upon. Al-Aš‘arī, for instance, is said to have accepted a number of indications that allow humans to distinguish a prophet from ordinary people. He does not mention the claim based on the impeccable moral conduct of prophets. In fact, he stresses that in order to distinguish a true prophet from other people who are close to God, but who have no message to reveal, one should put oneÕs trust only in the occurrence of true prophetic miracles. (shrink)

Pellegrino and Thomasma have proposed a normative medical ethics founded on a conception of the end of medicine detached from any broader notion of the telos of human life. In this essay, I question whether such a narrow teleological account of medicine can be sustained, taking as a starting point Pellegrino and Thomasma’s own contention that the end of medicine projects itself onto the intermediate acts that aim at that end. In order to show how the final end of (...) human life similarly alters intermediate ends, such as the end of medicine, I describe Thomas Aquinas’s concept of pain and explain how his remedies for pain derive from his account of the telos of human life. In turn, this account has implications for the way in which physicians who accept such a telos would manage their patients’ pain. If a comprehensive telos for human life is necessary to make sense of even such a routine aspect of medical care, then medical ethicists may not be able to sidestep questions about the good life for human beings. (shrink)

PHOTO ID 121339257© Designer491| Dreamstime.com ABSTRACT When physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be apparent conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters future physicians’ commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. We use an ethical dilemma that was presented to a group of third-year medical students to examine how ethics education might (...) be causing them to give undue deference to autonomy, thereby undermining their commitment to beneficence. INTRODUCTION The right of patients to choose which treatments they prefer is rooted in today’s social mores and taught as a principle of medical ethics as respect for autonomy. Yet, when physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be a conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters a commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. I. An Ethical Dilemma The impetus for this paper arose when students who were completing their third clinical year discussed a real-life ethical dilemma. A middle-aged man developed a pulmonary hemorrhage while on blood thinners for a recently placed coronary stent. The bleeding was felt to be reversible, but the patient needed immediate intubation or he would die. The cardiologist was told that the patient previously expressed to other physicians that he never wanted to be intubated. However, the cardiologist made the decision to intubate the patient anyway, and the patient eventually recovered.[1] Students were asked if they believed that the cardiologist had acted ethically. Their overwhelming response was, “No, the patient should have been allowed to die.” We looked into how students applied ethical reasoning to conclude that this outcome was ethically preferred. To explore how the third-year clinical experience might have formed the students’ judgment, we presented the same case to students who were just beginning their third year. Their responses were essentially uniform in recommending intubation. While there is likely more than one reasonable view in this case, we agree with the physician and the younger medical students that intubation was the ethically appropriate decision and will present an argument for it. But first, we explain the reasoning behind the more advanced medical students’ decision to choose patient autonomy at the expense of beneficence. II. Medical Ethics Education and the Priority of Autonomy Beauchamp and Childress’s Principles of Biomedical Ethics, first published in 1979 and now in its 8th edition, is a significant part of the formal ethics education in medical school.[2] Students learn an ethical decision-making approach based on respect for four ethical principles: autonomy, beneficence, nonmaleficence, and justice. While Beauchamp and Childress officially afford no prima facie superiority to any principle, the importance of respect for patient autonomy has increased through the editions of their book. For example, early editions of their book opposed the legalization of physician-assisted death compared to recent editions that defended it.[3] As another example, Beauchamp and Childress make paternalism harder to justify by adding an autonomy-protecting condition to the list of conditions for acceptable paternalism.[4] Authority, they contend, need not conflict with autonomy—provided the authority is autonomously chosen.[5] “The main requirement,” they write, “is to respect a particular patient’s or subject’s autonomous choices, whatever they may be.[6] In the principlism of Beauchamp and Childress, autonomy now seems to have a kind of default priority.[7] However, the bioethics discourse has strong counternarratives, noting some movement to elevate the role of beneficence and to respect the input of stakeholders, including the family and the healthcare team. Ethics education achieves particular relevance in the third clinical year when students become embedded in the care of patients and learn from what has been called the informal curriculum. They observe how attending physicians approach day-to-day ethical problems at the patient’s bedside. In this context, students observe the importance of informed consent for serious treatments or invasive procedures, a practice that highlights the principle of patient autonomy. In both the formal and informal curriculum, medical students observe how, in the words of Paul Wolpe, “patient autonomy has become the central and most powerful principle in ethical decision-making in American medicine.”[8] In short, students appear to learn a deference for patient autonomy. This curricular shift in favor of autonomy coincides with legal developments that protect patients’ rights and decision-making with respect to their healthcare choices. The priority of autonomy in medicine benefits patients by reflecting their choices and, in some cases, their fundamental liberty. III. The Practice of Medicine and the Commitment to Beneficence There are many critiques of the dominant place that autonomy has in biomedical ethics,[9] especially considering that autonomy seems to be biased toward individualistic, Western, and somewhat American culture-driven values.[10] In addition, many bioethical dilemmas are cast as a conflict between autonomy and beneficence. Our point is that medical students bring to their study of medicine a commitment to beneficence that seems to be suppressed by practical ethics education. We think this commitment is rationally defensible and should be nurtured. It is striking that young medical students have a pre-reflective commitment to beneficence at all. For, as we mentioned, it is not just medicine but Western culture generally that prioritizes autonomy in settling ethical dilemmas. In wanting to act for the good of others (rather than simply agreeing to what others want), physicians are already swimming somewhat against the cultural tide.[11] However, doing so makes sense, given the nature of medicine and the profession of healing. When prospective medical students are asked why they wish to become physicians, the usual answer is some variation on caring for the sick and preventing disease. It is unlikely that a reason to become a physician is to respect a patient’s autonomy. It would be easy to dismiss medical students’ commitment to beneficence as a mere intuition and contrary to a more reasoned and deliberative approach. Beauchamp and Childress seem to minimize the value of physician intuition, stating that justifications for certain procedures are “…supported by good reasons. They need not rest merely in intuition or feeling.”[12] Henry Richardson writes that “situational or perceptive intuition…leaves the reasons for decision unarticulated.”[13] We think this is a crude and rather thin way of understanding intuition. Some bioethicists have defended intuition as essential to the practice of medicine and not something opposed to reason.[14] In the case we describe, we believe the ethical justifications s for the patient’s intubation are fundamentally sound: the patient did not have a “do not intubate” order written in the chart, the emergency intubation had not been foreseen, so the patient did not have the opportunity to consent to or reject intubation; the patient had consented to the treatment for his cardiac disease so his consent for intubation could have been assumed;[15] and the consequences of respecting his autonomy did not justify allowing him to die.[16] While it is possible to have more than one reasonable view on this case, we think the case for beneficence is strong and certainly should not be dismissed out of hand. We do not deny that if a patient makes a clearly documented, well-informed decision to forgo intubation that this decision ought to be respected by the physician (even if the physician disagrees with the patient’s decision). But, in this situation, as in many others in the practice of medicine, the patient’s real wishes and preferences are not well-articulated in advance. There are many cases where a physician acts based on what she believes the patient, or the surrogate, would want, sometimes in situations that do not allow much time for reflection. An example might be resuscitation of a newborn at the borderline of viability. In their ethics education, beneficence would mean acting first to save a life. If the patient or surrogate makes an informed decision to the contrary, a beneficent physician respects that autonomous decision. In the case presented, the patient expressed gratitude to the cardiologist when extubated. But what if he had expressed anger at the physician for violating his autonomy? There are those who could argue that not only was intubation ethically wrong but that the cardiologist put himself in legal jeopardy by his actions (especially if there had been a written refusal applicable to the specific situation). In the example we use, we point out that the cardiologist may not have escaped a lawsuit if the patient had died without intubation. His family, when hearing the circumstances, may have sued for failure to act and dereliction of the cardiologist’s duty to save him. Beyond a potential legal challenge for either action or inaction, there is an overriding ethical question the cardiologist had to address: what course would be most satisfying to his conscience? Would he rather allow a patient to die for fear of recrimination, or act to save his life, regardless of the personal consequences? In the absence of real knowledge about the patient’s considered wishes, it is most reasonable to err on the side of promoting patient well-being. A physician’s commitment to beneficence is not necessarily a way of undermining a patient’s autonomy. In acting for the patient's good, physicians are also acting on what it is reasonable to believe a patient (or most patients, perhaps) would want, which is obviously connected to what a patient does want. Pellegrino and Thomasma argue that beneficence includes respect for a patient’s autonomy since “the best interests of the patient are intimately linked with their preferences.”[17] Instead of conceptualizing ethical dilemmas in medicine as conflicts between autonomy and beneficence, it is possible that medical schools could teach students that truly practicing beneficence is a way of valuing patient autonomy, especially when the patient’s wishes are not specific to the situation and are not clearly expressed. CONCLUSION It is important for students and practicing physicians to understand the principle of respect for patient autonomy in a pluralistic society that demands personal self-determination. However, the role of the physician as a beneficent healer should not be diminished by this respect for autonomy. Respecting a patient’s autonomy is grounded in and manifested by physician beneficence.