Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

A number of health care professionals assert a right to be exempt from performing some actions currently designated as part of their standard professional responsibilities. Most advocates claim that they should be excused from these duties simply by averring that they are conscientiously opposed to performing them. They believe that they need not explain or justify their decisions to anyone; nor should they suffer any undesirable consequences of such refusal. Those who claim this right err by blurring or conflating three (...) issues about the nature and role of conscience, and its significance in determining what other people should permit them to do (or not do). Many who criticize those asserting an exemption conflate the same questions and blur the same distinctions, if not expressly, by failing to acknowledge that sometimes a morally serious agent should not do what she might otherwise be expected to do. Neither side seems to acknowledge that in some cases both claims are true: a conscientious professional should not do her professional duty AND others need not permit or excuse her refusal. I identify these conflations and specify conditions in which a professional might reasonably refuse to do what she is required to do. Then I identify conditions in which the public should exempt a professional from some of her responsibilities. I argue that professionals should refuse far less often than most advocates do . . . and that they should be even less frequently exempt for that failure. Finally, there are compelling reasons why we could not implement a consistent moral policy giving advocates what they want, likely not even in qualified form. (shrink)

Conscience in Reproductive Health Care responds to the growing worldwide trend of health care professionals conscientiously refusing to provide abortions and similar reproductive health services in countries where these services are legal and professionally accepted. Carolyn McLeod argues that conscientious objectors in health care should prioritize the interests of patients in receiving care over their own interest in acting on their conscience. She defends this "prioritizing approach" to conscientious objection over the more popular "compromise approach" without downplaying the (...) importance of health care professionals having a conscience or the moral complexity of their conscientious refusals. McLeod's central argument is that health care professionals who are gatekeepers of services such as abortions are fiduciaries for their patients and for the public they are licensed to serve. As such, they owe a duty of loyalty to these beneficiaries and should give primacy to their beneficiaries' interests in accessing care. This conclusion is informed by what McLeod believes is morally at stake for the main parties to the conflicts generated by conscientious refusals: the objector and the patient. What is at stake, according to McLeod, depends on the relevant socio-political context, but typically includes the objector's integrity and the patient's interest in avoiding harm. (shrink)

_Conscience and Corporate Culture_ advances the constructive dialogue on a moral conscience for corporations. Written for educators in the field of business ethics and practicing corporate executives, the book serves as a platform on a subject profoundly difficult and timely. Written from the unique vantage point of an author who is a philosopher, professor of business administration, and a corporate consultant A vital resource for both educators in the field of business ethics and practicing corporate executives Forwards the constructive (...) dialogue on a moral conscience for corporations Offers a philosophical and practical approach to considering business ethics. (shrink)

A growing number of medical professionals claim a right of conscience, a right to refuse to perform any professional duty they deem immoral—and to do so with impunity. We argue that professionals do not have the unqualified right of conscience. At most they have a highly qualified right. We focus on the claims of pharmacists, since they are the professionals most commonly claiming this right.

Richard Sorabji presents a unique exploration of the development of moral conscience over 2500 years, from the playwrights of classical Greece to the present. His virtuoso study of the development of pagan, Christian, and secular conceptions of conscience culminates in a consideration of the nature, value, and role of conscience today.

This book presents in translation writings by six medieval philosophers which bear on the subject of conscience. Conscience, which can be considered both as a topic in the philosophy of mind and a topic in ethics, has been unduly neglected in modern philosophy, where a prevailing belief in the autonomy of ethics leaves it no natural place. It was, however, a standard subject for a treatise in medieval philosophy. Three introductory translations here, from Jerome, Augustine and Peter Lombard, (...) present the loci classici on which subsequent discussions drew; there follows the first complete treatise on conscience, by Philip the Chancellor, while the two remaining translations, from Bonaventure and Aquinas, have been chosen as outstanding examples of the two main approaches which crystallised during the thirteenth century. (shrink)

. John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the (...) need for an objective foundation for conscience which emerges from these debates should be embraced by both secular and religious ethicists alike. (shrink)

