T. 1. Livres I-V -- t. 2. Livres VI-XII.

La 4e de couverture indique : "Comment se pratique la philosophie du droit en ce début de XXIe siècle à la suite des bouleversements politiques et théoriques observés lors du siècle précédent? Comment se pose la question du droit pour et dans la philosophie, et quelles sont les spécificités du rapport que les juristes nouent à la philosophie dans le déploiement de leur pratique juridique, ainsi que dans leur propre réflexion sur le droit? Les textes présents dans ce volume, rédigés (...) en l'honneur de Guy Haarscher par des amis et des collègues influencés par son travail, abordent ce questionnement en profitant, à sa suite, de la multiplicité des espaces de croisement entre les discours juridiques et philosophiques, qu'il s'agisse de la spécificité des droits de l'homme ou du droit constitutionnel dans le champ juridique, des choix moraux à l'oeuvre lors des conflits entre droits fondamentaux, de la place de la rhétorique ou de l'utilisation de la philosophie dans la procédure judiciaire, du statut réservé à la technique juridique dans la tradition philosophique occidentale, d'un légalisme commun au jusnaturalisme et au juspositivisme, d'une forme de moralité purement interne à la pratique du droit, de la question du tribunal de l'histoire ou encore du sens juridique de la laïcité.". (shrink)

This article presents a network perspective on whistleblowing. It considers how whistleblowing affects, and is affected by, the preexisting distribution of power inside and outside an organization, where power is conceptualized as deriving from the network positions of the key actors. The article also highlights four characteristic features of whistleblowing: third‐party detriment, local subversion, appeal to central or external power, and reasonable expectation of concern. The feature of local subversion succinctly explains why whistleblowing is difficult. The feature of appeal to (...) central or external power highlights that contrary to the perception of a democratizing phenomenon, whistleblowing tends to redistribute discretion away from local power toward more central power. This suggests a need for caution about institutional measures to promote whistleblowing in contexts where governance is already highly centralized. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

Opponents of biomedical enhancement frequently adopt what Allen Buchanan has called the “Personal Goods Assumption.” On this assumption, the benefits of biomedical enhancement will accrue primarily to those individuals who undergo enhancements, not to wider society. Buchanan has argued that biomedical enhancements might in fact have substantial social benefits by increasing productivity. We outline another way in which enhancements might benefit wider society: by augmenting civic virtue and thus improving the functioning of our political communities. We thus directly confront critics (...) of biomedical enhancement who argue that it will lead to a loss of social cohesion and a breakdown in political life. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

The cover image is based on the Original Article Whistleblowing and power: A network perspective by R. Guy Thomas, https://doi.org/10.1111/beer.12290. image.

Clinical ethics support (CES) for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria (CEGD) at Amsterdam University Medical Center. We specifically aimed to integrate CES (...) into daily work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

Clinical ethics support for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria at Amsterdam University Medical Center. We specifically aimed to integrate CES into daily (...) work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

Clinical ethics support for health care professionals and patients is increasingly seen as part of good health care. However, there is a key drawback to the way CES services are currently offered. They are often performed as isolated and one-off services whose ownership and impact are unclear. This paper describes the development of an integrative approach to CES at the Center of Expertise and Care for Gender Dysphoria at Amsterdam University Medical Center. We specifically aimed to integrate CES into daily (...) work processes at the CEGD. In this paper, we describe the CES services offered there in detail and elaborate on the 16 lessons we learned from the process of developing an integrative approach to CES. These learning points can inform and inspire CES professionals, who wish to bring about greater integration of CES services into clinical practice. (shrink)