[18] That is, seeking what is good for the patient can only be good if it respects their personhood and dignity. We propose that a commitment to beneficence, incipient in young medical students, should be developed over time with their other clinical reasoning skills. Such a commitment need not be sacrificed on the altar of patient autonomy. Beneficence needs greater relative moral weight with students as they proceed in their ethics education. - [1] S. Jauhar, “When Doctors Need to Lie,” New York Times, February 22, 2014, https://www.nytimes.com/2014/02/23/opinion/sunday/when-doctors-need-to-lie.html. [2] T. L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019). [3] Louise A. Mitchell, “Major Changes in Principles of Biomedical Ethics,” The National Catholic Bioethics Quarterly 14, no. 3 (2014): 459–75, https://doi.org/10.5840/ncbq20141438. [4] Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019), 238. [5] Beauchamp and Childress, 103. [6] Beauchamp and Childress, p. 108. [7] For other accounts that prioritize autonomy, see e.g. Allen E. Buchanan and Dan W. Brock, Deciding for Others: The Ethics of Surrogate Decision Making (Cambridge University Press, 1989), 38–39; R Gillon, “Ethics Needs Principles—Four Can Encompass the Rest—and Respect for Autonomy Should Be ‘First among Equals,’” Journal of Medical Ethics 29, no. 5 (October 2003): 307–12, https://doi.org/10.1136/jme.29.5.307. For examples of critiques of these accounts, see footnote 9. [8] P. R. Wolpe, “The Triumph of Autonomy in American Bioethics: A Sociological View,” in Bioethics and Society: Constructing the Ethical Enterprise, p. 43. [9] V. A. Entwistle et al., “Supporting Patient Autonomy: The Importance of Clinician-Patient Relationships,” Journal of General Internal Medicine 25, no. 7 (July 2010): 741–45; C. Foster, Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law, 1st ed. (Oxford ; Hart Publishing, 2009); O. O’Neill, Autonomy and Trust in Bioethics, The Gifford Lectures, University of Edinburgh 2001 (Cambridge, UK: Cambridge University Press, 2002). [10] P. Marshall and B. Koenig, “Accounting for Culture in a Globalized Bioethics,” The Journal of Law, Medicine & Ethics: A Journal of the American Society of Law, Medicine & Ethics 32, no. 2 (2004): 252–66; R. Fan, “Self-Determination vs. Family-Determination: Two Incommensurable Principles of Autonomy,” Bioethics 11, no. 3–4 (1997): 309–22. [11] Arguments stressing the importance of beneficence, as ours does here, certainly approach paternalistic arguments. We set aside the complex issue of paternalism for purposes of this paper and simply note that the principle of beneficence as such does not say anything specifically about acting against the patient’s will. In the case study that focuses this paper, we do not believe the patient’s will or wishes were clearly indicated. [12] Beauchamp and Childress, Principles of Biomedical Ethics, p. 20, see note 2 above. [13] H. S. Richardson, “Specifying, Balancing, and Interpreting Bioethical Principles,” The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 25, no. 3 (January 1, 2000): 285–307, p. 287. [14] H. D. Braude, Intuition in Medicine a Philosophical Defense of Clinical Reasoning (Chicago ; University of Chicago Press, 2012). [15] R. Kukla, “Conscientious Autonomy: Displacing Decisions in Health Care,” The Hastings Center Report 35, no. 2 (2005): 34–44. [16] M. Schermer, The Different Faces of Autonomy: Patient Autonomy in Ethical Theory and Hospital Practice, vol. 13, Library of Ethics and Applied Philosophy (Dordrecht: Springer Netherlands, 2002). [17] E. D. Pellegrino and D. C. Thomasma, For the Patient’s Good - the Restoration of Beneficence in Health Care (New York, NY: Oxford University Press, 1988), p. 29. [18] Pellegrino and Thomasma, For the Patient’s Good. 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In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 8.4 (2001) 295-298 [Access article in PDF] A Dialectical Conception of Autism Giovanni Stanghellini Some Reasons for the Philosophical Turn in the Psychopathology of Schizophrenia There are many ways to become a schizphrenic. Each individual has her own schizophrenia, coherent with her life history, her problems and alternatives deriving from them (Binswanger 1960). What clinical psychiatry calls "schizophrenia" is not a unitary illness but (...) a common final state—a "syndrome" in the etymological sense, that is, a condition to which different psychopathological pathways may lead. Schizophrenic symptoms, like Schneiderian first-rank symptoms (delusions, hallucinations, experiences of passivity), are nothing but a rather uniform type of reaction. First-rank Schneiderian symptoms may be interpreted as attempts to explain disturbing basic experiences of change in self, body, and world perception (Klosterkoetter 1988) or as the epiphenomena of complex interactions between sensory disorders (aberrations in the perception of self, body, and world), conceptualisation disorders (impairments in the constitution of meanings and intentions), and attitudinal disorders (eccentric structure of values and beliefs) (Stanghellini 2000a). Since the schizophrenic syndrome, as defined by current diagnostic manuals, lacks any authentic core phenomena, and so-called schizophrenic symptoms are not specific (Berner and Kufferle 1982), the clinical diagnosis of schizophrenia finally becomes a diagnosis by exclusion (Maj 1998). This conceptual weakness is obviously unacceptable (not only for old dissenters from operational diagnostic criteria) and is kindling a velvet revolution in nosological studies and a renaissance of philosophically oriented psychopathological research (Parnas and Zahavi 2000). Autism: The Loss of Vital Contact with Reality Eugène Minkowski was a forerunner in the field of philosophical psychopathology: "The psychiatrist and the metaphysician become one in their common research concerning what is human and human experience" (Minkowski 1947). Indeed, his doctoral thesis on autism (Minkowski 1926) was dedicated to his teachers, the psychiatrist E. Bleuler and the philosopher H. Bergson, and his conceptualisation of autism is an ideal example of the link between philosophical perspectives and psychopathological research. The term "autism" was introduced by Bleuler (1911) to describe detachment from outer reality and immersion in inner life. Bleuler's concept of autism relied on Freud's (1905) notion of autoerotism and on associationistic psychology. According to Bleuler, autism was a consequence of the [End Page 295] splitting of psychic functions: a defense mechanism serving to avoid conflicts between desires and reality testing, promoting the shift to inner fantasy life and entailing social withdrawal, emotional indifference, inappropriate behaviors, and idiosyncratic values and beliefs.Minkowski, who was influenced by Bergson and phenomenology, departed from Bleuler's conceptualisation and defined autism as "loss of vital contact with reality" (Minkowski 1926, 1927). For Minkowski, autism is not a symptom, but a global phenomenon investing the whole person. Autism is a way of being whose essential feature is a pragmatic deficit: Autistic activity consists in the reduced capacity to interact with the external world. Autistic thought is characterized by its lack of communicative action. The pragmatic deviance of autistic language is a good example: The autistic person is not interested in communicating her inner world to the others; language is not a means of communication which serves mutual understanding, a cooperative process whose aim is interlacing one's own world with that of others. The autistic person's use of language is much like a soliloquy, the monologue of the solitary thinker more focused on ex-pression—the outward portrayal of immanent contents of consciousness—than on dialogue—the exchange of meanings between speaker and listener. Moreover, each meaning is presented in its manifold profiles or adumbrations and the task of selecting the context-relevant meaning is left to the listener.The pragmatic weakening of the autistic person, according to Minkowski, is not simply a social or occupational dysfunction (APA 1994), that is, a renunciation or refusal to act according to social expectations and standards. It involves the loss of vital contact with reality. The meaning Minkowski attributes to the term "vital" is essential for understanding his philosophical approach to defining the schizophrenic condition. Minkowski assumes that contact with reality is vital when it is established through action (and language... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 143-145 [Access article in PDF] Catholic and Buddhist Monastics Focus on Suffering Thomas Ryan Paulist Office for Ecumenical and Interfaith Relations Approximately twenty Benedictine, Trappist, and Camaldolese men and women monastics met from April 13-18 with an equal number of Buddhist monastics at the Trappist Gethsemani monastery in Kentucky for five days of dialogue on the causes of suffering. The encounter, Gethsemani II, was a (...) sequel to a similar 1996 meeting at the monastery made famous by the monk Thomas Merton, a noted twentieth-century contemplative and peace activist who died in 1968. Merton's friendship with the Dalai Lama served as seminal inspiration for these two Buddhist-Christian dialogues. In a ritual at the opening of the Gethsemani II meeting, the participants, joined by a few advisors and observers to the dialogue, hung a wreath of flowers around the cross marking Merton's grave.Each day speakers from both sides initiated a conversation on a particular cause of suffering, such as greed and consumerism, personal and structural violence, sickness and aging. "I do not do well at conferences, and I came prepared to be bored," said John Daido Loori, abbot of the Zen Mountain monastery in Mount Tremper, New York, on day three, "but the level of honesty and depth of sharing in these exchanges has ripped open my heart."It is not possible in this forum to synthesize the penetrating reflections and stories on suffering offered by the participants.What may be even more important is the window offered by this dialogue into the dynamics of interfaith encounter no matter where it takes place.By sharing times of prayer, talk, meals, and rituals appropriate to each tradition, the participants became friends. They came for one thing, to talk about suffering, and in the process found another: an experience of community. They began each conversation with the musical and meditative interlude of a recorder, but the openness and sensitivity of the conversation itself became the real music. They didn't solve a single problem, but they kindled a vital force—friendship—with which to confront problems together in the future. Each brought passion for their own tradition—the gospel on the one hand and the dharma on the other—and each ended by recognizing in the other a powerful resource for healing the world.Evident in this dialogue was the emergence of a Euro-American Buddhist voice, [End Page 143] deeply respectful of the Asian tradition inherited, yet willing to think creatively about possible bridge points of understanding, of comparison, of ways of reformulating set patterns of saying things so as to better get at possible common meanings.One example of this will suffice. Suffering is at the heart of the Buddha's teachings in the Four Noble Truths, the first teachings he gave after his experience of enlightenment. First, all existence is dukkha, unsatisfactory and filled with suffering. Second, dukkha arises from tanha, a craving or clinging, which means a constant effort to find something permanent and stable in a transient world. Third, dukkha can cease totally, and this is Nirvana. Fourth, Nirvana can be reached by following the Eightfold Path described as "right" or samma: right understanding, right directed thought, right speech, right action, right livelihood, right effort, right mindfulness, right concentration. In short, the first three wisdom sayings relate to the existence, the cause, and the cessation of suffering. The fourth offers a clearly laid-out plan for liberation from suffering.The Christian approach could be typified in Pope John Paul II's 1984 Apostolic Letter "On the Meaning of Christian Suffering," which was distributed to all the participants. In reflecting on Jesus nailed to the cross, the pope observes that "in this weakness there is accomplished his lifting up, confirmed by the power of the resurrection. This means that the weaknesses of all human sufferings are capable of being infused with the same power of God manifested in Christ's cross. In such a concept, to suffer means to become particularly susceptible, particularly open, to the working of the salvific powers of God offered... (shrink)