Conscience-based refusals by health care professionals to provide care to eligible patients are problematic, given the monopoly such professionals hold on the provision of such services. This article reviews standard ethical arguments in support of conscientious refuser accommodation and finds them wanting. It discusses proposed compromise solutions involving efforts aimed at testing the genuineness and reasonability of refusals and rejects those solutions too. A number of jurisdictions have introduced policies requiring conscientious refusers to provide effective referrals. These policies have (...) turned out to be unworkable. They subject patients to a health care delivery lottery, which is incompatible with the fundamental values of medical professionalism. This paper sheds light on transnational efforts aimed at undermining progress made in reproductive health by means of conscientious refusal accommodation claims. The view that the accommodation of conscientious refusers is indefensible on consequentialist ethical grounds, as well as on grounds related to medical professionalism itself, is defended. (shrink)

ch. 1. Conscience--the subjective norm of morality -- ch. 2. Conscience and law -- ch. 3. Relationship between conscience and law -- ch. 4. Holy Scipture on the nature of conscience -- ch. 5. Freedom and commitment of conscience -- ch. 6. The African and conscience with particular reference to the Igbos of Nigeria -- ch. 7. Igbo moral conscience in the light of cross-cultural education: Western civilisation and christianity.

In this paper1 I shall present not just the conscience of Huckleberry Finn but two others as well. One of them is the conscience of Heinrich Himmler. He became a Nazi in 1923; he served drably and quietly, but well, and was rewarded with increasing responsibility and power. At the peak of his career he held many offices and commands, of which the most powerful was that of leader of the S.S. - the principal police force of the (...) Nazi regime. In this capacity, Himmler commanded the whole concentration-camp system, and was responsible for the execution of the so-called ‘final solution of the Jewish problem’. It is important for my purposes that this piece of social engineering should be thought of not abstractly but in concrete terms of Jewish families being marched to what they think are bath-houses, to the accompaniment of loud-speaker renditions of extracts from The Merry Widow and Tales of Hoffman, there to be choked to death by poisonous gases. Altogether, Himmler succeeded in murdering about four and a half million of them, as well as several million gentiles, mainly Poles and Russians. The other conscience to be discussed is that of the Calvinist theologian and philosopher Jonathan Edwards. He lived in the first half of the eighteenth century, and has a good claim to be considered America’s first serious and considerable philosophical thinker. He was for many years a widely-renowned preacher and Congregationalist minister in New England; in 1748 a dispute with his congregation led him to resign (he couldn’t accept their view that unbelievers should be admitted to the Lord’s Supper in the hope that it would convert them); for some years after that he worked as a missionary, preaching to Indians through an interpreter;, then in 1758 he accepted the presidency of what is now Princeton University, and within two months died from a smallpox inoculation. Along the way he wrote some first-rate philosophy: his book attacking the notion of free will is still sometimes read.. (shrink)

This article critically evaluates the conception of conscience underlying the debate about the proper place and role of conscience in the clinical encounter. It suggests that recovering a conception of conscience rooted in the Catholic moral tradition could offer resources for moving the debate past an unproductive assertion of conflicting rights, namely, physicians’ rights to conscience versus patients’ rights to socially and legally sanctioned medical interventions. It proposes that conscience is a necessary component of the (...) moral life in general and a necessary resource for maintaining a coherent sense of moral agency. It demonstrates that an earlier and intellectually richer conception of conscience, in contrast with common contemporary formulations, makes the judgments of conscience accountable to reason, open to critique, and protected from becoming a bastion for bigotry, idiosyncrasy, and personal bias. (shrink)

Ce livre a pour objet d’évaluer l’apport de la physique quantique à l’explication du phénomène de la conscience. Après un état des lieux d’ordre sémantique, philosophique et neurobiologique de la question de la relation entre cerveau et conscience, les principaux modèles « classiques » actuels de la conscience sont exposés. Nous montrons que ces modèles laissent en suspens deux questions importantes : a) celle d’expliquer la synchronisation quasi-instantanée de régions éloignées du cerveau qui semble nécessaire à la (...) constitution de percepts conscients; b) celle du fossé explicatif qui existe entre l’expérience subjective, relevant de ce que le sujet est capable de ressentir de façon privée, et la description de ses corrélats neurophysiologiques dans le langage de la science, à la troisième personne – comment ces derniers « donnent-ils lieu » à l’expérience subjective?Les approches quantiques de la conscience plus récentes sont alors exposées de façon détaillée. Nous examinons dans quelle mesure elles peuvent contribuer à répondre à ces questions et proposer une représentation unificatrice intégrant les deux aspects psychique et physiologique du phénomène de conscience. (shrink)

This article gives a basic account of Aquinas’s theory of “synderesis” and conscience. Aquinas understands synderesis as an infallible moral awareness and conscience as the fallible judgment that applies a general moral conviction to a concrete case. The article also compares Aquinas’s and his contemporaries’ theories of whether erring conscience is morally binding, that is, whether to act in accord with erring conscience or against erring conscience is sinful.

