This article considers the various emergence of an explicitly recognized right to life in papal teaching and the canon law of the last century and a quarter. The Church's opposition to abortion is deeply embedded within the tradition and law of the Church. It was, however, only in recent times, since the middle twentieth century, really, that the Church began to speak explicitly of a right to life. This paper explores the consequences for papal thought (...) of this explicit recognition of rights. By speaking of a right to life, the Church has moved beyond the abortion debate to embrace a variety of other concerns. This is not to say that abortion does not remain important. Direct participation in abortion is a crime at canon law that results in automatic excommunication. But the language of rights has allowed the Church to address such matters as the protection of refugees; the moral requirement of adequate health care; the odious use of child-soldiers; and the use of economic embargoes that have the effect of destroying the civilian infrastructure (and public health systems) of entire societies. (shrink)

Michael Tooley defends infanticide by analysing ‘A has a right to X’ as roughly synonymous with ‘If A desires X, then others are under a prima facie obligation to refrain from actions that would deprive him [or her] of it.’ An infant who cannot conceive of himself or herself as a continuing subject of experiences cannot desire to continue existing. Hence, on Tooley’s analysis, killing the infant is not impermissible, for it does not go against any of the infant’s (...) desires. However, Tooley’s argument in support of his analysis seems to justify, instead, a slightly more subtle analysis—namely, ‘A has a right to X’ is roughly extensionally equivalent with ‘Unless A expresses his or her desire that not‐X, then others are under a prima facie obligation to refrain from actions that would deprive him or her of X.’ But given this analysis, the infant’s purported lack of any capacity to conceive of himself or herself as a continuing subject of experiences implies that we cannot be released from any duty that we might have not to harm him or her. In short, Tooley’s argument in support of his analysis actually implies that infanticide may well be impermissible. (shrink)

Michael Tooley defends infanticide by analysing ‘A has a right to X’ as roughly synonymous with ‘If A desires X, then others are under a prima facie obligation to refrain from actions that would deprive him [or her] of it.’ An infant who cannot conceive of himself or herself as a continuing subject of experiences cannot desire to continue existing. Hence, on Tooley’s analysis, killing the infant is not impermissible, for it does not go against any of the infant’s (...) desires. However, Tooley’s argument in support of his analysis seems to justify, instead, a slightly more subtle analysis—namely, ‘A has a right to X’ is roughly extensionally equivalent with ‘Unless A expresses his or her desire that not‐X, then others are under a prima facie obligation to refrain from actions that would deprive him or her of X.’ But given this analysis, the infant’s purported lack of any capacity to conceive of himself or herself as a continuing subject of experiences implies that we cannot be released from any duty that we might have not to harm him or her. In short, Tooley’s argument in support of his analysis actually implies that infanticide may well be impermissible. (shrink)

ABSTRACT In ‘The Pro‐Life Argument from Substantial Identity: A Defence’, Patrick Lee argues that the right to life is an essential property of those that possess it. On his view, the right arises from one's ‘basic’ or ‘natural’ capacity for higher mental functions: since human organisms have this capacity essentially, they have a right to life essentially. Lee criticises an alternative view, on which the right to life arises from one's (...) ‘developed’ capacity for higher mental functions (or development of some other accidental property). I argue that his criticisms of this alternative view are misguided or self‐defeating, and that there are good reasons to hold we have a right to life accidentally rather than essentially. (shrink)

ABSTRACT In this article, I reply to criticisms of Dean Stretton of the pro‐life argument from substantial identity. When the criterion for the right to life proposed by most proponents of the pro‐life position is rightly understood – being a person, a distinct substance of a rational nature – this position does not lead to the difficulties Stretton claims it does.

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are (...) justified. Drawing on work by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

This article continues the rejection of certain myths about the right to life at the end of life commenced in an article in the previous issue of the journal Clinical Ethics. It focuses upon ethical arguments that seek to exclude two categories of human beings from the usual protection of human life: those described as ‘non-persons’ and those ‘designated for death’. The article argues that, while the protection offered to life by means of the (...) class='Hi'>right to life is far from absolute, the right remains applicable to all human beings, irrespective of their life expectancy or mental capacity. (shrink)

Discussions of the framework and terminology associated with the right to health tend to treat the indeterminacy of ‘health’ as conceptual noise that the construction of effective policy must not focus on, but find ways of bracketing out. On this basis, the right to health is broadly regarded as a social and economic, rather than a civil and political right. This article draws critically on literature about the implications of developments in medical biotechnologies, to argue that a (...) positive acknowledgement of the indeterminate character of health should transform, rather than simply hinder, the quality of debate over what is to be understood and expected in connection with a right to health. A focus on indeterminacy allows for the perception and the formulation of health-related demands that may not stem from the scarcity of material resources or technical means, but from the misplaced authority of particular voices in defining what possibilities are to be seriously envisaged. This proposition only becomes politically effective, it is argued, when ‘indeterminacy’ (and the capacity for normativity) is referred to life itself and not merely to social and moral judgements about life. Although more immediately pertinent to the concerns of relatively privileged populations, the focus on indeterminacy provides a key to generating a certain symmetry and complementarity of interest, across the privileged/underprivileged divide, in promoting health as a (human) right. (shrink)

The business of philosophy is “to think things together,” so far as the reality of things and the capacity of thought allow. That reality presents many contrasts, physical, ethical, metaphysical, light and darkness, life and death, good and evil, right and wrong, the One and the many, the Infinite and the finite, the Eternal and the temporal, and what we mention as last, but not least, for our immediate purpose, Being and Becoming, the Constant and the (...) Contingent. The contrasts need not be regarded as contradictions, negations one of another, as thought the Eleatics with their emphasis on Being, or the Heraclitics with their preference for Becoming. To our immediate scrutiny all stands and all flows may be irreconcilable oppositions; but Einstein is teaching us that there is relativity in all our interpretations of reality. We need not with Indian thought declare Brahma alone real, and all else Maya , illusion. (shrink)

In this paper, we analyze the legal situation regarding physician-assisted suicide in the world. Our hypothesis is that the prohibitive stance on physician-assisted suicide in most societies in the world today seems to be related to our moral attitudes toward suicide. This brings us to a discussion about life itself. We claim that the total lack of legal protection for physician-assisted suicide from international organizations and most countries in the world lies in a philosophical assumption that supports much of (...) our common beliefs about what life really is. This assumption states that life must be thought of as not belonging exclusively to the individual. We argue that this assumption is a misconception that can be heard in the debate on suicide. Consequently we endorse a different conception of life which tends to favor a pro-choice stance towards suicide and assisted death in general. This position takes the patient’s decision about when to die more seriously. We conclude that there is no reason why physician-assisted suicide does not deserve legal protection as an individual right to die under international law. (shrink)

In this discussion note on Michal Pruski and Richard C. Playford’s “Artificial Wombs, Thomson and Abortion – What Might Change?,” I consider whether the prospect of ectogenesis technology would make abortion impermissible. I argue that a Thomson-style defense may not become inapplicable due to the right to life being conceived as a negative right. Further, if Thomson-style defenses do become inapplicable, those who claim that ectogenesis would be an obligatory alternative to abortion cannot do so without first (...) showing that fetuses have a right to life, something that Thomson assumed rather than argued for. I also include a discussion on ethical problems concerning what to do about children born from artificial wombs put there by those who looked to terminate their pregnancies because they sought to avoid parenthood. (shrink)

