“Imagine A rather short-sighted person told to read an inscription in small letters from some way off….' So begins the quest for “the real nature of justice and injustice” undertaken in response to the challenge of Glaucon and Adeimantus to show that “justice pays”. It is often alleged that the search leads through analogy to a monster “organic” state that lives by devouring individual rights. I believe that these charges are mistaken. Plato's political theory does not derive (...) from an analogy which makes the state a monster individual with interests superior to and independent of those of ordinary citizens; it derives rather from a doctrine of objective interests discernible by those with special training and ability, interests which later thinkers have taken to be the object of a “real will”, unerring even where a person's mere empirical desires are shortsightedly misdirected. Plato identifies the interests of his ideal state with the objective interests of its citizens , and in his harmonious world, metaphysics, moral psychology, and political organization combine to ensure that those interests need never override individual mundane interests for they never conflict: they coincide. That the whole theory is dubious should not prevent us from seeing that just what the theory is may be clarified by examining the arguments which putatively lead to it, and that those arguments provide grounds for not confounding Plato's theory with others which may reach similar conclusions about political organization and obligation. (shrink)

My interpretation of the argument, then, fully generalized, is this:To do one's own is to act in such a way as to aim for each having his own.For each to have his own is justice(h) and to act in such a way as to aim for justice(h) is justice(d).Therefore, the having of one's own is justice(h) and the doing of one's own is justice(d).The advantage of this view is that it, unlike that of Vlastos, does (...) not need to supply problematic premisses, such as (S2), in order to render Plato's argument valid. Moreover, I have argued that there is good reason to suppose that a proper reading of Plato's first premiss contains a notion that Vlastos' interpretation had to supply in an additional premiss (S1). One aspect of what I have argued is the correct understanding of Plato's argument does need to be supplied, however, namely, that for one to do one's own one must accomplish one's beneficent aims. Although it is true that Plato only talks of the rulers' aims in the law courts, I think there is good reason to supply the accomplishment condition, for without it, Plato leaves open two possibilities that would embarass his view. First, without this added condition, we could have a case where A did his own with reference to B and C, yet B and C did not have their own as a result of A 's action. Secondly, there could be a case where A did his own, and B and C had their own as a result of A's doing something, yet B and C would not have their own as a result of A's doing his own with reference to B and C.The reason Plato does not consider these problems, I think, is because he would not have considered cases in which his rulers had beneficent aims, but were ineffective in achieving them purposefully. The guarantee of justice in Plato's just state is that it would be administrated by rulers who are both utterly beneficent and utterly efficient. Under these conditions, all will have their own, for all will do their own. This implication, I have argued, is all we need to protect Plato's utopian state from the potential for πλεoνεξία, and it is all we need to provide a valid reading of the argument from 433E6–434A1. (shrink)

In C.Q. N.S. vii , 164 ff. Professor Demos raises the question in what sense, if at all, the state which Plato describes in the Republic can be regarded as ideal, if the warrior-class and the masses are ‘deprived of reason’ and therefore imperfect. The ideal state, he thinks, appears at first sight to be composed of un-ideal individuals. But ‘the problem is resolved by separating the personal from the political-technical areas of control. In so far (...) as they are citizens, men in the ideal city will indeed represent one part of the soul and one function.…. (shrink)

In C.Q. N.S. vii, 164 ff. Professor Demos raises the question in what sense, if at all, the state which Plato describes in the Republic can be regarded as ideal, if the warrior-class and the masses are ‘deprived of reason’ and therefore imperfect. The ideal state, he thinks, appears at first sight to be composed of un-ideal individuals. But ‘the problem is resolved by separating the personal from the political-technical areas of control. In so far as (...) they are citizens, men in the ideal city will indeed represent one part of the soul and one function.…. (shrink)

Extremism about Demands is the view that morality is significantly more demanding than prevailing common-sense morality acknowledges. This view is not widely held, despite the powerful advocacy on its behalf by philosophers such as Peter Singer, Shelly Kagan, Peter Unger, and G.A. Cohen. Most philosophers have remained attracted to some version of Moderation about Demands, which holds that the behavior of typical well-off people is permissible, including the ways that such people tend to employ their economic and other resources. It (...) is difficult to resist the conclusion that proponents of Extremism have not taken sufficiently seriously the central convictions that motivate the Moderate view. -/- This dissertation offers an improved defense of Extremism about Demands. At its center is an argument that appeals dialectically to requirements of justice that Moderates themselves already implicitly accept. Specifically, I claim that any plausible set of Moderate moral principles will, when applied to a world like ours, yield demands on typical well-off people that far exceed the demands of common-sense morality. -/- My argument has two cruxes. The first is the idea that our concern for justice is at least partially grounded in a concern for individuals’ interests, broadly construed. The other is a principle that I call Injustice entails Obligations, which says that we are collectively subject to requirements of justice that, if fully complied with, would ensure the transition from current injustice to a just state of affairs. Any view that is compatible with both the interest-based view of (part of) our concern for justice and Injustice entails Obligations will, I argue, require sacrifices from typical well-off people that substantially exceed what prevailing common-sense morality requires of them. -/- Moderates typically emphasize the idea that each person has an important interest in pursuing the projects, plans, relationships, and commitments that are most important to her. But they also believe that acceptable Moderate principles will properly balance this idea with the idea that from a properly impartial perspective everyone, and everyone's interests, are equally morally important. Because Moderates accept the latter idea, they are already committed to thinking that in a just world, everyone would have a sufficient minimum share of society’s resources. I argue that even if we limit our focus to distributive justice in a single society such as the United States, and even if we assume that distributive justice requires only a sufficient minimum, the extent to which the status quo must be transformed in order for justice to be achieved is still too great to be compatible with Moderate demands on typical well-off people. -/- There are a number of ways to try to argue that Moderate principles and Injustice entails Obligations are compatible with Moderation about Demands. For instance, it might be argued that all or nearly all of the demands to sacrifice in order to promote justice can be assigned to the super-rich, rather than to typical well-off people. Or it might be argued that the sacrifices of a single well-off person cannot be required because they amount to a mere “drop in the bucket” relative to what needs to be done in order to fully achieve justice. I show that such arguments fail. -/- The argument that I consider in greatest detail derives from John Rawls’s view that the principles of justice apply to the institutions of the “basic structure of society,” and do not apply directly to the conduct of individuals. If this “Institutionalism” is right, then it cannot be the case that individuals are obligated to promote justice directly in the way that I suggest they are. Furthermore, it might seem that a view that assigns all of the burdens of promoting justice to the basic structure satisfies the imperative to transition from injustice to justice, since if the relevant institutions were to begin doing everything that the Rawlsian view says they ought to be doing, the requirements of justice would be met. I argue, however, that there is no understanding of Institutionalism on which it is itself consistent with the following desiderata: Moderate principles, and the associated interest-based view of (part of) the ground of our concern for justice; Injustice entails Obligations; and Moderate demands. So, Institutionalism cannot make Moderate principles and Injustice entails Obligations compatible with Moderate demands. -/- Moderate principles and Injustice entails Obligations, then, remain incompatible with Moderation about Demands. Since there are compelling reasons to accept both Moderate principles and In justice entails Obligations, I conclude that we must reject Moderation about Demands. The obligations that justice places on typical well-off people are substantially more extensive than is acknowledged by prevailing common-sense morality. (shrink)

According to the ethical system of eudaimonism, a philosophy that predates Aristotle, individuals have a responsibility to recognize and live in accordance with their daimon or "true self." The daimon refers to the potentialities of each person, the realization of which represents the greatest fulfillment in living of which each is capable. The daimon is an ideal in the sense of being an excellence, a perfection toward which one strives and, hence, it can give meaning and direction to one's (...) life. Eudaimonia, then, is activity in accordance with one's daimon. This is what is considered worth having in life. Since Aristotle in the Nicomachean Ethics is concerned with the proper ends of human functioning, he rejects the view of eudaimonia as a subjective state equivalent to, or similar to, hedonic enjoyment. But if psychologists are to be able to make productive use of the Aristotle's conception of eudaimonia, it must be rendered in a form more congenial to the field. In pursuing this goal, I have found it necessary to take several significant departures from the Aristotelian perspective, while I have endeavored to remain true to Aristotle's ethical objectives. The most important of these departures is to consider eudaimonia to have a subjective component embodying the experiences that flow from efforts to live in truth to one's daimon by striving to develop one's aptitudes and talents for purposes deemed worth having in life. 2012 APA, all rights reserved). (shrink)

Plato's most magisterial dialogue, the Republic, takes up the question "what is justice," and its central image is an imaginary city constructed in speech designed to aid in this inquiry. In Book V of the Republic, Socrates tells his interlocutors that they have completed the "Male Drama," of the city in speech and that it is now time for them to take up the "Female." The "Female Drama" is Socrates name for the action of the central books of (...) the Republic: V-VII. Much has been made of what this transition in the Republic signifies for political questions. The Republic is not only concerned with politics or political justice, however. Like all of the images and arguments in the Republic, the Female Drama of the city in speech has meaning both for political and individual justice, but there has been no systematic inquiry into the central books of the Republic for their meaning for individual justice. That is the ambition of this book. On the level of moral psychology, Thomas argues that while the Male Drama of Books II-IV presents images of fully formed versions of the psychological activities that come together to define justice in a human life, the Female Drama explores the modes of potentiality and becoming necessary for those psychological activities to come into being. More specifically, Books V-VII explore the three modes of potentiality necessary for the development of justice: genesis, trophe, and paideia. (shrink)