Conscience is often referred to yet not understood. This text develops a theory of cognition around a model of conscience, the ACTWith model. It represents a synthesis of results from contemporary neuroscience with traditional philosophy, building from Jamesian insights into the emergence of the self to narrative identity, all the while motivated by a single mechanism as represented in the ACTWith model. Emphasis is placed on clarifying historical expressions and demonstrations of conscience - Socrates, Heidegger, Kant, M.L. (...) King - in light of the ACTWith model, while at once turning these resources to developing the basic architecture. In the end, this text aims to enrich moral theory by improving our understanding of moral cognition, while at once providing a useful tool in everyday moral practice and self-development. (shrink)

Debate over whether health care institutions or individual providers should have a legally protected right to conscientiously refuse to offer legal services to patients who request them has grown exponentially due to the increasing legalization of morally contested services. This debate is particularly acute for Catholic health care providers. We elucidate Catholic teaching regarding the nature of conscience and the intrinsic value of being free to act in accord with one’s conscience. We then outline the primary positions defended (...) in this debate and respond to critics of Catholic teaching. In so doing, we show how Catholic health care providers’ claims to conscientiously refuse to offer specific health care services are not essentially faith-based, but are founded upon publicly defensible reasons. We also address the question of whether conscientiously refusing health care providers may become complicit in moral wrongdoing or potentially cause scandal by means of disclosure or referral to another provider. (shrink)

Increasingly, physicians are being asked to provide technical services that many believe are morally wrong or inconsistent with their beliefs about the meaning and purposes of medicine. This controversy has sparked persistent debate over whether practitioners should be permitted to decline participation in a variety of legal practices, most notably physician-assisted suicide and abortion. These debates have become heavily politicized, and some of the key words and phrases are being used without a clear understanding of their meaning. In this essay, (...) I endeavor, firstly, to clarify the meaning of some of these terms: conscience, conscientious action, professional judgment, conscientious objection, conscience clauses, civil disobedience, and tolerance. I argue that use of the term conscientious objection to describe these refusals by health care professionals is mistaken and confusing. Secondly, relying on a proper understanding of the moral and technical character of medical judgment, the optimal deference that the state and markets ought to have toward professions, and general principles of Lockean tolerance for a diversity of practices and persons in a flourishing, pluralistic, democratic society, I offer a defense of tolerance with respect to the deeply held convictions of physicians and other health care professionals who hold minority views on contested but legal medical practices. (shrink)

Collected essays from a symposium on the prominent issue of conscience and how it is related to Catholic education.

Foreword This small volume contains two essays on conscience by Joseph Cardinal Ratzinger, now Pope Benedict XVI, written while he was Prefect of the...

How does everyday, inauthentic Dasein dominated by das Man become authentic? The aim of this article is to answer this and other questions about Dasein's authenticity by carrying out an analysis of the 'call of conscience'. This analysis, in turn, provides insights about Dasein's possibility for ethical existence. We will see that even though there are some puzzling issues in Heidegger's explanation of Dasein in its everydayness and its authenticity, the Heideggerian Existential Analytic is not 'anti-ethical' as some have (...) claimed. We will also see that the Existential Analytic's commitment to the ontic raises doubts about Heidegger's claim that the Analytic is prior to any ethics and examine how reading Being and Time as a project of 'metontology' may dissolve these doubts. Finally, the paper offers a suggestion about the importance of 'authentic historicality' in a factical account of the moral life. (shrink)

The lack of moral conscience in contemporary society is frequently noted and lamented, but how valid is the idea of "conscience" today? Does it have a referent, or is the concept merely rhetorical? Guyton B. Hammond proposes in this book that the concept is valid, but that for its utopian possibilities to be recovered it must be revised.