In England and Wales, there is significant controversy on the law related to abortion. Recent discussions have focussed predominantly on the health professional's right to conscientious objection. This article argues for a comprehensive overhaul of the law from the perspective of an author who adopts the view that all unborn human beings should be granted the prima facie right to life. It is argued that, should the law be modified in accordance with this stance, it need not (...) imply that health professionals should enjoy an unqualified right to object to participating in the provision of abortion. Indeed, it is proposed that – in some situations – women should be granted a positive right to abortion. While the focus of this article is on changing the law in England and Wales, it is hoped that the position developed here will also inspire legal debate and reform elsewhere. (shrink)

In the last two centuries, our world would have been a safer place if philosophers such as Rousseau, Marx, and Nietzsche had not given intellectual encouragement to the radical ideologies of Jacobins, Stalinists, and fascists. Maybe the world would have been better off, from the standpoint of sound practice, if philosophers had engaged in only modest, decent theory, as did John Stuart Mill. Yet, as Ronald Beiner contends, the point of theory is not to think safe thoughts; the point is (...) to open intellectual horizons. In Philosophy in a Time of Lost Spirit, Beiner reflects on the dualism of theory and practice. The purpose of the theorist is not to offer sensible guidance on the conduct of social life but to test the boundaries of our vision of social order. Whereas the liberal citizen should embody the practical virtues of prudence and moderation, the theorist should be radical, probing, and immoderate. Looking back at the liberal-communitarian debate of the 1980s, Beiner recognizes that the antidote to our spiritless times lies neither in the embrace of community over individualism nor of individualism over community: both individual and community need to be submitted to radical questioning. It is by exposing ourselves to the challenge of fearless thinking encountered at the philosophical extremities that we are most likely to understand our own world at a deeper level. In this collection of essays and reviews, Ronald Beiner helps us to think critically about the thought-worlds of our foremost contemporary thinkers, including Hannah Arendt, Allan Bloom, Michel Foucault, Hans-Georg Gadamer, J¦rgen Habermas, Will Kymlicka, Christopher Lasch, Richard Rorty, Judith Shklar, Leo Strauss, Charles Taylor, and Michael Walzer. (shrink)

In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today's emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...) Wittgenstein, Beckett, Kierkegaard, Kant, Cavell, Marx, Henry James and Lacan, Ware demonstrates how these thinkers can bring us to a new understanding of a constellation of issues which contemporary radical thought must re-visit: utopia, repetition, perfectionism, subtraction, negativity, critique, absence, duty, revolution and political love. The result is a timely and provocative intervention, which re-draws the boundaries for future debates on the ethics and politics of modernism. (shrink)

In this paper, I argue that Thomson's famous attempt to reconcile the fetus's putative right to life with robust abortion rights is not tenable. Given her view, whether or not an abortion violates the fetus's right to life depends on the abortion procedure utilised. And I argue that Thomson's view implies that any late term abortion that involves feticide is impermissible. In particular, this would rule out the partial birth abortion technique which has been so controversial (...) of late. (shrink)

Some of the objections to life-extension stem from a concern with overpopulation. I will show that whether or not the overpopulation threat is realistic, arguments from overpopulation cannot ethically demand halting the quest for, nor access to, life-extension. The reason for this is that we have a right to life, which entitles us not to have meaningful life denied to us against our will and which does not allow discrimination solely on the grounds of age. (...) If the threat of overpopulation creates a rights conflict between the right to come into existence, the right to reproduce, the right to more opportunities and space , and the right to life, the latter ought to be given precedence. (shrink)

The global pandemic caused by the novel coronavirus has disrupted many sectors of normal life, including the communal worship of religious bodies. This essay first looks at the recent case of the Minnesota Catholic bishops and the Governor of Minnesota which came close to civil disobedience. Then the essay will consider the thought of John Courtney Murray on when it is legitimate for the coercive powers of the state to be used to limit religious freedom, including the (...) class='Hi'>right to worship. Finally, those standards are applied to the Minnesota case, arguing that the initial actions of the Governor failed to meet Murray’s test, while the revised executive order succeeded in meeting Murray’s standards. (shrink)

ABSTRACT In this article, I reply to criticisms of Dean Stretton of the pro‐life argument from substantial identity. When the criterion for the right to life proposed by most proponents of the pro‐life position is rightly understood – being a person, a distinct substance of a rational nature – this position does not lead to the difficulties Stretton claims it does.

The author addresses Robert Nozick's claim that: “The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.” Hence Nozick insists that rights are violated if citizens are compelled to contribute to others' welfare, however urgent their needs may be. The author argues that it is characteristic of libertarian theories that they invoke the moral sanctity of private property against welfarist or egalitarian conceptions of social justice. Nozick's version (...) of the libertarian critique has three conceptual pillars–“right,”“thing” and “space.” On that basis Nozick claims that talk of welfare “rights” can be condemned on the plane of rights. This is true, Nozick maintains, even of “the right to life.” The author contends that this argument fails. It equivocates over the idea of “rights”; and it misconceives crucial features of property. Nozick deploys exclusive “domain rights,” whilst attacking “important‐interest rights.” His historical‐entitlement theory fails as a justification of private property. The author argues that, so far as material objects are concerned, private property institutions depend upon trespassory rules which do not impose morally binding obligations unless basic needs are catered for. Furthermore, private property institutions also comprise monetary resources to which the spatial metaphor of exclusive rights does not apply. Holdings vested in any particular person at any particular time are stamped, morally, with a mix of contestable and mutable property‐specific justice reasons. Hence it is fallacious to suppose that ownership rights together exhaust all normative space over “things.”The major objection to speaking of everyone's having a right to various things such as equality of opportunity, life, and so on, and enforcing this right, is that these “rights” require a substructure of things and materials and actions; and other people may have rights and entitlements over these. [≡] The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition. (Nozick 1974, 238). (shrink)

Substituted judgment has increasingly become the accepted standard for rendering decisions for incapacitated adults in the USA. A broad exception exists with regard to patients with diminished capacity secondary to depressive disorders, as such patients’ previous wishes are generally not honoured when seeking to turn down life-preserving care or pursue aid-in-dying. The result is that physicians often force involuntary treatment on patients with poor medical prognoses and/or low quality of life as a result of their depressive symptoms (...) when similarly situated incapacitated patients without such depressive symptoms would have their previous wishes honoured via substituted judgment. This commentary argues for reconsidering this approach and for using a substituted judgment standard for a subset of EMP/LQL patients seeking death. (shrink)

Quantitative utilitarianism demands equal treatment of human and nonhuman animals where there are no relevant differences between them. A difference is relevant only if it excludes the animal from suffering evil if it is treated differently. Quantitative utilitarianism cannot, however, resolve conflicts of interest nor prove that painless killing of animals is morally wrong. For this we need a higher qualitativegood. I suggest Care, as Heidegger understands it, is such a good, and that it is the essence not only of (...) human, but of nonhuman animaI Dasein as well. Because animals care, we are morally obliged to desist from killing them, even painlessly. (shrink)

If you accept evolutionary theory, can you also believe in God? Are human beings superior to other animals, or is this just a human prejudice? Does Darwin have implications for heated issues like euthanasia and animal rights? Does evolution tell us the purpose of life, or does it imply that life has no ultimate purpose? Does evolution tell us what is morally right and wrong, or does it imply that ultimately 'nothing' is right or wrong? In (...) this fascinating and intriguing book, Steve Stewart-Williams addresses these and other fundamental philosophical questions raised by evolutionary theory and the exciting new field of evolutionary psychology. Drawing on biology, psychology and philosophy, he argues that Darwinian science supports a view of a godless universe devoid of ultimate purpose or moral structure, but that we can still live a good life and a happy life within the confines of this view. (shrink)