The aim of this article is to contribute to the formulation of a non-excluding concept of solidarity which is of relevance to contemporary society. The assumption is that in the present individualized and culturally diverse society there is an urgent need for a new form of solidarity to create social cohesion. The central theme is that contemporary solidarity is about recognition and a fair distribution of chances for recognition. This ideal may function as a normative standard for critical research (...) and as a guideline for people in their moral struggles. What ultimately needs to be done is not a purely theoretical question but something which must be settled by a judgement that constitutes a battlefield where conflicting values and perceptions of reality confront each other. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Matthew S. Santirocco JUSTICE IN SOPHOCLES' ANTIGONE Sophocles' Antigone is most often apprehended in terms of conflicts, an approach which the play does indeed invite. The personal clash of Antigone and Creon generates conflicts on many different levels— political (individual or family vs. state, aristocracy vs. democracy), theological (gods vs. men), philosophical (nature vs. law or convention), sexual (woman vs. man), even chronological (young vs. old). However, (...) insofar as no list can ever be so inclusive as the play itself, all such discussions tend by their very nature to be reductionist. And even if a balanced critique were possible at this level, a tragedy is not the sum of abstract conflicts; it is theatre, people in action. Furthermore, the conflict approach encourages us to ask the wrong questions. Although conflict need not imply resolution, critics persist in searching for it. Yet there is no resolution in the Antigone except by death. Similarly, such an approach invites us to ask who is right, Antigone or Creon. But in a very real sense this question misses Sophocles' point. Relevant, perhaps, to versions by Anouilh and Brecht, the question misleads when applied to the ancient play. It is interesting that we oversimplify, for Sophocles' sympathies are more expansive and complex than these modern interpretations of his myth. For all these reasons a valid alternative approach to the play may be to consider it not in terms of the conflicts incarnated in the personalities but rather in terms of one theme in the context of which all the conflicts are played out. The precise issue here, as so often in Greek tragedy, is a philosophical one. As the religious thought of an earlier era was yielding to judicial and political thought, and as older heroic ideals were being supplanted by a rationalistic view of man, tragedy's function in fifth-century Athens was, in part at least, to expose and explore these cultural displacements, either by affirming traditional values and concepts or else by questioning their continued validity. One such concept, perhaps the most recurrent in tragedy, 180 Matthew S. Santirocco181 is justice, dike. Originally a term used to refer to things as they are, dike came also to acquire a normative sense, things as they ought to be. At different times and in different contexts the word can signify custom or usage, law-enforcing authority, penalty, and ofcourse "justice" as a higher standard. Its precise semantic range is wide and fluctuating. Thus tragedy becomes, in a sense, a matter of vocabulary. In the Antigone the characters appeal to justice, but each defines it differently, so that the conflict is not so much between justice and injustice as between one sort of justice and another. The Oresteia of Aeschylus had earlier celebrated the transition from vendetta justice to courtroom justice. The Antigone, however, focuses not so much on the changes in dike as on a question these changes raise, namely the very possibility of dike. The establishment of the law court brought Aeschylus' trilogy to a resolved ending. Sophocles' vision in the Antigone is much more austere. Although he acknowledges the existence of an ideal of justice, he exposes the tensions and ambiguities inherent in it and thereby questions whether that ideal can ever be realized in the lives of men. II A key text concerning justice is contained in one of the choral odes. But can it be trusted? The tragic chorus is not, after all, the mouthpiece of the poet as was the comic chorus in Aristophanes' parabaseis. Nor is it always or necessarily the mouthpiece of the audience, SchlegeFs "ideal spectator." In the Antigone, as elsewhere, the chorus simply constitutes a panel of the population (here, of Thebes) and its perspective on the action is, if not omniscient, not particularly partisan either. Gordon Kirkwood has demonstrated the many dramatic functions of the Sophoclean chorus, including its ambiguities. In the Antigone no fewer than three odes are ambiguous, leaving in doubt the identity of the one who has disturbed order and right (332-75), who has violated the will of heaven (582-625), and whose mind has been perverted by love (781-816). Although the chorus may not be aware of the... (shrink)

What is the proper role of politics in higher education? Many policies and reforms in the academy, from affirmative action and a multicultural curriculum to racial and sexual harassment codes and movements to change pedagogical styles, seek justice for oppressed groups in society. They understand justice to require a comprehensive equality of membership: individuals belonging to different groups should have equal access to educational opportunities; their interests and cultures should be taken equally seriously as worthy subjects of (...) study, their persons treated with equal respect and concern in communicative interaction. Conservative critics of these egalitarian movements represent them as dangerous political meddling into the disinterested pursuit of knowledge. They cast the pursuit of equality as a threat to freedom of speech and academic standards. In response, some radical advocates of such programs agree that the quest for equality clashes with free speech, but view this as an argument for sacrificing freedom of speech. (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative (...) policy ideals. I review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

At the beginning of Book II of the Republic, Glaucon and Adeimantus ask Socrates to tell them what it is to be just or unjust, and why a man should be the former. Socrates suggests in reply that they consider first what it is for a polis to be just or unjust—a polis is bigger than an individual, he says, so its justice should be more readily visible. Now if we were to view in imagination a (...) polis coming into existence, he goes on, we should see also its justice and injustice coming into existence, and this might help us to discover what these qualities are. (shrink)

In the last years of its history, the Ukrainian ethnic group faced numerous external and internal challenges, which, to a large extent, were the result of its previous genesis and profound transformations in public consciousness. At the same time, one of the central stereotypes of the domestic political and legal mentality is the idea of truth and justice as a basic social ideal and the basis of the legal order. Analysis of research and publications. The problem of mentality (...) and the formation of behavioral stereotypes has been of interest to domestic and foreign scientists for a long time. The concept of «mentality» is most widespread in the writings of the French historical school «Annals». The scientific work of M. Blok, F. Braudel, M. Vovel, J. Le Hoff, J. Lefebvre, L. Fevre, R. Mandr and other scientists reveals the content of mentality and its structures, as well as the peculiarities of their influence on everyday life and activities of individuals who lived in different historical eras. The purpose and objectives of the article. In this article, the authors aim to analyze the idea of truth-justice as a tool for transforming the legal mentality of the Ukrainian ethnic group and to show its influence on the content of its behavioral stereotypes. Research methodology. The methodology of this research has a complex nature and is based on a socio-philosophical and philosophical-legal analysis of the behavioral guidelines of Ukrainians in the field of legal understanding. The results. The social ideology, developed on the basis of ancient social ideas and stereotypes of the national legal mentality, should become a tool for correcting such destructive phenomena in the state-building discourse as legal nihilism, anarchism, civic passivity, corruption, nepotism, etc. At the same time, the concepts of truth-justice, will-freedom and fraternity-equality are key in Ukrainian legal culture. Discussion. The interpretation of this idea in scientific opinion is not unambiguous. This idea clearly manifests itself in the context of the opposition between Truth and Evil in the national culture. Truth is inseparable from human existence and daily activities. The idea of truth is closely related to the idea of justice, which, according to many researchers, is a later, more rational and clearly defined phenomenon derived from truth. Justice as a socio-philosophical phenomenon is intended to act as a kind of moral measure of relations between individuals in society. It is considered as an authoritative criterion for establishing the correspondence between the nature of human activity and its assessment by the social community. Conclusions. Destructive behavioral stereotypes of the Ukrainian ethnic group that were formed, among other things, under the influence of factors of stressogenesis can be corrected with the help of the legal ideology of state building, which should be based on the content of the idea of truth and justice. The developed ideology should be based on the most stable constructive guidelines of the national legal mentality, organically complementing and ideologically justifying them. (shrink)

This paper argues that in Plato’s utopia the good of the ideal city-state is not identical with the good of the citizens, but it is nevertheless not independent of the good of the citizens. And similarly with the happiness of the city-state and the happiness of the citizens in it, something that can be more clearly seen once the happiness of the city and the happiness of the individual are analyzed in terms of the goods appropriate to each. (...) Plato’s principle of social justice distributes such goods proportionately so as to promote the good of the city as a whole. Popper and others have been mostly correct in criticizing Plato for his severe restrictions of various freedoms, but not correct in claiming that Plato’s ideal city-state is an organic super-entity with a good of its own separate and independent of the good of the citizens. (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle of (...) difference generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

Purpose. To examine the existential anthropology of G. Marcel and E. Minkowski, in order to demonstrate the necessity of distinguishing the universal-spiritual, as human in human being, apart from the individual-existential in him, and to reveal the hierarchical correlation of biosocial, existential and spiritual spheres in personality. Theoretical basis. Within existential philosophy the author differentiates two separate traditions and proceeds from the insufficiency of the distinction of existential sphere, proposed by phenomenological tradition, showing the necessity of its correlation with (...) the spiritual sphere as a sphere of humanity, proposed by non-phenomenological tradition of G. Marcel and E. Minkowski. Originality. The author presents the anthropological conception of G. Marcel and E. Minkowski, in which human personality is understood as unity of individual-existential and universal-spiritual, which requires a special trans-empirical field of culture, which contains senses, images and symbols of humanity. Also, the author presents the recent developments of existential thinkers in distinguishing existential and spiritual dimensions, both not reducible to the physical and social dimensions. Conclusions. In both existential traditions, the specifically human was founded as a trans-biological and trans-social phenomenon, which appears as indefinable and non-predetermined. But in first tradition, humanity is understood as an existence, as a unique individuality, "project", variant of humanity, equivalent to other variants, and universal is understood as a community of human condition in the world. While in the second tradition, the universal is understood as spiritual. Thus, horizontal level of our private existence, as the process of movement from birth to death, is supplemented by vertical of human, universal ideals and images. Humanity appears as a task, on the way to which human being transcends beyond the limits of his individual "self" to the "super-individual", through inclusion into spiritual community, into universal culture. (shrink)

The aim "has been to provide the general reader with a reliable and trustworthy account of the life, teaching and influence of Confucius and to show how a man, comparatively insignificant and obscure in his own day, came to occupy a supreme place as the Great and Revered Teacher of the Chinese people." This aim is admirably fulfilled in this sympathetic study of the roots and history of Confucian civilization and its continuing revival of interest, both in the mainland and (...) in areas of Chinese Dispersion, in Taiwan, Singapore, and Hong Kong. Part I gives a good account of the "unique and distinctive place given to Confucius, the founder of one of the world’s greatest systems of religion and philosophical thought." A persuasive case is offered for the defense of the religious dimension of Confucian thought, though its content is essentially ethical. Professor Smith has, in the main, succeeded in conveying the Confucian religious attitude. Part II devotes to a discussion of Confucian civilization from the triumph of Confucianism in the Han Dynasty, and its role until the founding of the Republic of China in 1911. It deals with the development of Neo-Confucian systems and the state cult. A great emphasis is placed on the process that led to the apex of the Confucian civilization in the Manchu Dynasty. The book concludes with an assessment of Confucius: "The great ideals of individual perfection and a harmonious social order which Confucius inculcated are as relevant in the modern world as they were nearly 2500 years ago.... He retains his place, and will still retain his place among the wise ones of the earth who sought after righteousness and found it a thing of great price. Confucius is China’s greatest gift to mankind." The book is a contribution to contemporary reassessment of Confucian thought.—A. S. C. (shrink)

This chapter contains sections titled: Socrates and Plato: Conflicting Psychologies of Action The Desire for Good in Platonic Ethics Peculiarities of the Treatment of Justice as Psychological Well‐adjustment Psychological Well‐adjustment as what the Socratic Science of Justice must become given the new Platonic Psychology of Action The Development of Greek Ethics Through Plato Bibliography.