It has become common to distinguish between two kinds of ethical concepts: thick and thin ones. Bernard Williams, who coined the terms, explains that thick concepts such as “coward, lie, brutality, gratitude and so forth” are marked by having greater empirical content than thin ones. They are both action-guiding and world-guided: -/- If a concept of this kind applies, this often provides someone with a reason for action… At the same time, their application is guided by the world. A (...) concept of this sort may be rightly or wrongly applied, and people who have acquired it can agree that it applies or fails to apply to some new situation. -/- Thin concepts are concepts such as good and bad, right and wrong, obligation and duty. Judgments applying thick concepts have been seen as lending support to the possibility of explaining moral knowledge, and objectivity in ethics. It appears that due to their empirical content – their world-guidedness – judgments employing thick concepts can be true or false, depending on whether they get the worldly facts right. In addition they provide reasons for action – they are action-guiding – and thus may provide the starting point of a realist account of practical reasons: the view that reasons are facts and whether or not a person has a reason to act does not (normally) depend on her attitudes. The cruelty of an action is a reason not to perform it or to prevent it; that an action is kind is a reason in its favour. Of course these remarks aren’t conclusive – far from it. But even so, some non-cognitivists may regard them as completely wrongheaded, and so does Bernard Williams even though he is not a non-cognitivist. However, he believes that having a practical reason does depend on a person’s attitudes and motives. A certain worry about thick concepts will make clear what the problem is. It has most expressly been raised by Simon Blackburn, who sees it as undermining even the most superficial plausibility of moral cognitivism, as well as the claim that the properties picked out by thick concepts provide reasons. While we may readily accept that the kindness of an action or the fact that it is required by justice is a reason to perform it, there are many thick concepts whose action-guiding role we would reject. Some derogatory – e.g., racist or sexist - words express thick concepts too, Blackburn notes. And surely there are no racist or sexist truths. Furthermore there are concepts that some people use evaluatively (like chaste or obscene), but many of us do not regard the propositions in which those concepts feature as even prima facie reason giving. In raising these points, Blackburn claims that it is morally objectionable to regard the facts asserted in propositions which employ thick concepts as action-guiding because it leads to “a conservative and ultimately self-serving complacency.” As he sees it, the problem is that if we believe that the correct application of thick concepts yields evaluative truths and that evaluative truths state reasons for actions, we seem to be committed to accepting that some people are, say, fat, derog., and therefore to be ridiculed, and that there is at least a pro tanto reason to lead a chaste life, or feel affection towards cute women. Therefore, the view that all evaluative properties provide reasons for action or for attitudes such as admiration, affection or (dis)approval must be rejected. I will call this worry henceforth Blackburn’s challenge. The challenge is that understanding judgments employing thick concepts as expressing evaluative truths and providing reasons for actions or for attitudes leads to a morally unacceptable view. Blackburn suggests instead that we should separate the conditions for applying thick concepts and the reasons that we have in virtue of the concept applying. She may be cute, yes, but that is not a reason for “admiration and arousal.” -/- …it is morally vital that we proceed by splitting the input from the output in such a case. By refusing to split we fail to open an essential specifically normative dimension of criticism. -/- According to Blackburn, the meaning of thick concepts is made up of two distinct and in principle separable components: a descriptive one and the expression of an attitude. The truth-aptness and cognitive appearance of judgments employing thick concepts is explained by the descriptive component alone. Blackburn writes “[w]e get nothing but detachable and flexible attitudes, coupled with delineations of traits of character or action”. I will call this reply to Blackburn’s challenge the separability thesis. I agree with Blackburn that any account of thick concepts has to face and answer the challenge that he poses. In this paper, I will focus on one reply to the challenge which denies separability, namely Bernard Williams’s. Williams answers Blackburn’s challenge, while holding on to a cognitivist understanding of thick concepts. But his particular brand of cognitivism is peculiar: Williams rejects the separability thesis, and claims that correct applications of thick concepts yield evaluative (and not just descriptive) knowledge. But this is a special kind of knowledge. It is confined to a local community. The members of a community which uses certain thick concepts may have reasons to act accordingly, but the non-members do not. And even the reasons of members remain a little fragile: they may not want to continue using their concepts upon thorough reflection. The local knowledge view allows Williams to answer Blackburn’s challenge, because even though thick concepts are evaluative concepts and their application can yield evaluative knowledge, no one who isn’t a member of the relevant community has reason to be guided by the concept. Complementing a cognitivist view of thick concepts with reasons internalism allows Williams to answer the challenge. My aim in this paper is to show that Williams’s position is, despite its initial attraction, untenable. In particular, I am going to show why the internal reasons view is incompatible with Williams’s own understanding of thick concepts. My modest result is that the internalist view of reasons does not help to answer Blackburn’s challenge. My aim in this paper is not to answer the challenge but, rather, to explore the possibility of developing Williams’s attenuated version of cognitivism, and the possibility of combining it with reasons internalism. (shrink)

Contributors; Preface; Introduction; Part I. Instruments in Experiments: 1. Scientific instruments: models of brass and aids to discovery; 2. Glass works: Newton’s prisms and the uses of experiment; 3. A viol of water or a wedge of glass; Part II. Experiment and Argument: 4. Galileo’s experimental discourse; 5. Fresnel, Poisson and the white spot: the role of successful predictions in the acceptance of scientific theories; 6. The rhetoric of experiment; Part III. Representing and Realising: 7. ’Magnetic curves’ and the magnetic (...) field: experimentation and representation in the history of a theory; 8. Artificial clouds, real particles; 9. Living in the material world; 10. Justification and experimentation; Part IV. The Constituency of Experiment: 11. Extraordinary experiment: electricity and the creation of life in Victorian England; 12. Why did Britain join CERN?; Part V. Hallmarks of Experiment: 13. From Kwajalein to Armageddon? Testing and the social construction of missile accuracy; 14. The epistemology of experiment; Select bibliography; Name index; Subject index. (shrink)

