Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as “given” even though it is dynamic and constantly under construction. Most lawyers do not (...) make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because clients often can achieve their objectives when their lawyers crudely manipulate the symbols of law, these endeavors pay very well. Well-paid lawyers tend not to ask too many questions. Consequently, semiotics is, at best, misunderstood by lawyers; more likely it is wholly unknown. A lawyer’s avowed instrumentalism is the very problem to be addressed in this regard. For the scope of discussion, I refer to Vico’s famous On the Study Methods of Our Time and draw my conclusion for the lawyer of our time. (shrink)

Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy. This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve (...) leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century. (shrink)

Legal practice exemplifies the activity of hermeneutical understanding. This chapter explores the dynamic of legal interpretation by focusing on key topics in the philosophical literature. It considers Gadamer's critical distinction between a legal historian writing about a law in the past and a judge deciding a case according to the law. The chapter then reanimates the natural law tradition against the reductive characteristics of legal positivism, reconfiguring the debate by construing man's nature as hermeneutical. Finally, it describes how philosophical hermeneutics (...) grounds critical legal theory rather than serving as a quiescent acceptance of the status quo, drawing from the famous exchanges between Gadamer, Ricoeur, and Habermas. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. (shrink)

Karl Llewellyn and the course of philosophy in American law -- Philosophical perspectives on law -- Areas of philosophy and their relationship to law -- Philosophical examinations of legal issues -- Law, rhetoric, and practice theory -- Commentaries-- Questioning the relationship between philosophy and American Law.

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of (...) Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together. (shrink)

Catholics and Evangelical Protestants often find themselves on the same side on a variety of issues in bioethics. However, some Evangelicals have expressed reluctance to embrace the natural law reasoning used by Catholics in academic and policy debates. In this article, I argue that the primary concerns raised by Evangelicals about natural law reasoning are, ironically, concerns expressed by and intrinsic to the natural law tradition itself. To show this, I address two types of Protestant critics: the Frustrated Fellow Traveler (...) and the Solo Scripturist. (shrink)

In her ground-breaking 1971 article, “A Defense of Abortion,” Judith Jarvis Thomson argues that even if one grants to the prolifer her most important premise—that the fetus is a person—the prolifer’s conclusion, the intrinsic wrongness of abortion, does not follow. However, in her 1995 article, “Abortion: Whose Right?,” Thomson employs Rawlsian liberalism to argue that even though the prolifer’s view of fetal personhood is not unreasonable, the prochoice advocate is not unreasonable in rejecting it. Thus, because we should err on (...) the side of liberty, the right to abortion is vindicated. In this article, I argue that Thomson’s latter reliance on Rawlsian thinking suggests a way of re-reading her earlier essay that casts doubt on whether she really grants the dominant prolife account of unborn human life. (shrink)

In this paper I will critically analyze the first part of David Hume’s argument against miracles, which has been traditionally referred to as the in-principle argument. However, unlike most critiques of Hume’s argument, I will (1) present a view of evidential epistemology and probability that will take into consideration Hume’s accurate observation that miracles are highly improbable events while(2) arguing that one can be within one’s epistemic rights in believing that a miracle has occurred. As for the proper definition of (...) a miracle, I offer the following, which I believe most religious people generally mean when they call an event miraculous: "A miracle is a divine intervention that occurs contrary to the regular course of nature within a significant historical-religious context". Although I am fully aware that this definition has its detractors, it will merely function in this paper as a working definition so that we can come to grips with Hume’s argument. This definition has been. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the most (...) fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

This article is a response to Barbara Forrest’ 2011 Synthese article, “On the Non-Epistemology of Intelligent Design.” Forrest offers an account of my philosophical work that consists almost entirely of personal attacks, excursions into my religious pilgrimage, and misunderstandings and misrepresentations of my work as well as of certain philosophical issues. Not surprisingly, the Synthese editors include a disclaimer in the front matter of the special issue in which Forrest’s article was published. In my response, I address three topics: (1) (...) My interest in Intelligent Design (ID) and public education and why as a Thomist I have grown more skeptical and explicitly critical of ID over the years, (2) the sorts of philosophical mistakes with which Forrest’s article is teeming, and (3) my Christian faith, religious exclusivism, and interfaith dialogue. (shrink)