Human flourishing is the topic of an increasing number of books and articles in educational philosophy. Flourishing should be regarded as an ideal aim of education. If this is defended, the first step should be to elucidate what is meant by flourishing, and what exactly the concept entails. Listing formal criteria can facilitate reflection on the ideal of flourishing as an aim of education. We took Aristotelian eudaimonia as a prototype to construct two criteria for the (...) concept of human flourishing: human flourishing is regarded as intrinsically worthwhile and flourishing means ‘actualisation of human potential’. The second criterion has three sub-criteria: flourishing is about a whole life, it is a ‘dynamic state’ and flourishing presupposes there being objective goods. (shrink)

Moral duties concerning climate change mitigation are – for good reasons – conventionally construed as duties of institutional agents, usually states. Yet, in both scholarly debate and political discourse, it has occasionally been argued that the moral duties lie not only with states and institutional agents, but also with individual citizens. This argument has been made with regard to mitigation efforts, especially those reducing greenhouse gases. This paper focuses on the question of whether individuals in industrialized countries have duties (...) to reduce their individual carbon footprint. To this end it will examine three kinds of arguments that have been brought forward against individuals having such duties: the view that individual emissions cause no harm; the view that individual mitigation efforts would have no morally significant effect; and the view that lifestyle changes would be overly-demanding. The paper shows how all three arguments fail to convince. While collective endeavours may be most efficient and effective in bringing about significant changes, there are still good reasons to contribute individually to reducing emission. After all, for most people the choice is between reducing one’s individual emissions and not doing anything. The author hopes this paper shows that one should not opt for the latter. (shrink)

The purpose of Plato’s investigation of justice in the ideal polis of the Republic is neither to formulate an abstract conception of justice in itself nor to work out a blueprint for the perfectly just state. Rather, through the contemplation of an ideal social/political order where justice might be found “writ large,” Plato intends to bring about the actualization of justice in the “polity” of the individual soul. It must be kept in mind, (...) of course, that, while possessing a notion of the individual, the Greeks lacked our modern, Cartesian conception of subjectivity, burdened as it is with the existential task of creating and sustaining a meaningful cosmos. But precisely for this reason the ancients had a clearer perspective of the synergistic and mutually determinative dialectic that conjoins the individual and the state, a conjunction grounded in the ethical. This can be seen, Hegel suggests, in terms of the “unwritten and infallible law” that Antigone takes to be the “law of the gods” which “is right because it is what is right,” placing the individual “within the ethical substance; and this substance is thus the essence of self-consciousness.”. (shrink)

Assuming that one believes that individuals and states can morally defend values, beliefs, and institutions with force , one logically wants just combatants to possess the physical, mental, and spiritual capacities that will enable them to win the war. On the other hand, being a just combatant in a just war does not morally entitle that combatant to do anything to win that war. The moral requirement for just combatants to fight justly is codified in international law of war and (...) in state-specific legal documents such as the United States Uniform Code of Military Justice. While it is almost unequivocally clear to soldiers and civilians who soldiers cannot harm in the performance of their duties, and why these people are exempt from harm, it is less clear what the state itself can morally do to its own soldiers to enhance their chances of victory: can the state do anything to soldiers to give them an advantage on the field of battle?For United States soldiers and their counterparts in most Western liberal democracies, the answer is obviously no. Deeply embedded social and cultural norms in Western democracies mandate that the state set and enforce rigid lines which drill sergeants and earnest commanders cannot cross, even in the name of combat readiness, grounding these norms in notion of basic rights appealed to in the U.S. Constitution. In this essay, I argue against some types of drug-induced internal biotechnical enhancement of soldiers on the grounds that, in the present state of technology, it is not reasonable to suppose that the military can perform such enhancement operations on soldiers without causing irrevocable psychological damage that would certainly and unjustifiably alienate the soldiers from the very society they serve. (shrink)

Powers and Faden argue that social justice ‘is concerned with securing and maintaining the social conditions necessary for a sufficient level of well-being in all of its essential dimensions for everyone’ (2006: 50). Moreover, social justice is concerned with the ‘achievement of well-being, not the freedom or capability to achieve well-being’ (p. 40). Although Powers and Faden note that an agent alone cannot achieve well-being without the necessary social conditions of life (e.g. equal civil liberties and basic material (...) resources, such as food and shelter), it seems that achievement requires that an agent actually pursue the six dimensions of well-being. In this article, I question the extent to which an individual has an obligation to achieve well-being, even if he or she would choose to do otherwise. For example, can an agent choose to forgo being healthy even if all the social conditions are met in her life, thereby choosing to not achieve well-being? It remains unclear how the dimension of self-determination coheres with the remaining five dimensions of well-being and the extent of society’s obligations toward an individual’s achievement of well-being, even in those instances when society’s actions may go against an individual’s right to self-determination. (shrink)

On what we may call the institutional approach to justice, the most important duty of justice that individuals have is the duty to establish just institutions when they are absent. How should we understand this institutional duty in relation to more personal moral actions, such as taking direct personal action to mitigate institutional failures? Is this institutional duty a necessary responsibility of justice? Is it sufficient? I will discuss this question in the context of climate change: (...) what responsibilities of justice do individual actors have when their state is not complying with an ideal of just emissions? Do they have the duty to do what they reasonably can to reduce their personal direct emissions, perhaps even picking up the slack of non-compliers? Or is their duty of justice primarily that of doing their part to establish a just regulatory framework? I will examine some options of personal responsibility in response to climate change and argue that the most important duty is that of working to bring about better institutions. Taking direct personal action can be helpful, but not when they distract us from working towards institutional reform. (shrink)

An idea salient in the African and East Asian philosophical traditions is that the right sort of socio-political interaction would be similar to the intuitive ways that family members ought to relate to each other. Applying this perspective to economic and ecological inequalities, I articulate some principles implicit in healthy familial relationships, show what they entail for certain aspects of distributive justice at the national level, and contend that the implications are plausible relative to competing theories such as (...) utilitarianism, Rawlsianism, and the Capabilities Approach. Specifically, I maintain that reflection on familial norms suggests that an array of objective goods, particularly ones pertaining to relationality, the development of talents, and life, should be central to what the state distributes, an account that rivals subjective well-being, primary goods, or democratically chosen capabilities. When it comes to how much the state should ideally ensure each citizen has, reflection on familial norms supports a new, balancing approach, according to which all have a comparable share of resources needed for objective goodness, but more go to those with great ability or great disability, an approach that differs, and plausibly so, from maximizing, prioritizing the worst off, equalizing, or providing a sufficient minimum. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering on (...) the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

Background: A fair distribution of healthcare services for older patients is an important challenge, but qualitative research exploring clinicians’ consideration in daily clinical prioritisation in healthcare services for the aged is scarce.Objectives: To explore what kind of criteria, values, and other relevant considerations are important in clinical prioritisations in healthcare services for older patients.Design: A semi-structured interview-guide was used to interview 45 clinicians working with older patients. The interviews were analysed qualitatively using hermeneutical content analysis and template organising style.Participants: (...) 20 physicians and 25 nurses working in public hospitals and nursing homes in different parts of Norway.Results and interpretations: Important dilemmas relate to under-provision of community care and comprehensive approaches, and over-utilisation of certain specialised services. Overt ageism is generally not reported, but the healthcare services for the aged seem to be inadequate due to more subtle processes, for example, dominating considerations and ideals and operating conditions that do not pay sufficient attention to older patients’ needs and considerations of justice. Clinical prioritisations are described as being dominated by adapting traditional biomedical approaches to the operating conditions. Many of the clinicians indicate that there is a potential for improving end of life decisions and for reducing exaggerated use of life-prolonging treatment and hospitalisations.Conclusion: The interviews in this study indicate that considerations of justice and patients’ perspectives should be given more attention to strike a balance between specialised medical approaches and more general and comprehensive approaches in healthcare services for older patients. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the (...) rite of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)

Introduction. The scientific literature notes that in countries with significant revenues from oil and gas production, there is less economic growth. This paradox has been called the «resource curse». The abundance of hydrocarbons negatively affects the domestic political situation: it worsens the quality of public administration, preserves autocratic rule and corruption. The presence of such natural resources significantly increases the threat of armed conflict, civil war. M. Ross stated that the country’s oil and gas wealth prevents women from participating in (...) the official workforce and reduces their political influence. His argument is based on three statements: in low- and middle-income countries, women usually get jobs in low-paid export-oriented factories; preserving these jobs can expand women’s opportunities for self-realization in social and political terms; the presence of significant reserves of oil (or other minerals) in the state makes such traditional branches of industrial industry unprofitable and, more broadly, does not encourage women to work outside the home. As a result, hydrocarbon wealth in low- and middle-income countries tends to close an important path to gender equality. -/- The purpose of the work is to test M. Ross’s hypothesis. The author seeks to get an answer to the following research question: what impact do hydrocarbons have on the level of representation of women in the labor force and the deputy corps of legislatures of the subjects of the Russian Federation? Is there a «gender resource curse»? -/- Methods. Regression analysis has become the method of data analysis. The source of information for panel data is Rosstat data. -/- Scientific novelty of the research. This study contributes to the academic debate on the factors of women’s representation in politics and the economic sphere. -/- Results. The conducted research showed that M. Ross’s thesis about the «oil patriarchy» and the «gender Dutch disease» on the statistical data of the subjects of the Russian Federation has not been empirically verified. -/- Conclusions. The author has outlined several explanations for this result. It is shown that this is due to the difference in the operationalization of the independent variable. Secondly, the analysis is carried out at the subnational level, when revenues from the activities of oil and gas companies go to the federal budget. Finally, there is an impact of socio-cultural factors. (shrink)

There is a disconnect between the academy on the one hand, and the public, the Congress, and the courts on the other, with regard to punishment in the United States. The academy has highlighted the extraordinarily troubling implications of the mass imprisonment of the past two decades, the racial disparities, the social dislocation to poor communities and communities of color, the impact on this democracy of felon disenfranchisement, the extent to which retribution has surpassed all other purposes of punishment, displacing (...) any effort to determine "what works" to reduce crime. But the public is barely a participant in these discussions. If it reads the tabloids, watches television, or surfs the internet, it hears an entirely different story, a story about dangerous crime rates and impending doom, a story about fear and retribution. And so long as it hears that story, it will support ever more punitive laws, and rail against judges who are widely perceived to be lenient.The story is in fact more complex, the proverbial "good news" and "bad news." The good news is that the public may not be as punitive as the media and politicians suggest, if they are given the facts. They understand sentencing and individualized treatment. They can tell the difference between the king pin and the mule, between the postal worker who steals a check and the Enron executive who rapes a company. The bad news is that courts, who know the individual facts, nevertheless face extraordinary pressures to be tough, no matter what the offense. (shrink)