Le Commentaire du Traité de l'âme d'Aristote par Thomas d'Aquin est le cinquième des commentaires fondamentaux des oeuvres d'Aristote traduits en langue française. Avec celui des Physiques, de la Métaphysique, de l'Interprétation et des Analytiques, il fonde l'édifice de la philosophie de Thomas d'Aquin et assure les contreforts de sa théologie. Ce traité se présente comme un vaste essai de définition de l'âme et principalement de l'âme humaine, avec en filigrane, une question lancinante : cette âme est-elle immortelle? (...) Si ce traité est l'un des plus courts d'Aristote, et selon ses propres termes, encore à l'état d'ébauche, il est construit avec une rigueur méthodologique qui en fait une sorte de modèle pour toute réflexion philosophique. Thomas propose une explication reconnue comme des plus limpides, et introduit à un livre encore loué deux millénaires plus tard par Hegel, Marx ou Darwin. Comme le reste de l'oeuvre d'Aristote, il connaît aujourd'hui un regain d'intérêt remarquable et le commentaire de Thomas offre un guide très sûr pour son intelligence. (shrink)

Background The first COVID-19 wave started in February 2020 in France. The influx of patients requiring emergency care and high-level technicity led healthcare professionals to fear saturation of available care. In that context, the multidisciplinary Ethics- Support Cell (EST) was created to help medical teams consider the decisions that could potentially be sources of ethical dilemmas. Objectives The primary objective was to prospectively collect information on requests for EST assistance from 23 March to 9 May 2020. The secondary aim was (...) to describe the Cell’s functions during that period. Research design This observational, real-time study of requests for Cell consultations concerned ethical dilemmas arising during a public health crisis. The EST created a grid to collect relevant information (clinical, patient’s/designated representative’s preferences and ethical principles strained by the situation), thereby assuring that each EST asked the same questions, in the same order. Participants and research context Only our university hospital’s clinicians could request EST intervention. Ethical considerations The hospital Research Ethics Committee approved this study (no. CER-2020-107). The patient, his/her family, or designated representative was informed of this ethics consultation and most met with EST members, which enabled them to express their preferences and/or opposition. Findings/results 33 requests (patients’ mean age: 80.8 years; 29 had COVID-19: 24 with dyspnea, 30 with comorbidities). 17 Emergency Department solicitations concerned ICU admission, without reference to resource constraints; others addressed therapeutic proportionality dilemmas. Discussion Intervention-request motives concerned limited resources and treatment intensity. Management revolved around three axes: the treatment option most appropriate for the patient, the feasibility of implementation, and dignified care for the patient. Conclusions COVID-19 crisis forced hospitals to envisage prioritization of ICU access. Established decision-making criteria and protocols do not enable healthcare professionals to escape ethical dilemmas. That acknowledgement highlights ethical risks, enhances the added-value of nursing and encourages all players to be vigilant to pursue collective deliberations to achieve clear and transparent decisions. (shrink)

Whether God exists is a metaphysical question. But there is also a neglected evaluative question about God’s existence: Should we want God to exist? Very many, including many atheists and agnostics, appear to think we should. Theists claim that if God didn’t exist things would be far worse, and many atheists agree; they regret God’s inexistence. Some remarks by Thomas Nagel suggest an opposing view: that we should want God not to exist. I call this view anti-theism. I explain (...) how such view can be coherent, and why it might be correct. Anti-theism must be distinguished from the argument from evil or the denial of God’s goodness; it is a claim about the goodness of God’s existence. Anti-theists must claim that it’s a logical consequence of God’s existence that things are worse in certain respects. The problem is that God’s existence would also make things better in many ways. Given that God’s existence is likely to be impersonally better overall, anti-theists face a challenge similar to that facing nonconsequentialists. I explore two ways of meeting this challenge. (shrink)