The question of the moral status of infanticide in the case of normal human infants is very important, both theoretically and practically. Its theoretical importance lies in the fact that intuitions differ very greatly on this moral question, so that one needs to search for arguments in support of fundamental moral principles that can provide the ground for a sound and comprehensive account of the morality of killing. Its practical significance, on the other hand, lies in its connection with the (...) very important, and closely related ethical question of whether it is morally permissible to kill severely defective infants. A variety of arguments have been offered in support of the view that all human infants have a right to life. One familiar argument, for example, claims that all humans have immaterial, rational souls, and that this is what gives something a right to life. A second important argument is that human infants have a future like ours, and that it is this that gives something a right to life. A third argument is that human infants, even though it appears that they have not acquired the capacities for thought and rationality, will come to have those capacities, and it is these potentialities that give them a right to life Philosophers working in ethics, however, have set out objections to these and other arguments, so the focus of this article will be to consider what conclusions seem most plausible in the light of those arguments and objections to them. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

The central thesis of this book is that we need to reform philosophy and join it to science to recreate a modern version of natural philosophy; we need to do this in the interests of rigour, intellectual honesty, and so that science may serve the best interests of humanity. Modern science began as natural philosophy. In the time of Newton, what we call science and philosophy today – the disparate endeavours – formed one mutually interacting, integrated endeavour of natural philosophy: (...) to improve our knowledge and understanding of the universe, and to improve our understanding of ourselves as a part of it. Profound discoveries were made, indeed one should say unprecedented discoveries. It was a time of quite astonishing intellectual excitement and achievement. And then natural philosophy died. It split into science on the one hand, and philosophy on the other. This happened during the 18th and 19th centuries, and the split is now built into our intellectual landscape. But the two fragments, science and philosophy, are defective shadows of the glorious unified endeavour of natural philosophy. Rigour, sheer intellectual good sense and decisive argument demand that we put the two together again, and rediscover the immense merits of the integrated enterprise of natural philosophy. This requires an intellectual revolution, with dramatic implications for how we understand our world, how we understand and do science, and how we understand and do philosophy. There are dramatic implications, too, for education. And it does not stop there. For, as I show in the final chapter, resurrected natural philosophy has dramatic, indeed revolutionary methodological implications for social science and the humanities, indeed for the whole academic enterprise. It means academic inquiry needs to be reorganized so that it comes to take, as its basic task, to seek and promote wisdom by rational means, wisdom being the capacity to realize what is of value in life, for oneself and others, thus including knowledge, technological know-how and understanding, but much else besides. The outcome is institutions of learning rationally designed and devoted to helping us tackle our immense global problems in increasingly cooperatively rational ways, thus helping us make progress towards a good world – or at least as good a world as possible. (shrink)

This is a Japanese translation of "Abortion and Infanticide" from Philosophy & Public Affairs 2/1, 1972, 37–65. -/- This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing (...) must possess in order to have a serious right to life. The approach involves defending, then, a basic principle specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective (...) goals. Developing an acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

The increase of high-risk newborns due to societal changes has presented neonatal intensive care unit nurses with more ethical challenges and heightened their perception of neonatal palliative care. Therefore, this study was a descriptive survey exploring the perceptions of neonatal intensive care unit nurse regarding biomedical ethics and neonatal palliative care in neonatal intensive care units. The research participants were 97 neonatal intensive care unit nurses who had been directly involved with end-of-life care for high-risk babies. Data were collected (...) from November to December 2021 through an online survey. The Korean version of Neonatal Palliative Care Attitude Scale and the tool of biomedical ethics were used. The collected data were analyzed using the T-test, ANOVA, Scheffé test, Pearson correlation coefficient, and multiple regression analysis. The mean score for perception of biomedical ethics in neonatal intensive care unit nurses was 2.89 of 4, and that of neonatal palliative care in neonatal intensive care unit nurses was 3.10 of 5. Existence of a protocol of neonatal palliative care, the experience of patients dying, and the right to life of neonates were factors influencing the perception of neonatal palliative care. The explanatory power was 12.5%. The data support the importance of guidelines regarding systematic neonatal palliative care. Also, developing programs for sharing and supporting experiences of patients dying among colleagues and persistent education about the right to life of neonates for neonatal intensive care unit nurses can improve perception of neonatal palliative care. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential (...) role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess in order to have a serious right to life. The approach involves defending, then, (...) a basic principle specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

There are various ways of attempting to defend an extreme liberal view on abortion, according to which a woman always has the right to control what happens inside her own body. First of all, there is the popular view that appeals to the idea that there is a fundamental, underived right that women have to control what occurs within their own bodies. Secondly, there is a related type of philosophical argument advanced by Judith Jarvis Thomson in her famous (...) and oft-reprinted article “A Defense of Abortion” for the slightly weaker claim that while abortion is not always permissible, since, as she says near the end of her essay, it is impermissible in, and only in, the following circumstances: “There may well be cases where carrying the child to term requires only Minimally Decent Samaritanism of the mother, and this is a standard w must not fall below.” Subsequently, Thomson’s type of argument was then developed and defended at much greater length by David Boonin in his very carefully argued book A Defense of Abortion, though Boonin does not discuss the case of the Minimally Decent Samaritan. I believe that there is a strong objection to the Thomson/Boonin approach to justifying abortion. It was set out in an article by Richard Langer, namely, in ‘Silverstein and the “Responsibility Objection”’, Social Theory and Practice 19/3. 345-58. Langer’s discussion is not, in general, very strong, but in a very important paragraph, on pages 351-2, Langer argues that if the responsibility objection to Thomson is unsound, then it follows that there will also be circumstances in which allowing one’s children to die, simply because one no longer wishes to care for them, will also be morally permissible. David Boonin replies to Langer’s objection in his A Defense of Abortion, but in discussing, on pages 182-3, Langer’s point about a parent’s responsibility to his or her children, Boonin relies upon a tacit consent argument that appears open to decisive objections. It seems to me, then, that the only possibility for a successful defense of an extreme liberal view concerning the justification of abortion will have to involve setting out a plausible account of what it is that gives something a right to life, and I think that the right answer is that neo-Lockean persons, and only neo-Lockean persons, have a right to continued existence. This leaves one with the scientific question of when developing humans become neo-Lockean persons. The answer to that question is perhaps still not firmly settled, although the extensive research that I carried out back in the 1970s seemed to me to support the conclusion that it is not until sometime that humans acquire the capacity for thought, a capacity that is necessary if a developing human is to be a neo-Lockean person. The upshot is that if one defends an extreme liberal view on abortion in the only way that seems to be satisfactory – that is, by setting out an account of what it is that gives something a right to life, and arguing that humans before birth do not have the relevant property, one must also address the question of infanticide, and that to fail to do so is intellectually unacceptable. (shrink)

The present essay takes up matters discussed by Robert Pasnau in his response to our previous criticism of his account of Aquinas's view of when a foetus acquires a human soul. We are mainly concerned with metaphysical and biological issues and argue that the kind of organization required for ensoulment is that sufficient for the full development of a human being, and that this is present from conception. We contend that in his criticisms of our account Pasnau fails clearly to (...) distinguish first, between a passive potentiality and an active capacity; second, between having a power intrinsically and being an instrumental agent of that which has it intrinsically; third, between per accidens and per se causal series; and fourth, between sense cognition and conceptual thought. We conclude that philosophy and embryology support the position that human beings exist from the point of conception. (shrink)