The purpose of this paper is to formulate some questions about a concept, justice, and some of its theoretical problems. When we discuss social and distributive justice, we are not simply pointing to a "state" problem. Justice is a challenge that is incumbent to every human being and, therefore, to everyone, in this era that is undoubtedly that of globalized capitalism. Taking into consideration congress emphasis on exploring dimensions of the human and inquiring into the challenges facing (...) humanity, and our need for global discussions about the values and concepts of development, values and human concerns, trying to find out what concepts might be essential, I think that one of those essential concepts is justice. But the problem begins from its very definition – justice is a concept that, from its root, is indeterminate. Justice comprises multiple meanings: it refers to a human capacity, an ideal and an essential element in social institutions, as well as a double but, at the same time, a singular dimension, individual and sociopolitical. My pretension is to explore some meanings of justice opening a dialogical perspective, believing that this is a fertile way to consider actual world challenges. Part of: Paper - 24th World Congress of Philosophy, FISP (Fédération Internationale des Sociétés de Philosophie), Peking University. Beijing (People's Republic of China) 13/08/2018. (shrink)

When we understand the ontological, political and legal underpinnings associated with the concept of freedom, liberty and rights, we understand the relationship between rights and laws. Rights can be understood as liberties or as laws. Liberties can be understood as de facto rights or as de jure rights. It is de jure rights that are recognized as laws that provide the basis for the rule of law. It is the rule of law that provides the basis for equal rights and (...) equal justice in an ideal republic. Rights, laws and the rule of law are distinct. Rights are self-evident truths. Laws are imperatives backed by sanctions (John Austin). The rule of law is a principle that purports that the recognition de facto and de jure rights provide the basis for political, social and economic justice. People live by the rights recognized by law. As such, the rule of law advocates two fundamental underpinnings in a republic: (1) the recognition of rights as the basis for equal rights and equal justice, and (2) the recognition of law as the basis for governance. (H.L.A. Hart). However, since the recognition of law is the recognition of rights, the recognition of rights precedes the governance by law principle. What is fundamental to the rule of law is that it recognizes rights, legitimizes political rule and administers equal/blind justice (Meyers, 1213). As such, no branch of government can weaponize laws to terminate recognized individual rights. The maxim of the republic should be – while anyone can be the ruler, everyone lives as free as the ruler. Majority rule and protection of self-evident individual rights is fundamental to an ideal republic. Keywords: law, equal rights, equal justice, impunity, rule of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric and AngerKenneth S. Zagacki and Patrick A. Boleyn-FitzgeraldSince most believe anger can be either good or bad, rhetors face a moral problem of determining when anger is appropriate and when it is not. They face a corresponding rhetorical problem in deciding when and how to express anger and determining the role that it might play in public discourse, with specific audiences and in particular rhetorical situations. Rhetorical scholars (...) have catalogued whole genres of angry rhetoric—apocalyptic genres, jeremiads, the demonizing rhetoric of religious and political leaders—wherein the rhetorical display of anger is explained in terms of situational conventions and cultural norms.1 Yet these scholars have not easily resolved the moral problems associated with angry rhetoric. Aristotle suggested the earliest and most obvious solutions to these problems. In the Nicomachean Ethics, he outlines a typology for discerning the moral limits of anger and, by implication, angry rhetoric. And in Book II of the Rhetoric he asserts that the orator needs to know the structure of emotions like anger and how to intensify and dissipate them. Or, in other words, the orator must know how to make it reasonable to be angry. Some contemporary philosophers have gone further, suggesting that a failure to feel and express anger in public betrays an insufficient concern for justice and self respect.In this essay, we follow Aristotle in arguing that anger is sometimes the emotion we expect people to feel or the rhetorical response we expect them to display and evoke in others. But we also challenge part of Aristotle's argument by asking: "Even when angry rhetoric would appear to be a reasonable, morally appropriate response, is there a way in which rhetors might manage anger in their public discourse in order to achieve ends which are both morally and pragmatically productive?" The answer, we propose, lies in what we call "non-angry" rhetoric, which involves transforming and reflecting upon anger in public discourse. Because such rhetoric often promotes noble ends such as reconciliation and forgiveness, it is at least morally permissible and more likely morally virtuous.2 In order to establish these claims, our analysis focuses on the case of Nelson Mandela and his "Address to the Interfaith Commissioning Service for the Truth and Reconciliation Commission."3 In this speech, Mandela, as our [End Page 290] analysis demonstrates, managed anger and turned it into an object of reflection, thereby illustrating what opportunities for reconciliation and democratic deliberation would look like during the difficult period attending the political transition in South Africa in general and the Truth and Reconciliation Commission (TRC) hearings in particular. His "Address" exemplified a unique moment when the rhetoric and the ethics of anger came together in a public performance. While acknowledging the understandable anger of blacks, Mandela (who may in fact have harbored considerable anger himself) simultaneously suggested that by engendering a less hostile social-political context, in which participants maintained their self-respect without necessarily sacrificing justice, a new democratic community could emerge. This would be a community where, as he described it, individuals began to reconcile with and no longer persecute one another. As Aristotle might explain, the purpose of Mandela's speech was to manage the anger of blacks, so that they would then be able to deliberate properly about the issues before the TRC and about the larger democratic transition. As the philosopher Eugene Garver says, the particular passions Aristotle chooses to explore in the Rhetoric serve a role necessary for the kind of public, political decision making he assigns to rhetoric. These emotions serve to integrate—or segregate, as the case may be—"distinct individuals into a deliberative or judging body, or demos" (1994, 131).What we are recommending, then, is that rhetoric encompasses both considerations of moral desert as well as broader moral concerns. While there are times when individuals seem to deserve our angry rhetoric, it may not be justified from a broader moral perspective, especially when the goal is the good of the state or the community—viz., if angry rhetoric leads to the violent dissolution of democratic community. Ultimately, we argue that the moral constitution of political, deliberative communities must be viewed in terms... (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The State by Philip PETTITSteven B. SmithPETTIT, Philip. The State. Princeton, N.J.: Princeton University Press, 2023. 376 pp. Cloth, $39.95The dust-jacket of this book announces a bold claim: “The future of our species depends on the state.” Ever since the Treaty of Westphalia, the state has been regarded as the basic unit of political legitimacy, and yet the state has never ceased to have its critics. From the (...) left, the state has been regarded as failing to realize a normatively appealing ideal of justice that, it is believed, can be achieved only in some form of post-sovereign organization. From the right, the state has been seen as an agent of collectivization that threatens individual liberty and the right to property. Philip Pettit hopes to deflect both of these [End Page 159] complaints in his defense of the state as the indispensable political institution.This is a big and complex book that defies easy summary. Its core attempts to define the nature and limits of the “modern state” even if the term modern and how this differs from other alternative forms of political association is never explored. On Pettit’s realist account, the state will acquire legitimacy, not by holding it to rigorous standards of justice, but if it is able to achieve a rough balance of power between rulers and ruled. This standard does not require equality between the rulers and the ruled or even among the ruled themselves, but it does presuppose the value of stability that is a necessary requisite for any desirable polity. Pettit is, after all, the author of a book on Hobbes, and The State may be seen as an attempt to adapt and update Leviathan.Like Hobbes, Pettit insists that the attainment of political order is a precondition for any possibility of justice. Reversing Rawls’s famous dictum, it is order, not justice, that is the first virtue of social institutions. The author insists that the “functional polity” may fall well short of absolute justice, but this is because the state is related to justice in the way that prudence is related to morality. I wish this point had been more fully developed. It suggests a sphere of political ethics that stands somewhere between Machiavellian power politics and Kantian ideal theory. It suggests that politics requires a degree of prudential flexibility and latitude that cannot be reduced to norms or laws. But how prudence is related to justice, Pettit tantalizingly holds open for another book.The state that Pettit endorses sounds above all like the modern liberal state. The state will serve its ends when it provides for the rule of law that gives each citizen the freedom to act with impunity under legal protection. Sounding like Montesquieu’s famous definition of liberty as “that tranquility of spirit which comes from the opinion each one has of his security,” Pettit suggests that “the fully functional state should give each citizen a reliable, determinate zone of legal security, however limited it may be, within which they can decide on how they want to live their lives.” Isaiah Berlin could not have said it better.The book is divided into two large sections. The first deals with what might be called the metatheory of the state focusing on the rule of law, individual and corporate agency, and a theory of “decentralized” sovereignty. The second part deals with the functions of the state proper. These include the collective power of the people to challenge the sovereign—the best part of the book in my opinion—a defense of individual rights, and the ability of the state to intervene in the economy. Each of these claims, I expect, will give rise to heated debate, but I cannot develop them here.One of the more striking claims of Pettit’s book is the statement that “there has been little work on the theory of the state in the sense in which we pursue it here.” Much may hinge on the meaning of that last phrase, but as for the first part of the sentence, it is literally head scratching. Pettit acknowledges the importance of Bodin, Hobbes, Locke, Rousseau, and [End... (shrink)

The purpose of this essay is to suggest a new direction in our thinking about substantive due process that recognizes human rights in the lived experience of our fellow human beings. The applicability of the approach, at least for equal protection purposes, was hinted at by the Supreme Court’s majority opinion in Romer v. Evans, but it has never been given full consideration.1 There, Justice Kennedy noted the very real impact of a state group of people. What he (...) did not say is how such an amendment might also impact the self-impression gays and lesbians have of themselves, although this would certainly be part of such an amendment’s impact. Moreover, legal and philosophical research in this area suggests that there may be more here than previously thought. While I do not hope to resolve every philosophical question at the heart of my legal analysis, I do intend to bring forth enough substance to answer the indeterminacy charge levied by certain Supreme Court justices and others concerning which rights should count as “fundamental” under substantive due process in part by looking at the impact such rights have on individual self-esteem. I. (shrink)

