This essay concerns itself with the methodology of practical ethics. There are a variety of methods employed in ethics. Although none have been firmly established as dominant, it is generally agreed that casuistry, or the case-based method, is one important strategy commonly used for resolving ethical issues. Casuists compare the case under consideration to a relevantly similar precedent case in which judgements have already been made, and they use these earlier judgements to determine the proper resolution of the (...) present case. In this article, I try to provide a better understanding of the nature of contemporary casuistry. To accomplish this, I explain the basic features of casuistic reasoning. The second section focuses on the logic of casuistry. By assessing casuistic reasoning from the logical viewpoint, casuistry can be reconstructed as a logically correct method of reasoning. The third section looks at casuistry from the epistemic point of view and investigates the justificatory force of casuistic reasoning. Finally, in the fourth section, I show the usefulness of formal casuistry. (shrink)

In the absence of a well articulated conceptual framework for nursing ethics, this article argues for a theory of applied ethics - casuistics - used within a clinical reasoning model, to analyse the complicated issues presented in three cases involving adolescents receiving treatment for abuse through a rural alternative learning centre. The clinical nurse specialist, as an independent practitioner within the community, is presented with many ethical challenges arising from cultural diversity. The inherent independent nature of such practice (...) environments combined with the pluralism which exists in today's multicultural society demands that professional nurses working in these circumstances develop and utilize an ethical framework for the analysis of patient care in situations that involve moral conflict. (shrink)

When a company raises its share price by sacking workers or polluting the environment, it is avoiding paying real costs. Accountancy, which quantifies certain rights, needs to combine with applied ethics to create a "computational casuistics" or "moral accountancy", which quantifies the rights and obligations of individuals and companies. Such quantification has proved successful already in environmental accounting, in health care allocation and in evaluating compensation payments. It is argued that many rights are measurable with sufficient accuracy to make (...) them credible and legally actionable. (shrink)

This paper addresses the question: Who or what can have a moral status in the sense that we have direct moral duties to them? It argues for a biocentric answer which ascribes inherent moral status value to all individual living organisms. This position must be defended against an anthropocentric position. The argument from marginal cases propounded by Tom Regan and Peter Singer for this purpose is criticised as defective, and a different argument is proposed. The biocentric position developed here is (...) related to that of Albert Schweitzer and Paul F. Taylor, but rejects their assumption of equal inherent value for all living organisms. It argues instead for equal moral status value for moral persons and agents, and gradual moral status value for nonpersons, depending on their degree of similarity with moral persons. Mary Ann Warren's recent book on Moral Status is also discussed. The argument is constructed as a casuistic argument, proceeding by analogical extension from persons to non-persons. The meta-ethical question of its pragmatic validity is discussed. (shrink)

Both communitarianism and casuistry have sought to restore ethics as a practical science—the former by incorporating various traditions into a shared definition of the common good, the latter by considering the circumstances of each situation through critical reasoning. Mark G. Kuczewski analyzes the origins and methods of these two approaches and forges from them a new unified approach. This approach takes the communitarian notion of the person as its starting point but also relies upon the narrative and analogical tools (...) of case-based reasoning. He separates out the rhetoric that is incongruent with the Aristotelian aspirations of each method to show that the two are complementary, and that consensus can emerge from fragmentation. He then applies his resulting method to three major problems in bioethics: the difficulties that the issue of personal identity poses for advance directives, the role of the family in medical decision making, and the refusal of treatment because of religious beliefs. He analyzes the need to assume a communitarian notion of the person as a starting point for the application of casuistic insights. Combining theoretical, practical, and scholarly insights, this book will be of interest to philosophers, political and social scientists, and bioethicists. (shrink)

The conciliationist and steadfast approaches have dominated the conversation in the epistemology of disagreement. In this paper, drawing on Jennifer Lackey’s justificationist approach and the casuistry paradigm in medical ethics, I will develop a more contextual epistemology of political disagreement. On this account, a given political disagreement’s scope, domain, genealogy, and consequence can be helpful for determining whether we should respond to that disagreement at the level of our confidence, beliefs, or with policy. Though some may argue that responding (...) with policy is a practical consideration instead of an epistemic matter, I argue that even policy responses to disagreements have an epistemic dimension to them that we should not ignore. (shrink)

