This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of (...) basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller state that by arguing “that autonomy matters centrally to contract,” Contract as Promise makes an “enduring contribution... but [its] specific arguments faltered because [they] missed the role of diverse contract types and because [it] grounded contractual freedom in a flawed rights-based view.... We can now say all rights-based arguments for contractual autonomy have failed.” The authors conclude that their proposed choice theory “approach returns analysis to (...) the mainstream of twentieth-century liberalism – a tradition concerned with enhancing self-determination that is mostly absent in contract theory today.” Perhaps the signal flaw in Contract as Promise they sought to address was the homogenization of all contract types under a single paradigm. In this Article, I defend the promise principle as the appropriate paradigm for the regime of contract law. Along the way I defend the Kantian account of this subject, while acknowledging that state enforcement necessarily introduces elements — both normative and institutional — for which that paradigm fails adequately to account. Of particular interest and validity is Dagan and Heller’s discussion of contract types, to which the law has always and inevitably recurred. They show how this apparent constraint on contractual freedom actually enhances freedom to contract. I discuss what I have learned from their discussion: that choice like languages, is “lumpy,” so that realistically choices must be made between and framed within available types, off the rack, as it were, and not bespoke on each occasion. I do ask as well how these types come into being mutate, and can be deliberately adapted to changing circumstances. (shrink)

1. John Rawls' A Theory of Justice represented a rare intellectual event. It advanced a fresh, detailed and powerful conception of political economy, and rooted that conception in an elaborately worked out political and moral philosophy. Rawls' two principles of justice, with the celebrated maximin standard of distributive justice, represent the point of departure for any serious discussion of this subject. The details of Rawls' proposal are too well known to require summary. Instead, I shall call attention to the (...) basic premise of his work and to a significant anomaly in it, as setting the stage for my own proposal. (shrink)

This book presents an exploration of the idea of the common or social good, extended so that alternatives with different populations can be ranked. The approach is, in the main, welfarist, basing rankings on the well-being, broadly conceived, of those who are alive. The axiomatic method is employed, and topics investigated include: the measurement of individual well-being, social attitudes toward inequality of well-being, the main classes of population principles, principles that provide incomplete rankings, principles that rank uncertain alternatives, best choices (...) from feasible sets, and applications. The chapters are divided, with mathematical arguments confined to the second part. The first part is intended to make the arguments accessible to a more general readership. Although the book can be read as a defense of the critical-level generalized-utilitarian class of principles, comprehensive examinations of other classes are included. (shrink)

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a (...) class='Hi'>theory of international politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

The development of nursing ethics as a field of inquiry has largely relied on theories of medical ethics that use autonomy, beneficence, and/or justice as foundational ethical principles. Such theories espouse a masculine approach to moral decision-making and ethical analysis. This paper challenges the presumption of medical ethics and its associated system of moral justification as an appropriate model for nursing ethics. It argues that the value foundations of nursing ethics are located within the existential phenomenon of human caring within (...) the nurse/patient relationship instead of in models of patient good or rights-based notions of autonomy as articulated in prominent theories of medical ethics. Models of caring are analyzed and a moral-point-of-view (MPV) theory with caring as a fundamental value is proposed for the development of a theory of nursing ethics. This type of theory is supportive to feminist medical ethics because it focuses on the subscription to, and not merely the acceptance of, a particular view of morality. (shrink)