Current debate in metaethics includes the question of objectivity. What does it mean for a moral prescription to be objective? It is easy to see how matters of fact are objective, and it is also easy to see how matters of taste are subjective. But what about matters of morality? Given the diversity in moral beliefs and practices it appears these cannot be matters of fact. Are they thus matters of taste? If so, we are left with the (...) unlivable conclusion that all moral prescriptions are beyond rational scrutiny. David Hume expressed these problems in a way that continues to be influential today: ‘Tis as little contrary to reason to prefer even my own acknowled'd lesser good to my greater’ (Hume, 2003: 2.III.ii). Resolving problems about moral objectivity is further complicated by the philosophical presuppositions of analytic philosophy that have dominated the 20th century, initiated in the work of G.E. Moore, and promulgated in theories such as logical positivism and ordinary language philosophy. Contemporary thinkers from both the cognitivist and the non‐cognitivist camps have tried to demonstrate that moral claims are objective in the sense of being subject independent. By considering contemporary appeals to the ideally rational self to establish objectivity, and objections to rationality as a ground for objectivity, it will be argued that objectivity can be grounded in the good which in turn is grounded in human nature. This approach can be found in the Socratic denial of knowingly doing evil, and out of this a foundation for moral objectivity can be developed that does not require an appeal to the individual's mental state and which preserves individual responsibility for knowing the good. (shrink)

With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in the exercise of (...) their function as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

In a characteristically iconoclastic essay, “Does the State Have a Monopoly to Punish Crime?”, Douglas Husak argues that the state’s moral right to punish crime is all but self-evident while its supposed monopoly on punishment is a fiction. Husak draws this bracing conclusion from a modest, quasi-Lockean premise – that persons and other entities have a right to impose stigmatizing deprivations on those who wrong them. This premise evokes John Locke’s far stronger claim that everyone enjoys a natural right to (...) inflict potentially severe sanctions on any wrongdoer. The quasi-Lockean premise also evokes the familiar idea that all criminal wrongdoing is an attack on the broader community, and that law-breakers consequently owe a debt to society that they can repay through punishment. In this essay, I argue that the inferences Husak draws from the quasi-Lockean premise are unsound, but for reasons that reveal important lessons about the state’s right to punish crime and about the limits of what we can extract from the venerable idea that a central victim of criminal wrongdoing is the community as a whole. In Part II, I argue that the quasi-Lockean premise does not ground the state’s right to punish the kind of wrongs traditionally thought central to the criminal law, namely, wrongs perpetrated on individual human victims. In Part III, I answer Husak’s implicit challenge to describe a kind of stigmatizing deprivation – a kind of punishment – that the state alone has a right to inflict. I suggest that no entity but the state may inflict sanctions that constitute prima facie invasions of moral rights. (shrink)