Conscience in World Religions is a unique collection of papers which allows the reader to compare and contrast the origins and development of the concept of conscience within different Christian traditions, Judaism, Islam, and Buddhism. The first part of the book, based upon extensive research of the Christian debate of conscience, explores the dynamic relation between authority, revelation, and education for both the individual and the community. It provides the reader with an insight into approaches to and (...) interpretations of sources found within Roman Catholicism, Protestantism, and Orthodoxy. The second part of the text provides an enthralling and scholarly study of the previously relatively unexplored Jewish, Islamic, and Buddhist viewpoints on the concept of conscience. This book is a thought-provoking collection for all those interested in exploring the many facets of this most fascinating of subjects. (shrink)

The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done (...) or about which one is deliberating would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)

Ronit Stahl and Ezekiel Emanuel have recently issued a stark challenge to conscience protections in medical law and ethics. Their argument is flawed, however. They misrepresent the nature and relevance of conscientious protection in the military, misinterpret the scope of consent tendered by modern medical professionals, and offer no reason to think either that conscientious objection harms patient well-being or that such harm should solely determine the permissibility of conscientious objection. Moreover, and most fundamentally, Stahl and Emanuel do not (...) recognize that conscience protections promote moral integrity, a basic aspect of human well-being that justifies protective action. (shrink)

Richard Sorabji here presents a selection of his previously-published papers on four topics in ancient philosophy: two on the mind-body relation, nine on sense perception, and one each on moral conscience and on the will. The substantial introduction updates and interconnects the papers and fills out the picture by reference to other writings by himself and others, and to further thoughts. The picture of the four main topics shows that each continued to develop throughout the 1200 year course of (...) Ancient Greek Philosophy up to 600 CE. (shrink)

This examination of a fundamental but often neglected aspect of the intellectual history of early modern Europe brings together philosophers, historians and political theorists from Great Britain, Canada, the United States, Australia, France and Germany. Despite the diversity of disciplines and national traditions represented, the individual contributions show a remarkable convergence around three themes: changes in the modes of moral education in early modern Europe, the emergence of new relations between conscience and law (particularly the law of the state), (...) and the shared continuities and discontinuities of both Roman Catholic and Protestant moral culture in relation to their medieval past. (shrink)

Conscience and Conscientious Objection of Health Care Professionals Refocusing the Issue Content Type Journal Article Pages 351-364 DOI 10.1007/s10730-009-9113-x Authors Natasha T. Morton, The University of Western Ontario Ontario Canada N6A 5B9 Kenneth W. Kirkwood, Arthur and Sonia Labatt Health Sciences Building London Ontario Canada N6A 5B9 Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737 Journal Volume Volume 21 Journal Issue Volume 21, Number 4.

Richard Sorabji presents a unique discussion of the development of moral conscience over a period of 2500 years, from the playwrights of the fifth century BCE to the present. He addresses key topics including the original meaning and continuing nature of conscience, the ideas of freedom of religion and conscience with climaxes in the early Christian centuries and the seventeenth, the disputes on absolution or 'terrorisation' of conscience, dilemmas of conscience, and moral double-bind, the reliability (...) of conscience if it is shaped by local custom, and modern opposition to the idea of conscience and its role in legislation. (shrink)

This study analyzes conscience as a specific cognition, as an axiological consciousness of a human act. The doctrine of Thomas Aquinas plays an important role here: He assumes conscience to be a cognition; his concept of conscience is quite significant and had great influence on philosophical thinking. Nevertheless, this doctrine on conscience is not satisfying enough from the viewpoint of epistemology and, therefore, it requires a complement. Such a complement is found in phenomenological analyses, especially in (...) those concerning consciousness. Underlying the main problem of the study--which is conscience as cognition--is the question of enriching Thomism with phenomenology."--Page 4 of cover. (shrink)

This authoritative study explores the relation of John Henry Newman's idea of conscience to what he called conscience "in the ordinary sense of the word." Grave argues that a proper understanding of this distinction is essential to a satisfactory understanding of Newman's thought wherever the notion of conscience enters into it. He examines some neglected difficulties in this area such as the relation between individual conscience and the authority of the church, and the matter of rights (...) of conscience. (shrink)