Résumé : Le thème de la Métaphysique de l’acte d’être a connu un succès jamais démenti au cours du siècle dernier, avec des auteurs comme Gilson, Maritain ou Fabro, pour ne citer que les plus célèbres. Pourtant, des questions de fond n’ont jamais reçu de réponse satisfaisante, et ont laissé le sentiment d’une doctrine inachevée et inachevable. Trois observations contribuent à cette insatisfaction : la quasi-absence d’une telle problématique chez Thomas d’Aquin, les désaccords entre certains points de la théorie (...) ainsi qu’entre les auteurs, et les incompatibilités avec certains thèmes centraux de la philosophie de Thomas d’Aquin. - Abstract: The theme of the Metaphysics of the act of being has known a never denied success over the last century, with authors like Gilson, Maritain or Fabro, to name only the most famous. Nevertheless, some important questions have never been fittingly answered, and have left the feeling of an unachieved and unachievable doctrine. Three observations contribute to this disappointment : a quasi-absence of such a problematic in Thomas Aquinas, contradictions between certain points of the theory as well as between the authors, and incompatibilities with certain central themes of the philosophy of Thomas Aquinas. (shrink)

Chapter 3 surveys objectivity in the natural sciences. Thomas Kuhn problematized the logicist understanding of the objectivity or rationality of scientific change, providing a very different picture than that of the cumulative or step-wise progress of theoretical science. Theories often compete, and when consensus builds around one competitor it may be for a variety of reasons other than just the direct logical implications of experimental successes and failures. Kuhn pitted the study of the actual history of science against what (...) Hans Reichenbach referred to as the “logical substitutes” logicists used to reconstruct the rationality of theory change. Such substitutes were promoted to show that theory confirmation is a purely epistemic affair, where purely epistemic implies purely inferential. But where the positivists saw logical compulsion as the reason for theory change, Kuhn saw psychology in values as relevant to how theories are actually confirmed or accepted by the scientific community. (shrink)

Thirty years after the publication of Thomas Kuhn’s The Structure of Scientific Revolutions, sharp disagreement persists concerning the implications of Kuhn’s "historicist" challenge to empiricism. I discuss the historicist movement over the past thirty years, and the extent to which the discourse between two branches of the historical school has been influenced by tacit assumptions shared with Rudolf Carnap’s empiricism. I begin with an examination of Carnap’s logicism --his logic of science-- and his 1960 correspondence with Kuhn. I focus (...) on problems in the analysis applied to the unit of metascientific study or appraisal, arguing for a reassessment of historicist treatment of the internal/external distinction and historiographic meta-methodology. The critique of objectivism and relativism that eventuates from this re-assessment is a double-edged blade, undercutting both objectivist and relativist treatments of cognitive evaluation and scientific change. I use it to cut across an otherwise diverse group of historicist-influenced writers, including Imre Lakatos, Larry Laudan, H. M. Collins, Stephen Stich. I. Introduction.. (shrink)

Carl Schmitt, the author of such books as Political Theology and The Crisis of Parliamentary Democracy, was one of the leading political and legal theorists of the twentieth century. His critical discussions of liberal democratic ideals and institutions continue to arouse controversy, but even his opponents concede his uncanny sense for the basic problems of modern politics.Political Romanticism is a historical study that, like all of Schmitt's major works, offers a fundamental political critique. In it, he defends a concept of (...) political action based on notions of good and evil, justice and injustice, and attacks the political passivity entailed by the romanticization of experience.The book has three strands. The first is an attack on received notions of the origins of the Romantic Movement. Schmitt argues that this movement represents a secularization, subjectification, and privatization in which God is replaced by the emancipated, private individual of the bourgeois social order. The second is an assault on political romanticism that includes a broader attack on the new European bourgeoisie, which Schmitt characterizes as the historical bearer of the movement.The third strand is a defense of political conservatism and a refutation of the view that political romanticism is intrinsically linked with romanticism. Here Schmitt argues that the political romantic is tied not to positions but to aesthetics, and can therefore as easily become a Danton as a Frederick the Great.Guy Oakes's introduction places the book in historical context and also suggests its continuing relevance through his discussion of the latest outcropping of political romanticism in the late 1960s, intriguingly brought out in his example of Norman Mailer as a political romantic.Political Romanticism is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

The argument according to which there can be no demonstration that divine creative causality precludes human freedom unfolds in the context of St. Thomas’s understanding of choice and of the relation of God to the world. The gist of the argument is that any demonstration of the nature or characteristics of some effect from the cause of that effect supposes some knowledge of the nature ofthe cause. To the contrary, we know nothing of the nature of the divine causality, (...) which is one with the divine being, and therefore etc. Before the argument, there is a word on God and second causes; on necessity and contingence; on transcendent causality; and on why it seems that creation precludes human freedom. (shrink)

C’est un véritable Discours de la Méthode qu’Aristote nous livre avec son traité de la démonstration intitulé Seconds Analytiques. Avec lui, l’auteur parvient au sommet de l’art logique dont il est le véritable inventeur.