Understanding certainly does not mean merely the taking over of traditional opinion or the acknowledgment of what has been enshrined by tradition. Heidegger, who had first identified the concept of understanding as a universal determination of Dasein, means thereby precisely the character of understanding as project, which is really to say, Dasein in its orientation toward its own future. At the same time, I do not wish to deny that I for my part have emphasized within the universal matrix of (...) the elements of understanding its direction toward the appropriation of what is past and has been handed-down. Heidegger, too, like many of my critics, may here feel the absence of an ultimate radicality in drawing out consequences. What does the end of metaphysics as a science mean? What is the significance of its ending in science? If science climaxes in a total technocracy and brings on with it the “cosmic night” of the forgetfulness of being, the nihilism foretold by Nietzsche, is one then permitted to look back toward the last rays of dusk as the sun sets in the evening sky instead of turning to watch out for the first shimmer of its return? (shrink)

In 1970, exactly fifty years ago, I took entrance examinations in Hebrew and Greek to begin studies at the Pontifical Biblical Institute, Rome. I have shared in various ministries since then, sometimes in positions that distracted from my academic interests. Nevertheless, I have been a privileged 'insider' to the development of critical studies of the New Testament over the past fifty years. Given my history, the title of this essay shamelessly plagiarises Geoffrey Blainey's delightful recollections of his early years, 'Before (...) I Forget'. (shrink)

In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous (...) challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

There are good reasons for envisioning a global discourse about God, premised necessarily agreed upon perfections considered to be by definition proper to God, and for thinking through the implications of our understanding of God for morality. Philosophically, it makes sense to hold that claims about omnipotence, omniscience, and other superlative perfections are indeed maximal, and define “God” wherever the terminology of divine persons is taken up. Religiously too, it makes sense to assert that a deity possessed of perfections is (...) not just the deity of one’s own tribe or religion, but also the deity of the whole world, whether acknowledged as such or not. This essay delves into the larger set of rich complexities by three moves. First, I look into a single extended historical case of the extension of the discourse about God beyond the Christian West, the discourse on God proffered by Western Jesuit missionaries in India from the sixteenth to twentieth centuries. Second, I place next to that Jesuit learning the instance of a famed Hindu theologian’s discourse on God, God’s perfections, and their moral implications. Third, I briefly step back and assess the dangers and fruitful prospects inherent in thinking about God and morality in an interreligious context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual analysis (at Mimamsa Sutra (...) 1.1.2) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

This paper attempts to define Exploratory Data Analysis (EDA) more precisely than usual, and to produce the beginnings of a philosophy of this topical and somewhat novel branch of statistics. A data set is, roughly speaking, a collection of k-tuples for some k. In both descriptive statistics and in EDA, these k-tuples, or functions of them, are represented in a manner matched to human and computer abilities with a view to finding patterns that are not "kinkera". A kinkus is a (...) pattern that has a negligible probability of being even partly potentially explicable. A potentially explicable pattern is one for which there probably exists a hypothesis of adequate "explicativity", which is another technical probabilistic concept. A pattern can be judged to be probably potentially explicable even if we cannot find an explanation. The theory of probability understood here is one of partially ordered (interval-valued), subjective (personal) probabilities. Among other topics relevant to a philosophy of EDA are the "reduction" of data; Francis Bacon's philosophy of science; the automatic formulation of hypotheses; successive deepening of hypotheses; neurophysiology; and rationality of type II. (shrink)

Chaïm Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman's argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled "Perelman's Theory of Argumentation as a Rejection of Natural Law."However, my thesis (...) is precisely that Perelman's theory of argumentation connects to the natural law tradition in interesting and productive ways. Perelman referred to natural law in. (shrink)