Imagining a future world in which people no longer die provides a helpful tool for understanding our present ethical views. It becomes evident that the cardinal virtues of prudence, temperance, and courage are options for reasonable people rather than rational requirements. On the assumption that the medical means to immortality are not universally available, even justice becomes detached from theories that tie the supposed virtue to the protection of human rights. Several stratagems are available for defending a categorical right (...) to life under these circumstances, but none is compelling. Justice and human rights should therefore be understood as social conventions whose stability depends upon rejecting a tyranny of the immortals in favour of cultural traditions that connect rights and liberties with the means for their enjoyment. (shrink)

In Logic, Watts address proper thinking under the four basic functions of the human mind: perception, judgment, reasoning, and disposition. In part one, Watts addresses human perception, the cultivation of ideas, and how we associate them with words. In part two, Watts treats human judgment and its ability to construct various kinds of propositions, while giving guidance for avoiding the formation of bad judgments. Part three covers our ability to reason, giving instruction on the use of syllogisms for constructing a (...) good argument. Part four discusses the mind's disposition as a method of arranging our thoughts for better understanding and memory. (shrink)

1. Of all the great natural or human rights, none has been so neglected by scholars and theorists as the right to life. Today, the salient fact about this right is the considerable disagreement over its scope, form and status. Everyone has noticed the general inflationary effect of talk about ‘human’ rights in our time, in contrast to the tidy list of ‘natural’ rights drawn up by Locke and others. Nowhere is this ballooning more noticeable than in (...) the right to life itself. For Jefferson, his predecessors and contemporaries, the right to life was simple enough; it meant “the right not to be deprived of life, … a life that God gave and nature supported.” On this basis, it is natural to see the right to life classically as having reference mainly to questions affecting the termination of life. Without much imagination, one could find this right also relevant to another class of questions, those affecting the prevention of human life. However, when one historian cautiously remarked during the Great Depression that “the right to life could be interpreted as giving the individual at least an emergency claim on society for sustenance …,” we have a significant increase in the scope of protections allegedly afforded by this right. How far this ‘emergency claim’ might reach was indicated some years later in an essay addressed to U.N.E.S.C.O. The “right of living,” it was argued. (shrink)

This is a Swedish translation of the complete text of "In Defense of Abortion and Infanticide" from Moral Issues, edited by Jan Narveson, Oxford University Press, Toronto and New York, 1983, 215-233. -/- There are various ways of attempting to defend an extreme liberal view on abortion, according to which a woman always has the right to control what happens inside her own body. First of all, there is the popular view that appeals to the idea that there is (...) a fundamental, underived right that women have to control what occurs within their own bodies. Secondly, there is a related type of philosophical argument advanced by Judith Jarvis Thomson in her famous and oft-reprinted article “A Defense of Abortion” for the slightly weaker claim that while abortion is not always permissible, since, as she says near the end of her essay, it is impermissible in, and only in, the following circumstances: “There may well be cases where carrying the child to term requires only Minimally Decent Samaritanism of the mother, and this is a standard w must not fall below.” Subsequently, Thomson’s type of argument was then developed and defended at much greater length by David Boonin in his very carefully argued book A Defense of Abortion, though Boonin does not discuss the case of the Minimally Decent Samaritan. I believe that there is a strong objection to the Thomson/Boonin approach to justifying abortion. It was set out in an article by Richard Langer, namely, in ‘Silverstein and the “Responsibility Objection”’, Social Theory and Practice 19/3. 345-58. Langer’s discussion is not, in general, very strong, but in a very important paragraph, on pages 351-2, Langer argues that if the responsibility objection to Thomson is unsound, then it follows that there will also be circumstances in which allowing one’s children to die, simply because one no longer wishes to care for them, will also be morally permissible. David Boonin replies to Langer’s objection in his A Defense of Abortion, but in discussing, on pages 182-3, Langer’s point about a parent’s responsibility to his or her children, Boonin relies upon a tacit consent argument that appears open to decisive objections. It seems to me, then, that the only possibility for a successful defense of an extreme liberal view concerning the justification of abortion will have to involve setting out a plausible account of what it is that gives something a right to life, and I think that the right answer is that neo-Lockean persons, and only neo-Lockean persons, have a right to continued existence. This leaves one with the scientific question of when developing humans become neo-Lockean persons. The answer to that question is perhaps still not firmly settled, although the extensive research that I carried out back in the 1970s seemed to me to support the conclusion that it is not until sometime that humans acquire the capacity for thought, a capacity that is necessary if a developing human is to be a neo-Lockean person. The upshot is that if one defends an extreme liberal view on abortion in the only way that seems to be satisfactory – that is, by setting out an account of what it is that gives something a right to life, and arguing that humans before birth do not have the relevant property, one must also address the question of infanticide, and that to fail to do so is intellectually unacceptable. (shrink)

Modern science began as natural philosophy. In the time of Newton, what we call science and philosophy today – the disparate endeavours – formed one mutually interacting, integrated endeavour of natural philosophy: to improve our knowledge and understanding of the universe, and to improve our understanding of ourselves as a part of it. Profound, indeed unprecedented discoveries were made. But then natural philosophy died. It split into science on the one hand, and philosophy on the other. This happened during the (...) 18th and 19th centuries, and the split is now built into our intellectual landscape. But the two fragments, science and philosophy, are defective shadows of the glorious unified endeavour of natural philosophy. Rigour, sheer intellectual good sense and decisive argument demand that we put the two together again, and rediscover the immense merits of the integrated enterprise of natural philosophy. This requires an intellectual revolution, with dramatic implications for how we understand our world, how we understand and do science, and how we understand and do philosophy. There are dramatic implications, too, for education, and for the entire academic endeavour, and its capacity to help us discover how to tackle more successfully our immense global problems. (shrink)

Two great problems of learning confront humanity: learning about the universe, and about ourselves and other living things as a part of the universe; and learning how to create a good, civilized, enlightened, wise world. We have solved the first great problem of learning – we did that when we created modern science and technology in the 17th century. But we have not yet solved the second one. That combination of solving the first problem, failing to solve the second one, (...) is very, very, dangerous. Almost all our current global problems have arisen as a result. Modern science and technology immensely increase our powers to act (for some of us), but not our power to act wisely. Modern science and technology lead to modern industry, modern agriculture, travel, medicine, hygiene and armaments, and these in turn lead to much that is of benefit, but also to all our current global problems: population growth, habitat destruction, loss of wild life, mass extinction of species, lethal modern war, the menace of nuclear weapons, pollution of earth, sea and air, antibiotic resistance, degradation of democracy facilitated by the internet and, most serious of all, the climate crisis. Now that we have modern science and technology, wisdom has become, not a private luxury, but a public necessity. But how is it to be achieved? Here is the solution. We can learn from the solution to the first great problem of learning how to solve the second one. That was the basic idea of the 18th century Enlightenment, but in implementing it, the philosophes of the Enlightenment blundered. They got the progress-achieving methods of science wrong; they failed to generalize them properly; and they applied them, not to social life but to creating social science. Their mistakes are still built into academia today. In order to learn how to create a civilized, enlightened world, the key thing we need to do is to cure academia of the structural blunders we have inherited from the Enlightenment. We need to bring about a revolution in science, and in academia more broadly so that the basic aim becomes wisdom, and not just knowledge – wisdom being the capacity, active endeavour and desire to realize what is of value in life for oneself and others, wisdom thus including knowledge and technological know-how, but much else besides. The outcome of the revolution we need would be universities radically transformed, so that they become rationally and actively devoted to helping people solve problems of living, including global problems, thus making progress to as good, civilized, enlightened a world as possible. (shrink)