All the passages are from the writings and translations of Thomas Taylor.

Karl Rahner Karl Rahner was one of the most influential Catholic philosophers of the mid to late twentieth century. A member of the Society of Jesus and a Roman Catholic priest, Rahner, as was the custom of the time, studied scholastic philosophy, through which he discovered Thomas Aquinas. From Aquinas’ epistemology and philosophical … Continue reading Rahner, Karl →.

With this second dialogue, Salviati wants to remove Simplicio’s difficulties on the actual distinction of essence and being as well as on the notion of the act of being (actus essendi). Feeling that he had skipped stages in their first dialogue, he suggests going back to the determination of the exact subject of metaphysics according to Thomas Aquinas. He will progress in two steps: the transition from «first perceived being» to «common being» or «being as being» by a judgment (...) of separation, and then the definition of the subject of metaphysics as «being negatively or neutrally immaterial». With this conclusion, Salviati intends to lead Simplicio to understand the autonomy of the principles of metaphysics towards philosophy of nature. Simplicio remains curious but dubious. Is not the negatively immaterial being a simple dialectical notion that Salviati would take for a metaphysical one? Is the independence of metaphysics from physics therefore also ensured? And consequently, is there actually a difference between the first perceived being and the common being, subject of metaphysics? What is, actually, the subject of metaphysics? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Review Essay:Aquinas, Modern Theology, and the TrinityGuy Mansini O.S.B.As one would expect from his Incarnate Lord, Thomas Joseph White's Trinity is no exercise in historical theology, although of course it calls on history, but aims to give us St. Thomas's theology as an enduring and so contemporary theology that both respects the creedal commitments of the Catholic Church and offers a more satisfying understanding of the Trinity (...) than anything proposed by the great theologians, Catholic and Protestant, of the past hundred years.1 The Trinity, however, gives a more complete and satisfying view of its subject than does The Incarnate Lord.Can St. Thomas really be fruitfully located within the dialectic of nineteenth- and twentieth-century Trinitarian speculation? Yes, and it is one of White's principal contributions to show how St. Thomas's medieval contemporaries, the early Franciscans on the one hand and William of Ockham on the other, remotely but really adumbrate nineteenth- and twentieth-century theological positions, once due attention is paid to the key issues of the analogical naming of God and his knowability. The reader is thus assured that Aquinas's original project was composed with some awareness of temptations and alternatives repeated (though not exactly, of course) in modern thought. It should be added that St. Thomas is by no means treated as the only systematic theological authority for Trinitarian theology, but White recognizes his paradigmatic place in the Catholic theological tradition. [End Page 1415]The most important issue for assessing the enduring value of Thomas's Trinitarian theology, then, whether in the thirteenth century or twentieth century, turns out to be the applicability and centrality of the psychological analogy for an understanding of the immanent intelligibility of the Trinity, an analogy suggested by Scripture, and developed by the Cappadocians, St. Augustine, St. Thomas, and other medieval writers, not to mention John Henry Newman and Matthias J. Scheeben.What is the status of this analogy? Olivier-Thomas Venard laconically describes it as "revealed"—too hot. Michael Maria Waldstein has recently argued vigorously and at length that it is not revealed at all—too cold. White does not discuss this in detail but is satisfied with saying that it is "derived" from Scripture—just right. However one thinks this question is to be resolved, White robustly defends the psychological analogy as a proper analogy and as the only systematic theological instrument ever offered by the theological tradition that succeeds in providing real understanding of the immanent life of the Trinity, one that preserves the transcendence of God and honors the dogmatic tradition of the Church bearing on the nature of God and the Trinity of persons—Nicaea, Lateran IV, and Vatican I, especially. This is how he does it in chapter 22.1. We know the mystery of interior Trinitarian life based on God's manifestation of it to us in the economy of salvation via the missions of Word and Spirit, which disclose to us distinct personal processions.2. Such processions are either immanent or transitive.3. But transitive processions terminate in some substance distinct from whence they emanate.4. God, however, is one in nature (essence, substance) both specifically and numerically.5. Therefore, the processions are immanent to the godhead.6. However, there are only two immanent immaterial activities known to us, that of knowing and that of loving.7. Therefore, we cannot have some understanding of the mystery of interior Trinitarian life except by analogy with these two [End Page 1416] activities. That is to say, we know the mystery of the Trinitarian life according to the "psychological model" or not at all.This argument can be re-phrased with more pointed reference to modern theologies of the Trinity.1. If we wish to understand the mystery of the immanent Trinitarian life of distinct persons, but not by way of immanent activities and processions, then we must appeal to transitive activity to account for the distinction of persons.2. Transitive divine activity can be conceived of (1) as creative, (2) as within creation relative to its history (the continental way), or (3) as taking place between three already constituted divine individuals, relating transitively to one... (shrink)