This article investigates the question why even the existence of “moral conscience” became regarded with serious doubts among radical eighteenth-century French philosophes La Mettrie, d’Holbach, Diderot, and Voltaire, from the vantage point of conceptual history. The philosophes’ stance of regarding moral conscience only as a name for certain acquired prejudices both fails to engage with the conception of moral conscience upheld by their theistic opponents and stands in a sharp contrast to the moral thought of Protestant reformation, (...) which – less than two centuries earlier – had elevated moral conscience to a position of an infallible moral authority. The article argues, however, that, in spite of the opposition between these two conceptions of conscience, they might be connected, and that the former might have even been a consequence of the latter. It will be shown that the pre-Reformation conception of moral conscience, crystallized in Aquinas, presents it being based on our natural attraction to “the human good”. However, as this conception was not created by medieval theologians, but was inherited from non-theistic ancient philosophy, in principle it would have been as compatible with the deistic and atheistic worldviews of the philosophes as the other ancient philosophical concepts, such as “the human good” and “human nature”, that the philosophes continued using in their original, teleological senses. Having presented a brief overview of the history of moral conscience, the article proceeds to show how the Protestant reformers removed the attraction to the human good from moral conscience while making its normative guidance infallible. The article will suggest that, due to the prevalence of this, exclusively theological, conception of moral conscience in the intellectual environment shaped by Protestantism, several British thinkers of the seventeenth century, including Hobbes, Locke, and Hume, who could not endorse the theological aspects of moral conscience, gradually reduced it into a mere acquired “sentiment”. As their philosophy was a major influence on the philosophes, the article concludes that the loss of a rational justification for moral conscience in the works of the British philosophers could have also been what motivated the philosophes to question moral conscience. (shrink)

The transition away from the highly intolerant and persecutory regimes of late-medieval and early-modern Europe was facilitated by four important developments. First, Europeans learned that social order and cohesion are threatened less by diversity than by intolerance of it. Second, the traditionally paternalist vision of the state’s role was called into question by a new valuation of the individual conscience and consequently of individual liberties. Third, the assumption that the meaning of symbols is objectively determined was replaced by the (...) recognition that symbols are intersubjectively determined by convention. Fourth, Europeans began to distinguish two senses of publicity: visibility and representativeness. The tenacious hold of these four assumptions is illustrated by laws of laïcité, which harken back to the medieval mindset on all four counts. (shrink)

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral (...) imperative. The paper then considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

"Human Conscience and Muslim-Christian Relations provides an insight into the notion of conscience and the impact of Christian-Muslim relations in Egypt on the ...

On the basis of Swiss decision cases it is investigated to what extent politicians are guided by their conscience about the common good or political self interest.

This book presents in translation writings by six medieval philosophers which bear on the subject of conscience. Conscience, which can be considered both as a topic in the philosophy of mind and a topic in ethics, has been unduly neglected in modern philosophy, where a prevailing belief in the autonomy of ethics leaves it no natural place. It was, however, a standard subject for a treatise in medieval philosophy. Three introductory translations here, from Jerome, Augustine and Peter Lombard, (...) present the loci classici on which subsequent discussions drew; there follows the first complete treatise on conscience, by Philip the Chancellor, while the two remaining translations, from Bonaventure and Aquinas, have been chosen as outstanding examples of the two main approaches which crystallised during the thirteenth century. (shrink)

The introduction to a special issue of the journal Bioethics that we edited.

Casuistry is a process of reasoning that focuses upon specific cases or moral problems, as opposed to a general study of ethical theories. In this broad sense every moral philosopher may be regarded as a casuist in some form. The term also has a narrower meaning as it refers to a group of moralists who, in the 16th and 17th century, systematically adopted this method. Casuistry is now one of the options for those who, in the framework of the post-modern (...) anti-systematic attitude, still feel the importance of serious moral debate and reject easy-minded relativism. (shrink)

Ces deux ouvrages qui font la matière de ce volume se complètent parfaitement, c'est pourquoi ils paraissent sous le même titre. L'auteur analyse dans Esquisse d'une esthétique l'activité gratuite de l'artiste. Le procès de la conscience dénonce d'un côté la conscience de l'autre, reconnaît que les religions et les philosophies ne sont que des issues qui permettent de combler le vide d'être que la conscience a creusé en nous.