This chapter presents a new version of the theory of deliberative democracy, focusing on its specificity as a future genre, and based on arguments used to defend plausibility. Moral philosophy of ethical theories is applied in this context as a form of casuistics, involving probabilities, and not limited to case studies within the framework of applied ethics. The chapter then considers relationships between the sciences, scientific practices and ethics; the interweaving of facts and values; the quarrels that exist (...) between coexisting disciplines; the competing approaches of epistemic pluralism, in both inter‐ and intra‐disciplinary forms; and argumentative coexistence in interdisciplinary contexts. It outlines the possible solution pathways, notably that of dialogical co‐argumentation. The chapter explores the question of pluralism of ethical theories with a focus on relevant elements that may modify an evaluation. In France, the precautionary principle has been enshrined in the Constitution since 2005, within the framework of the Environment Charter. (shrink)

Since the 1960s Christian ethics in Britain has become stronger, more theological, and more Protestant, so that its moral intelligence is now much more fully informed by the full range of theological premises. In the future, however, Christian ethics needs to make up certain recent losses: to re-engage with moral philosophy, in order to rebut the glib dismissal of religious ethics by popularising atheists; to read less philosophy and more history, in order to become plausible to public (...) policy-makers; and to revive the model of interdisciplinary work, in order both to understand the matter which it would interpret morally and to inject Christian analyses and judgements into the bloodstream of public discourse. (shrink)

: This article draws upon the Roman Catholic distinction between "ordinary" and "extraordinary" means of medical treatment to analyze the case of "Jodie" and "Mary," the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O'Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes (...) various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used in other cases that raise similar issues, including women facing crisis pregnancies who prefer abortion to adoption and the Indiana "Baby Doe" case. (shrink)

Business ethics is usually taught either from a philosophical perspective that derives guiding normative principles from abstract theories of philosophical ethics or from an atheoretical perspective that has students analyze cases that present difficult ethical issues and propose solutions on a casuistic basis. This article proposes a third approach—the Principles Approach—that derives guiding normative principles teleologically from the nature of market activity itself. The articledemonstrates how the Principles Approach can meet the four main challenges facing those who (...) teach ethics in business schools—the challenges of definition, abstract, cultural relativism, and integration. (shrink)

At the level of theoretical foundations, contemporary bioethics is to a large extent Balkanized. Without difficulty, one can find contributions from communitarians, consequentialists, and feminists, as well as those who advocate an and The problem is not so much the wide diversity of views as the lack of agreement over the basics of medical ethics. For that reason alone, any attempt to find some harmony among these many diverse voices is a welcome addition to the literature. FragmentationandConsensus is such (...) an attempt. Kuczewski argues that both communitarianism and casuistry can be understood as neo-Aristotelian approaches to ethics, and that once these views are communitarianism and casuistry are found to be highly complementary. In the process of constructing his theory, Kuczewski also finds room for liberal political theory and narrative ethics. The resulting amalgam is interesting, and the project ambitious. (shrink)

Business ethics is usually taught either from a philosophical perspective that derives guiding normative principles from abstract theories of philosophical ethics or from an atheoretical perspective that has students analyze cases that present difficult ethical issues and propose solutions on a casuistic basis. This article proposes a third approach—the Principles Approach—that derives guiding normative principles teleologically from the nature of market activity itself. The articledemonstrates how the Principles Approach can meet the four main challenges facing those who (...) teach ethics in business schools—the challenges of definition, abstract, cultural relativism, and integration. (shrink)

The question I investigate concerns the ethics of clinical ethics consultation. To begin, I reconstruct and critically assess a widespread understanding of clinical medical ethics, one most prominently advanced by Mark Siegler. That examination reveals an overtly political strategy designed to reinforce physician authority. Next, John La Puma's work is discussed. Arguably the most prominent of Siegler's students, and certainly the most prolific, La Puma appears attentive to the problems in Siegler's view regarding clinical judgment. I conclude, (...) however, that La Puma assumes a relatively flexible system of formal rules and more extensive informal codes which define the concepts and procedures of medical consultation and which he simply transcribes for ethics consultation. ;Albert Jonsen and Stephen Toulmin have apparently endorsed this medicalized strategy. They contend that the view of ethics advocated by these physicians represents a "new" casuistry consistent if not identical to their own theory. I show that the casuist method of clinical ethical decision making simply appropriates features of the diagnostic apparatus embedded in the political economy of the enterprise of medicine and makes the role of ethicist parasitic on that of the physician as expert. Their casuistry, I argue, merely serves as a means to reinforce the standardized apparatus of professional authority exercised in medical procedures and concepts. ;Finally, I sketch an alternative way to think about how experience with other persons informs ethical decision making. On the basis of an extensive and nuanced account of an ethics consultation, I argue that to consult as a clinical philosopher in any situation is, necessarily, to be focused on that individual situation for its own sake. Clinical philosophy, as a result, must be done by attending strictly to what appears as it appears: the issues, concerns, and questions expressed, in their own terms, by those individuals whose situation it is. (shrink)