In June 1849 William Thomson wrote to Michael Faraday suggesting that the concept of a uniform magnetic field could be used to predict the motions of small magnetic and diamagnetic bodies. In his letter Thomson showed how Faraday's lines of magnetic force could represent the effect of the ‘conducting power’ for magnetic force of matter in the region of magnets. This was Thomson's extension to magnetism of an analogy between the mathematical descriptions of the distribution of static electricity and of (...) the diffusion of heat through uniform bodies. In 1850 Faraday published his first comprehensive theory of the magnetic properties of matter. He explained the behaviour of matter in the field by four assumptions: that matter has a specific disturbing effect on the normal distribution of lines of magnetic force; that this effect depends on its ability to conduct or transmit the magnetic action; and that material bodies tend to move so as to cause the least possible disturbance of the lines from their normal distribution. Faraday also assumed that diamagnetics transmit magnetic action less well than empty space, while paramagnetics transmit it more readily than space. This implied that space must have a specific conductivity between that of paramagnetic and diamagnetic materials. In order to preserve a distinction between matter and space Faraday defined ‘matter’ as either the source of action or as a conductor which is able to influence the lines of action; space was the absence of such powers. While space could conduct, it differed from matter in that it could neither originale lines of force nor influence their course and distribution. (shrink)

Pellegrino and Thomasma have proposed a normative medical ethics founded on a conception of the end of medicine detached from any broader notion of the telos of human life. In this essay, I question whether such a narrow teleological account of medicine can be sustained, taking as a starting point Pellegrino and Thomasma’s own contention that the end of medicine projects itself onto the intermediate acts that aim at that end. In order to show how the final end of (...) human life similarly alters intermediate ends, such as the end of medicine, I describe Thomas Aquinas’s concept of pain and explain how his remedies for pain derive from his account of the telos of human life. In turn, this account has implications for the way in which physicians who accept such a telos would manage their patients’ pain. If a comprehensive telos for human life is necessary to make sense of even such a routine aspect of medical care, then medical ethicists may not be able to sidestep questions about the good life for human beings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Striving To Do Good:Well-Springs, Realities, and Paradoxes of Medical Humanitarian WorkRenée C. FoxThe voices that speak from the pages of these testimonial narratives are those of physicians who are engaged in medical humanitarian work. The preponderance of them are based in U.S. academic medical centers where they have clinical, teaching, and research responsibilities from which they regularly "commute" to care for patients in what the euphemistic language of (...) "global health" terms "resource-limited," rather than "poor" countries." This "hybrid life," as one of the physicians (Robert Riviello) refers to it, has transported them periodically to numerous African societies (to Algeria, Ethiopia, Gabon, Morocco, Rwanda, Sudan, Tanzania, and Uganda), to Haiti, to India and Nepal, and to Guatemala and Mexico. Three of the "stories" are written by physicians at work in the countries where they were born (Prasanta Tripathy in Eastern India, Sridevi Seetharam and colleagues in Southern India, and Paul Pierre, in Haiti).Only one group of physician-coauthors (Maricruz Merino, Jonathan Iralu, and Sonya Shin) write about their experiences in practicing medicine among poor and socially disadvantaged patients on the American mainland—in the setting of the Navajo Indian reservation in Gallup, New Mexico.All these physicians describe their involvement in humanitarian medicine as emanating from their commitment to "social justice," to "saving lives," and to "caring for the poor"; to their universalistic convictions about "human solidarity," and the non- otherness of others; to their indignation about the inequities and injustices of the world, particularly with regard to access to health care (in the words of Jeffrey Deal, "[They] deserve better. They all do"); and to their "passionate" desire, not just their "sense of duty," to help rectify these wrongs (Richard Keiden). I was struck by the fact that none of them uses the word "suffering" to describe the plight of the persons whom they feel they have been called to medically assist.Three of the physicians express the wellsprings of their motivation in religious terms. Richard Keiden refers to a "guiding principle of Judaism" on which his medical humanitarian work has been founded—"tzedakah"—which "translates as charity but actually means righteousness," is based on a "concept of social justice," and is "an obligation, not a choice." Robert Riveillo says that at the time of his graduation from high school he envisioned his "life's work as a long-term missionary surgeon"; he invokes "loving mercy," as well as justice, "in this work of solidarity" that he has undertaken; and he poignantly admits that "most days I still long to pack my things, my family, and our efforts and move to Africa for a life of direct service." What Jeffrey Deal writes is the most explicitly and ardently religious of all. He identifies his work as a physician in Sudan with Jesus's "desire for us to care [End Page 115] for the poor and downtrodden in His stead." He is haunted by his "failure" to deliver alive a "partially born" baby girl who for him incarnated "the least of the least" of whom Jesus "spoke passionately." And in touching "ever so briefly... [that] one, tiny being [he] encountered... [on ] that hot morning in Sudan," he attests, he "touched Jesus."Jeffrey Deal is not the only one who was so stricken by the death of a baby or a child. For a number of these physicians (Sadath Sayeed, Maneesh Batra, and for Sridevi Seetharam, Lisa Adams and their colleagues), it was a tragedy that they found hard to bear with "detached enlightenment" (Sayeed), or to accept. The most demonstrably heartbroken and morally outraged among them is Sadath Sayeed, who "wept uncontrollably" over the death of a baby boy, born "at home" in Haiti, "probably in one of the hundreds of make-shift tent cities." The baby was not breathing continuously, and was "handed" to him to care for. At the close of the "story " about this experience that he recounts, Sayeed lashes out with fury and angst at those who were likely to ask him, "How was it in Haiti?" Do you want to hear "my real answer?" he replies:... [L]et me summarize my last patient for you: Good luck Dad... (shrink)

BackgroundThis case report discusses an ethical communication dilemma in prehospital patient interaction, involving a patient who was about to board a plane at a busy airport. The article argues that the situation raised dilemmas about communication, patient autonomy and paternalism. Paramedics should be able to find good solutions to these dilemmas, but they have not received much attention in the literature on prehospital ambulance work.Case presentationThe patient had chest pains that were consistent with serious heart disease, but she wanted (...) to catch her plane and was unwilling to let paramedics assess her heart activity by means of an electrocardiogram (ECG). The paramedics had to decide, there and then, whether the patient’s refusal to submit to an ECG should be respected, or whether they should set the patient’s expressed wishes aside by exercising verbal power and persuasive communication techniques. The paramedics chose to do the latter. It later turned out that the patient was grateful that the paramedics had been very direct, almost brutal, in their communication. When the patient regained her autonomy, she saw clearly that taking time to obtain and monitor an ECG was the best option for her.ConclusionLooking forward in time might be a good professional strategy for deciding whether ethical paternalism in communication is justified. If there is good reason to believe that patients who later regain their autonomy will agree that paternalistic verbal actions were in their best interests, and if acting in accordance with patients’ preferences can have severe negative health consequences for them, then paramedics have good reason to believe that ethical paternalism is justified. (shrink)