Table of contentsI1 Proceedings of the 4th World Conference on Research IntegrityConcurrent Sessions:1. Countries' systems and policies to foster research integrityCS01.1 Second time around: Implementing and embedding a review of responsible conduct of research policy and practice in an Australian research-intensive universitySusan Patricia O'BrienCS01.2 Measures to promote research integrity in a university: the case of an Asian universityDanny Chan, Frederick Leung2. Examples of research integrity education programmes in different countriesCS02.1 Development of a state-run “cyber education program of research ethics” in (...) KoreaEun Jung Ko, Jin Sun Kwak, TaeHwan Gwon, Ji Min Lee, Min-Ho LeeCS02.3 Responsible conduct of research teachers’ training courses in Germany: keeping on drilling through hard boards for more RCR teachersHelga Nolte, Michael Gommel, Gerlinde Sponholz3. The research environment and policies to encourage research integrityCS03.1 Challenges and best practices in research integrity: bridging the gap between policy and practiceYordanka Krastev, Yamini Sandiran, Julia Connell, Nicky SolomonCS03.2 The Slovenian initiative for better research: from national activities to global reflectionsUrsa Opara Krasovec, Renata SribarCS03.3 Organizational climate assessments to support research integrity: background of the Survey of Organizational Research Climate and the experience with its use at Michigan State UniversityBrian C. Martinson, Carol R. Thrush, C.K. Gunsalus4. Expressions of concern and retractionsCS04.1 Proposed guidelines for retraction notices and their disseminationIvan Oransky, Adam MarcusCS04.2 Watching retractions: analysis of process and practice, with data from the Wiley retraction archivesChris Graf, Verity Warne, Edward Wates, Sue JoshuaCS04.3 An exploratory content analysis of Expressions of ConcernMiguel RoigCS04.4 An ethics researcher in the retraction processMichael Mumford5. Funders' role in fostering research integrityCS05.1 The Fonds de Recherche du Québec’s institutional rules on the responsible conduct of research: introspection in the funding agency activitiesMylène Deschênes, Catherine Olivier, Raphaëlle Dupras-LeducCS05.2 U.S. Public Health Service funds in an international setting: research integrity and complianceZoë Hammatt, Raju Tamot, Robin Parker, Cynthia Ricard, Loc Nguyen-Khoa, Sandra TitusCS05.3 Analyzing decision making of funders of public research as a case of information asymmetryKarsten Klint JensenCS05.4 Research integrity management: Empirical investigation of academia versus industrySimon Godecharle, Ben Nemery, Kris Dierickx5A: Education: For whom, how, and what?CS05A.1 Research integrity or responsible conduct of research? What do we aim for?Mickey Gjerris, Maud Marion Laird Eriksen, Jeppe Berggren HoejCS05A.2 Teaching and learning about RCR at the same time: a report on Epigeum’s RCR poll questions and other assessment activitiesNicholas H. SteneckCS05A.4 Minding the gap in research ethics education: strategies to assess and improve research competencies in community health workers/promoteresCamille Nebeker, Michael Kalichman, Elizabeth Mejia Booen, Blanca Azucena Pacheco, Rebeca Espinosa Giacinto, Sheila Castaneda6. Country examples of research reward systems and integrityCS06.1 Improving systems to promote responsible research in the Chinese Academy of SciencesDing Li, Qiong Chen, Guoli Zhu, Zhonghe SunCS06.4 Exploring the perception of research integrity amongst public health researchers in IndiaParthasarathi Ganguly, Barna Ganguly7. Education and guidance on research integrity: country differencesCS07.1 From integrity to unity: how research integrity guidance differs across universities in Europe.Noémie Aubert Bonn, Kris Dierickx, Simon GodecharleCS07.2 Can education and training develop research integrity? The spirit of the UNESCO 1974 recommendation and its updatingDaniele Bourcier, Jacques Bordé, Michèle LeducCS07.3 The education and implementation mechanisms of research ethics in Taiwan's higher education: an experience in Chinese web-based curriculum development for responsible conduct of researchChien Chou, Sophia Jui-An PanCS07.4 Educating principal investigators in Swiss research institutions: present and future perspectivesLouis Xaver Tiefenauer8. Measuring and rewarding research productivityCS08.1 Altimpact: how research integrity underpins research impactDaniel Barr, Paul TaylorCS08.2 Publication incentives: just reward or misdirection of funds?Lyn Margaret HornCS08.3 Why Socrates never charged a fee: factors contributing to challenges for research integrity and publication ethicsDeborah Poff9. Plagiarism and falsification: Behaviour and detectionCS09.1 Personality traits predict attitude towards plagiarism of self and others in biomedicine: plagiarism, yes we can?Martina Mavrinac, Gordana Brumini, Mladen PetrovečkiCS09.2 Investigating the concept of and attitudes toward plagiarism for science teachers in Brazil: any challenges for research integrity and policy?Christiane Coelho Santos, Sonia VasconcelosCS09.3 What have we learnt?: The CrossCheck Service from CrossRefRachael LammeyCS09.4 High p-values as a sign of data fabrication/falsificationChris Hartgerink, Marcel van Assen, Jelte Wicherts10. Codes for research integrity and collaborationsCS10.1 Research integrity in cross-border cooperation: a Nordic exampleHanne Silje HaugeCS10.3 Research integrity, research misconduct, and the National Science Foundation's requirement for the responsible conduct of researchAaron MankaCS10.4 A code of conduct for international scientific cooperation: human rights and research integrity in scientific collaborations with international academic and industry partnersRaffael Iturrizaga11. Countries' efforts to establish mentoring and networksCS11.1 ENRIO : a network facilitating common approaches on research integrity in EuropeNicole FoegerCS11.2 Helping junior investigators develop in a resource-limited country: a mentoring program in PeruA. Roxana Lescano, Claudio Lanata, Gissella Vasquez, Leguia Mariana, Marita Silva, Mathew Kasper, Claudia Montero, Daniel Bausch, Andres G LescanoCS11.3 Netherlands Research Integrity Network: the first six monthsFenneke Blom, Lex BouterCS11.4 A South African framework for research ethics and integrity for researchers, postgraduate students, research managers and administratorsLaetus OK Lategan12. Training and education in research integrity at an early career stageCS12.1 Research integrity in curricula for medical studentsGustavo Fitas ManaiaCS12.2 Team-based learning for training in the responsible conduct of research supports ethical decision-makingWayne T. McCormack, William L. Allen, Shane Connelly, Joshua Crites, Jeffrey Engler, Victoria Freedman, Cynthia W. Garvan, Paul Haidet, Joel Hockensmith, William McElroy, Erik Sander, Rebecca Volpe, Michael F. VerderameCS12.4 Research integrity and career prospects of junior researchersSnezana Krstic13. Systems and research environments in institutionsCS13.1 Implementing systems in research institutions to improve quality and reduce riskLouise HandyCS13.2 Creating an institutional environment that supports research integrityDebra Schaller-DemersCS13.3 Ethics and Integrity Development Grants: a mechanism to foster cultures of ethics and integrityPaul Taylor, Daniel BarrCS13.4 A culture of integrity at KU LeuvenInge Lerouge, Gerard Cielen, Liliane Schoofs14. Peer review and its role in research integrityCS14.1 Peer review research across disciplines: transdomain action in the European Cooperation in Science and Technology “New Frontiers of Peer Review ”Ana Marusic, Flaminio SquazzoniCS14.2 Using blinding to reduce bias in peer reviewDavid VauxCS14.3 How to intensify the role of reviewers to promote research integrityKhalid Al-Wazzan, Ibrahim AlorainyCS14.4 Credit where credit’s due: professionalizing and rewarding the role of peer reviewerChris Graf, Verity Warne15. Research ethics and oversight for research integrity: Does it work?CS15.1 The psychology of decision-making in research ethics governance structures: a theory of bounded rationalityNolan O'Brien, Suzanne Guerin, Philip DoddCS15.2 Investigator irregularities: iniquity, ignorance or incompetence?Frank Wells, Catherine BlewettCS15.3 Academic plagiarismFredric M. Litto16. Research integrity in EuropeCS16.1 Whose responsibility is it anyway?: A comparative analysis of core concepts and practice at European research-intensive universities to identify and develop good practices in research integrityItziar De Lecuona, Erika Löfstrom, Katrien MaesCS16.2 Research integrity guidance in European research universitiesKris Dierickx, Noémie Bonn, Simon GodecharleCS16.3 Research Integrity: processes and initiatives in Science Europe member organisationsTony Peatfield, Olivier Boehme, Science Europe Working Group on Research IntegrityCS16.4 Promoting research integrity in Italy: the experience of the Research Ethics and Bioethics Advisory Committee of the Consiglio Nazionale delle Ricerche Cinzia Caporale, Daniele Fanelli17. Training programs for research integrity at different levels of experience and seniorityCS17.1 Meaningful ways to incorporate research integrity and the responsible conduct of research into undergraduate, graduate, postdoctoral and faculty training programsJohn Carfora, Eric Strauss, William LynnCS17.2 "Recognize, respond, champion": Developing a one-day interactive workshop to increase confidence in research integrity issuesDieter De Bruyn, Bracke Nele, Katrien De Gelder, Stefanie Van der BurghtCS17.4 “Train the trainer” on cultural challenges imposed by international research integrity conversations: lessons from a projectJosé Roberto Lapa e Silva, Sonia M. R. Vasconcelos18. Research and societal responsibilityCS18.1 Promoting the societal responsibility of research as an integral part of research integrityHelene IngierdCS18.2 Social responsibility as an ethical imperative for scientists: research, education and service to societyMark FrankelCS18.3 The intertwined nature of social responsibility and hope in scienceDaniel Vasgird, Stephanie BirdCS18.4 Common barriers that impede our ability to create a culture of trustworthiness in the research communityMark Yarborough19. Publication ethicsCS19.1 The authors' forum: A proposed tool to improve practices of journal editors and promote a responsible research environmentIbrahim Alorainy, Khalid Al-WazzanCS19.2 Quantifying research integrity and its impact with text analyticsHarold GarnerCS19.3 A closer look at authorship and publication ethics of multi- and interdisciplinary teamsLisa Campo-Engelstein, Zubin Master, Elise Smith, David Resnik, Bryn Williams-JonesCS19.4 Invisibility of duplicate publications in biomedicineMario Malicki, Ana Utrobicic, Ana Marusic20. The causes of bad and wasteful research: What can we do?CS20.1 From countries to individuals: unravelling the causes of bias and misconduct with multilevel meta-meta-analysisDaniele Fanelli, John PA IoannidisCS20.2 Reducing research waste by integrating systems of oversight and regulationGerben ter Riet, Tom Walley, Lex Marius BouterCS20.3 What are the determinants of selective reporting?: The example of palliative care for non-cancer conditionsJenny van der Steen, Lex BouterCS20.4 Perceptions of plagiarism, self-plagiarism and redundancy in research: preliminary results from a national survey of Brazilian PhDsSonia Vasconcelos, Martha Sorenson, Francisco Prosdocimi, Hatisaburo Masuda, Edson Watanabe, José Carlos Pinto, Marisa Palácios, José Lapa e Silva, Jacqueline Leta, Adalberto Vieyra, André Pinto, Mauricio Sant’Ana, Rosemary Shinkai21. Are there country-specific elements of misconduct?CS21.1 The battle with plagiarism in Russian science: latest developmentsBoris YudinCS21.2 Researchers between ethics and misconduct: A French survey on social representations of misconduct and ethical standards within the scientific communityEtienne Vergès, Anne-Sophie Brun-Wauthier, Géraldine VialCS21.3 Experience from different ways of dealing with research misconduct and promoting research integrity in some Nordic countriesTorkild VintherCS21.4 Are there specifics in German research misconduct and the ways to cope with it?Volker Bähr, Charité22. Research integrity teaching programmes and their challengesCS22.1 Faculty mentors and research integrityMichael Kalichman, Dena PlemmonsCS22.2 Training the next generation of scientists to use principles of research quality assurance to improve data integrity and reliabilityRebecca Lynn Davies, Katrina LaubeCS22.3 Fostering research integrity in a culturally-diverse environmentCynthia Scheopner, John GallandCS22.4 Towards a standard retraction formHervé Maisonneuve, Evelyne Decullier23. Commercial research and integrityCS23.1 The will to commercialize: matters of concern in the cultural economy of return-on-investment researchBrian NobleCS23.2 Quality in drug discovery data reporting: a mission impossible?Anja Gilis, David J. Gallacher, Tom Lavrijssen, Malwitz David, Malini Dasgupta, Hans MolsCS23.3 Instituting a research integrity policy in the context of semi-private-sector funding: an example in the field of occupational health and safetyPaul-Emile Boileau24. The interface of publication ethics and institutional policiesCS24.1 The open access ethical paradox in an open government effortTony SavardCS24.2 How journals and institutions can work together to promote responsible conductEric MahCS24.3 Improving cooperation between journals and research institutions in research integrity casesElizabeth Wager, Sabine Kleinert25. Reproducibility of research and retractionsCS25.1 Promoting transparency in publications to reduce irreproducibilityVeronique Kiermer, Andrew Hufton, Melanie ClyneCS25.2 Retraction notices issued for publications by Latin American authors: what lessons can we learn?Sonia Vasconcelos, Renan Moritz Almeida, Aldo Fontes-Pereira, Fernanda Catelani, Karina RochaCS25.3 A preliminary report of the findings from the Reproducibility Project: Cancer biologyElizabeth Iorns, William Gunn26. Research integrity and specific country initiativesCS26.1 Promoting research integrity at CNRS, FranceMichèle Leduc, Lucienne LetellierCS26.2 In pursuit of compliance: is the tail wagging the dog?Cornelia MalherbeCS26.3 Newly established research integrity policies and practices: oversight systems of Japanese research universitiesTakehito Kamata27. Responsible conduct of research and country guidelinesCS27.1 Incentives or guidelines? Promoting responsible research communication through economic incentives or ethical guidelines?Vidar EnebakkCS27.3 Responsible conduct of research: a view from CanadaLynn PenrodCS27.4 The Danish Code of Conduct for Research Integrity: a national initiative to promote research integrity in DenmarkThomas Nørgaard, Charlotte Elverdam28. Behaviour, trust and honestyCS28.1 The reasons behind non-ethical behaviour in academiaYves FassinCS28.2 The psychological profile of the dishonest scholarCynthia FekkenCS28.3 Considering the implications of Dan Ariely’s keynote speech at the 3rd World Conference on Research Integrity in MontréalJamal Adam, Melissa S. AndersonCS28.4 Two large surveys on psychologists’ views on peer review and replicationJelte WichertsBrett Buttliere29. Reporting and publication bias and how to overcome itCS29.1 Data sharing: Experience at two open-access general medical journalsTrish GrovesCS29.2 Overcoming publication bias and selective reporting: completing the published recordDaniel ShanahanCS29.3 The EQUATOR Network: promoting responsible reporting of health research studiesIveta Simera, Shona Kirtley, Eleana Villanueva, Caroline Struthers, Angela MacCarthy, Douglas Altman30. The research environment and its implications for integrityCS30.1 Ranking of scientists: the Russian experienceElena GrebenshchikovaCS30.4 From cradle to grave: research integrity, research misconduct and cultural shiftsBronwyn Greene, Ted RohrPARTNER SYMPOSIAPartner Symposium AOrganized by EQUATOR Network, Enhancing the Quality and Transparency of Health ResearchP1 Can we trust the medical research literature?: Poor reporting and its consequencesIveta SimeraP2 What can BioMed Central do to improve published research?Daniel Shanahan, Stephanie HarrimanP3 What can a "traditional" journal do to improve published research?Trish GrovesP4 Promoting good reporting practice for reliable and usable research papers: EQUATOR Network, reporting guidelines and other initiativesCaroline StruthersPartner Symposium COrganized by ENRIO, the European Network of Research Integrity OfficersP5 Transparency and independence in research integrity investigations in EuropeKrista Varantola, Helga Nolte, Ursa Opara, Torkild Vinther, Elizabeth Wager, Thomas NørgaardPartner Symposium DOrganized by IEEE, the Institute of Electrical and Electronics EngineersRe-educating our author community: IEEE's approach to bibliometric manipulation, plagiarism, and other inappropriate practicesP6 Dealing with plagiarism in the connected world: An Institute of Electrical and Electronics Engineers perspectiveJon RokneP7 Should evaluation of raises, promotion, and research proposals be tied to bibliometric indictors? What the Institute of Electrical and Electronics Engineers is doing to answer this questionGianluca SettiP8 Recommended practices to ensure conference content qualityGordon MacPhersonPartner Symposium EOrganized by the Committee on Freedom and Responsibility in the Conduct of Science of ICSU, the International Council for ScienceResearch assessment and quality in science: perspectives from international science and policy organisationsP9 Challenges for science and the problems of assessing researchEllen HazelkornP10 Research assessment and science policy developmentCarthage SmithP11 Research integrity in South Africa: the value of procedures and processes to global positioningRobert H. McLaughlinP12 Rewards, careers and integrity: perspectives of young scientists from around the worldTatiana Duque MartinsPartner Symposium FOrganized by the Online Resource Center for Ethics Education in Engineering and Science / Center for Engineering, Ethics, and Society of the National Academy of EngineeringP13 Research misconduct: conceptions and policy solutionsTetsuya Tanimoto, Nicholas Steneck, Daniele Fanelli, Ragnvald Kalleberg, Tajammul HusseinPartner Symposium HOrganized by ORI, the Office of Research Integrity; Universitas 21; and the Asia Pacific Research Integrity NetworkP14 International integrity networks: working together to ensure research integrityPing Sun, Ovid Tzeng, Krista Varantola, Susan ZimmermanPartner Symposium IOrganized by COPE, the Committee on Publication EthicsPublication without borders: Ethical challenges in a globalized worldP15 Authorship: credit and responsibility, including issues in large and interdisciplinary studiesRosemary ShinkaiPartner Symposium JOrganized by CITI, the Cooperative Institutional Training InitiativeExperiences on research integrity educational programs in Colombia, Costa Rica and PeruP16 Experiences in PeruRoxana LescanoP17 Experiences in Costa RicaElizabeth HeitmanP18 Experiences in ColumbiaMaria Andrea Rocio del Pilar Contreras NietoPoster Session B: Education, training, promotion and policyPT.01 The missing role of journal editors in promoting responsible researchIbrahim Alorainy, Khalid Al-WazzanPT.02 Honorary authorship in Taiwan: why and who should be in charge?Chien Chou, Sophia Jui-An PanPT.03 Authorship and citation manipulation in academic researchEric Fong, Al WilhitePT.04 Open peer review of research submission at medical journals: experience at BMJ Open and The BMJTrish GrovesPT.05 Exercising authorship: claiming rewards, practicing integrityDésirée Motta-RothPT.07 Medical scientists' views on publication culture: a focus group studyJoeri Tijdink, Yvo SmuldersPoster Session B: Education, training, promotion and policyPT.09 Ethical challenges in post-graduate supervisionLaetus OK LateganPT.10 The effects of viable ethics instruction on international studentsMichael Mumford, Logan Steele, Logan Watts, James Johnson, Shane Connelly, Lee WilliamsPT.11 Does language reflect the quality of research?Gerben ter Riet, Sufia Amini, Lotty Hooft, Halil KilicogluPT.12 Integrity complaints as a strategic tool in policy decision conflictsJanneke van Seters, Herman Eijsackers, Fons Voragen, Akke van der Zijpp and Frans BromPoster Session C: Ethics and integrity intersectionsPT.14 Regulations of informed consent: university-supported research processes and pitfalls in implementationBadaruddin Abbasi, Naif Nasser AlmasoudPT.15 A review of equipoise as a requirement in clinical trialsAdri LabuschagnePT.16 The Research Ethics Library: online resource for research ethics educationJohanne Severinsen, Espen EnghPT.17 Research integrity: the view from King Abdulaziz City for Science and TechnologyDaham Ismail AlaniPT. 18 Meeting global challenges in high-impact publications and research integrity: the case of the Malaysian Palm Oil BoardHJ. Kamaruzaman JusoffPT.19 University faculty perceptions of research practices and misconductAnita Gordon, Helen C. HartonPoster Session D: International perspectivesPT.21 The Commission for Scientific Integrity as a response to research fraudDieter De Bruyn, Stefanie Van der BurghtPT. 22 Are notions of the responsible conduct of research associated with compliance with requirements for research on humans in different disciplinary traditions in Brazil?Karina de Albuquerque Rocha, Sonia Maria Ramos de VasconcelosPT.23 Creating an environment that promotes research integrity: an institutional model of Malawi Liverpool Welcome TrustLimbanazo MatandikaPT.24 How do science policies in Brazil influence user-engaged ecological research?Aline Carolina de Oliveira Machado Prata, Mark William NeffPoster Session E: Perspectives on misconductPT.26 What “causes” scientific misconduct?: Testing major hypotheses by comparing corrected and retracted papersDaniele Fanelli, Rodrigo Costas, Vincent LarivièrePT.27 Perception of academic plagiarism among dentistry studentsDouglas Leonardo Gomes Filho, Diego Oliveira GuedesPT. 28 a few bad apples?: Prevalence, patterns and attitudes towards scientific misconduct among doctoral students at a German university hospitalVolker Bähr, Niklas Keller, Markus Feufel, Nikolas OffenhauserPT. 29 Analysis of retraction notices published by BioMed CentralMaria K. Kowalczuk, Elizabeth C. MoylanPT.31 "He did it" doesn't work: data security, incidents and partnersKatie SpeanburgPoster Session F: Views from the disciplinesPT.32 Robust procedures: a key to generating quality results in drug discoveryMalini Dasgupta, Mariusz Lubomirski, Tom Lavrijssen, David Malwitz, David Gallacher, Anja GillisPT.33 Health promotion: criteria for the design and the integrity of a research projectMaria Betânia de Freitas Marques, Laressa Lima Amâncio, Raphaela Dias Fernandes, Oliveira Patrocínio, and Cláudia Maria Correia Borges RechPT.34 Integrity of academic work from the perspective of students graduating in pharmacy: a brief research studyMaria Betânia de Freitas Marques, Cláudia Maria Correia Borges Rech, Adriana Nascimento SousaPT.35 Research integrity promotion in the Epidemiology and Health Services, the journal of the Brazilian Unified Health SystemLeila Posenato GarciaPT.36 When are clinical trials registered? An analysis of prospective versus retrospective registration of clinical trials published in the BioMed Central series, UKStephanie Harriman, Jigisha PatelPT.37 Maximizing welfare while promoting innovation in drug developmentFarida LadaOther posters that will be displayed but not presented orally:PT.38 Geoethics and the debate on research integrity in geosciencesGiuseppe Di Capua, Silvia PeppoloniPT.39 Introducing the Professionalism and Integrity in Research Program James M. DuBois, John Chibnall, Jillon Van der WallPT.40 Validation of the professional decision-making in research measureJames M. DuBois, John Chibnall, Jillon Van der Wall, Raymond TaitPT.41 General guidelines for research ethicsJacob HolenPT. 42 A national forum for research ethicsAdele Flakke Johannessen, Torunn EllefsenPT.43 Evaluation of integrity in coursework: an approach from the perspective of the higher education professorClaudia Rech, Adriana Sousa, Maria Betânia de Freitas MarquesPT.44 Principles of geoethics and research integrity applied to the European Multidisciplinary Seafloor and Water Column Observatory, a large-scale European environmental research infrastructureSilvia Peppoloni, Giuseppe Di Capua, Laura BeranzoliF1 Focus track on improving research systems: the role of fundersPaulo S.L. Beirão, Susan ZimmermanF2 Focus track on improving research systems: the role of countriesSabine Kleinert, Ana MarusicF3 Focus track on improving research systems: the role of institutionsMelissa S. Anderson, Lex Bouter. (shrink)