Purpose This paper aims to propose an ethical approach best suited to dealing with the issues of digital ethics in general and internet research ethics in particular. Design/methodology/approach This article engages with the existing literature on virtue ethics, situationism and digital ethics. Findings A virtue-based casuistic method could be well-suited to deal with issues relating to digital ethics in general and internet research ethics in particular as long as it can take place in (...) communities with shared practices and traditions. Originality/value These insights could add and further deepen the rich debate about research ethics that is already ongoing within the internet research community. (shrink)

The use of platelet rich plasma as a novel treatment is discussed in the context of a qualitative research study comprising 38 interviews with sports medicine practitioners and other stakeholders working within the English Premier League during the 2013–16 seasons. Analysis of the data produced several overarching themes: conservatism versus experimentalism in medical attitudes; therapy perspectives divergence; conflicting versions of appropriate evidence; subcultures; community beliefs/practices; and negotiation of medical decision-making. The contested evidence base for the efficacy of PRP is presented (...) in the context of a broader professional shift towards evidence based medicine within sports medicine. Many of the participants while accepting this shift are still committed to casuistic practices where clinical judgment is flexible and does not recognize a context-free hierarchy of evidentiary standards to ethically justifiable practice. We also discuss a tendency in the data collected to consider the use of deceptive, placebo-like, practices among the clinician participants that challenge dominant understandings of informed consent in medical ethics. We conclude that the complex relation between evidence and ethics requires greater critical scrutiny for this emerging specialism within the medical community. (shrink)

In a morally fragmented society there is no good reason for ethics committees to assume any particular point of view, yet failure to do so compromises their ability to function in either a case‐review or an educational capacity. A casuist methodology might enable committees to fulfill both roles.

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)

At the heart of the uniqueness debate is the possibility that the computer revolution may demand more in the way of ethical analysis than our traditional (that is, modern) ethical edification has prepared us for. In short, it may present new and unique problems and therefore demand new and unique solutions. In this article I argue that the solution is in fact an old and not‐so‐unique one: casuistry. Appealing to Jonsen and Toulmin's analysis of casuistry (1988), I argue that a (...) casuistic methodology is a more accurate description of the moral reasoning used by contemporary computer ethicists than are other accounts. In addition, I argue that the strengths that enabled casuistry to deal successfully with radical social, economic, and religious changes in the sixteenth and seventeenth centuries render casuistry well suited to the task of dealing with radically new situations like those found in twentieth‐ and twenty‐first‐century computer technology. Before concluding, I briefly explore Pascal's fatal critique of casuistry and its relevance for contemporary computer ethics. (shrink)

The article is dedicated to the application questions of a case study method known as casuistry. In its long tradition, it focuses on an influential variant of the early modern period and reconstructs its functionality. In the course of reading recent receptions, it is noted that some studies speak of a “casuistic revival” in moral case deliberation in health care. As a result of this revival, casuistry has been modified in such a way that it guides case discussions in (...) practice with the help of a tripartite methodology. However, as it turns out, casuistry, a case comparison method of ethical judgement based on reasoning logic, is less suitable for moral case deliberations in direct patient care. This stems from the fact that casuistry is a detailed procedure of ethical learning beneficial to institutionalized ethics committees or similar forms of ethics consultation in health care. (shrink)