Photo by Karl Raymund Catabas on Unsplash “After Buddha was dead, they still showed his shadow in a cave for centuries – a tremendous, gruesome shadow. God is dead; but given the way people are, there may still for millennia be caves in which they show his shadow. – And we – we must still defeat his shadow as well!” – Friedrich Nietzsche[1] INTRODUCTION Friedrich Nietzsche famously declared that “God is dead!”[2] but lamented that his contemporaries remained living in the (...) shadow of God. For Nietzsche, the morality of his time was still based in the Christian tradition, even though faith in God was waning. Bioethics lives under a similar shadow: the shadow of Enlightenment Era-rationalism. Bioethics curricula focus on principles derived from Kantian deontology and utilitarianism. The allure of maintaining a moral framework that provides a rational method that can be handily applied to any situation remains strong. The principlist approach advanced by Tom Beauchamp and James Childress is taught to nearly all medical students in the United States,[3] and is essentially the canonical ethical framework of bioethics. In this model, the principle of autonomy is Kantian in nature, and the principles of beneficence and non-maleficence are utilitarian in nature.[4] Moreover, the presented framework is an approach that, when applied rationally to any healthcare scenario, will yield an outcome “considered moral.”[5] This reflects a faulty conception of philosophy that plagues much of bioethics, wherein the only contribution of philosophy pertinent to bioethics is moral philosophy elucidated by European thinkers in the Enlightenment Era. The landscape of moral philosophy has evolved significantly from the 18th century. However, the bioethical world has not kept up with the philosophical world, remaining instead in the shadow of antiquated moral thinking. Also lacking in bioethics are other disciplines of philosophy, such as philosophy of language, existentialism, and aesthetics, which are often given no consideration at all. The inclusion of both modern moral philosophy and other philosophical fields is necessary if bioethics is to survive its transition into modernity. l. The Shadow of Enlightenment Enlightenment Era philosophers such as Immanuel Kant argued that one need only employ reason to obtain knowledge; emotion bore no relevance when determining ethical behavior. Kant’s moral theories thus privileged a duty to act according to moral imperatives over feelings. Other Enlightenment Era philosophers such as John Locke developed systems that attempted to quantify human goods and human ills. This quantification potentially reduces human welfare and suffering to utility. Today, in the world of philosophy, such a “neutral analysis,” as Cora Diamond noted, is “dead or moribund.”[6] Bernard Williams remarked that such moral philosophy is “empty and boring,”[7] and G. E. M. Anscombe stated that it “no longer generally survives.”[8] And yet, just as the atheists in Nietzsche’s world dwelt in the moral code of a dead God, bioethicists still pursue a unified moral system that takes an input, applies some moral rules, and generates a moral outcome, like the four principles approach that Beauchamp and Childress laid out.[9] Some detractors of principlism take issue with their approach for not being unified enough and want to replace it with a procedural framework that is even more systematic and complicated. They argue that the resulting moral framework would be a “comprehensive decision procedure for arriving at answers”[10] that retains the “impartiality that is an essential part of morality.”[11] The shadow of rationalist morality has caused bioethical decision making to become detached and rigid when bioethics should concern itself with the humans whose lives it affects. A rational, divorced-from-emotion way of thinking ultimately fails to yield satisfactory results when decisions are made by and for emotional beings. Dr. Paul Farmer, among others, championed the idea that bioethics should be de-philosophized, as philosophy, cold and calculated, fails to adequately respond to the realities of those worst off.[12] Instead, Dr. Farmer emphasized the inclusion of the social sciences, like sociology and anthropology, in bioethics. Undoubtedly, Dr. Farmer was on the right track; bioethics should certainly engage directly with the people whom its decisions involve. If the narrow band of moral philosophy currently found in bioethics – that of stringent rationalism – were all that philosophy had to offer, I, too, would advocate for a de-philosophization. Ludwig Wittgenstein notes that to attempt to capture the complexity of moral thinking in a manner that employs reason alone and casts aside emotion is a “hopeless task,” like reconstructing a sharp image “from a blurred one.”[13] Unfortunately, bioethics is mired in the remnants of this hopeless task. To Dr. Farmer, the dominant moral framework was too restrictive and was unresponsive to the social and humanitarian needs of those whom bioethics is meant to help. As such, he wished to free bioethics from the shadow of a morality derived from rationalist thinkers. ll. Beyond Rationalism Like Nietzsche, who tried to resolve Europe’s post-religion vacuum by providing his society with a new way to live, Dr. Farmer wanted to replace the rationalist philosophy upon which bioethics was built with a “resocialization” of the field.[14] I agree with Dr. Farmer’s call for resocialization, as well as his denouncement of philosophy as it exists in bioethics. Evaluating risks and benefits along a predetermined array of moral principles is far too rigid and impersonal to guide what are often the most important decisions one will make. For Dr. Farmer, the most needed change was restoring the social element of bioethics. However, in advocating for this resocialization, Dr. Farmer casts philosophy as the antithesis of social science, noting that “few would regard philosophy … as a socializing discipline.”[15] I disagree. Rationalist moral philosophy may be lacking in socializing force, but there are other fields of philosophy that are responsive to our social reality. Rather than de-philosophizing bioethics, it makes more sense to replace the antisocial philosophies predominant in bioethics with prosocial philosophies better suited to it. Of course, the contribution of philosophy to bioethics is more than moral theories from the Enlightenment Era. There are more recent philosophical contributions from outside the field of moral philosophy that have roused bioethical interest. Jennifer Blumenthal-Barby, et al., argue for philosophy’s continued place in bioethics, citing Derek Parfit’s “non-identity problem,” which altered the landscape of reproductive ethics, and David Chalmers’ contributions to philosophy of consciousness, which have implications for the moral status of brain organoids.[16] Still, these are narrow applications of philosophy to highly specialized areas of bioethics, which not all bioethicists are inclined to delve into. Philosophy in bioethics should not be confined to niche applications in specialist fields but should influence all bioethical thought. Fortunately, there remains untapped a wealth of philosophical disciplines that pertains to exactly this. Philosophy of language investigates the nature of meaning and understanding in communication, which is a necessary social action. Successfully deciphering and conveying moral values in discourse is a bioethicist’s bread and butter, as is resolving disagreements and reaching agreements. Indeed, it is often the case that miscommunication lies at the root of an impasse between a doctor and a patient. An understanding of the nature of the disagreement would help resolve the conflict, as different types of disagreements require different interventions for resolution. For instance, a “substantive disagreement,”[17] in which two parties use the same terms in the same ways and have a fundamental disagreement on which outcome is more desirable, can be resolved only if one party yields to the other. On the other hand, a “merely verbal dispute,”[18] in which two parties use the same terms to represent entirely different concepts and values, requires standardization of terminological usage for its resolution. As such, no one can overstate the moral importance of successful communication in bioethics, and an exploration of language itself would prove invaluable to a bioethicist’s training. Existentialism is another subset of philosophy that acknowledges the social nature of human existence, noting that one’s being in the universe is concomitant with the existence of others sharing the same universe.