According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute (...) even pro tanto reasons for exemptions. Rather, they are what Francis Bacon called idola fori – ‘idols of the marketplace’– conventional justifications that are deemed rational and even self- evident, while in fact they are not. (shrink)

Hegel presents significant accounts of “conscience” (Gewissen) at decisive moments both in the early Phenomenology of Spirit and the Philosophy of Right. In spite of some important similarities between these accounts, they present deeply different, perhaps even inconsistent, understandings of the nature and value of individual conscience. Roughly, on the Philosophy of Right account, conscience is fundamentally something inward and individualizing, requiring transformation if it is to be integrated into the social institutions and practices that constitute modern (...) “ethical life.” By contrast, in the Phenomenology of Spirit, conscience is always already fundamentally social, entailing demands that individuals both realize their convictions in actions that are, in principle at least, available to others, and that they be able discursively to articulate, justify, and, in some cases, modify their convictions in relation to others. Drawing on this contrast between two understandings of the nature and value of conscience, I consider two models of the liberty of conscience. On the first model, the liberty of conscience fundamentally entails the need for the protection of an inward sphere over which institutions ought not to attempt to exercise coercive influence. On the second, the liberty of conscience entails acknowledging the discursive and social character of conscience, so that, while individuals should be entitled to a sort of moral autonomy, that autonomy entails an equal demand to be able to justify their convictions to others, and to respond reasonably to the claims that others make on them. I argue that Hegel’s concept of “spirit,” which suggests that selfhood is fundamentally a product of concrete relations among individuals, provides stronger support for the second model of the liberty of conscience. (shrink)

In Western thought, it has been persistently assumed that in moral and political matters, people should rely on the inner voice of conscience rather than on external authorities, laws, and regulations. This volume investigates this concept, examining the development of the Western politics of conscience, from Socrates to the present, and the formation of the Western ethico-political subject. The work opens with a discussion of the ambiguous role of conscience in politics, contesting the claim that it is (...) the best defense against totalitarianism. It then look back at canonical authors, from the Church Fathers and Luther to Rousseau and Derrida, to show how the experience of conscience constitutes the foundation of Western ethics and politics. This unique work not only synthesizes philosophical and political insights, but also pays attention to political theology to provide a compelling and innovative argument that the experience of conscience has always been at the core of the political Western tradition. An engaging and accessible text, it will appeal to political theorists and philosophers as well as theologians and those interested in the critique of the Western civilization. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

Philosophers have often posited a foundational calling voice, such that hearing its call constitutes subjects as responsive and responsible negotiators of normative claims. I give the name ldquo;transcendental conscience to that which speaks in this founding, constitutive voice. The role of transcendental conscience is not – or not merely – to normatively bind the subject, but to constitute the possibility of the subject's being bound by any particular, contentful normative claims in the first place. I explore the ontological (...) and temporal status of transcendental conscience, using Heidegger's account of conscience in Being and Time as my textual touchstone. I ask what performative structure the call of conscience might have that would enable it to constitute normative responsiveness, and I raise some temporal conundrums surrounding this structure. I argue that it is incoherent to attempt to give a literal, chronological account of the origin of normative grip and response. I suggest that we can best understand the founding calls of conscience, not as literal events occurring in regular time, but as events that can only show up retrospectively, as occurring in an ever-receding, unlocalizable past, and that these calls can only be figured mythically and metaphorically. Appropriating a Derridean term, I claim that the voice of transcendental conscience must be that of a lsquo;ghost, whose call binds us by haunting us – a haunting that is no less transcendentally necessary for its inability to be translated into a literal historical event. (shrink)

When evaluating religious accommodation claims, courts refrain from examining the relationship between the specific claim and the common religious practice of the relevant religion. This paper rethinks this doctrine. I argue that it stems from understanding religious accommodation as a protection of conscience. This idea itself suffers from conceptual and practical challenges, which can be mitigated if we understand religion as a communal function of conscientious actions. The communal aspect bears practical and moral significance, and I explore three dimensions (...) of it: the epistemic implications; its effect on constituting moral obligations toward others; and its importance as part of one’s culture. A communal-conscientious approach to religion can mitigate many challenges that confront conscience accommodation. This suggests that the relationship between the individual’s claim and their communal practice is crucial and should be evaluated by courts. I conclude by outlining the main considerations for creating a new, nuanced doctrine. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When (...) thus juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals (if repeated) (...) are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