Public health agencies regularly survey randomly selected anonymous students to track drug use, sexual activities, and other risk behaviors. Students are unidentifiable, but a recent project that i...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ippolito Desideri S.J.: Opere e BibliografiaFrancis V. TisoIppolito Desideri S.J.: Opere e Bibliografia. By Enzo Gualterio Bargiacchi. Roma: Institutum Historicum S.I., 2007. 303 pp.One of the great lacunae in the history of Buddhist-Christian relations has been a lack of attention to the work of missionaries who reported on Buddhist belief and practice in various parts of East and South Asia. As a result, the important work [End Page (...) 166] of the Italian Jesuit Ippolito Desideri (1684–1733) has not received the attention it deserves. There had been centuries of missionary contact with the Buddhists of Sri Lanka, Japan, and China, but it was not until the mission of Desideri to Tibet (1716–1721) that the connection between the Buddhism of Southeast Asia and that of China and Japan could be established on the basis of Desideri’s study of Tibetan historiographical materials.Desideri was the first European to become fluent in Tibetan, the first to understand Buddhist Mahayana scholasticism, the first to grasp the meaning of Vajrayana ritual and practice, the first to describe the political situation of Tibet, the first to engage in serious debate with Tibetan lamas, and the first to write extensively on Catholic Christianity in Tibetan. Desideri left a body of works in Tibetan that have been translated into Italian by Giuseppe Toscano, SX, and published by IsMEO during the 1980s. Yet Desideri’s greatest achievement, the translation into Latin of Je Tsong Kapa’s Lam Rim Chen Mo, seems to have been lost. Moreover, the great intellectual and spiritual accomplishments of this Jesuit missionary were not much appreciated in his own lifetime, in part because of the political situation of the Society of Jesus at that time. As a result, although the overall facts of Desideri’s life were never completely forgotten, his writings lay hidden in the Jesuit Archives at Rome at precisely the time when those engaging in contact with Asian religions would have benefited from his insights.The author of this summary of the works of Ippolito Desideri and of the entire corpus of materials related to his oeuvre, Enzo Gualtiero Bargiacchi, is convinced that even today the works of this eighteenth-century Jesuit missionary have something to offer. I would agree with Bargiacchi, because I am equally convinced that the Desiderian project is in many ways a better model for interreligious dialogue between Christians and Buddhists than any of the more recent models that have been proposed and implemented since the Second Vatican Council. Recent essays by Trent Pomplun and Michael Sweet in Buddhist-Christian Studies (vol. 26, 2006) have shown that exchanges between missionaries and Buddhists in the seventeenth and eighteenth centuries were more profound and more fruitful than we are inclined to believe on the basis of superficial histories of the period. It seems that, with the suppression of the Jesuits (1773–1815), a certain retrenchment in the Catholic theology of grace operating outside the confines of the Church set in, muting the vibrant speculations of theologians seeking to make theological sense of the reports of missionaries such as Desideri.Desideri’s approach to the Buddhism of Tibet continues to challenge our own approach to interreligious dialogue. In the first place, Desideri underwent extensive linguistic, spiritual, and theological training as a young Italian Jesuit. He seems to have had unusual physical stamina and mental acuity, particularly for the study of languages. He learned Tibetan in about four months and immediately began writing a treatise, the Tho rangs, explaining Christianity to the Tibetan literati. As his Tibetan improved, he composed other, more sophisticated works in which he took up the topics on which Buddhists and Catholic Christians could agree (the contingency of the created world, the moral law) and on which they disagree (the law of karmic retribution, [End Page 167] emptiness, reincarnation, soteriology). Desideri sought to take seriously the philosophical positions of the lamas, with whom he lived and engaged in debate. He adapted his presentation of Christianity to the linguistic requirements of Tibet, and he did not hesitate to acknowledge the excellence he found in the moral character and intellectual refinement of the Tibetans. Finally, one detects a respect... (shrink)