In this paper, I take issue with Peter Balint’s recent account of the value of toleration as an instrument for securing freedom-maximising outcomes in pluralistic societies. In particular, I question the extent to which the ideal of toleration can be entirely reduced to someone’s intentional withholding of negative interference whose value lies in the protection of individual negative freedoms. I argue that couching the value of toleration entirely in these freedom-maximising terms fails to do justice to (...) the relational value of toleration. To see this value, we must also have in sight the drastic changes that appeals to toleration make to the nature of what goes on between the tolerator and the tolerated, not only to the state of affairs that is created by their relation. (shrink)

People around the world are agitating for democracy and individual rights, but there is no consensus on a theory of liberal democracy that might guide them. What are the first principles of a just society? What political theory should shape public policy in such a society? In this book, James S. Fishkin offers a new basis for answering these questions by proposing the ideal of a "self-reflective society"—a political culture in which citizens are able to decide (...) their own fate through unconstrained dialogue. Fishkin offers a comprehensive critique of liberal political theories that do not satisfy the requirements for a self-reflective society. He then explains his own theory of liberalism, showing that the freely self-examining society he advocates can provide the key to issues of political legitimacy and social justice. Fishkin proposes practical applications of his theory that would lead to more participatory democracy. Among these are deliberative opinion polls that would allow ordinary citizens to explore issues directly with candidates before elections, and vouchers that would allow them to organize representation for their interests. Fishkin examines a broad range of topics from the fresh perspective of a self-reflective society: utility and its limits, justice between generations, conflicting ideals of democracy, equal opportunity, the connections between theory and public policy, the notion of moral progress, and the bases for political obligation. His book makes a new contribution to central debates in moral, political, and legal philosophy. (shrink)

The ideal city of Plato could only come true if three great and unlikely changes were made in the state. Neither Plato's contemporaries nor later generations have been able to breast the second of these ‘waves,’ which brings in a new order of marriage for guardians. The scheme is condemned as not only not good or possible—the Platonic tests—but as inconsistent with itself and with the account given in the Timaeus. The parts under censure are the so-called table of (...) prohibited affinities and the sanction of infanticide. It would be strange to find discrepancies in a proposal so important for Plato's state that details cannot well be left to some Damon, and I hope to show that difficulties arise only when critics do not place themselves exactly at Plato's point of view. He conceived a certain problem with sharp outlines, and his answer is precisely adapted to that. The first wave left the guardians as a family of men and women living in common. How was it possible to preserve this communal life and provide for the future of the guardian class? If the rulers failed to choose aright here, an oracle foretold the decay of the city . Therefore Plato's rigid preoccupation in the second wave is to secure for the archons entire control over the birth of guardian children. Otherwise the community will sink into mere promiscuity and the stock will degenerate. In short, Plato tries to ensure that, apart from the necessary getting of children for the state, the guardians shall be friends and not lovers. Our special problems arise from the two questions—πως παδοποιήσονtαι, καì γεκομÉνους πως θρÉψουσι; . Let us begin with the first of these. (shrink)

The ideal city of Plato could only come true if three great and unlikely changes were made in the state. Neither Plato's contemporaries nor later generations have been able to breast the second of these ‘waves,’ which brings in a new order of marriage for guardians. The scheme is condemned as not only not good or possible—the Platonic tests—but as inconsistent with itself and with the account given in the Timaeus. The parts under censure are the so-called table of (...) prohibited affinities and the sanction of infanticide. It would be strange to find discrepancies in a proposal so important for Plato's state that details cannot well be left to some Damon, and I hope to show that difficulties arise only when critics do not place themselves exactly at Plato's point of view. He conceived a certain problem with sharp outlines, and his answer is precisely adapted to that. The first wave left the guardians as a family of men and women living in common. How was it possible to preserve this communal life and provide for the future of the guardian class? If the rulers failed to choose aright here, an oracle foretold the decay of the city. Therefore Plato's rigid preoccupation in the second wave is to secure for the archons entire control over the birth of guardian children. Otherwise the community will sink into mere promiscuity and the stock will degenerate. In short, Plato tries to ensure that, apart from the necessary getting of children for the state, the guardians shall be friends and not lovers. Our special problems arise from the two questions—πως παδοποιήσονtαι, καì γεκομÉνους πως θρÉψουσι;. Let us begin with the first of these. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Just Share: Justice and Fairness in Resource Allocation*Pat Milmoe Mccarrick (bio) and Martina Darragh (bio)Each of us has some basic sense of what the words “fair” or “just” or “fairness” or “justice” mean. Each of us probably also has an idea of what is “fair” in health care. The attempt by the state of Oregon in the mid-1980s to quantify this notion made a (...) previously private exercise a public one. This transition has been chronicled in the bioethics literature that focuses on resource allocation. These works examine both theories of justice and concepts of “health”; the fair distribution of health resources has been of continuing interest since the beginning of bioethics in the 1960s. Early writing on justice includes authors Tom L. Beauchamp, Robert H. Blank, James F. Childress, H. Tristram Engelhardt, Paul T. Menzel, Paul Ramsey, and Robert M. Veatch (VII).During the 1980s, bioethicists such as Daniel Callahan and Norman Daniels proposed thinking of health care decisions not as moments of personal crisis but as choices that span a lifetime, possibly involving tradeoffs in other areas of one’s life, e.g., education. The Oregon experience added another dimension to the discussion. The initial rank-ordering of health services by cost produced a skewed list—for example, surgery for life-threatening conditions ranked below minor, elective procedures. For the project to make sense, the ranking algorithm could not be based on cost alone, but rather on a combination of costs and benefits both to individuals and to the community—“concatenations of individual and group goods” (I, Jecker and Jonsen 1995). Various metaphors have been used in the literature to facilitate discussion of this shift from individual to individual/community trade-offs: medical services as a “commons” (I, Asch 1995, Jecker and Jonsen 1995, Michels 1994); resource allocation as a “lifeboat” (I, Campbell 1995; III, Kaveny 1994); medical care as “shares” in a community health (III, Nelson 1992, Ford and Kissick 1995; II, Anderson 1993); and rationing as traveling through the desert with one jug of water for two people (a story from the Halachah literature) (I, Zoloth-Dorfman 1995). [End Page 81]Such metaphors do not promote any one “theory of justice” but rather draw from the work of a number of bioethicists as well as from theological, sociological, economic, and business literature. The five major conceptions of justice that are referenced most frequently are: “(1) a libertarian conception, which takes liberty to be the ultimate political ideal; (2) a socialist conception, which takes equality to be the ultimate political ideal; (3) a welfare liberal conception, which takes contractual fairness or maximal utility to be the ultimate political ideal; (4) a communitarian conception, which takes the common good to be the ultimate political ideal; and (5) a feminist conception, which takes a gender-free society to be the ultimate political ideal” (I, Sterba 1995).The use of new metaphors also draws on expanded concepts of “health.” “As health care is currently practiced, the most powerful symbols for public and professional alike are those that promise the defeat of time” (I, Campbell 1995). When medical care is perceived as an unrelated series of individual cures, the fact that health care resources are finite cannot be addressed.Reflections concerning the difficulties in limiting the use of health care resources have an ancient lineage and reveal a tight bond with the obsession to postpone death at all costs. Plato in Book 3 of the Republic recognizes the quandary of infinite expectations and finite resources that characterizes the challenge of health care choices. (I, Engelhardt 1996)The proliferation of expensive medical technologies and the loss of autonomy by health care professionals further complicates perceptions of the crucial issues at hand. Some have said that Americans place too much emphasis on individualism to address these issues. Daniels et al. believe that this is too pessimistic a view and that the American commitment to protecting equal opportunity for all provides a firm basis for developing a public consensus on what is fair in health care (III, Daniels, Light, and Caplan 1996). Finally, several authors suggest that the nature of all four principles of medical ethics, not justice alone, must be... (shrink)