RESUMO: A presente incapacidade de o ser humano estar em casa no mundo encontrou expressão numa crise “ecológica” que possui elementos éticos, políticos e ontológicos. Partindo de uma breve elaboração do sentido dessa crise “ecológica” e da sua relação com a própria constituição do ser do humano, este artigo procura traçar um percurso, no quadro do pensamento arendtiano, da relação entre o sentido do ser do humano, a questão da banalidade do mal, a atividade de pensar e o surgimento da (...) consciência moral. Para tanto, o texto faz uso de ferramentas de análise e de descrição fenomenológico-existenciais, para chegar a um tipo de normatividade que não brota de uma necessidade formal dada, mas da própria contingência da fatualidade existencial, isto é, da liberdade, a qual se estabelece como condição de toda a ação, descobrindo-lhe assim a sua própria medida. ABSTRACT: The human being’s current inability to be at home in the world has found expression in an “ecological” crisis which has ethical, political and ontological elements. Beginning with a brief elaboration on the meaning of that “ecological” crisis and its relation with the human’s own constitution of being, this paper aims at drawing a path, within Arendtian thought, between the meaning of the being of humans, the issue of the banality of evil, thinking and the emergence of conscience. To that effect, this paper uses phenomenological-existential tools of analysis and description to arrive at a type of normativity that emerges not from any kind of formal necessity, but from the existential factuality’s contingency itself, that is, from freedom, which is established as a condition for all action, thus finding it its own measure. (shrink)

Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...) with political and legal philosophy and comparative law, his contextualist and pragmatic approach is a powerful antidote against oversimplification and dogmatism with regard to exemption claims. Unsurprisingly, Greenawalt’s approach comes at times dangerously close to casuistry, and some of his analyses and normative recommendations would benefit from a firmer footing in moral principles and rational argumentation. In this review, I flesh out some of the strengths and limits of Greenawalt’s valuable book. (shrink)

Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...) with political and legal philosophy and comparative law, his contextualist and pragmatic approach is a powerful antidote against oversimplification and dogmatism with regard to exemption claims. Unsurprisingly, Greenawalt’s approach comes at times dangerously close to casuistry, and some of his analyses and normative recommendations would benefit from a firmer footing in moral principles and rational argumentation. In this review, I flesh out some of the strengths and limits of Greenawalt’s valuable book. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests of (...) pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

RESUMEN: En el presente artículo se intentará demostrar que la libertad de conciencia y religiosa conforman un único derecho que tienen como fin proteger las creencias e ideologías de las personas, independientemente de su carácter religioso o secular. Por ende, se sostendrá que la fórmula adoptada por el sistema jurídico colombiano de promover el fenómeno religioso es contraria al principio de igualdad porque privilegia una visión del mundo teísta frente a otras visiones, también válidas en un Estado constitucional y pluralista (...) como el colombiano.ABSTRACT: In this article we will try to demonstrate that the freedom of conscience and religion constitute a single right that have as a purpose to protect the beliefs and ideologies of people, regardless of their religious or secular character. Therefore, it will be argued that the formula adopted by the Colombian legal system to promote the religious phenomenon is contrary to the principle of equality because it privileges a view of the theist world against other visions, also valid in a constitutional and pluralist state like Colombia.PALABRAS CLAVES: libertad de conciencia, libertad religiosa, estado laico, neutralidad religiosa, separación KEYWORDS: freedom of conscience, religious freedom, secular state, religious neutrality, separation. (shrink)

Legal assessment of the provisions of the Federal Law "On Freedom of Conscience and Religious Associations", which contradict the Constitution of the Russian Federation and generally accepted norms of international law.

This article explores silence and the ethics of conscience through a study of the life and late letters of Sir Thomas More. More's silence is a paradigm case for the contest of conscience under conditions of tyranny, and it is one of the most influential in the formulation of principles of conscience and human rights in modern constitutional democracies. The article focuses on More's prosecution by King Henry VIII, and offers close analysis of the concept of (...) class='Hi'>conscience discussed in his last letters. The approach is historical and philosophical, and puts More's case in dialogue with other classic and modern texts on the ethics of conscience. Emphasis is placed on More's principle of self-determination as essential to conscience. (shrink)

The nature and limits of the physician's professional responsibilities constitute core topics in clinical ethics. These responsibilities originate in the physician's professional role, which was first examined in the modern English-language literature of medical ethics by two eighteenth-century British physician-ethicists, John Gregory and Thomas Percival. The papers in this annual clinical ethics number of the Journal explore the physician's professional responsibilities in the areas of surgical ethics, matters of conscience, and managed care.

… no physician, in so far as he is a physician, considers his own good in what he prescribes, but the good of his patient, for the true physician … is not a mere money-maker.A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care.[We] are agents. Our constitution is put in our power. We are charged with (...) it; and therefore are accountable for any disorder or violation of it.Conscience is a sense of duty that inhibits and prompts conduct by threatening distress for noncompliance. Liberty—to live according to the dictates of one's conscience and not to be compelled to live in... (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

Huck Finn’s emotional responses constitute perfectly good moral reasons not to betray his friend, even though Huck is unable to recognise them as such.

