There has been a great deal of interest in medieval action theory in recent years. Nonetheless, relatively little work has been done on figures prior to the so-called High Middle Ages, and much of what has been done has focused on better-known thinkers, such as Augustine and Anselm. By comparison, Bernard of Clairvaux's treatise, De gratia et libero arbitrio has been neglected. Yet his treatise is quoted widely by such important scholars as Philip the Chancellor, Alexander of Hales, and Albertus (...) Magnus. Some historians of philosophy argue that his writings inspired the voluntarist movement that developed in the 1270s. Thus, Bernard must be seen as an important influence upon later medieval theories of action. In this paper, I examine the basic structure of his interesting account of human action and its freedom and conclude by raising some further issues connected to his work. /// Nos últimos anos assistiu-se a uma retoma do interesse pela teoria medieval da acção. Apesar disso, poucos estudos têm versado sobre os pensadores anteriores à assim chamada Alta Idade Média, para além de que esses estudos se debruçam sobretudo sobre os filósofos mais conhecidos, como é o caso de Agostinho e de Anselmo. Comparativamente, o tratado de S. Bernardo de Claraval, De gratia et libero arbítrio, não tem suscitado muita atenção crítica. Contudo, numerosos pensadores citaram este tratado, entre eles Filipe o Chanceler, Alexandre de Hales, e Alberto Magno. Vários histonadores da filosofia têm avançado a tese de que os escritos de Bernardo influenciaram o movimento voluntarista que se desenvolveu nos anos 1270. Nesse sentido, as ideias de Bernardo de Claraval tiveram um certo impacto sobre as teorias da acção que haveriam de aparecer mais tarde. No presente artigo, a autora examina as ideias do pensador medieval sobre a acção humana e a sua liberdade, terminando com o levantar de algumas novas questões sobre o tratado de Bernardo de Claraval. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on the Twofold Human Good: Reason and Human Happiness in Aquinas's Moral ScienceColleen McCluskeyDenis J. M. Bradley. Aquinas on the Twofold Human Good: Reason and Human Happiness in Aquinas's Moral Science. Washington, D. C.: The Catholic University of America Press, 1997. Pp. vii-xiv + 610.In this book, Bradley examines whether one can construct an autonomous Thomistic philosophical ethics from Thomas Aquinas's theologically flavored moral writings. In order (...) to answer this question, Bradley provides a comprehensive analysis not only of Aquinas's moral psychology, but also of the Aristotelian doctrines which to a certain extent provide its foundation. Bradley begins with a look at Aristotle's concept of a science, his notion of practical reasoning, and his accounts of deliberation, choice, and the ultimate end for human beings. Bradley also discusses Aquinas's interpretations of those theories and the extent to which Aquinas's views follow and diverge from Aristotle's writings. The metaphysical principles grounding the notions of a science, of being, and of goodness and their connections to Aquinas's ethics are noted and explained. In his discussion of the moral theory itself, Bradley frames his presentation around Aquinas's theory of action (especially its volitional aspects and the workings of practical reason) and the role of natural law, although the virtues are not neglected. Bradley's treatment throughout the book is meticulous (although in my view somewhat repetitive).The most interesting aspect of this book is Bradley's discussion of the paradoxical nature of Aquinas's ethical theory. As he notes, Aquinas's theory has a teleological orientation; his system is structured around the idea that human beings have a particular ultimate end. Aquinas argues that due to their nature, all human beings desire to attain their ultimate end. As is also well-known, Aquinas specifies that this end is the beatific vision and that only the vision of the divine essence is able to satisfy completely [End Page 118] all human desires. However, this end is not only inaccessible to human beings in this life, but one that they are unable to obtain without the aid of God's grace. But it follows from this that human beings have a natural desire that cannot be satisfied naturally, a paradoxical position, especially for an Aristotelian. For according to Bradley, Aquinas argues that although one can establish through philosophical arguments that human beings have a natural desire which only God can satisfy, no philosophical argument can establish that God, in fact, ever satisfies this desire. That God chooses to do so is a matter of faith and revelation. Thus, as far as philosophy is concerned, human beings may have been structured with an unsatisfiable desire. This violates an important Aristotelian notion about teleology, the idea that there can be no futile natural desire. The inability to satisfy a natural desire for an ultimate end renders a teleologically based system incoherent. It follows that. given his characterization of the ultimate end, a characterization that Aquinas thinks he can establish on philosophical grounds alone, his purely theological commitments are integral and necessary components of his moral system. Thus, Bradley's answer to the question he raises in the book is no, one cannot construct an autonomous Thomistic philosophical ethics from Aquinas's moral writings.In the process of arriving at this conclusion, Bradley critiques the work of two philosophers, Jacques Maritain and Santiago M. Ramirez, both of whom argue that a purely philosophical ethics can be built out of Aquinas's writings, although both maintain that Aquinas himself did not do so. Maritain and Ramirez take Thomistic philosophical ethics to retain basic Christian beliefs but to be established on the basis of natural reasoning processes alone, independently of revelation. Bradley raises a number of objections against their characterizations of Thomistic ethics, among them the worry that, ultimately, such philosophical systems are not truly independent of a theological ethics (pace Maritain) and the charge that Aquinas's characterizations of the supernatural nature of the human ultimate end is not taken seriously (Ramirez).Space permits only a cursory examination of some general concerns over Bradley's position. Bradley argues that what is fundamental to... (shrink)