_International Library of the Philosophy of Education _reprints twenty-four distinguished texts published in this field over the last half-century and includes works by authors such as Reginald D. Archambault, Charles Bailey, Robin Barrow, Norman J. Bull, D. E. Cooper, R. F. Dearden, Kieran Egan, D. W. Hamlyn, Paul H. Hirst, Glenn Langford, D. J. O'Connor, T. W. Moore, D. A. Nyberg, R. W. K. Paterson, R. S. Peters, Kenneth A Strike, I. A. Snook, John and Patricia White, and John Wilson. (...) Themes discussed include: Liberal education, moral education, the aims of education, the education of teachers, adult & continuing education and the philosophical analysis of education. _Available now at a special introductory price. This price is applicable until 3 months after publication. For more information, please contact us._. (shrink)

Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance (...) view entails that the unborn is a subject of moral rights from conception. While defending this view, the author responds to the arguments of thinkers such as Boonin, Dworkin, Stretton, Ford and Brody. He also critiques Thomson's famous violinist argument and its revisions by Boonin and McDonagh. Defending Life includes chapters critiquing arguments found in popular politics and the controversy over cloning and stem cell research. (shrink)

The main object of this thesis is to explain in a systematic fashion Francis Hutcheson's moral theory. Such an attempt will necessarily involve a discussion of the various philosophical problems which are inherent in his theory. For example, I discuss the issue of whether Hutcheson's theory of the moral sense is to be interpreted in an intuitionist or an emotivist fashion. It is argued that some aspects of his moral sense theory favour the former and some the latter interpretation, (...) Hutcheson's theory of benevolence is outlined and his' arguments against the psychological egoists are discussed. Perhaps the most important problem with Hutcheson's moral sense theory is the problem of motivation. Any moral theory which locates the virtue of virtuous actions in the motive from which they are done, as Hutcheson's does, will encounter problems in explaining how knowledge of right and wrong can influence us to be virtuous. Hutcheson's ingenious solution to this problem and his theory of moral motivation, which I suggest have not been adequately discussed previously to this thesis, are explicated at length. Hutcheson's criticisms of the moral rationalists are considered, as are Price's criticisms of Hutcheson. A final chapter attempts to show how the development of Hutcheson's thinking was the result of his realizing the implications of his own theories, especially his theory of moral motivation. (shrink)

The ascendancy of Christian activism in bioethical policy debates has elicited a number of responses by critics of this activism. These critics typically argue that the public square ought to embrace Secular Liberalism, a perspective that its proponents maintain is the most just arrangement in a pluralist society, even though SL places restraints on Christian activists that are not placed on similarly situated citizens who hold more liberal views on bioethical questions. The author critiques three arguments that are offered to (...) defend SL: the golden rule contract argument, the secular reason argument, and the err-on-the-side-of-liberty argument. The author concludes that each of these arguments fail to support SL. (shrink)

Francis’ view of nature has been seen as positive in an ecological sense even by those who are for the most part critical of Christianity’s attitude to nature, such as Lynn White, Jr. I argue that one element of Francis’ uniqueness was that he saw the diversity of life as an expression of God’s creativity and benevolence and attempted to carry out that vision in ethical behavior. Much of what has been written about him has precedents in traditional (...) hagiography, but there remains an unmistakable impression of originality. It has been noted that Francis insisted on the goodness of creation, used terms of family relationship to refer to creatures other than human, and preached to them. However, another element has escaped notice: his emphasis on the presence of God in the diversity of created entities and his desire that humans should rejoice in this diversity and glorify God for it and with it. His devotion did not immediately dissolve multiplicity into oneness, but glorified God in each created being and delighted in their individuality. He advocated that praise be expressed by acting in ways consistent with respect for created diversity, not only by observing a strict rule of abstaining from harm to living beings, but also in positive treatment of all creatures. Nature took its meaning not from its serviceability to mankind, but from its expression of the multiple forms of God’s benevolent presence. (shrink)

The purpose of this essay is to offer support for the substance view of persons, the philosophical anthropology defended by Patrick Lee in his essay. In order to accomplish this the author presents a brief definition of the substance view; argues that the substance view has more explanatory power in accounting for why we believe that human persons are intrinsically valuable even when they are not functioning as such, why human persons remain identical to themselves over time, and why it (...) follows from these points that the unborn are human persons; and responds to two arguments that attempt to establish the claim that the early human being is not a unified substance until at least fourteen days after conception. (shrink)