This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic (...) schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth. (shrink)

In his hermeneutic of the self, which he is working out in his Oneself as another , Ricœur writes about the constitutive conditions of conscience as a dimension of the experience of passivity. For the following considerations, I will argue that Ricœur is very right in maintaining the moral impact of the notion of conscience; but if we on the other hand remember older writings by Ricœur like Fallible Man we have to admit that something is missed in (...) the chapter about conscience in Oneself as Another . And that means, that in Oneself as Another he neglects the affective dimension of conscience. This affective dimension is - I think - the notion of shame. Dans Soi-même comme un autre où s'élabore son herméneutique du soi, Paul Ricœur réfléchit sur les conditions constitutives de la conscience comme expérience de la passivité. Pour les considerations suivantes, je souhaiterai montrer que Ricœur a tout à fait raison de plaider pour la dimension morale de la notion de conscience. Mais, d'un autre côté,si l'on se souvient des écrits plus anciens de Ricoeur sur l'Homme faillible , nous sommes tenus d'admettre que, au cours du chapitre sur la conscience dans Soi-même comme un autre , quelque chose est perdu de vue. Nous voulons signifier que, dans ce chapitre, il néglige la dimension affective de la conscience. Cette dimension affective est, nous semble-t-il, la notion de honte.  . (shrink)

The philosophical understanding of moral conscience should constitute one of the most significant concerns of any modern theory of moral education that wishes to be credible and reliable in all morally demanding situations. The purpose of this paper is not to contest the widely accepted notion of conscience as the absolute mark of our moral and spiritual integrity. The purpose of the paper is to postulate and stress the importance of certain "contextual" factors without which modern teaching of (...) moral conscience could very easily lose its certainty and significance. It is argued that unless we make such assumptions, our following the dictates of individual conscience could become a trivial and redundant affair, because nothing could prove that this act is something more than "listening to one's inner voice". In the light of this, the paper proposes a qualified theory that avoids looking at individual conscience as a formal schema and embraces it within the broader framework of the educational demands raised by modern democratic culture. (shrink)

1891. The recovered manuscript of Aristotle's Constitutional History of Athens, now for the first time given to the world from the unique text in the British...

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic (...) legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics. (shrink)

The essay compares Ricœur’s and Levinas’s conceptions of the constitution of conscience in the sense of German Gewissen. Beginning with Ricœur’s basic distinction between “identity-idem” and “identity-ipse” it shows the proper place of conscience in his conception. For Ricœur conscience is a finite category of otherness as related to the self, i.e. its most interior, intrinsic otherness. For Levinas, on the other hand, conscience – the other in the same – is an initiatory category, which (...) is described in terms of absolute passivity, persecution and substitution. In conclusion Ricœur´s critique of Levinas’ category of “the Other” is examined on the background of Levinas’ conception of subjectivity as a vocation for Good. (shrink)

The review analyzes the book The Conscience’s Double by Georgy Chernavin. I focus on the concepts of false twins of conscience, guilt, and duty in the extended context of philosophical and artistic discourse. The problem of the difference between conscience and its ersatz forms, which give rise to a distorted ethical consciousness, is considered. The main emphasis is opportunistic conscience, neurotic guilt, and false debt. The review suggests that Chernavin’s book studies the “sad theory” of moral (...) disorientation and requires the supplementation with a hypothetical “cringe theory.” In this case, the “sad theory” makes it possible to expand the phenomenological discourse by including a discussion of conscience, illustrating the uncertainty of the boundaries between the phenomenological and the symbolic, and highlighting the subject’s dependence on what they are not. In this work, there is a potential for developing an original ontology of the relationship between conscience and its evil counterpart, especially between a “spiritually sighted” and a “blindly corporeal” person. The scrutinized guilt for the lost absence of guilt is an experience that, although not lived, is important for the subject’s self-constitution. This experience, like the inner side of the subject, determines its conscious functioning and forms something like a Mobius strip. An Evil Genius makes this bond, and I am trying to conceptualize their “weakened” being. (shrink)

This article discusses the importance of ‘public conscience’ in B. R. Ambedkar’s political thought. Ambedkar consistently defended public conscience as a democratic value in his writings and speeches. Public conscience referred to collective responsibility, social justice and the public deliberation of what constitutes the social good. Ambedkar consistently expressed the unequivocal belief that public conscience would bring about a moral transformation in Indian society through a collective ethical stance against all forms of social oppression. He conceptualized (...) public conscience as a method by which a democratic and ethical Indian society could come about and flourish. This article interrogates his ideas concerning public conscience through a detailed reading of his works, focusing particularly on his 1943 speech, Ranade, Gandhi and Jinnah. (shrink)