The discussion between Thrasymachus and Socrates in Book I of Plato's Republic instead the question about justice started with Cephalus. Thrasymachus is an important character, who relates justice to the city government. This causes justice to leave individual sphere and enter public sphere. In our article, we want to verify how Thrasymachus' theses on justice and whether they are consistent with each other. The problem of consistency of theses is old among commentators and presents different (...) solutions. Our intention is to propose a solution to the problem and to relate this to art of government proposed by Thrasymachus. This allows us to verify the manner in which Socrates and Thrasymachus differ in their proposals for government and types of ruler. In this way, our work intends to contribute with literature on the role played by Thrasymachus in Plato’s work. (shrink)

The field of my inquiry is the field of judgement. I focus primarily on the difficulties involved in the act of judging. What I emphasize, after Kant, is the absence of preexisting rules for judgement in its purest form. ;I interpret Cavell's discussion of Rawls' theory of justice as probing the implications of the fact that there will always be for the individual a judgement to be made of the distance between our own society and the (...) class='Hi'>ideal well ordered society. It is here I claim that the concept of the example comes into play. To elaborate this I show how Rousseau uses his experience of consent to the Republic of Geneva to provide an example, or a standard of judgement to the individual's seeking whether and how to express consent to their society. ;In my paper on the Kant's Third Critique I argue that what is most central in the judgement of taste is that it is the reflection and expression the individuality of the judge of taste and its function is to provoke one to rely on one's own sense of the world. It is primarily through the analysis of the relation of genius to taste that I elaborate the centrality of individuality but my claim is that this relation manifests itself also between the judge of taste and a community of taste. ;The concept of exemplarity leads me to the distinction between what can be said and what can be shown. In the paper on Wittgenstein's Tractatus I want to combat what I take to be a false understanding of the distinction between showing and saying which makes what is shown to be some property of the world that cannot be stated in language. I explain what Wittgenstein means by the notion of form and how it is that form only shows itself through language. I further see the overall design of the text as an exemplary reworking of Wittgenstein's philosophical experience. I thus interpret the idea of throwing away the ladder as a claim that the propositions of the book are of use only as an example to provoke one to thoughts of one's own. (shrink)

Contents include: Foreword Editor's Preface Introduction by the Editor Preface Introduction BOOK ONE: The Objective Problem Concerning the Truth of Christianity Introductory Remarks Chapter I: The Historical Point of View 1. The Holy Scriptures 2. The Church 3. The Proof of the Centuries for the Truth of Christianity Chapter II: The Speculative Point of View BOOK TWO: The Subjective Problem, The Relation of the Subject to the Truth of Christianity, The Problem of Becoming a Christian PART ONE: Something About Lessing (...) Chapter I: An Expression of Gratitude Chapter II: Theses Possibly or Actually Attributable to Lessing 1. The subjective existing thinker has regard to the dialectics of the process of communication 2. The existing subjective thinker is in his existential relation to the truth as negative as he is positive; he has a much humor as he has essential pathos; and he is constantly in process of becoming, i.e. he is always striving 3. Lessing has said that accidental historical truths can never serve as proofs for eternal truths of the reason; and that the transition by which it is proposed to base an eternal truth upon historical testimony is a leap 4. Lessing has said that, if God held all truth in His right hand, and in His left the lifelong pursuit of it, he would choose the left hand A. A logical system is possible B. An existential system is possible PART TWO: How the Subjectivity of the Individual Must be Qualified in Order that the Problem May Exist for Him Chapter I: The Task of Becoming Subjective. The conclusion that would be forced upon ethics if the attainment of subjectivity were not the highest task confronting a human being—Considerations left out of account in connection with the closer understanding of this—Examples of thinking directed towards becoming subjective Chapter II: The Subjective Truth, Inwardness; Truth is Subjectivity Appendix. A Glance at the Contemporary Effort in Danish Literature Chapter III: Real or Ethical Subjectivity—The Subjective Thinker 1. Existence and Reality 2. Possibility as higher than Reality—Reality as higher than Possibility—Poetic and Intellectual Ideality—Ethical Ideality 3. The Simultaneity of the Individual Factors of Subjectivity in the Existing Subject—The Constrast between this Simultaneity and the Speculative Process 4. The Subjective Thinker—his Task, his Form, his Style Chapter IV: The Problem of the Fragments: How can an Eternal Happiness be based upon Historical Knowledge? Section I. For Orientation in the Plan of the Fragments 1. That the point of departure was taken in the pagan consciousness, and why 2. The importance of a preliminary agreement concerning what Christianity is, before there can be any question of mediating between Christianity and speculative thought. The absence of such an agreement favors the proposal of medication, while at the same time making any mediation illusory; the presence of such an agreement precludes mediation 3. The problem of the Fragments viewed as a problem, introductory not to Christianity, but to becoming a Christian Section II. The Problem Itself. The eternal happiness of the individual is decided in time through the relationship to something historical, which is furthermore of such a character as to oinclude in its composition that which by virtue of its essence cannot become historical, and must therefore become such by virtue of the absurd A. Existential Pathos 1. The Initial Expression for Existential Pathos: the absolute direction (respect) toward the absolute telos, expressed in action through the transformation of the individual's existence Aesthetic Pathos—The deceptiveness of the principle of mediation—The medieval monastic movement—The simultaneous maintenance of an absolute relationship to the absolute telos and a relative relationship to the relative ends 2. The Essential Expression for Existential pathos: Suffering—Fortune and misforutne as the expression for an aesthetic view of life, in constradistinction to suffering as the expression of a religious view (illustrated by reference to the religious discourse)—The Reality of suffering (humor)—The reality of suffering in the last instance as evidence for the possession by the existing individual of a relationship to an eternal happiness—The illusion of religiosity—The category of Anfechtung—The primary ground and significance of the religious suffering: The dying away from the life of immediacy while still remaining in the finite—An edifying divertisement—Humor as an incognito for religiosity 3. The Decisive Expression for existential pathos: Guilt—That the investigation goes backward instead of forward—The eternal recollection of guilt is the highest expression for the relation between the consciousness of guilt and an eternal happiness—Lower expressions for the consciousness of guilt, and corresponding forms of satisfaction—Self-imposted penance—Humor—The religiosity of hidden inwardness Intermediate Clause between A and B B. The Dilectical 1. The dialectical contradiction which constitutes the breach: to expect an eternal happiness in time through a relationship to something else in time 2. The dialectical constradiction that an eternal happiness is based upon something historical 3. The dialectical contradiction that the historical fact here in question is not a simple historical fact, but is constituted by that which only against its nature can become historical, hence by virtue of the absurd Appendix to B. The retroactive effect of the dialectical upon the pathetic, and the factor simultaneously present in the pathos (a) The consciousness of sin (b) The possibililty of offense (c) The smart of sympathy Chapter V. Conclusion. About Childish Christianity Appendix. For an Understanding with the Reader First and Last Declaration Notes Index Originally published in 1941. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

This article explores and questions traditional legal scholarship's historical presentation of the role of the accused and the relationship between the individual and the state in English criminal justice that it expresses. This perceived relationship between the individual and the state is traced through a textual and historical analysis of rules relating to questioning and to confessions. The article focuses on the ‘development’ of these rules during the 19th century when the foundations of the modern English legal (...) system were laid. The author maintains that through the conceptual categories of ‘subject’, ‘citizen’ and ‘suspect’, established legal writers have constructed the role played by the accused within an historical framework of ‘progress’. Yet when examined in the light of case law and statute from the period, that framework appears more mythical than factual as it lacks the evidential foundation to support it. (shrink)

ABSTRACTThis paper examines the ontological status of individual substances; intuitive examples of such entities include particles and living organisms. My aim is to assess the ontological status of individual substances in the light of arguments for an ontology of [concrete] facts, often called states of affairs. Advocates of a fact ontology have argued that these factive entities are the ontologically fundamental beings. I will address the salient question of whether individual substances are reducible to, or eliminable in (...) favor of, facts. I will further address the question of whether individual substances, even if not reducible to facts, are nonetheless ontologically dependent upon facts in a way that undercuts the claim that some individual substances are ontologically fundamental. Finally, I will argue that a persuasive case for the claim that facts are what is ontologically fundamental has yet to be made. (shrink)