[19] Thus, there is the recognition that whatever existence is, it is not complete without the existence of others. With this as a starting point, existentialists examined how to live meaningfully with others in this world. Since ethics crucially involves others, it is no surprise that existentialists pondered how to live moral lives. Existentialist conceptions of morality did not revolve around acting in accordance with a set of rules, but rather, recognized individual freedom in choosing how to act and emphasized acting authentically. In this vein, bioethicists should commit to doing what is right rather than committing to applying a set of principles. Existentialism, while part of the broader bioethics literature, is less common throughout bioethics curricula and deserves more prominence. Martin Heidegger, for instance, emphasized the difference between two types of thinking: “calculative thinking” and “meditative thinking.” Heidegger characterizes calculative thinking as a computation, wherein from some given starting conditions “definite results”[20] are determined, and contrasts this with meditative thinking, which he describes as “thinking which contemplates the meaning which reigns in everything that is.”[21] Heidegger was critical of the pervasiveness of calculative thinking, seeing it as the “ground of thoughtlessness,”[22] in which we only relate to the world in a meaningless, mechanical way. This is the emphasized type of thinking in rationalist conceptions of morality popular in bioethics; from a set of starting conditions, a series of rules are applied, and a moral outcome is calculated. Such a technique, however, discounts the personal meaning individuals place on the aspects of their lives relevant to their decision making, as well as the meaning in committing to doing what is right. Under calculative thinking, such a commitment is reduced to rote rule-following. A turn to meditative thinking would ensure that bioethical decisions comport with living meaningful lives. Even aesthetics, a discipline devoted to examining beauty and taste,[23] has a place in bioethics. Just as the viewing of a painting, the listening of a song, or the reading of a book elicits an effective response, hearing a patient’s story leaves an emotional imprint. The recounting of a traumatic moment imparts sadness, and a joyous occasion begets joy in the listener as well. As acknowledged in the field of everyday aesthetics, these aesthetic experiences often spur us to act:[24] The unsightly appearance of a polluted riverbank drives us to remove the trash; the presence of sorrow in one’s life drives us to ameliorate it. To be mindful of aesthetic experiences and allow them to affect us emotionally is paramount to the motivation of a bioethicist to serve the patient, not out of an obligation to a job description, but out of a desire to truly avail the patient of their anguish. For example, the new field of narrative medicine utilizes critical reading and literary techniques to train clinicians and bioethicists in emotional understanding and listening skills that stress the social aspects of medicine beyond rational analysis and decision making. CONCLUSION Dr. Farmer is absolutely correct; bioethics is in dire need of resocialization. It should not be the case that the justification for a moral action is essentially that “the rules say so,” or that simply by teaching such rules to medical students, the very act of making bioethical decisions that diverge from those determined by principles can be seen as an act of “bad faith … hubris or, worse, malpractice.”[25] As bioethicists are coming to realize, the rationalist philosophical traditions that bioethics was founded upon are past their expiry, and the time for change is now. Indeed, as Dr. Farmer urges, “socializing disciplines” like anthropology, history, political economy, and sociology are necessary to humanize the field of bioethics.[26] So too, however, can philosophy be a socializing discipline, if we know where to look. Bioethics should evolve. Its new goal should be to focus on meaningful human relationships, and to phase out rigid, impersonal modes of moral thinking. The limited sampling of unsatisfying moral theories from hundreds of years ago leaves many bioethics students cold, and it is easy to see why bioethicists are ready to part ways with philosophy. I believe this is a move in the wrong direction; there is a place for philosophy in the future of bioethics. Just as bioethics needs a resocialization, it is also needs of a re-philosophization. These enrichments complement one another. There is more to bioethics than mechanically determining the right course of action in a healthcare setting. Bioethics engages with the most ancient of philosophical questions: questions of what makes human existence meaningful, what makes us who we are, how we want to relate to others, how and why we feel, what our place in the world is, how we can communicate what we think, and why our moral intuitions are so compelling. We would be remiss if we did not begin to investigate additional contributions to morality from a wider range of philosophies that try to provide answers to such questions, as they offer a richness to moral thinking that cannot be gleaned from traditional bioethical approaches alone. - [1] Friedrich Wilhelm Nietzsche, The Gay Science: With a Prelude in German Rhymes and an Appendix of Songs, ed. Bernard Williams, Josefine Nauckhoff, and Adrian Del Caro, Cambridge Texts in the History of Philosophy, 109. [2] Nietzsche, 120. [3] Daniel C O’Brien, “Medical Ethics as Taught and as Practiced: Principlism, Narrative Ethics, and the Case of Living Donor Liver Transplantation,” The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 47, no. 1 : 97, https://doi.org/10.1093/jmp/jhab039. [4] K. D. Clouser and B. Gert, “A Critique of Principlism,” Journal of Medicine and Philosophy 15, no. 2 : 219–36, https://doi.org/10.1093/jmp/15.2.219. [5] O’Brien, “Medical Ethics as Taught and as Practiced,” 97. [6] Cora Diamond, “Having a Rough Story about What Moral Philosophy Is,” New Literary History 15, no. 1 : 168, https://doi.org/10.2307/468998. [7] Bernard Williams, Morality: An Introduction to Ethics, Canto ed, xvii. [8] G. E. M. Anscombe, “Modern Moral Philosophy,” Philosophy 33, no. 124 : 1, https://doi.org/10.1017/S0031819100037943. [9] Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 7th ed, 13. [10] Clouser and Gert, 233. [11] Clouser and Gert, “A Critique of Principlism,” 235. [12] Paul Farmer and Nicole Gastineau Campos, “Rethinking Medical Ethics: A View from Below,” Developing World Bioethics 4, no. 1 : 17–41, https://doi.org/10.1111/j.1471-8731.2004.00065.x. [13] Ludwig Wittgenstein, Philosophical Investigations, ed. Joachim Schulte, trans. P. M. S. Hacker, 4th edition, 40. [14] Farmer and Campos, “Rethinking Medical Ethics,” 20. [15] Farmer and Campos, 20. [16] Jennifer Blumenthal-Barby et al., “The Place of Philosophy in Bioethics Today,” The American Journal of Bioethics: AJOB, June 30, 2021, 3–5, https://doi.org/10.1080/15265161.2021.1940355. [17] Brendan Balcerak Jackson, “Verbal Disputes and Substantiveness,” Erkenntnis 79, no. S1 : 31–54, https://doi.org/10.1007/s10670-013-9444-5. [18] C. S. I. Jenkins, “Merely Verbal Disputes,” Erkenntnis 79, no. 1 : 11–30, https://doi.org/10.1007/s10670-013-9443-6. [19] Steven Crowell, “Existentialism,” in The Stanford Encyclopedia of Philosophy, ed. Edward N. Zalta, Summer 2020, https://plato.stanford.edu/archives/sum2020/entries/existentialism/; Anita Avramides, “Other Minds,” in The Stanford Encyclopedia of Philosophy, ed. Edward N. Zalta, Winter 2020, https://plato.stanford.edu/archives/win2020/entries/other-minds/. [20] Martin Heidegger, Discourse on Thinking, Harper Torchbooks, 46. [21] Heidegger, 46. [22] Heidegger, 45. [23] Nick Zangwill, “Aesthetic Judgment,” in The Stanford Encyclopedia of Philosophy, ed. Edward N. Zalta, Winter 2021, https://plato.stanford.edu/archives/win2021/entries/aesthetic-judgment/. [24] Yuriko Saito, “Aesthetics of the Everyday,” in The Stanford Encyclopedia of Philosophy, ed. Edward N. Zalta, Spring 2021, https://plato.stanford.edu/archives/spr2021/entries/aesthetics-of-everyday/. [25] O’Brien, “Medical Ethics as Taught and as Practiced,” 112. [26] Farmer and Campos, “Rethinking Medical Ethics,” 20. (shrink)