Ethics is of vital importance to the Swedish educational system, as in many other educational systems around the world.Yet, it is unclear how ethics should be dealt with in school, and prior research and evaluations have found serious problems regarding ethics in education.The field of moral education lacks clear and widely accepted definitions of key concepts, and these ambiguities negatively impact both research and educational practice. This thesis draws a distinction between three approaches to ethics in school – the descriptive (...) ethics approach, the value transmission approach, and the inquiry ethics approach – and studies in what way (if at all) they are prescribed by the national curriculum for the Swedish compulsory school, how they relate to students’ moral reasoning about technology choices and online behaviour, and what pedagogical merits and disadvantages they have. Hopefully, this both contributes to reducing the ambiguities of the field, and to answering the question of how ethics should be dealt with in education. The descriptive ethics approach asserts that school should teach students empirical facts about ethics, such as what views and opinions people have. The value transmission approach holds that school should mediate some set of predefined values to the students and make sure the students come to accept these values.The inquiry ethics approach is the view that school should teach students to reason and think critically about ethics and to engage in ethical inquiry. The role of ethics in the curriculum has not been studied in light of the above distinction, in prior research,and such an investigation is undertaken here.The results suggest that ethics has a prominent, but complicated, role in the Swedish national curriculum. Although no explicit distinction is drawn or acknowledged in the curriculum, all three approaches are prescribed throughout the curriculum, albeit to different degrees. In the general section of the curriculum, the value transmission and inquiry ethics approaches are more extensively prescribed than the descriptive ethics approach. It was found that most of the syllabi contained explicit references to ethics, while some only contained implicit references to ethics, and two syllabi lacked references to ethics altogether. In the syllabi, the inquiry ethics approach is the most dominant, both in the sense of being present in the most syllabi, and in the sense of being more strongly prescribed in many of the syllabi where several approaches occur.The value transmission approach has the weakest role in the syllabi. In total, the inquiry ethics approach is the approach most strongly prescribed by the curriculum. But prior research has shown that inquiry ethics is very rarely implemented in the classroom. In this thesis, it is found that the inquiry ethics and the value transmission approaches are incompatible, given certain reasonable interpretations, which makes the finding that inquiry ethics is rarely implemented less surprising, since value transmission is practiced in schools. Some possible causes, and some consequences, of this is discussed. The students, in their moral reasoning about technology choices, reasoned in accordance with several classical normative theories – including consequentialism, deontological ethics and virtue ethics – and in doing so, they expressed reasoning that in the discussion is found to be in conflict with the values of the value foundation in the curriculum. These findings complement earlier findings, for example that students in their actions contradict the value foundation, by adding that such conflicts also exist in their reasoning. The existence of these conflicts is found to be problematic for a value transmission approach. Many of the students defended very restrictive views on disclosing personal information online, and prior research as well as the present data has shown that adults typically hold views that are very similar to these, concerning how they think that young people ought to act online. On the other hand, youths’ actual online behaviour, as reported in earlier studies, differs considerably from this. In line with this, the students also seemed to endorse a form of private morals view, according to which moral choices are simply up to one’s own taste, which would yield an escape exit from the restrictive views mentioned above, and permit any behaviour. In the discussion, it is argued that this is the result of an attempt at value transmission from the grown-up community, probably including teachers, which might seem to work, since the students claim to hold certain views, but which likely instead constitutes a false security, since these values are not actually accepted, but only paid lip service to, and the adults are therefore wrong in their belief that the students are protected by a certain set of values (that they think the students are upholding), since the students in fact do not uphold, and therefore do not act based upon, these values. This situation risks making the students more vulnerable than had no value transmission attempt been taken in the first place. Hence, the attempted value transmission runs the risk of counteracting its purpose of helping the students acquire a safe online behaviour. Throughout the moral reasoning mentioned above, extensive variations in the students’ reasoning were found, both interpersonally and intrapersonally, both in the decision method and in the rightness criterion dimensions, as well as in between the dimensions.The existence of such variations is a novel finding, and while possible applications in future research are discussed, it is also noted that this existence constitutes a reason to question the successfulness of both the value transmission and the inquiry ethics endeavours of the educational system. The results and discussions described above highlight the importance of investigating the merits of the different approaches. Several arguments that arise from the material of this thesis are presented, evaluated and discussed. The ability of each approach to fulfil some alleged key aims of ethics education is scrutinised; their abilities to educate for good citizenship, to educate for quality of life of the individual, and to facilitate better educational results in other subjects are all investigated, as well as the ability of each approach to help counteract the influence from online extremist propaganda aimed at young people and to promote safe online behaviour in general. It is concluded that the inquiry ethics approach has the strongest support from the material of this thesis. Some consequences for school practice are discussed, and it is concluded that changing the role of ethics in the curriculum would be beneficial, downplaying the role of value transmission and further increasing, and making more explicit and clear, the role of inquiry ethics. It is also shown that there are strong reasons for the inclusion of a new subject in the Swedish compulsory education with special focus on ethics. 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The use of a concept called "explicativity", for (provisionally) accepting a theory or Hypothesis H, has previously been discussed. That previous discussion took into account the prior probability of H, and hence implicitly its theoretical simplicity. We here suggest that a modification of explicativity is required to allow for what may be called the pragmatic simplicity of H, that is, the simplicity of using H in applications as distinct from the simplicity of the description of H.