The present essay takes up matters discussed by Robert Pasnau in his response (published in the same issue of Philosophy) to our previous criticism of his account of Aquinas's view of when a foetus acquires a human soul. We are mainly concerned with metaphysical and biological issues and argue that the kind of organization required for ensoulment is that sufficient for the full development of a human being, and that this is present from conception. We contend that in his criticisms (...) of our account Pasnau fails clearly to distinguish first, between a passive potentiality and an active capacity; second, between having a power intrinsically and being an instrumental agent of that which has it intrinsically; third, between per accidens and per se causal series; and fourth, between sense cognition and conceptual thought. We conclude that philosophy and embryology support the position that human beings exist from the point of conception. (shrink)

It may be unethical to deny children with cystic fibrosis access to ethically approved clinical trials from which they might benefitDespite advances in nutritional management, aggressive antibiotic usage, and physiotherapy, cystic fibrosis remains a life limiting illness with high morbidity that imposes considerable burdens on children and families.1 Although survival to 40 years is predicted for children born in 1990s, the median age of death in 2003 was 24.2 years .The pathophysiological features of CF are produced by a defective (...) gene on chromosome 7, resulting in the defective production of a protein that regulates cellular ion transport. Defective ion transport is thought to lead to increased mucus viscosity , with poor airway clearance, recurrent bacterial infection, lung damage, and death.Gene therapy , the insertion of a normally functioning gene into deficient host cells using a suitable vector, is a potential treatment or cure for diseases produced by single gene defects—for example, CF. Gene therapy does, however, have potential or actual risks, leading many to suggest that evidence of efficacy in adults should be demonstrated before trials are conducted in children. Many serious diseases in adults such as CF have their onset in childhood. If early treatment provides greater hopes of benefit, children may be more appropriate targets for GT in CF than adults. It may be unethical to deny them access to properly constructed, ethically approved clinical trials from which they might benefit.Since research in children should be scientifically valid, in the child’s best interests, and the subject of valid consent, this article will consider these parameters in relation to trials of GT in children with CF. Because of the importance of consumer participation in the design of research we present the results of a questionnaire about GT trials delivered …. (shrink)

A member of Jehovah’s Witnesses agreed to receive blood when alone, but rejected it once the elders were present. She insisted that the elders should stay, they were allowed to do so, and she bled to death. Was it all right to allow her to have the elders present when she made her final decision? Was it all right to allow her to bleed to death? It was, according to an anti-paternalist principle, which I have earlier defended on (...) purely utilitarian grounds. The thrust of the present argument is that the principle stands even in cases with context-sensitive preferences. However, my utilitarian argument to this effect must now rely on something other than J.S. Mill’s standard presumption that in most cases the individual makes the right choices for herself. A reference to the general trust in the system of healthcare is essential to the utilitarian defense of the anti-paternalistic principle. (shrink)

This is a Portuguese translation of "Abortion and Infanticide," Philosophy & Public Affairs, 2/11972, 37–65. -/- This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess (...) in order to have a serious right to life. The approach involves defending, then, a basic principle specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Contradiction and Legislation Regarding the Right to LifeKevin L. Flannery, S.J.Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny. Edited by Pilar Zambrano and William Saunders, with concluding reflections by John Finnis. Berlin: Peter Lang, 2019.The most fundamental principle of law is the principle of non-contradiction. This is Thomas Aquinas's position in the seminal article on the natural law, Summa theologiae I-II, question 94, article (...) 2, where, citing Aristotle, he formulates the principle as, "One should not simultaneously affirm and negate." Lafter in the same article, Thomas offers a practical formulation of the same principle, "Good is to be done and pursued and evil avoided"; but in law, since it is contained in propositions (airmations and negations) as distinct from ideas regarding the pursuit of goods, the prior formulation is the more immediately relevant of the two.The book under review is important in that, by going through the legal history regarding abortion and related issues in a number of different countries—the United States, Canada, Italy, Spain, Poland, Ireland (Eire), Costa Rica, Argentina, Chile, Mexico, and Peru—it causes to emerge any number of times the realization that legislation and judicial decisions in favor of abortion "rights" invariably infect a legal system with contradictions and inconsistencies of various sorts. The present essay is, therefore, not your typical book review. Its objective is simply to list some of the legal contradictions and inconsistencies identified by the book's various authors as they describe the legal status of the unborn in their respective nations. [End Page 1323]William Saunders's very clear and comprehensive first chapter is entitled, "Judicial Interference in the Protection of Human Life in the United States: Actions and Consequences." In it, he describes, among other things, the Human Cloning Prohibition Act passed by the U.S. House of Representatives in 2003, which prohibited "any person or entity, public or private" from performing human cloning (23). He speaks also of a bill proposed in the U.S. Senate once the Human Cloning Prohibition Act had passed in the House of Representatives. This Senate bill (which was entitle, "The Human Cloning Ban and Stem Cell Research Protection Act") would have prohibited "any person or other legal entity" from conducting human cloning, even while allowing nuclear transplantation, which it defines as "transferring the nucleus of a human somatic cell into an oocyte from which the nucleus... ha[s] been... removed or rendered inert." The problem here, as Saunders explains, is that this latter definition "is the very definition of cloning" (25). In other words, in the same year, two pieces of legislation were considered in the Congress of the United States, both purporting to ban human cloning, one of which would have permitted what the other described (correctly) as human cloning and so prohibited.In the second chapter, "Whither United States Abortion Law?" by Gerard V. Bradley, discussed, among other things, is the inconsistency between the United States Supreme Court's pro-abortion decision Roe v. Wade and various laws, both state and federal, prohibiting feticide. Bradley says of the 2004 federal Unborn Victims of Violence Act that, "in pertinent part it says that 'whoever' 'causes the death of or bodily injury to,' a 'child who is in utero' is guilty of an offense apart from any accompanying offense against the woman carrying the child." The penalty for such an act is the same as would be imposed if the act were inflicted upon the unborn child's mother: if, for instance, the mother was killed. "A child in utero," reports Bradley, "is defined as a member of the species homo sapiens, at any stage of development, who is carried in the womb'" (37).The problem here is that prosecutable under this law are acts identical with those performed legally by abortionists. Bradley mentions two cases in which a woman's male partner—in one case the woman's husband—effected by stealth the abortion of her child. In one case, the male purchased abortion pills and affixed to their container a pharmacy label indicating that it contained a common antibiotic; in the other, the husband obtained the same type of... (shrink)