In the jurisprudence of constitutional courts around the world, there is an emerging trend towards an autonomy-based understanding of constitutional rights: increasingly, rights are interpreted as being about enabling people to live autonomous lives, rather than disabling the state in certain ways. This article investigates the conception of autonomy employed by courts by presenting two candidates and examining which of them explains the current practice of constitutional rights law better. The first, labelled the excluded reasons conception of autonomy, claims that (...) a person’s autonomy is violated if he is treated on the basis of certain impermissible—in particular, moralistic or paternalistic—reasons. It is concluded that, while this is a coherent understanding of autonomy, it cannot explain many of the rights that are widely accepted today. The second, the protected interests conception, argues that a person has autonomy interests in controlling certain domains of her life, and offers a scale on which the importance of the various autonomy interests can be assessed. The article demonstrates that this conception is coherent and adequately explains the current practice. The final section briefly explores some implications of this result for a comprehensive reconstructive theory of constitutional rights. (shrink)

When may a physician enroll a patient in clinical research? An adequate answer to this question requires clarification of trust-based obligations of the state and the physician-researcher respectively to the patient-subject. The state relies on the voluntarism of patient-subjects to advance the public interest in science. Accordingly, it is obligated to protect the agent-neutral interests of patient-subjects through promulgating standards that secure these interests. Component analysis is the only comprehensive and systematic specification of regulatory standards for benefit-harm evaluation (...) by research ethics committees (RECs). Clinical equipoise, a standard in component analysis, ensures the treatment arms of a randomised control trial are consistent with competent medical care. It thus serves to protect agent-neutral welfare interests of the patient-subject. But REC review occurs prior to enrolment, highlighting the independent responsibility of the physician-researcher to protect the agent-relative welfare interests of the patient-subject. In a novel interpretation of the duty of care, we argue for a “clinical judgment principle” which requires the physician-researcher to exercise judgment in the interests of the patient-subject taking into account evidence on treatments and the patient-subject‘s circumstances. (shrink)