Conscience, once a core concept for ethics, has mostly disappeared from modern moral theory. In this book Douglas Langston traces its intellectual history to account for its neglect while arguing for its still vital importance, if correctly understood. In medieval times, Langston shows in Part I, the notions of "conscientia" and "synderesis" from which our contemporary concept of conscience derives were closely connected to Greek ideas about the virtues and practical reason, although in Christianized form. As modified by (...) Luther, Butler, and Kant, however, conscience later came to be regarded as a faculty like will and intellect, and when faculty psychology fell into disrepute, so did the role of conscience in moral philosophy. A view of mature conscience that sees it as relational, with cognitive, emotional, and conative dimensions, can survive the criticisms of conscience as faculty. In Part II, through discussions of Freud, Ryle, and other modern thinkers, Langston proceeds to reconstruct conscience as a viable philosophical concept. Finally, in Part III, this better grounded concept is connected with the modern revival of virtue ethics, and Langston shows how crucial conscience is to a theory of virtue because it is fundamental to the training of any morally good person. (shrink)

Review of book on the nature of conscience and history of development of ideas about it.

Religious pluralism in healthcare means that conflicts regarding appropriate treatment can occur because of convictions of patients and healthcare workers alike. This contribution argues for a presumption in favour of respect for religious belief on the basis that such convictions are judgements of conscience, and respect for conscience is core to what it means to respect human dignity. The human person is a subject in relation to all that is. Human dignity refers to the worth of human persons (...) as members of the species with capacities of reason and free choice that enable the realisation of dignity as self-worth through morally good behaviour. Conscience is both a feature of inherent dignity and necessary for acquiring dignity as self-worth. Conscience enables a person to identify objective values and disvalues for human flourishing, the rational capacity to reason about the relative importance of these values and the right way to achieve them and the judgement of the good end and the right means. Human persons are bound to follow their conscience because this is their subjective relationship to objective truth. Religious convictions are decisions of conscience because they are subjective judgements about objective truth. The presumption of respect for religious belief is limited by the normative dimension of human dignity such that a person's beliefs may be overridden if they objectively violate inherent dignity or morally legitimate acquired dignity. (shrink)

Voir une tache rouge, éprouver une douleur soudaine à l’épaule, sentir l’odeur du café, entendre le son d’une trompette : voilà des exemples typiques de ce qu’on appelle des «expériences conscientes». Ces expériences conscientes intéressent les philosophes de l’esprit depuis longtemps, notamment car elles semblent poser un problème fondamental à la conception matérialiste du monde. Il semble en effet extrêmement difficile de comprendre comment une expérience consciente – un vécu subjectif, qualitatif, éprouvé en première personne – peut provenir du fonctionnement (...) du cerveau – un système certes complexe, mais purement matériel. Les expériences conscientes semblent tout simplement distinctes des processus purement matériels, et mettent donc en péril le matérialisme. Face à cette difficulté, de nombreux philosophes matérialistes optent pour une stratégie épistémique : ils affirment qu’il n’existe rien d’autre que de la matière et que, si le matérialisme concernant l’esprit nous semble faux, nos intuitions antimatérialistes peuvent être elles-mêmes entièrement expliquées dans un cadre purement matérialiste. -/- Cet ouvrage poursuit un triple projet. Premièrement, il entreprend d’exposer le problème de l’expérience consciente pour le matérialisme, tel qu’il se pose dans la philosophie contemporaine depuis une quarantaine d’années. Deuxièmement, il présente et critique diverses tentatives philosophiques récentes pour défendre le matérialisme en poursuivant la stratégie épistémique. Troisièmement, il avance une théorie originale visant à l’explication de nos intuitions antimatérialistes dans un cadre matérialiste, poursuivant ainsi la stratégie épistémique de défense du matérialisme. -/- La conclusion de cet ouvrage est radicale : la manière la plus satisfaisante de défendre le matérialisme, et d’expliquer nos intuitions antimatérialistes dans un cadre matérialiste, conduit à l’illusionnisme concernant la conscience. Dans cette conception, les expériences conscientes, en un certain sens, n’existent pas, mais semblent simplement exister. Nous n’avons jamais d’expériences visuelles de taches rouges, ou d’expériences de douleur soudaine à l’épaule, même s’il nous semble parfois les avoir. La conscience n’est qu’une illusion introspective. Cette illusion de conscience, ainsi que le fait crucial que cette dernière soit si difficile à nous représenter comme telle (de sorte qu’à proprement parler l’idée que la conscience soit illusoire nous frappe inévitablement comme incohérente et «absurde»), sont expliqués dans un cadre purement matérialiste. (shrink)