In chapter one I will try to reconstruct a plot, or a hidden agenda, in the discussion in ethics between the beginning of the twentieth century and 1958, the year of a decisive turning point in ethics, both Anglo-Saxon and Continental, and strangely enough also the year of the beginning of the end of the Cold War, of post-Tridentine Catholicism, and perhaps something else. My hypothesis will be that there are two similar starting points for the Anglo-Saxon and (...) the Continental twentieth-century discussion, the philosophies of Henry Sidgwick and Friedrich Nietzsche, both expressions of some kind of ethical scepticism, and that a third, somewhat analogous starting-point could be found in Émile Durkheim, the proponent of the dream of the morale laïque. I will discuss how far the diagnosis formulated by Karl-Otto Apel of a kind of ‘parallel convergence' between existentialism and analytic philosophy, based on the shared division of facts and values that eventually justified two kinds of 'decisionism' is useful in making sense of the agenda of the discussion. In the second chapter I will discuss the reasons for two parallel U-turns around 1958 which brought back traditional schools of normative ethics, 'deontologism' and utilitarianism, as well as the reasons for criticism to both schools from the heterogeneous alignment of virtue ethics. In the third chapter I will discuss the remarkable phenomenon of the emergence, starting with the Sixties or the early Seventies, of ‘applied’ ethics. I examine the reasons, both theoretical and political, for the revival, the point to which applied ethics may look as a grand return of a casuistic and natural law way of thinking, or in Alan Donagan’s words a case of “reverse subversion” of the modern secular world by traditional Scholastic ways of thinking, and the difficult coexistence between general normative ethics and procedures for settling issues in a ‘reasonable’ way while dissent on issues of principle is as alive as ever. Then I try to draw a provisional moral. My suggestions are that (i) casuistry is more alive than ever; (ii) natural law thinking is more alive than ever; (iii) moral dilemmas never arise; (iv) moral dissent is treatable, with the right strategy; (v) practical philosophy does not need the same degree of exactness as the theoretical sciences but this is no obstacle to its working in practice. (shrink)

According to William James's casuistic rule we are always morally obligated to act in a way that maximizes desire satisfaction over desire dissatisfaction. This maximizing rule sharply clashes with James's strong deontological intuitions, which he expresses in other writings. A key problem for an interpreter is that sometimes James expresses his casuistic rule in terms of maximizing demand (or claim) satisfaction. An effort is made to relate these two different versions of the casuistic rule in a harmonious (...) fashion. (shrink)

This essay focuses on how casuistry can become a useful technique of practical reasoning for the clinical ethicist or ethics consultant. Casuistry is defined, its relationship to rhetorical reasoning and its interpretation of cases, by employing three terms that, while they are not employed by the classical rhetoricians and casuists, conform, in a general way, to the features of their work. Those terms are (1) morphology, (2) taxonomy, (3) kinetics. The morphology of a case reveals the invariant structure of (...) the particular case whatever its contingent features, and also the invariant forms of argument relevant to any case of the same sort: these invariant features can be called topics. Taxonomy situates the instant case in a series of similar cases, allowing the similarities and differences between an instant case and a paradigm case to dictate the moral judgment about the instant case. This judgment is based, not merely on application of an ethical theory or principle, but upon the way in which circumstances and maxims appear in the morphology of the case itself and in comparison with other cases. Kinetics is an understanding of the way in which one case imparts a kind of moral movement to other cases, that is, different and sometimes unprecedented circumstances may move certain marginal or exceptional cases to the level of paradigm cases. In conclusion, casuistry is the exercise of prudential or practical reasoning in recognition of the relationship between maxims, circumstances and topics, as well as the relationship of paradigms to analogous cases. (shrink)

This paper examines the methodological problem of casuistry by reference to Immanuel Kant's position on it. He addressed “Casuistical Questions” in his last work on ethics, Metaphysik der Sitten, in order to defend his position against attacks from scholars defending an Aristotelian eudemonistic viewpoint. It is argued that Kantian casuistry has much in common with the Aristotelian idea of emphasizing the moral objectives and sensibility of an agent in concrete circumstances. Nevertheless, Kant did not entirely adopt the case-oriented ethical (...) perspective because he saw the moral duty as the „wide“ one. Moral duties are wide in the sense that they demand continuous self-examination: asking whether there might be a better way to limit one's maxim by another. According to Kant, although casuistry as a case study could give moral law or duties more practicability through the training of moral judgment, the moral agent cannot use with individual cases in order to modify or devise new moral rules or duties. (shrink)

Until Joseph Heath came along, philosophical business ethics was in a bad way. To the extent it’s still in a bad way, perhaps it’s because Heath has had insufficient influence. Before Heath, much of the debate in the field was between two major theories—stockholder and stakeholder theory. Both of these theories are either false, or vacuous and empty, depending on the interpretation. Heath has to some degree rescued the field by providing what is perhaps the only good general theory (...) of business ethics, which Heath calls the Market Failures Approach. (To be clear, there is some good casuistical work in business ethics, but the Market Failures Approach is perhaps the only good general theory of.. (shrink)

Contemporary just war thinking has mostly been split into two competing camps, namely, Michael Walzer’s approach and its revisionist critics. While Walzerians employ a casuistical method, most revisionists resort to analytical philosophy’s reflective equilibrium. Importantly, besides employing different methods, the two sides also disagree on substantive issues. This article focuses on one such issue, the moral equality of combatants, arguing that while a methodological reconciliation between the two camps is impossible, contemporary debate would benefit from a ‘third-way’ approach. Presenting James (...) Turner Johnson’s historical method as such an approach, the article suggests that while revisionists are correct in considering the symmetry thesis as ethically indefensible, in order to arrive at this judgement, it is not necessary to employ far-fetched thought experiments and the use of historical cases is preferable. The root cause of Walzer’s problematic reasoning vis-à-vis the symmetry thesis, the histori... (shrink)