Bate shares with Thomas Aquinas the common scholastic world-view, in which Aristotle’s philosophy of nature, psychology, ethics and metaphysics are interpreted against a Christian-Neoplatonic background. Nonetheless, an analysis of the Platonizing and often anti-Thomistic interpretations of Aristotle which are developed in the Speculum divinorum shows that Bate cannot be characterized as a Thomist, but rather is a compiler who endeavors to bring different philosophies into harmony.

Bate shares with Thomas Aquinas the common scholastic world-view, in which Aristotle’s philosophy of nature, psychology, ethics and metaphysics are interpreted against a Christian-Neoplatonic background. Nonetheless, an analysis of the Platonizing and often anti-Thomistic interpretations of Aristotle which are developed in the Speculum divinorum shows that Bate cannot be characterized as a Thomist, but rather is a compiler who endeavors to bring different philosophies into harmony.

Henri Bate de Malines a développé dans son Speculum divinorum une théorie de l’intellect profondément influencée par Averroès et Thomas d’Aquin, mais qui ne peut être considérée ni comme averroïste ni comme thomiste. Dans sa perspective néoplatonicienne, l’intellect agent est la forme immanente et transcendante du corps humain, tandis que l’intellect possible est un étant relatif et privatif.

Over the last decades, the Commissio Leonina has built up a very strong reputation. Editions such as theSentencia libri De anima and the Sentencia libri de sensu et sensato by R.-A. Gauthier or the commentaries on Boethius by P.-M. Gils, L.-J. Bataillon and C.A. Grassi have set new philological standards, not only because of their fine critical introductions and excellent reconstructions of Thomas Aquinas’ texts, but also because of their rich and accurate apparatus fontium. It may be doubted, however, (...) whether the present edition of De spiritualibus creaturis by Father J. Cos lives up to the same high standards. (shrink)

The aim of this paper is to criticise the well-discussed Principle of Procreative Beneficence (PB) lately refined by Julian Savulescu and Guy Kahane. First, it is argued that advocates of PB leave us with an implausible justification for the moral partiality towards the child (or children) reproducers decide to bring into existence as compared with all other individuals. This is implausible because the reasons given in favour of the partiality of PB, which are based on practical reason and common-sense morality, (...) can just as well be used to guide reproducers to make choices that do not support partiality towards one’s possible children. This seems to be true as least in some situations. Secondly, it is argued that Jakob Elster’s recent critique of PB is problematic, and specifically that a counterexample designed by Elster to criticise PB because of its partiality towards one’s own children misses the target. Finally, a genuine counterexample to PB is developed in order to show that the partiality of PB means it gives the wrong answer in a specific case. (shrink)