Claims of religious conscience that run counter to prevailing cultural trends are increasingly met with bewilderment and disbelief. The author argues that this should not surprise us given the ways in which the rational and liturgical status of religious beliefs and practices are widely misunderstood and misrepresented by jurists and legal philosophers. To make this point the author discusses some recent arguments found in court cases as well as in legal scholarship on religion. He encourages Catholic philosophers—who typically do not (...) work in this area--to enter the fray by contributing to the jurisprudential literature that touches on issues of faith, reason, and religious liberty. (shrink)

This essay is a review of Edward Feser’s Aquinas: A Beginner’s Guide. In the first part, the author summarizes the book’s five chapters, drawing attention to Feser’s application of Aquinas’s thought to contemporary philosophical problems. Part 2 is dedicated to Feser’s Thomistic analysis of Intelligent Design. The author explains Feser’s case and why Aquinas’s “Fifth Way,” which is often labeled a “design argument,” depends on a philosophy of nature that ID’s methods implicitly reject.

In the last number of years scholars have discovered many new “parallels”2 to Francis of Assisi’s Admonitions.3 In this article I will provide more new parallels that I have uncovered not only in ecclesiastical contexts, but also in non-ecclesiastical ones.4 While almost all students of Francis’ Admonitions are acquainted with the general ecclesiastical contexts, most are unfamiliar with the non-ecclesiastical contexts evidenced by Cato’s Distichs, Daniel of Beccles’ Urbanus Magnus, Egbert of Liège’s The Well-Laden Ship, the Facetus, and (...) a fourteen-volume collection of medieval proverbs. From these parallels I will argue that the Admonitions of Francis of Assisi belong to the literary genre of Conduct Literature... (shrink)

In his very valuable study of generic patterns in ancient poetry Francis Cairns assigns Propertius 2.28, [Tib.] 3.10 , and Ovid Am. 2.13 to the genre Soteria, that is works of congratulation and thanksgiving on the recovery from illness of a friend, and he sees the resemblances between the poems as due to the elegists’ attempts to produce ‘dramatized’ examples of the genre, with the situation developing from the girl's illness at the beginning of the poem to her recovery (...) at the end , pp.153–7). Cairns's arguments and interpretation of the poems should, I feel, be scrutinized carefully, especially since his classification of the poems has been accepted recently without demur by at least one scholar , 118 and n.50). (shrink)

This article responds to Giubilini and Minerva’s article ‘After birth abortion: why should the baby live?’ published in the Journal of Medical Ethics. They argue for the permissibility of ‘after-birth abortion’, based on two conjoined considerations: (1) the fetus or newborn, though a ‘potential person’, is not an actual person, because it is not mature enough to appreciate its own interests, and (2) because we allow parents to terminate the life of a fetus when it is diagnosed with a deformity (...) or fatal illness because of the burden it will place on the child, parent, family or society we should also allow parents to do the same to their newborn, since it is no more a person than the fetus. The author critiques this case by pointing out (a) the metaphysical ambiguity of potential personhood and (b) why the appeal to burdens is irrelevant or unnecessary. (shrink)

Although the notion of physician value neutrality in medicine may be traced back to the writings of Sir William Osler, it is relatively new to medicine and medical ethics. We argue in this paper that how physician value neutrality has been cashed out is often obscure and its defense not persuasive. In addition, we argue that the social/political implementation of neutrality, Political Liberalism, fails, and thus, PVN's case is weakened, for PVN's justification relies largely on the reasoning undergirding PL. For (...) these reasons, we conclude that PVN has no philosophical or ethical warrant and thus should be abandoned. We suggest that the physician present to her patients some type of statement or creed that would give them an idea of where she stands on important axiological issues and how these stands are cashed out clinically. (shrink)

We share Minkoff et al.’s (2024) concern regarding the potential disavowal of pregnant patients’ right to refuse medical interventions, without or against their explicit consent, aimed at preservin...