continent. 2.2 (2012): 155–158 Michel Serres. Biogea . Trans. Randolph Burks. Minneapolis: Univocal Publishing. 2012. 200 pp. | ISBN 9781937561086 | $22.95 Conveying to potential readers the significance of a book puts me at risk of glad handing. It’s not in my interest to laud the undeserving, especially on the pages of this journal. This is not a sales pitch, but rather an affirmation of a necessary work on very troubled terms: human, earth, nature, and the problematic world we made. (...) It is this world that aspirates the silence (so to speak), and therefore the subject which, along with the development of the “made world” exports the excess augmentation of the cosmically missing, this silence of the natural, et cetera. Had we learned from Locke that lesson of “labor,” to consume what we need… but perhaps we need more than what matters? Serres’ Biogea has several functions on this manner, if it is indeed a book to be consumed. First, readers searching for novelistic entertainment have a place to dwell. Biogea deserves a place in your back pocket; biographical generosity and poetic fluidity should satisfy most textual fetishes. For lay philosophers who want to refresh their acumen, Biogea deserves a place on the book shelf, one already reads a sorely needed postmodern tune-up here. Serres’ style is clearly French; he leaves few cheese crumbs on his words, rather preciseness and breathing in the work give way to a sweeping manner that breaks the narrative line of sight. A circular narrative and anachronistic fragmentation of terms allows an abyssal atmosphere to swell, if only to pump into the book the externality of its broader text. Biogea aspires to a higher standard and the book, at times, is thinking this negentropic problem too. Univocal, the publisher, has crafted a book appropriate for the hands to hold and the translations are an achievement of an otherwise difficult writer to translate. Terms are the conditions of a broader text. It is important to note that Serres’ content is as much a thinking of terminal ports. There is a regard for the transportation technology of the written word. For me, this is the mark of genius, a craftiness that tells of a book device that I may trust. Serres is an accomplished thinker and a necessary voice to check the putative trendiness of anti-postmodernist and market-driven theory of endless cultural liquidation. Offering interventions on subjectivity as an open system we are given a chance to affirm the human, not merely to discard it, but to engage its poetic image emotion, the calibratory silent sense of the analogic world; the terms on which we base our efforts. 1 The human is the center of its own negation, constantly mediating it. Something deeper at stake appears in the work then, and it is quite obvious from the onset. Certainly, a book is an intensification of possible text and those who brought this actual book into existence have captured a rarity in regards to the subject matter and artistic accomplishment. I mentioned terms as conditions, so let us understand Biogea as bio-yea, a yes to bios . An affirmation of living and accepting presence for all of its defiance of images, words, and things temporal. Therefore Serres’ existence and its existants plays parts; out of linearity and still like a porous bone pumping blood it manufactures into the fleshy life it becomes. Starting from a man named silence chaos emerges, or the man “Old Taciturn” takes up a journey anticipating a great flood. In other words, a development akin to the one in Genesis. In dealing with this ancestral occupation, fusing Genesis with contemporary philosophical terms, Serres initiates this anachronistic fragmentation under the forming subjectivity of his own autobiography. This mutation in the open system is precisely one of Serres’ terms. There an abyss is at work, stated, but also measured by heels on the ground—the abyss dispatching earthen tensions, that which plays our tunes, that which we abide by and recognize in volcanoes, rivers, oceans, earthquakes and weaponry in the battles of the world. Set in later stages of the book, such tensions are harnessed through scientific principles in an attempt to unify the terms of natural force if only to terminate the world. Thus the elevation of the earth into the world is clearly set forth. Here already, and few pages in, a resonance is set forth under appellations such as the river Garonne, a subjectivity as much as it is inhuman, the river is the inhuman that makes us human. I get the sense that Serres is taking up a challenge issued by Wallace Stevens; namely, that the great poems of heaven and hell have been written, but that only the poem of the earth has resisted composition. 2 On this level we cannot avoid the killing factor of silence, given that our cognition blocks its pure, radical obliteration. Thus a silence of attunement to the earth is in a novel dialectic of the rithmic and rhythm. A technological world, a triumph of termination is set forth. If a text imposes its will given the reader who authorizes it, it is made to convey or convect a presupposition to a reader or its inhabitant(s). Text is therefore both, in-content, contenting, contentedness, and in reading it, a way to navigate self-destruction (dis-content). Here then would one note that the “inhuman” reveals itself, “an aperiodic rhythm of lovers and beloved…the sea as our friend…but as our enemy…maternal vivifying sea.” The sea is an open book, or vaginal birth canal, where the engagement of text comes forth: “…woman sea, open vulva.” One sees like the sea, but only after it, when the uninhabitable truth of inhabiting it switches the polarity of the sailors soul: “I was seeing like the sea” (9-11). In other words, we are invited to embrace the nonsense of the visible. At this point I am taken to Jean-François Lyotard’s work The Inhuman , specifically the first entry on negentropy that would be congruent with Serres’ thematic. 3 The human being exports, deports, or transplants its relation through text, through the system— and this is its sense or relation to silence, to music. Unaware of Serres’ proximity to this work, the concept of gender interrelation as regards a solar catastrophe runs clear. It would be, on this basis, that Serres references his peers, the other texts that, as mentioned above, are discarded in philosophy today. For students of philosophy what we have here is perhaps a gift, a needed project. If silence and death are at work, there is a political valence to deal with, and here, much like the domain of the text and the dominion of the reader, we confront the world of natural, fluid violence. The anti-postmodernist critique is in part based on a weak idea that the loss of ideology, of a world vision, motivates the “correlationist” project. 4 Serres seems to offer another way to view this when he notes that whereas persons “sometimes kill,” it is clearly “the collective” that “always kills” (17). What is the collective today, if not an organizing function we never see yet acts in its favor in the name of truth? One feels a sense of enigma here, if only to link to what Stevens remarked of communism as a “grubby faith,” providing this applies for capitalism as well, namely any ideology of progress overly interested in absolutes. Here we get the sense that the inhuman, silence, this type of killing, always killing, could not be matched by human-made, political dynamos. Or that if it comes to an equilibrium, a catastrophe is never too far from us to read with our heels. We are left to note that the forces of nature presuppose and permeate political systems, the more these systems obtain force, the more the system takes upon itself the proper name of nature that motivates its dissemination, albeit falsely. This note, that in an age of ecocide and technological captivity (sustainability and transparency) political regimes won’t grow our soul-learning ears any larger than our tongues, stands clear to us. The promise of technological desubjectification is here pushed aside. Regarding politics, Serres illustrates this fact: Where did this corpse come from? Who was it? Who killed it? I don’t know. I won’t try to find out. I refuse to get vengeance for it. And I only see Garonne. For our victims, today, are the rivers, too. Their waters have irrigated my life, enchanted my thought, invigorated my body; I’ve known them to be threatening, untamable, as dangerous as the sea when it rages. Yes, murderous. They decided to control their courses; dams, sometimes senseless, destroying sites and valleys, reduced entire populations to servile displacements; programs for the irrigation of thirsty farmland, often beneficial of course, completed their drying up.(22) Serres enters into his idea concerning the captivity of language from the natural into a world system: For thousands of years, we have been licking things with our tongues, covering and daubing them so as to appropriate things for ourselves. If language boils down to a convention, this convention took place between the speakers without consulting the thing named, become as a result the property of those who covered it in this way with their drawn or voiced productions. Malfeasance analyzes these acts of appropriation. Thus every inert object, every living thing as well, sleeps under the covers of signs, a little in the way that, today, a thousand posters shouting messages and ugly riots of color drown, with their filthy flood, the landscapes, or better, exclude them from perception because the meaning, almost nil, of this false language and these base images forms an irresistible source of attraction to our neurons and eyes. This appropriation covers the world’s beauty with ugliness. (38-39) Technological concealment coming to bear, we begin to get a sense of another commentary on the condition of sensing, driving home the necessity of a text dealing with such subject matter to be what its terms insist. Thus toward new openings: The new opening. As low beneath our feet as you like, the Biogea opens us to another space, high enough for us to be able to acquire a wisdom there, that of redeveloping this same place differently from our fathers, this place that’s still politically cut up by old hatreds, beneath the flood of tears and blood that we call history. Without this soft place, spiritually very old, but newly conceived in this way, without the juridical construction of a common good, opposed to our filthy ownership, I don’t see how our planet, hard, will survive. Hardness that depends on a softness, material belonging that depends on this temporary rented location (51). Serres enters into a summit on the content and the structure of his work. Archimedes is brought in with the concept of three volcanoes. Meaning fire, but as well earth, water, air. For it was Archimedes’ war machines that sought to lift the earth, thus bringing in the question of principles of science: “can a principle be invented while controlling its consequences?” (66-7). May the earth be put in a sentence, terminated by terminology, appellations, gone wild? By means of these element-dominating laws, this old physicist began to tear nature away from the ancient myths; by a strange return, today we’re plunging our successes back into the anxieties and terrors from which that ancient physics was born. Yes, our new history of science and technology is plunging, today, as though in a loop, into the fundamental human myths from which Empedocles’ first laws came. A major progression and a regression on the nether side of the origins. Consequently, the contemporary time requires that we try to return to that unity in which the principles of hate and love are at the same time human, living, inert and global. We will never attain a deontology of our knowledge and actions without thinking the subjective, the objective, the collective, and the cognitive all together simultaneously. Here, hate and love are the result of these four components.(71) Working then on the concept of fire-starting mirrors to the atomic annihilation of the Second War, Serres works into the subjectivity in question on the matter of rhythm—say rithmic— precisely at that point: Knowledge is changing today. The all-political is dying; the monarchy of the sciences said to be hard is coming to a close. The science of the things of the world will have to communicate just as much as the things of the world do, which do it much better than humans do, who don’t always want to do it. Let’s celebrate two changes this morning. The first one strikes a new blow to our narcissism. No, knowledge and the world don’t resemble our analytical enjoyments of refined cutting up, of endless debates and of exclusions full of hate. They, on the contrary, form a bloc and a sum, alliance and alloys. Uniting the fields of knowledge among themselves the way the things are connected among themselves, the second newness puts into place sets united by interlacing, webs and simplexes that combine with the things of the world, themselves combined, the combined knowledge that understands them.(130-1) Biogea closes on its opening flood thematic, approaching the initial telos of Genesis. Here the trees are brought into a position with atmosphere, the opaque abyssal reservoir, the tomb of the sun, sea in the polarity of the earthen heaven and hell. The poem of the earth then is silent but deadly, indeed, as funny as that phrase is, mainly a tomb gas. The meaning of the living and the non-meaning of things converge in the muteness of the world; this meaning and non-meaning plunge there and come out, the ultimate eddy. Mundus patet: through a fissure, through an opening, a fault, a cleft come noises, calls as small as these apertures. I’m listening, attentive, I’m translating, I’m advancing in the scaled-down meaning and science. Mundus patet: should the world open greatly, it will launch me into its silence. The totality remains silent. Knowledge expanded in elation. White origin of meaning, fountain of joy. (198) Final Remarks One test of a review is the long term trajectory the referee thinks the book will have. I see Serres’ text lending greatly into the vision of Biogea . In fact, in the vision of the novel inquiries of Stephen Jay Gould’s work there is something to be thought on the level of the individual and the species; namely, that humanity and its uniqueness is in its deferral, its thinking and naming, a thinking surrounded by silence that filters into everything, that pulls us through the world, the kinetic pulse we recognize, and all of that we cleave away in the base philosophical maxim of difference itself. Unique individuals are spatial creatures: we dwell, and we ought to get good at it. Yet this is an imaginative space that, if you are crazy enough to believe it, de-term-ine the conditions of its own terms. That is why we are not merely creating spaces on the acceleration of time, or so this ignoramus thinks, to accidentally transcend. Imagination already has this insatiable silence that we drink up and fail to manifest. Space is timeless. The imagination itself, shared by humans for themselves, their objects, and the species as a whole, is a non-defined space of relation; a whole human trajectory as part of nature, and part of worlds that are the other side of thinking nature, the consequence of it, at least our attempt to do so. Our survival is based on our deliberation, our caution, our natural deconstructive sense toward this silence that is already part of the song, sung, singing of this century without end. Good books will let us inhabit this space and recognize a form of life. Serres’ text moves toward dwelling, as noted, in masterful and accessible ways. The pitched battles are the falling replays of anemic and dead politics. As soon as we realize there is humanity, we may be able to enjoy the end of it, our inhuman capability of listening to silence. NOTES 1. See Michel Serres. The Parasite . Minneapolis: University of Minnesota Press. 2007. 2. Wallace Stevens, “Imagination as Value” [ca. 1945], in Collected Poetry and Prose . New York: The Library of America. 1997. 724-39. 3. Jean-François Lyotard. The Inhuman: Reflections on Time . Trans. Geoffrey Bennington & Rachel Bowlby. Stanford, CA: Stanford University Press. 1992. 4. See the introduction: Quentin Melliassoux. After Finitude: An Essay on the Necessity of Contingency . Trans. Ray Brassier. New York: Continuum. 2008. EDITOR'S NOTE: This review was updated on August 8, 2012. Substantial edits include block quotes from the book under review as well as the inclusion of comments from the author. (shrink)

The essential mission of the church is evangelization (EN 14). She establishes her own schools to accomplish this mission. Evangelization aims at the formation of the whole person. In this complete formation, the religion or faith dimension plays an important role in the development of the other aspects of one’s personality in the measure in which it is integrated into general education. The extent to which the Christian message is transmitted through education depends not only on content and methodology but (...) also on the teacher, usually the lay. The Catholic Schools and the lay educators receive from the Church, through the Bishops, this “mandate” of “an apostolic undertaking”. Religious instruction in the Archdiocese of Cebu rests on the religious congregations spread across the province. The congregations pursue mainly their vision, mission, and thrusts. This study sought to review the Catholic Life Formation (CLF) content and strategies of ten representative schools from the Catholic Church and the Catechism for Filipino Catholics to ensure the inclusion of basic doctrine and Faith essentials, evaluate the qualifications and the teaching performance of teachers CLF or Christian Living and propose a model for Cebu Catholic Life Formation Program Scope and Sequence and a corollary Facilitators Formation Program needed to implement it. CLF curriculum of the 10 schools varied greatly in catechetical focus. Review of curriculum content revealed that the essentials of the Faith lacked in organic and systematic manner of presentation. The 10 schools had variance in elements, systems and sequence of exposition, faith exposure and prayer forms lack in connectivity to Church prescriptions. Thus, a Model Cebu CLF Program Scope and Sequence is proposed for the utilization by the Catholic Schools in the Archdiocese of Cebu. Keywords - Cebu Catholic Life Formation, Archdiocese of Cebu. (shrink)