Chronic diseases represent the major illness burden of developed nations. A chronic disease databank system consists of parallel longitudinal data sets from diverse locations describing the courses of thousands of patients with chronic illness over many years. Illustrated by ARAMIS (The American Rheumatism Association Medical Information System), such data resources facilitate analysis of long term health outcomes and the factors associated with particular outcomes. A model for clinical investigation of contemporary disease is presented, based on the overwhelming prevalence of chronic (...) illness, the variability, complexity, and uniqueness of the individual patient course, the difficulties of traditional univariate reductionist approaches, and the time span required for study. In this model, data are systematically accrued and continually analyzed, and the data collected are gradually modified based upon evolving anticipation of future needs. The strategies underlying the development of ARAMIS are described, investigational results summarized, and future directions outlined. Keywords: ARAMIS, Chronic Disease Databanks, Prognosis, Health Outcomes CiteULike Connotea Del.icio.us What's this? (shrink)

This paper aims to provide autonomy-based reasons in favour of limitarianism. Limitarianism affirms it is of primary moral importance that no one gets too much. The paper challenges the standard assumption that having more material resources always increases autonomy. It expounds five mechanisms through which having too much material wealth might undermine autonomy. If these hypotheses are true, a theory of justice guided by a concern for autonomy will support a limitarian distribution of wealth. Finally, the paper discusses two (...) issues autonomy-based limitarianism would raise. First, insofar as coercion invades autonomy, do autonomy-based reasons legitimate coercive measures to secure a limitarian distribution of wealth? Second, is a limitarian ethos consistent with the incentive to produce enough wealth to secure distributive justice? (shrink)