ABSTRACTThis chapter looks briefly at the religious roots of the notion of ‘conscience’ in the Judaeo-Christian tradition, before examining the rise in the early-modern period of a ‘naturalizing’ approach that tries to explain our moral capacities in purely empirical terms, by reference to our natural inclinations and drives. The problem with this approach, highlighted by Joseph Butler, is that it fails to account for the authority or ‘normativity’ of the deliverances of conscience. An examination of the naturalistic approaches (...) of J.S. Mill, Charles Darwin and Sigmund Freud shows that none of them manages to escape the difficulty. It is suggested in conclusion that only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives. (shrink)

Conscience is the psychological faculty by which we aware of and respond to the moral character of our own actions. It is most commonly thought of as the source of pains we suffer as a result of doing what we believe is wrong --- the pains of guilt, or “pangs of conscience.” It may also be seen, more controversially, as the source of our knowledge of what is right and wrong, or as a motive for moral conduct. Thus (...) a person who is motivated to act on principle is said to act “conscientiously.” These terms come from the Latin “conscientia,” a direct translation of the Greek “syneidesis.” This ranges in meaning from being aware of something to “knowing something in common with” someone. Knowing something in common with someone can mean sharing his secret, and this puts you in a position to serve as a witness against him. Thus the term came to have a judicial use, to describe one who could bear witness. In certain contexts, “syneidesis” came to mean a state of knowing in common with oneself, and so of bearing witness against oneself. Although these terms appear in Stoic and Epicurean works, conscience did not receive extensive philosophical treatment until the Medieval period, when treatises on conscience became standard. Medieval philosophers distinguished two aspects of conscience, “conscientia” and “synderesis.” Roughly, “synderesis” refers to the ineradicable and infallible basis of conscience in human nature, while “conscientia” refers to the more particular judgments we make about our actions. There are various ways of specifying the two ideas further. In Thomas Aquinas’s account, which became standard, synderesis grasps the basic moral principles which are the first premises of practical reasoning, while conscientia is the conclusion, the act of judging that one ought to perform a particular action. (shrink)

Conscience is an early phenomenon in everyone's life, but a philosophic knowledge of it is altogether different. Mr. Witte presents this exposition of a knotty subject to MODERN SCHOOLMAN readers.

This book walks readers through relevant Scripture passages on the topic of concience--a largely neglected topic in the church today--to offer guiding principles and practical advice for aligning our consciences with God's will.

"Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief." --From the introductionAssaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack.Showcasing the talents that have made him one of America's most acclaimed and influential thinkers, Robert P. George explodes (...) the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.In defending what James Madison called the "sacred rights of conscience"--rights for which government shows frightening contempt--George grapples with today's most controversial issues: abortion and infanticide, same-sex marriage, genetic manipulation, euthanasia and assisted suicide, religion in politics, judicial activism, and more. His brilliantly argued essays rely not on theological claims or religious authority but on established scientific facts and a philosophical tradition that extends back to Plato and Aristotle.Conscience and Its Enemies elevates our national debates. It sets forth powerful arguments that secular liberals are unaccustomed to hearing--and that embattled defenders of traditional morality so often fail to marshal. It also lays out the principles and arguments for rebuilding a moral order. (shrink)

In this volume leading ethicists and theologians address conscience, a term with loaded meaning and controversy in the Catholic Church in recent decades around issues like political participation, human sexuality, war and institutional violence, and theological dissent. Many essays in this challenging and far-ranging volume focus on the tension between the primacy of conscience (codified at Vatican II) and the processes and cultures of Catholic institutions, including schools, hospitals, and medical research facilities.