In Global Health Impact: Extending Access to Essential Medicines, Nicole Hassoun argues that the concept of a minimally good life grounds the human right to health, which in turn implies the human right to access essential medicines in developing countries. This article argues that Hassoun's argument must be revised. If the temporal unit of a minimally good life is identified, her argument faces a substantive problem, which undermines an important part of her argument. This article then proposes a (...) solution to this problem. If this proposed solution is accepted, Hassoun's project turns out to be more radical than her argument is supposed to be. (shrink)

The essay examines the central role that pleasure plays in a wide range of conceptualisations of happiness or ‘good life’, from Epicurean hedonism, to Christian asceticism, to contemporary cases of pastoral and philosophical counselling. Despite the apparent moral chasm between hedonists and ascetics, a look at the practices promoted by Epicurus and the Christian monastic fathers reveals striking similarities. The reason is that, at a fundamental level, both parties agree that one should reject the vulgar pleasures that society glorifies, (...) and develop a refined attitude that seeks the appropriate and natural pleasures, while ignoring the harmful or unnecessary ones. And such an attitude can only be acquired through moral training, either by philosophical instruction and reflection, or by pastoral counselling. We highlight some important parallels regarding the connection between pleasure and happiness, as conceived by Epicureans and monastic fathers of the Eastern Orthodox Church. We begin by discussing elements of Epicureanism that can also be found in its rival philosophical schools and Christianity, mainly the emphasis on forming the right conception of happiness and acting in accordance with it. We then examine the connection between morality and happiness in the Christian Orthodox monasticism. We argue that Christian ascetic ethics not only condone some types of pleasures, but in fact require them as elements of happiness in this life that play an instrumental role for the Christian soteriological dogma. The argument has wider philosophical significance because it shows that pleasure is indeed a fundamental conceptual ingredient of happiness across different normative ethical contexts. (shrink)

Ensuring well-being ahead of positive psychology aims at the treatment of individuals with psychological problems. Positive psychology contributes to the improvement of traumatic processes. But there is more to the field of study of positive psychology than that. In studies in this field, it has become important for individuals to be empowered with their own internal resources and to feel good with their values. The aim of this study is to determine the relationships between the concepts of (...) psychological well-being and consent. The main purpose of the concept of psychological well-being is to support the individual with its own values in a psychologically healthy life. These values strengthen individuals and contribute to mental health by helping regulate people's cognition, emotions and behaviours. Religion is full of values for a happy and peaceful life for the believers. Religious values have the potential to empower people, enhance their cognition, and provide psychological well-being. The concept of consent is contained many meanings such as; Accepting the result after making an effort to get what they want in life, being resilience against negative life events, being hopeful, being satisfied with the life he/she lives, to find inner peace, having good moral qualities and good morals. It has been determined that components such as acceptance of emotions arising from negative experiences, a meaningful life, life satisfaction, psychological resilience related to the concept of psychological well-being are included in the concept of consent among the religious concepts. In this paper, positive psychology and "consent", a religious concept, have been examined and suggested for positive psychology practices for individuals with faith in order to empower them with their own values. (shrink)

Kids in the Middle: The Micro-Politics of Special Education takes the reader on a fascinating journey through special education in the past, present, and future. On this journey, the micro-politics of special education are seen through the eyes and experiences of children with disabilities, their parents and advocates, adult educators, and school administrators. Supplementing these perspectives to develop an understanding of special education that goes beyond its administrative and political aspects, such as the Individuals with Disabilities Education Act (...) , are scholars with expertise in special education law, administration, severe and profound disabilities, ethics, finance, teaching, and disability rights. Together, these voices explain the micro-political issues that affect how children with disabilities are educated. Kids in the Middle promotes a new model of special education to help transform special education. Instead of perpetuating a system grounded in the concepts of promises, privilege, and power, this book considers how to build a system based on caring, compassion, and the common good, a system that will elevate the status of special education children who are lost in the middle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 445-446 [Access article in PDF] G. Felicitas Munzel. Kant's Conception of Moral Character: The "Critical" Link of Morality, Anthropology, and Reflective Judgment. Chicago: University of Chicago Press, 1999. Pp. xxii + 378. Cloth, $53.00. Paper, $24.00. Given the recent trend in Kant scholarship to seek a kinder, more caring philosopher behind the familiar rules and imperatives, a study focusing on (...) the place of "character" in Kant's thought is a timely contribution to a growing body of work. Indeed, G. Felicitas Munzel intends to go where no Kantian has gone before and show not only that Kant has a conception of character, but that it is "rich" (1) and "unique in the history of philosophy" (5). Considering his "corpus as a whole" (6), she sets out to demonstrate the "systematic importance" of the concept for Kant's thought (1) and reveal "a richer sense of familiar notions of his moral philosophy than is generally appreciated" (11).From the outset, however, high hopes prove hard to sustain. In Chapter 1, Munzel's exegetical efforts to link "character" with Denkungsart ("conduct of thought") and Gesinnung ("comportment of mind"), either delineate only familiar elements of Kant's thought or attribute to him views which philosopher and non-philosopher alike could hardly deny: in Kant's "rich" conception, character involves clear thinking and perfection, and is an "accomplished state" (67) presupposing sound reasoning and the capacity to think. In what becomes the dominant theme of the study, Munzel concludes that, for Kant, character is an activity in which the objective moral law is realized in subjects acting on maxims and from firm principles.In Chapter 2 the reader is subsequently led across a familiar terrain of causality, desire, and feeling, to learn that Kant is disinclined to inclination, but very much inclined to reason (71-2); and that character has a foot in both the empirical and intelligible orders of causality (74). The same goes for desire (95ff.) and aesthetic capacity (126ff.), where the "moral form" of character represents the union of reason and nature. A [End Page 445] similar story continues in Chapter 3 where Munzel considers Kant's view of religion and hopes to cast "new light" (142) upon and foster "fresh appreciation" (182) for "radical evil." Again, the reader spots comforting landmarks along the way and emerges into a world unchanged: for Kant, Munzel concludes, human conflict is a manifestation of evil with its roots in human nature; virtue involves progress or advance; and a well-established character brings inner and outer peace to human life (134-6).In the remainder of the book Munzel turns to the "structure and cultivation of character." Chapter 4 focuses on orientation, reflective principles, conscience, and discourse where, rambling through the Kantian landscape, one learns that common sense is a source of principles (198ff); maxims should be steadfastly adopted (208-9); and that morally upright persons should know their duty (210), tell the truth (246), and develop their capacities to the full (249). By this stage, that "character must be made subjectively rational" (252) has become a mantra, but lest the point remain unclear, Munzel expounds a metaphor (from Mendelssohn's Morgenstunden) of a traveler on life's journey, in order to emphasize that moral character involves being rational, competent, and accountable for one's actions (191ff.).In the final chapter, pedagogy becomes the main focus. It is a practice, Munzel contends, which determines the conditions under which character is formed (260). Mixed in the appropriate fashion, its elements combine to make "cultivation of moral judgment" the "essence of moral character" (259). Again, Munzel connects character to well-known Kantian doctrines, linking pedagogy to self-mastery (292) and a community of civic-minded citizens (258) in which the good of one promotes the well-being of all (288). In the world according to Kant, reason "grafts" virtue onto the stuff of nature to create an organic unity as—in Munzel's favorite metaphor (see 335-45... (shrink)

William of Ockham on the right to Use Goods Quintessentially medieval—an almost word-for-word refutation of an already prolix defense of several improbationes of earlier papal decrees—its greatest claim to fame has usually been its length, not the content of Ockham's argument. Annabel Brett, for example, concluded in a remarkable study that William of Ockham had failed to adequately answer Pope John XXII's criticism of the Michaelist interpretation of Franciscan poverty. Specifically, she argued that he "failed to isolate a potestas licita (...) which would be a power to perform acts which are licit in the sense of consonant with right reason, but are not strictly just." One could imagine the pope making the very same claim, but this would be to misunderstand Ockham's point. It is true that Ockham probably had little chance of convincing the pope of the coherence of his position. But this is not to say that his position was untenable.A common criticism of Ockham's theory of poverty is that he was, more or less, fighting on John XXII's own terms, which generally also leads to the conclusion that Ockham's theory is deficient in some respect. But if Ockham can be accused of fighting on the pope's ground because he responded to Quia vir reprobus point-by-point, then the pope can equally be accused of fighting on Michaelist ground because he was doing essentially the same thing. Alternatively, this claim might be interpreted as meaning that Ockham accepted as axiomatic certain claims of John XXII and then proceeded to construct an alternate theory to that of the pope's; consequently, this argument would continue, because Ockham could not get past certain foundational statements he was unable to properly address in the pope's claims. It is a corollary of the argument presented here that this was not the case.One of the paradoxes of the Franciscan modus vivendi was that, although their goal was to disengage from the civil order as far as all property relationships went, and despite the fact that Francis strongly commanded all brothers "through obedience" not to ask letters of the Roman curia, it quickly became necessary to have recourse to the papacy for all sorts of things. It is easy to see how this paradoxical relationship with the papacy could lead to trouble for the order, and indeed it was in the course of one of these appeals that the "Franciscan crisis under John XXII" might be said to have begun. The story, recounted by a Minorite who leaves no doubt as to his partisanship, is that when a Franciscan, Berengar Talon , defended a Beguin's view that Christ and his disciples possessed nothing, "either individually or in common, by right of ownership and lordship" against the Dominican inquisitor Jean de Beaune, the latter accused Berengar, too, of heresy. Not surprisingly, given the historical success of this method, Berengar appealed to the pope. As David Burr has said, "John reacted vigorously and, one suspects, enthusiastically." This time around, however, the pope was not so certain that the Franciscan position was the correct one. This appeal served as a pretext for re-opening the poverty "question," even if the ultimate motive for this move remain enigmatic.1 John XXII's Position on UseIf we must continue to guess at what prompted John to broaden his attack, one point jumps out from the first version of Ad conditorem canonum: of the three traditional monastic vows, poverty was the least important. The pope, probably following Hervaeus Natalis, was equally convinced that "the perfection of the Christian life consists principally and essentially in charity," and that.. (shrink)