The purpose of __Aquinas's Ethics__ is to place Thomas Aquinas's moral theory in its full philosophical and theological context and to do so in a way that makes Aquinas readily accessible to students and interested general readers, including those encountering Aquinas for the first time. Rebecca Konyndyk DeYoung, Colleen McCluskey, and Christina Van Dyke begin by explaining Aquinas's theories of the human person and human action, since these ground his moral theory. In their interpretation, Aquinas's theological commitments crucially shape (...) his account of the human person, human capacities for action, and human flourishing. The authors develop a comprehensive picture of Aquinas's thought, which is designed to help students understand how his concept of happiness and the good life are part of a coherent, theologically-informed worldview. Many studies of Aquinas naturally focus on certain areas of his thought and tend to assume a general knowledge of the whole. __Aquinas's Ethics_ _takes the opposite approach: it intentionally links his metaphysics and anthropology to his action theory and ethics to illuminate how the moral theory is built on foundations laid elsewhere. The authors emphasize the integration of concepts of virtue, natural law, and divine grace within Aquinas's ethics, rather than treating such topics in isolation or opposition. Their approach, presented in clear and deliberately non-specialist language, reveals the coherent nature of Aquinas's account of the moral life and of what fulfills us as human beings. The result is a rich and engaging framework for further investigation of Aquinas's thought and its applications. _"___Aquinas’s Ethics_ _is a perfect introduction to one of the most sophisticated and influential ethical systems in Western thought. DeYoung, McCluskey, and Van Dyke capture the brilliant clarity of Aquinas’s moral vision, offering an illuminating perspective true to both the theoretical depth and practical richness of Aquinas’s writings. Those new to Aquinas’s ideas will find this book eminently readable. Everyone—students and scholars alike—will appreciate its direct, distinctive voice and clear philosophical intelligence." —_Scott MacDonald, Norma K. Regan Professor in Christian Studies, Cornell University_ "__Aquinas's Ethics_ _is an excellent contribution to the literature on Aquinas and ethics, providing an integrated and robust account of the relationship between a metaphysics of human nature, natural law theory, and virtue theory. Showing these inextricable connections, it is very much like the work of St. Thomas himself, and suggests why so many lesser theories of ethics are unsatisfying for their lack of depth and comprehensive reach." —_John Kavanaugh, S.J., Saint Louis University_ “DeYoung, McCluskey, and Van Dyke have written the ideal introduction to Aquinas’s ethics, situating it in the broader context of his thinking about human nature and action. Although Aquinas cared more about—and wrote more about—ethics than about any other philosophical topic, it remains the most unjustly neglected aspect of his thought. I know of no better guide to that territory than this book.” —_Robert Pasnau, University of Colorado at Boulder_. (shrink)

Alcohol use and abuse play a major role in both crime and negative health outcomes in Scotland. This paper provides a description and ethical and legal analyses of a novel remote alcohol monitoring scheme for offenders which seeks to reduce alcohol-related harm to both the criminal and the public. It emerges that the prospective benefits of this scheme to health and public order vastly outweigh any potential harms.

This article takes restorative justice as an example of an initiative that crosses disciplinary boundaries, and that has been usefully applied within educational contexts. Grounded in criminology, restorative justice also has roots in psychology, education, sociology, peace studies, philosophy and law. The article draws on an ESRC funded seminar series which investigated interdisciplinary perspectives on restorative justice and their applicability to education. The series found that the ways in which restorative justice is conceptualised and applied varies according to disciplinary norms (...) and assumptions. It is this creative tension that the current article explores. (shrink)

The growing presence of women in the legal profession and the prominence of law as a site of feminist social change make the complex interrelationship between the media, feminism, and the law a critical concern across disciplines. Drawing on legal theory, cultural studies, journalism, political science, sociology, and communications, this book presents a collection of essays that explore how the media represents and constructs gender, law, and feminism. Arranged thematically, these twenty-three articles are the work of distinguished academics and activists. (...) The collection begins with a section on "Portrayals of Feminism in the Media", which provides historical background on the media's treatment of feminist issues. The anthology proceeds with sections entitled "Feminism, Law, and Popular Culture"; "Essentializing Gender"; and "Media Images of Violence". Giving fresh and provocative treatments to such complex and topical subjects as hate radio, Anita Hill, popular women's magazines, and the portrayal of women in film and television, Feminism, Media, and the Law is required reading for anyone interested in feminism and its relationship to the media. (shrink)