What does the Chilean Constitution say about euthanasia? When we read the Chilean Constitution we cannot find the word “euthanasia” in the text, and there is no such thing as a right to die, therefore the answer should apparently be that the Constitution does not say anything about euthanasia and, in short, euthanasia is not allowed. However, on a second reading we can find out some statements from which we can infer another answer. My aim is to (...) show that there is room for the acceptance of euthanasia in the Chilean Constitution, and in other similar Constitutions and international regulations in which freedom of conscience is granted. (shrink)

I argue that appeals to conscience do not constitute reasons for granting healthcare professionals exemptions from providing services they consider immoral. My argument is based on a comparison between a type of objection that many people think should be granted, i.e. to abortion, and one that most people think should not be granted, i.e. to antibiotics. I argue that there is no principled reason in favour of conscientious objection qua conscientious that allows to treat these two cases differently. Therefore, (...) I conclude that there is no principled reason for granting conscientious objection qua conscientious in healthcare. What matters for the purpose of justifying exemptions is not whether an objection is ‘conscientious’, but whether it is based on the principles and values informing the profession. I provide examples of acceptable forms of objection in healthcare. (shrink)

The phenomenon of conscience as articulated in Roman Catholic moral theology has at least three dimensions: a fundamental and universal call to moral goodness; the search for moral truth; and a commitment to act in a particular way. Recent moral theology has tended to focus on the latter two dimensions, but there has been a strong call from Thomas Ryan for attention to the first dimension of conscience, especially its constitution in ‘horizontal relationality’. In this article I (...) respond to Ryan's call, and demonstrate that the philosophy of Emmanuel Levinas can show how the experience of conscience is constituted in horizontal relationality, as well as that it supports an understanding of conscience as a universal call to responsibility. Correlatively, and perhaps more significantly, the introduction of Levinas’ philosophy into the discussion of conscience sheds light on a significant aspect of this call to moral responsibility. This highlights that the Roman Catholic understanding of conscience has ethical consequences for theology more broadly considered in terms of understanding why it is impossible to set aside considerations of responsibility in the search for truth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

When physicians today appeal to “conscience,” it has been alleged such exercises pejoratively reflect “conscience without consequence” as contemporary practitioners are said to be insulated from the consequences of such decisions. It has also been implied these physicians avoid traditional professional responsibilities—including providing charity care and making house or night calls. The assertions demand clarification. Fundamentally, what traits constitute an integrated professionalism specific to Christian physicians? Historical evidence verifies sanctity-of-life affirmations by Christian physicians throughout Church history. However, surveying (...) Christian medical practices in the initial centuries of the Common Era, and more recently in the United States, supports integration of conscience with philanthropy and a rigorous definition of a medical vocation. These suggest there may be deterioration in a holistic commitment to medicine in the United States. Reclaiming an integrated professional paradigm—wherein conscience, philanthropia, and vocation are combined—is essential to an authentic contemporary witness. (shrink)

I argue that appeals to conscience do not constitute reasons for granting healthcare professionals exemptions from providing services they consider immoral (e.g. abortion). My argument is based on a comparison between a type of objection that many people think should be granted, i.e. to abortion, and one that most people think should not be granted, i.e. to antibiotics. I argue that there is no principled reason in favour of conscientious objection qua conscientious that allows to treat these two cases (...) differently. Therefore, I conclude that there is no principled reason for granting conscientious objection qua conscientious in healthcare. What matters for the purpose of justifying exemptions is not whether an objection is ‘conscientious’, but whether it is based on the principles and values informing the profession. I provide examples of acceptable forms of objection in healthcare. (shrink)

There were two prevailing sentiments in Europe after the Reformation: One opposing papal authority and one advocating individual freedom. This paper analyzes these two sentiments and finds that the concept of conscience is crucial in understanding them. The issue of conscience is about judging truth and good, and in initiating the Reformation, Martin Luther heavily appealed to his conscience while countering Catholic attacks. With the wide dispersal of the Reformation, Luther’s notion of conscience was well received (...) among his supporters throughout Europe. Descartes later transformed Luther’s conscience into an epistemological being (the cogito ), and argued that its existence was the only valid thing that survived his thorough skepticism — and as such is the foundation of human knowledge. Rousseau continued this line of thinking, which we call subjectivism, and re-employed the term conscience as a replacement for cogito , holding that conscience is the final authority in judging good and bad; that, as the starting point of human existence, it cannot be withheld from any human being; and that it therefore constitutes an inalienable human right. This paper argues that the Enlightenment was a subjectivist movement propelled by this conscience- cogito -conscience conceptualization, and that it sought to enlighten this inalienable conscience. (shrink)

In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex (...) marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms. (shrink)