Gerontologists have proposed different concepts for ageing well such as ‘successful ageing’, ‘active ageing’, and ‘healthy ageing’. These conceptions are primarily focused on maintaining health and preventing disease. But they also raise the questions: what is a good life in old age and how can it be achieved? While medical in origin, these concepts and strategies for ageing well also contain ethical advice for individuals and societies on how to act regarding ageing and old age. This connection between gerontology (...) and ethics is overlooked by both schools of thought. We thus develop this research programme for a systematic geroethics in four steps. First, we analyze ‘successful ageing’ as put forward by Rowe and Kahn as a paradigmatic example of a gerontological conception of ageing well. Then, in a second step, we move from criticisms within gerontology to an ethical perspective; in particular, we want to clarify the problem of the claim of universal validity of conceptions of the good life. In a third constructive step, we explain how the ‘capabilities approach’ could be applied in this context as a normative foundation for the implicit normative assumptions of gerontological conceptions of ageing well, such as a particular choice of functionings, the ethical relevance of human agency, and the resulting claims of individuals towards society. Finally, using a concept developed by the German philosopher Ursula Wolf, we systematically develop the different aspects of the connection between ageing well and the theory of the good life in their full complexity and show their interconnectedness. (shrink)

Abstract:The examination of racist, normalized ideology within American education is not new. Theoretical and practical conceptions of social justice in education have attempted to attend to educational inequality. Oftentimes, these attempts have reinstated the status quo because they were framed within the same Eurocentric paradigm. To address this, Django Paris proposed culturally sustaining pedagogy as a means of empowering minoritized students by sustaining the cultural competence of their communities and dismantling coloniality within educational practices. He, Michael Domínguez, and others (...) argue that epistemic expansion is imperative for equitizing educational spaces and closing the ontological distance between teachers and students. Drawing from their work as well as scholarship from the fields of educational policy, urban education, Afrocentrism, and Indigenous studies, this paper seeks to expand the discussion about culturally relevant and responsive music education to account for students’ musical epistemologies and the ways in which “epistemic travel” might inform normalized musical practices. (shrink)

In this paper, I explore German playwright Bertolt Brecht’s conception of the art of acting, and his views on the new actor’s conduct towards their craft, as a pedagogical model for Brechts’ broader view on how we should live our lives. Drawing on his key writings – most importantly, his famous street scene essay – I will show that Brecht’s conception of the theory-practice connection in his approach to actor training/acting bears some deeper insight into (...) Brecht’s conception of the art of living a flourishing life. The new actor is called to develop a conduct of careful observation and imitation of human action, one that is marked by the pleasure and lightness of exploring the contradictory workings of the social world. By placing the actor’s craft at the heart of his educational philosophy, Brecht invites us (the audience) into the theatre as a pedagogical space. Here, not unlike Brecht’s actors, we are summoned to hone our ability to boldly engage with a complex world of human actions and ideas. Brecht maintains that there resides an intellectual as well as sensual delight in being challenged to not simply accept theatre’s presentations as ‘truth’; instead, we are to learn to ‘weigh up’, ‘test’, and ‘improvise’ joyfully with theatre’s proposed ideas and practices—so that we may find out if they serve, or hinder, the creation of a larger flourishing life (beyond the theatre): a life in which we can move together, pleasurably. (shrink)

The aim of Language for those who have Nothing is to think psychiatry through the writings of Mikhail Bakhtin. Using the concepts of Dialogism and Polyphony, the Carnival and the Chronotope, a novel means of navigating the clinical landscape is developed. Bakhtin offers language as a social phenomenon and one that is fully embodied. Utterances are shown to be alive and enfleshed and their meanings realised in the context of given social dimensions. The organisation of this book corresponds with (...) carnival practices of taking the high down to the low before replenishing its meaning anew. Thus early discussions of official language and the chronotope become exposed to descending levels of analysis and emphasis. Patients and practitioners are shown to occupy an entirely different spatio-temporal topography. These chronotopes have powerful borders and it is necessary to use the Carnival powers of cunning and deception in order to enter and to leave them. The book provides an overview of practitioners who have attempted such transgression and the author records his own unnerving experience as a pseudopatient. By exploring the context of psychiatry's unofficial voices: its terminology, jokes, parodies, and everyday narratives, the clinical landscape is shown to rely heavily on unofficial dialogues in order to safeguard an official identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"To make a difference...":Narrative Desire in Global MedicineByron J. Good and Mary-Jo DelVecchio GoodIf, as Arthur Frank (2002) writes, "moral life, for better and worse, takes place in storytelling," this collection of narratives written by physicians working in field settings in global medicine gives us a glimpse of some aspects of moral experience, practice, and dilemmas in settings of poverty and low health care resources. These essays are (...) written from the midst of practice, in diverse settings in Africa, South Asia, Latin America, the Caribbean, and the United States. The majority of the writers are practitioners of contemporary 'global medicine'—physicians from North America or Europe who spend part of their lives flying into settings of poverty or special need to practice medicine and work with on-going collaborative clinical and public health systems—while a smaller number are working in the societies in which they were born. Although a few work for classic humanitarian organizations or have developed their own local NGO's, the great majority are engaged in the 'hybrid life' described by Robert Riviello and noted by Renée Fox, moving between academic medical centers and distant health care systems that are supported by local governments, major international organizations and funding agencies, and international NGO's like Partners in Health. These diverse forms of practice have become a common model for contemporary clinicians engaged in what has emerged as a new discipline of global health or global medicine, and these narratives give us a glimpse of some of the enduring, as well as newly emerging, forms of moral practice and ethical dilemmas characteristic of today's global medicine.Many of these stories are filled with the tension and pathos that makes clinical narratives powerful to read. Physicians are forced to make unfathomable decisions about whether to resuscitate and keep a baby alive, using all means available, or to let the infant die, whether to carry out a procedure that will save an infant in birth but would put the mother at risk, about how to deal with a cancer found in a very advanced state. However, virtually all of the stories transcend these classical stories of the decisions physicians are forced to make by being placed in settings of great scarcity of resources, which stand in particular contrast to the academic medical settings in North America or Europe where many of these global medicine specialists have trained and many continue to practice. The unspeakable inequality of resources emerges throughout these narratives as a kind of master theme, as the underlying moral, as opposed to plot, which gives meaning and sense to the stories. For those who practice medicine in such settings, global inequalities and scarcity of medical resources are deeply felt. They produce the rage that Jeffrey Deal describes. ("I learned to despise American churches during that time, a time when my world encompassed a dying newborn in Sudan, as well as the air conditioned padded seats [End Page 121] of our affluent suburban church.") They produce the distinctive experiences of helplessness and pain felt by clinicians who cannot separate how they would be able to treat such a patient at home from how they have to practice in these settings. For those clinicians working in their own societies, scarcity of resources often produces deep anger at the corrupt governments that fail to support basic human services for the great majority of their population. ("We were temporary actors performing in the cynical play of scarcity on permanent display in Port-au-Prince," writes Haitian physician Paul Pierre about his experience prior to joining Partners in Health.)But for those who regularly travel back and forth across the divide between rich and poor, whether across national boundaries or within their own society, the challenge to live a moral life is unendingly complicated. While becoming a part of a struggle for global justice with colleagues and advocates from both sides of the divide, few of the narrators can avoid personal feelings of ambivalence and guilt at being able to easily move from one side of that divide to the other back home. Many fantasize about giving up their lives in the north to devote themselves... (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)