This guide accompanies the following article: Matthew Kieran, ‘Art, Morality and Ethics: On the (Im)moral Character of Art Works and Inter‐Relations to Artistic Value’. Philosophy Compass 1/2 (2006): pp. 129–143, doi: 10.1111/j.1747‐9991.2006.00019.x Author’s Introduction Up until fairly recently it was philosophical orthodoxy – at least within analytic aesthetics broadly construed – to hold that the appreciation and evaluation of works as art and moral considerations pertaining to them are conceptually distinct. However, following on from the idea that artistic value is (...) broader than aesthetic value, the last 15 years has seen an explosion of interest in exploring possible inter‐relations between the appreciative and ethical character of works as art. Consideration of these issues has a distinguished philosophical history but as the Compass survey article suggests (‘Art, Morality and Ethics: On the (Im)Moral Character of Art Works and Inter‐Relations to Artistic Value.’Philosophy Compass 1.2 (2006): 129–43), it is only very recently that figures in the field have returned to it to develop more precisely what they take the relationships to be and why. Consensus is, unsurprisingly, lacking. The reinvigoration of the issues has led sophisticated formalists or autonomists to mount a more considered defence of the idea that aesthetic and literary values are indeed conceptually distinct from the justification or otherwise of the moral perspective or views endorsed in a work (Topic I). The challenges presented by such a defence are many but amongst them are appeals to critical practice (Lamarque and Olsen), scepticism about whether or not art really can give us bona fide knowledge (Stolnitz) and the recognition that truth often seems to be far removed from what it is we value in our appreciation of works (Lamarque). One way to motivate consideration of the relevance of a work’s moral character to its artistic value concerns the phenomena of imaginative resistance. At least sometimes it would seem that, as Hume originally suggested, we either cannot or will not enter imaginatively into the perspective solicited by a work due to its morally problematic character (Topic II). In some cases, it would seem that as a matter of psychological fact, we cannot do so since it is impossible for us to imagine how it could be that a certain attitude or action is morally permissible or good (Walton). The question then is whether or not this is a function of morality in particular or constraints on imaginative possibility more generally and what else is involved. At other times, the phenomena seem to be driven by a moral reluctance to allow ourselves to enter into the dramatic perspective involved (Moran) or evaluation of the attitude expressed (Stokes). Nonetheless, it is far from obvious that this is so of all the attitudes or responses we judge to be morally problematic. After all, it looks like we can and indeed often do suspend or background particular cognitive and moral commitments in engaging with all sorts of works (Nichols and Weinberg). If the moral character of a work interacts with how we appreciate and evaluate them, then the pressing question is this: is there any systematic account of the relationship available to us? One way is to consider the relationship between our emotional responses to works and their moral character (Topic III). After all, art works often solicit various emotional responses from us to follow the work and make use of moral concepts in so doing (Carroll). Indeed, whether or not a work merits the sought for emotional responses often seems to be internally related to ethical considerations (Gaut). Yet, it is not obvious that we should apply our moral concepts or respond emotionally in our imaginative engagement with works as art as we should in real life (Kieran, Jacobson). A different route is via the thought that art can convey knowledge (Topic IV). There might be particular kinds of moral knowledge art distinctively suited to conveying (Nussbaum) or it may just be that art does so particularly effectively (Carroll, Gaut, Kieran). Either way where this can be tied to the artistic means and appreciation of a work it would seem that to cultivate moral understanding contributes to the value of a work and to betray misunderstanding is a defect. Without denying the relevance of the moral character of a work some authors have wanted to claim that sometimes the immoral aspect of a work can contribute to rather than lessen its artistic value (Topic V). One route is to claim that there is no systematic theoretical account of the relationship available and what the right thing to say is depends on the particular case involved (Jacobson). Another involves the claim that this is so when the defect connects up in an appropriate way to one of the values of art. Thus, it has been claimed, only where a work reveals something which adds to intelligibility, knowledge or understanding in virtue of its morally problematic aspect can this be so (Kieran). The latter position looks like it could in principle be held whilst nonetheless maintaining that the typical or standard relationship is as the moralists would have it. Yet perhaps allowing valence change for such reasons is less a mark of principled explanation and more a function of downright inconsistency or incoherence (Harold). The topics themselves and suggested readings given below follow the structure articulated above as further amplified in the Compass survey article. The design and structure given below can be easily compressed or expanded further. Author Recommends 1 Carroll, Noël. ‘Art, Narrative and Moral Understanding.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 126–60. 2 This article develops the idea that engaging with narrative art calls on moral concepts and emotions and can thereby clarify our moral understanding. 2 Carroll, Noël. Beyond Aesthetics: Philosophical Essays. Cambridge: Cambridge UP, 2009. 4 Part IV consists of six distinct essays on questions concerning the inter‐relations between art and morality including the essay cited above and the author’s articulation and defence of moderate moralism. 3 Gaut, Berys. ‘The Ethical Criticism of Art.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 182–203. 4 Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. 7 This monograph provides the most exhaustive treatment of the issues and defends the claim that, where relevant, whenever a work is morally flawed it is of lesser value as art and wherever it is morally virtuous the work’s value as art is enhanced. Chapters 7 and 8 defend concern ethical knowledge and chapter 10 is a development of the article cited above concerning emotional responses. Chapter 3 also gives a useful conceptual map of the issues and options in the debate. 5 Jacobson, Daniel. ‘In Praise of Immoral Art.’Philosophical Topics 25 (1997): 155–99. 9 A wide ranging and extended treatment of relevant issues which objects to generalising moral treatments of our responses to art works and defends the idea that particular works can be better because of rather than despite their moral defects. 6 Kieran, Matthew. ‘Forbidden Knowledge: The Challenge of Cognitive Immoralism.’Art and Morality. Ed. Sebastian Gardner and José Luis Bermúdez. London: Routledge, 2003. 56–73. 11 A general argument for immoralism is elaborated by outlining when, where and why a work’s morally problematic character can contribute to its artistic value for principled reasons (through enhancing moral understanding). 7 Kieran, Matthew. Revealing Art. London: Routledge, 2005. Chapter 4. 13 This chapter argues against both aestheticism and straightforward moralism about art, elaborating a defence of immoralism in relation to visual art whilst ranging over issues from pornographic art to the nature and demands of different genres in art. 8 Lamarque, Peter. ‘Cognitive Values in the Arts: Marking the Boundaries.’ Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006, 127–39. 15 This article concisely outlines and defends a sophisticated aestheticism that denies the importance of truth to artistic value. 9 Stolnitz, Jerome. ‘On the Cognitive Triviality of Art.’British Journal of Aesthetics 32.3 (1992): 191–200. 17 This article articulates and defends the claim that no knowledge of any interesting or significant kind can be afforded by works appreciated and evaluated as art. 10 Walton, Kendall. ‘Morals in Fiction and Fictional Morality, I.’Proceedings of the Aristotelian Society, Suppl. 68 (1994): 27–51. 19 This article builds on some comments from Hume to develop the idea that when engaging with fictions it seems impossible imaginatively to enter into radically deviant moral attitudes. Online Materials ‘Aesthetics and Ethics: The State of the Art.’American Society of Aesthetics online (Jeffrey Dean):. ‘Art, Censorship and Morality’ downloadable podcast of Nigel Warburton interviewing Matthew Kieran at Tate Britain (BBC/ou Open2.net as part of the Ethics Bites series):. ‘Art, Morality and Ethics: On the (Im)Moral Character of Art Works and Inter‐Relations to Artistic Value.’Philosophy Compass 1.2 (2006): 129–43 (Matthew Kieran):. ‘Ethical Criticism of Art.’Internet Encyclopedia of Philosophy (Ella Peek):. ‘Fascinating Fascism.’New York Review of Books Piece Discussing Leni Riefenstahl (Susan Sontag):. ‘The Beheading of St. John the Baptist (1450s), Giovanni de Paolo’ (Tom Lubbock):. Vladimir Nabokov and Lionel Trilling discuss Lolita (CBS):. Sample Syllabus Topic I Autonomism/aestheticism • Anderson, James C. and Jeffrey T. Dean. ‘Moderate Autonomism.’British Journal of Aesthetics 38.2 (1998): 150–66. • Beardsley, Monroe. Aesthetics: Problems in the Philosophy of Criticism. New York: Harcourt, Brace and World, 1958. Chapter 12. • Kant, Immanuel. The Critique of Judgement.Trans. James Creed Meredith. Oxford: Oxford UP, 1952 [1790]. • Lamarque, Peter. ‘Cognitive Values in the Arts: Marking the Boundaries.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006, 127–39. • ——. ‘Tragedy and Moral Value.’Australasian Journal of Philosophy 73.2 (1995): 239–49. • Lamarque, Peter and Stein Olsen. Truth, Fiction and Literature. Oxford: Clarendon Press, 1994. Chapter 10. • Stolnitz, Jerome. ‘On the Cognitive Triviality of Art.’British Journal of Aesthetics 32.3 (1992): 191–200. Topic II Imaginative Capacities, Intelligibility and Resistance • Moran, Richard. ‘The Expression of Feeling in Imagination.’Philosophical Review 103.1 (1994): 75–106. • Nichols, Shaun. ‘Just the Imagination: Why Imagining Doesn’t Behave Like Believing’. Mind & Language 21.4 (2006): 459–74. • Stokes, Dustin. ‘The Evaluative Character of Imaginative Resistance’. British Journal of Aesthetics 46.4 (2006): 387–405. • Tanner, Michael. ‘Morals in Fiction and Fictional Morality, II’. Proceedings of the Aristotelian Society, Suppl. Vol. 68 (1994): 51–66. • Walton, Kendall (1994). ‘Morals in Fiction and Fictional Morality, I’. Proceedings of the Aristotelian Society, Suppl. Vol. 68 (1994): 27–51. • Weinberg, Jonathan. ‘Configuring the Cognitive Imagination.’New Waves in Aesthetics. Eds. K. Stock and K. Thomson‐Jones. London: Palgrave Macmillan, 2008. 203–23. Topic III Moralism and Emotions • Carroll, Noël. ‘Moderate Moralism.’British Journal of Aesthetics 36.3 (1996): 223–37. • Carroll, Noël. ‘Art, Narrative and Moral Understanding.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998.126–60. • Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. Chapter 10. • ——. ‘The Ethical Criticism of Art.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 182–203. • Hume, David. ‘Of the Standard of Taste.’Selected Essays. Oxford: Oxford UP, 1993 [1757]. 133–53. • Kieran, Matthew. ‘Emotions, Art and Immorality.’Oxford Handbook to the Philosophy of Emotions. Ed. Peter Goldie. Oxford: Oxford UP, 2009. 681–703. • Tolstoy, Leo. What is Art?. London: Penguin, 2004. Chapters 5 and 15. Topic IV Moralism and Knowledge • Aristotle. Poetics. Trans. M. Heath. London: Penguin, 1996 [367–322 BC]. • Carroll, Noël. ‘The Wheel of Virtue: Art, Literature and Moral Knowledge.’Journal of Aesthetics and Art Criticism 60.1 (2002): 3–26. • Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. Chapters 7 and 8. • Gaut, Berys. ‘Art and Cognition.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 115–26. • Kieran, Matthew. ‘Art, Imagination and the Cultivation of Morals.’Journal of Aesthetics and Art Criticism 54.4 (1996): 337–51. • Nussbaum, Martha. ‘Finely Aware and Richly Responsible: Literature and the Moral Imagination.’Love’s Knowledge. New York: Oxford UP, 1990. 148–68. • Plato. The Republic. Trans. D. Lee. Harmondsworth: Penguin, 1974. Book 10. Topic V Immoralist Contextualism • Harold, James. ‘Immoralism and the Valence Constraint.’British Journal of Aesthetics 48.1 (2008): 45–64. • Jacobson, Daniel. ‘In Praise of Immoral Art.’Philosophical Topics 25 (1997): 155–99. • ——. ‘Ethical Criticism and the Vices of Moderation.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 342–55. • John, Eileen. ‘Artistic Value and Moral Opportunism.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 331–41. • Kieran, Matthew. ‘Forbidden Knowledge:The Challenge of Cognitive Immoralism.’Art and Morality. Ed. Sebastian Gardner and José Luis Bermúdez. London: Routledge, 2003. 56–73. • Kieran, Matthew. Revealing Art. London: Routledge, 2005. Chapter 4. • Patridge, Stephanie. ‘Moral Vices as Artistic Virtues: Eugene Onegin and Alice.’Philosophia 36.2 (2008): 181–93. Focus Questions 1 What is the strongest argument for the claim that the moral character of a work is not relevant to its artistic value? Does artistic or literary criticism tend to concern itself with the truth or morality of works? If so, in what ways? If not, why do you think this is? 2 What different explanations might there be for difficulty with or resistance to imaginatively entering into attitudes you take to be immoral? How might this relate to the way our imaginings work as contrasted with belief? How might different literary or artistic treatments of the same subject matter make a difference? 3 How do narrative works draw on our moral concepts and responses? Can we suspend our normal moral commitments or application of moral concepts in responding emotionally to art works? Should we respond emotionally to art works as we ought to respond to real world events we witness? Why? Why not? 4 How, if at all, do art works convey moral understanding? How, if at all, is this related to the kinds of moral knowledge art works can teach or reveal to us? When, where and why might this be tied to the artistic value of a work? How can we tell where a work enhances our moral understanding as opposed to misleading or distorting it? 5 What art works do you value overall as art which commend or endorse moral values and attitudes that you do not? Is appreciation of them always marred or lessened by the morally dubious aspect? If not, what explains the differences in evaluation? What, if anything, might you learn by engaging with works which endorse moral attitudes or apply moral concepts different from those you take to be justified? How, if at all, might this connect up with what makes them valuable as art? (shrink)