IRBs and REBs use specialized language. A process of definition and re-definition of the situation occurs. That process of interpretation can usefully be considered from the perspective of interpretive social science models involving Symbolic Interaction, Semiotics and Hermeneutics. Seven examples are provided to flesh out the nuances of contextual decision making and the “casuistic” aspects of a balanced approach to complex problems. While many decisions are relatively unproblematic and can follow a template, it is not possible simply to apply (...) a fixed and mechanical approach. Hence, a socialization process occurs in which committee members must learn the actual application of the rules as opposed to the formal requirements. A “tightrope” between overly rigid and overly lax interpretations must be crossed and the more we understand the process of semiosis and the semiotic context the more likely it will be that truly ethical decisions will be “accomplished.” The lack of adequate survey data makes it all the more important to have good theoretical understanding of process. (shrink)

This dissertation examines the two most popular contemporary revivals of Aristotelian ethics, communitarianism and casuistry. I consider how these two schools of thought which take Aristotle's ethics as their starting point, can seem to be so diametrically opposed. The communitarian approach to ethics, personified by Alasdair MacIntyre, Michael Sandel, and Ezekiel J. Emanuel argues that a shared notion of the self or the good life must be sought prior to resolving ethical problems. Conversely, the new casuistic (...) movement, exemplified by the recent work of Albert Jonsen, Stephen Toulmin, and Carson Strong eschews such theoretical baggage in favor of a case-based ethics. By examining each school of thought in the light of their Aristotelian aspirations, namely, their desire to re-establish an ethics based upon prudence that overcomes the fact/value distinction, spurious elements of their rhetoric are rejected. This allows us to see the compatible strains in communitarianism and casuistry and to demonstrate the elements they must borrow from each other in order to be viable approaches to ethical and political philosophy. (shrink)

A set of basic static predicates, 'in itself, 'existing through itself, 'free', and others are taken to be (at least) extensionally equivalent, and some consequences are drawn in Parts A and? of the paper. Part C introduces adequate causation and adequate conceiving as extensionally equivalent. The dynamism or activism of Spinoza is reflected in the reconstruction by equating action with causing, passion (passive emotion) with being caused. The relation between conceiving (understanding) and causing is narrowed down by introducing grasping (λ (...) μβ?νω) as a basic epistemological term. Part D, 'The road to freedom through active emotion', introduces a system of grading with respect to the distinctions introduced in the foregoing, including 'being in itself, 'freedom', etc. Active emotions are seen to represent transitions to a higher degree of freedom, the stronger and more active ones being the more conducive to rapid increase in degree of freedom. Elementary parts of the calculus of predicates are used in order to facilitate the survey of conceptual relations and to prove some theorems. (shrink)

The heart of Richard Kenneth Atkins’s Peirce and the Conduct of Life: Sentiment and Instinct in Ethics and Religion is an interpretation and defense of Peirce’s sentimental conservatism, as well as an extension of that idea to Peirce’s philosophy of religion and to the casuistic approach to practical ethics. “A Defense of Peirce’s Sentimental Conservatism” is the explicit title of the second of the book’s six chapters. But the only chapter in which Peirce’s sentimental conservatism does not (...) itself appear to play an explicit role is chapter five, “Self-Control and Moral Responsibility”, which is perhaps the chapter that reads most as a stand-alone work (even though the first chapter is the... (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 293-302.

Aggregative consequentialism and several other popular moral theories are threatened with paralysis: when coupled with some plausible assumptions, they seem to imply that it is always ethically indifferent what you do. Modern cosmology teaches that the world might well contain an infinite number of happy and sad people and other candidate value-bearing locations. Aggregative ethics implies that such a world contains an infinite amount of positive value and an infinite amount of negative value. You can affect only a finite (...) amount of good or bad. In standard cardinal arithmetic, an infinite quantity is unchanged by the addition or subtraction of any finite quantity. So it appears you cannot change the value of the world. Modifications of aggregationism aimed at resolving the paralysis are only partially effective and cause severe side effects, including problems of “fanaticism”, “distortion”, and erosion of the intuitions that originally motivated the theory. Is the infinitarian challenge fatal? (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 237-240.