Medieval thinkers were both puzzled and fascinated by the capacity of human beings to do what is morally wrong. In this book, Colleen McCluskey offers the first comprehensive examination of Thomas Aquinas' explanation for moral wrongdoing. Her discussion takes in Aquinas' theory of human nature and action, and his explanation of wrong action in terms of defects in human capacities including the intellect, the will, and the passions of the sensory appetite. She also looks at the notion of privation, (...) which underlies Aquinas' account of wrongdoing, as well as his theory of the vices, which intersects with his basic account. The result is a thorough exploration of Aquinas' psychology which is both accessible and illuminating, and will be of interest to a wide range of readers in Aquinas studies, medieval philosophy, the history of theology, and the history of ideas. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 491-533 [Access article in PDF] Worthy Constraints in Albertus Magnus's Theory of Action Colleen McCluskey Many medieval accounts of action focus upon the interaction between intellect and will in order to explain how human action comes about. What moves agents to act are their desires for certain goals, their deliberations about their goals, and what it will take to accomplish (...) those goals and satisfy their desires. Thus, many medieval philosophers explain human action by referring to the operations of intellect or reason, which accounts for the deliberative aspect, and the will, which accounts for the desiderative aspect. This is not to say that medieval accounts ignored other influences on action such as passions or sensory desires, but that they tended to focus on the intellect and the will. The account of action developed by Albert the Great early in his career is a notable variation on this basic model. 1 Albert examined the nature of action in a number of texts written over the course of his long career, including De homine, De anima, and his commentaries on the Sentences and Nicomachean Ethics. In De homine, which is an early work, he agrees that intellect and will play important roles in the execution of action, but he argues that both the performance of an action and its freedom involve a third capacity that he calls "liberum arbitrium." Albert modified his views of action significantly in his later works, but I shall argue that this early view retains something of philosophical interest and importance.In the medieval philosophical tradition of the Latin West, beginning with Augustine in the fourth and fifth centuries and continuing well into the thirteenth century, philosophers used the term "liberum arbitrium," often translated [End Page 491] as "free choice" or "free decision," as a technical term for that power or capacity in virtue of which human beings act freely. 2 In the first half of the thirteenth century, many philosophers identified liberum arbitrium either with the will, or with both intellect and will. In De homine, Albert insists that it is a separate capacity. According to his account, liberum arbitrium is the human capacity for choice and also helps to explain the freedom of those choices. Although Albert ultimately characterizes an act of choosing as an inclination in favor of a particular course of action, a certain cognitive ability plays an important role in his account. Part of what makes human freedom possible is the ability to judge secundum rationem honesti. Literally this phrase means "in accordance with the concept of what has worth." I shall argue that this capacity consists of the ability to evaluate choices in light of one's immediate, intermediate, or ultimate objectives and to forgo lesser goods for the sake of a greater good. It would appear that an ability of this sort is a function of the intellect, since judgments about how to accomplish one's goals and which goods are the better ones require the exercise of certain abstract cognitive skills. But Albert holds that the intellect is determined and concludes that while the intellect is a necessary condition for free action, the constraints placed upon it prevent it from contributing substantially to the freedom of an action. Since the ability to judge secundum rationem honesti plays an integral role in bringing about a free action, Albert cannot argue that this ability is a function of the intellect. Although the will has the requisite freedom, it is an appetitive capacity, not a cognitive one. Therefore, it too is unable to fulfill this role. Given these commitments, it would seem natural for Albert to locate this ability in an independent power.As natural as it may appear, this position is bound to strike many philosophers as implausible and unnecessary. One could argue that the constraints placed upon the intellect need not restrict it in any significant way. I do not plan to defend Albert's account against this objection. Rather, first, I shall [End Page 492] examine Albert's view of... (shrink)

In his reply to Heloise's complaints in the fourth of the so-called personal letters, Peter Abelard draws upon the figure of the Ethiopian queen from the biblical Song of Songs, who proclaims that she is black on the outside but beautiful on the inside. While some scholars have interpreted his discussion as a commentary on the persona of a nun, this article considers what Abelard's remarks might mean for understanding the development of the concept of race in Western thought. In (...) particular, it considers whether Abelard's discussion, both in the letter and in his metaphysical writings, challenges the common position that Europeans did not develop a concept of race until at least the early modern period. It examines these texts to determine the extent to which his remarks reveal congruities or differences with later more explicit conceptions of race. (shrink)

The federal government is deeply entrenched in American public education and virtually dictates what can be taught to students. Why? At what cost? And what are the benefits to public school students? To public schools? The author challenges the constitutionality of the feds in the classroom and reminds readers that public education has, until recently, been the function of state and local governments.

Thomas Aquinas is commonly thought to hold that human beings will happiness and do so necessarily. This is taken to mean first that human beings are not able to will misery for the sake of misery and therefore not capable of pursuing misery for its own sake. Secondly, everything that human beings do will they will for the sake of happiness, and since human beings are moved to act on the basis of what they will, all of their actions are (...) performed for the sake of happiness. This claim is subject to doubt because it seems to many to be false on empirical grounds. Often, people choose things that they know and are willing to admit do not make them happy. Often, people choose things without even thinking about their happiness. Aquinas’s theory must deal adequately with such apparent counterexamples. But his account faces an objection of a different nature, an objection raised by John Duns Scotus. (shrink)