Rights to life for unborn humans and to abortion with impunity are incompatible. This observation by the German legal philosopher Norbert Hoerster contains a fundamental criticism of the state regulation on abortion in Germany. The regulation regards abortion as unlawful, but declines to prosecute if the abortion is conducted within the first three months of pregnancy and the pregnant woman received counseling at least three days prior to terminating the pregnancy. In contrast to the German legislature, Hoerster is in (...) favor of setting the beginning of a right to life at birth. With this suggestion and the consequent demand for a general legalization of abortion, Hoerster himself has become the target of harsh criticism. The following article analyzes Hoerster's position and that of his opponents against the background of the current abortion debate in Germany. The consequences for dealing with the handicaps of Hoerster's suggested regulations will also be addressed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 259-288 [Access article in PDF] Substitutes for Wisdom:Kant's Practical Thought and the Tradition of the Temperaments Mark Larrimore [Appendix]For much of Western history, the theory of the four temperaments played a vital part in medicine, anthropology, and moral reflection. The Hippocratic foursome of sanguine, choleric, melancholy, and phlegmatic survives on the margins of modernity, but its role in moral theory (...) and practice has been largely forgotten. Premodern understandings of human diversity based in climate, temperament, and politics collapsed with the Galenic medical tradition with which they harmonized. Yet temperament continued to be a feature of moral philosophies and philosophical anthropologies even into the twentieth century, and arguably has had a symbiotic relationship with the egalitarian aspirations of modern moral and political thought. This essay surveys the development and practical consequences of the theory of the temperaments developed by one of the greatest prophets of modern values, Immanuel Kant.Temperament was a feature in Kant's course in anthropology from the 1760s until the end of his life. Kant's teachings on temperament are by turns creative and conservative, and bespeak a deep understanding of the logic and rationale of humoral characterology in ethics. But as Kant moves from an ethics based in feeling to an ethics based on the possibility of autonomy, his theory of temperament also changes. In 1764's Observations on the Feeling of the Beautiful and the Sublime, Kant eloquently celebrates the melancholy as the temperament capable of "genuine virtue" (Obs2:217-18/60); by the time of Anthropology from a Pragmatic Point of View (1798), he is commending instead "phlegma as strength" (a variant of a temperament he had earlier dismissed), which can serve as a "substitute for wisdom" (Ant7:290/155). 1 Both of these [End Page 259] positions are distinctive, especially for an eighteenth-century thinker. As we will see, however, they are not without precedent in the tradition of temperament theory. Whether Kant knew he was developing countertraditions of temperament or not, his arguments in each case creatively exploit tensions in the humoral system which go back to its origins in ancient Greece.The mature Kant defended the classic foursome at a time when it had come under fire from many quarters. The early nineteenth century historian of temperament theories Harro Wilhelm Dircksen thought Kant played a decisive role in saving the classical theory from oblivion. 2 Why did Kant think it worth retrieving? One would expect him to reject a category which eighteenth-century German Popularphilosophie understood as a proto-psychological category bridging the gap between body and mind, nature and freedom. Yet, as I shall argue, the very things which might seem to render a theory of temperament incompatible with his mature ethics of autonomy make it important to [End Page 260] Kant. An understanding of human embodiment and diversity like that of the tradition of the temperaments forms part of the background to Kant's practical thought, and ethical formalism makes more rather than less sense if difference is taken seriously. For the same reason, it is important to have the right account of diversity. The complicated view of temperament in the Anthropology furnishes a microcosm of Kant's understanding of the fraught role of empirical considerations in recognizing and promoting freedom in rational agents embodied in human form(s).In this essay I will (1) provide a brief survey of the tradition of temperament theorizing before Kant, and expound Kant's (2) early and (3) mature views of temperament in the context of this tradition, as well as in the context of his emerging practical philosophy. 3 Some well-known parts of Kant's ethics make a new kind of sense when read in the light of the fact that their author thought humanity subdivided into temperaments. 1. The Tradition of the Temperaments 1.1. The history of moralizing about and through the temperaments is complex and—once one moves beyond the melancholy—largely uncharted. Here I will... (shrink)

Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems. This book analyses the impact of courts and litigation on the way health systems set (...) priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions - Brazil, Colombia, and England - it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Vision of Catholic Social Thought: The Virtue of Solidarity and the Praxis of Human Rights by Meghan J. ClarkJulie Hanlon RubioThe Vision of Catholic Social Thought: The Virtue of Solidarity and the Praxis of Human Rights Meghan J. Clark Minneapolis: Fortress, 2014. 166pp. $39.00In this short, clearly written book, Meghan Clark offers an argument for seeing Catholic social thought (CST) not through its oft-listed (...) principles but through its vision of the human person and its core virtue: solidarity. Against [End Page 227] the protests of left and right, she presents CST as linked to essential Catholic theological claims and radical in its insistence that we are all responsible for promoting the human rights of neighbors near and far.Christians on the left sometimes view CST as well-intentioned but moderate, lacking an analysis of power, and uninspired. Better to read the memoir of an activist or the tract of a radical theologian than to fall asleep over another encyclical on the common good. Clark’s reading of CST counters this portrait with a historical narrative of increasing emphasis on human rights and an ever-more radical understanding of solidarity. Over time, Clark shows, CST moves slowly but surely toward both an affirmation of human rights that includes the duty to promote the rights of others, and a better developed understanding of solidarity as a duty not to serve but to accompany (107–14).While some Catholic conservatives question the authority of CST, Clark ties solidarity and human rights, the “twin pillars” of CST (125), to core theological claims and shows how these concepts develop in the thought of both John Paul II and Benedict XVI (24–39). Her constructive contribution to this tradition is development of the theological foundations of CST, which she accomplishes by drawing on Genesis 1:26–27 and John 17:21–22 (56–60) as well as feminist social reading of the Trinity. She builds on this foundation, claiming that the human community more fully images God as it becomes more united, more equal, and more mutual (60–72). With appropriate social analysis, it becomes clear that “the virtue of solidarity involves an obligation to participate at all levels of human community” (122).It may be that this claim is too sweeping. While Clark rightly questions Amartya Sen’s understanding of “imperfect” or limited positive obligations to distant others (94–96), insisting (with Charles Taylor) on positive responsibility to foster human rights (104), it is difficult to know how an ordinary person goes about discerning obligations in daily life. Once I recognize the enormity of my responsibilities, it is not clear where I ought to begin. Surely I cannot be involved in causes related to every human rights issue. It seems that once Clark’s readers affirm her basic claims, they still need a method of discernment to help them order responsibilities to near and distant others, lest they fall into paralyzing despair.Yet, to see rightly our connections to other human persons and our responsibility for evil is to be appropriately overwhelmed. All of us should tremble in the face of this reality. Insofar as Clark leads readers to this point, she provides an original, timely, and thick description of CST’s claim that “my humanity is bound up with yours” (146). Moreover, she shows that CST contributes something original to human rights discourse by calling solidarity a virtue and rooting it in a relational anthropology (7). By opening up conversation on solidarity as a virtue tied to human rights, Clark constructs a social ethic that is [End Page 228] inseparable from our deepest convictions about life, God, and neighbor. Moving beyond the polarization of right and left, she invites readers to see themselves as inescapably tied to others and calls them not to simple almsgiving but to the much harder task of growing in their capacity to accompany others as they struggle for their own liberation. [End Page 229]Julie Hanlon RubioSt. Louis UniversityCopyright © 2016 The Society of Christian Ethics... (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Ethics at the centre of global and local challenges. For much of the history of the Journal of Business Ethics, ethics was seen within the academy as a peripheral aspect of business. However, in (...) recent years, the stakes have risen dramatically, with global and local worlds destabilized by financial crisis, climate change, internet technologies and artificial intelligence, and global health crises. The authors of these commentaries address these grand challenges by placing business ethics at their centre. What if all grand challenges were framed as grand ethical challenges? Tanusree Jain, Arno Kourula and Suhaib Riaz posit that an ethical lens allows for a humble response, in which those with greater capacity take greater responsibility but remain inclusive and cognizant of different voices and experiences. Focussing on business ethics in connection to the grand challenge of environmental emergencies, Steffen Böhm introduces the deceptively simple yet radical position that business is nature, and nature is business. His quick but profound side-step from arguments against human–nature dualism to an ontological undoing of the business–nature dichotomy should have all business ethics scholars rethinking their “business and society” assumptions. Also, singularly concerned with the climate emergency, Boudewijn de Bruin posits a scenario where, 40 years from now, our field will be evaluated by its ability to have helped humanity emerge from this emergency. He contends that Milieudefensie v. Royal Dutch Shell illustrates how human rights take centre stage in climate change litigation, and how business ethics enters the courtroom. From a consumer ethics perspective, Deirdre Shaw, Michal Carrington and Louise Hassan argue that ecologically sustainable and socially just marketplace systems demand cultural change, a reconsideration of future interpretations of “consumer society”, a challenge to the dominant “growth logic” and stimulation of alternative ways to address our consumption needs. Still concerned with global issues, but turning attention to social inequalities, Nelarine Cornelius links the capability approach to global and corporate governance, arguing that CA will continue to lie at the foundation of human development policy, and, increasingly, CSR and corporate governance. Continuing debate on the grand challenges associated with justice and equality, Laurence Romani identifies a significant shift in the centrality of business ethics in debates on managing differences, positing that dialogue between diversity management and international management can ground future debate in business ethics. Finally, the essay concludes with a commentary by Charlotte Karam and Michelle Greenwood on the possibilities of feminist-inspired theories, methods, and positionality for many spheres of business ethics, not least stakeholder theory, to broaden and deepen its capacity for nuance, responsiveness, and transformation. In the words of our commentators, grand challenges must be addressed urgently, and the Journal of Business Ethics should be at the forefront of tackling them. (shrink)

When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human rights practices require both “the will and (...) the way.” Our central hypothesis is that capacities and willingness, acting jointly, are key determinants of improvements in compliance with international human rights norms. The paper confirms this proposition using two-staged and single-stage regression models and a time-series cross-sectional approach at the country-year level. A highly capable bureaucracy and a state that has signaled its willingness through the acceptance of individual complaint and inquiry procedures in the UN treaty regime are jointly necessary for improved human rights practices. (shrink)