The structural-systematic philosophy requires a moral theory. This essay seeks to determine whether either of two recent works, Joshua Greene’s Moral Tribes and Michael Tomasello’s A Natural History of Human Morality, should influence that theory. It first argues that Greene’s fails to make its case for utilitarianism over deontology. It then argues that Tomasello’s thesis that early humans developed moralities of sympathy and fairness, particularly when taken in conjunction with aspects of Alan Gewirth’s moral theory, fits (...) well with the moral theory envisaged by extant works on the structural-systematic philosophy. The envisaged theory maintains the objectivity of human rights. (shrink)

The author introduces the notions of crucial argument and crucial evidence in the philosophy of intellectual history (broadly construed, including the history of political thought). He will use these concepts and take sides in an important controversy in Hobbes studies, namely whether Hobbes holds a prudential or a deontological theory of contractual obligation. Though there is textual evidence for both readings, he will argue that there is especially relevant evidence - crucial evidence - for interpreting Hobbes's account (...) in a deontological fashion. (shrink)

Physicist, mathematician, and logician Charles S. Peirce (1839-1914) was America's first internationally recognized philosopher, the man who created the concept of "pragmatism," later popularized by William James. Charles S. Peirce: The Essential Writings is a comprehensive collection of the philosopher's writings, including: "Questions Concerning Certain Faculties Claimed for Man" (1868), which outlines his theory of knowledge; a review of the works of George Berkeley; papers from between 1877 and 1905 developing the ground of pragmatism and Peirce's (...) theory of scientific inquiry; his basic concept of metaphysics (1891-93); and the important 1902 articles in Baldwin's dictionary on his later pragmatism (or pragmaticism), uniformity, and synechism. Included are Peirce's well-known essays: "The Fixation of Belief" and "How to Make Our Ideas Clear." Book jacket. (shrink)

Charles Taylor's well-known essay, “Atomism”, criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obligatory. Further, Taylor argues that most people cannot (...) develop autonomy in the absence of a certain sort of social and political environment. Hence, if it is morally obligatory to try to develop autonomy in oneself and others, it is also obligatory to belong to, support, and give obedience to those institutions which create the environment in which autonomy can be developed. (shrink)

Keith Dromm has argued that the makers of historical films have a moral duty to be accurate in their depictions of the past due to the principle that it is wrong to lie. In this essay, I contend that contractarianism provides a more comprehensive basis upon which to ground such an obligation. While Dromm’s treatment takes into consideration key historical facts, such as names and dates, it fails to properly account for the role played by causal interpretation in (...) historical understanding. I argue that his recommended guidelines for filmmakers should be supplemented by an additional one that urges them to respect the conventional scholarly explanation of the circumstances which led to the events that they have chosen to depict. (shrink)

The revelation that data obtained for the US-based National Surgical Adjuvant Breast and Bowel Project (NSABP) from subjects enrolled at Hôpital Saint-Luc in Montreal was falsified has eroded public trust in research. Institutions can educate researchers and help prevent unethical research practices by establishing procedures to monitor research involving human subjects. Research monitoring encompasses four categories of activity: annual reviews of continuing research, monitoring of informed consent, monitoring of adherence to approved protocols and monitoring of the integrity of data. The (...) authors describe characteristics of research projects that may call for monitoring procedures in each category. The form taken by such monitoring depends on the nature of the protocol. Although appropriate research monitoring requires substantial investment of personnel and financial resources, it is required under guidelines regulating research involving human subjects in Canada. Research monitoring is a step forward in re-establishing public confidence in medical research. (shrink)

Are conspiracy theorists epistemically vicious? That is the conventional wisdom. It has distinguished supporters, including Quassim Cassam, Cass Sunstein and Adrian Vermeule. For me, a trait is an epistemic virtue if leads to the discovery of salient truths and the avoidance of pernicious falsehoods, and an epistemic vice the contrary. As such epistemic virtues and vices are role‐relative, context‐relative and end‐relative. I argue that that it is not necessarily or even usually vicious to be a conspiracy theorist, even if we (...) restrict the conspiracies in question to conspiracies on the part of Western government agencies, the reason being that many such theories are now known to be true. Finally I contend that the policy suggested by some polemicists of systematic skepticism towards conspiracy theories would be intellectually suicidal and hence vicious. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ästhetische Autonomie als Abnormität: Kritische Analysen zu Schopenhauers Ästhetik im Horizont seiner Willensmetaphysik by Barbara NeymeyrGünter ZöllerBarbara Neymeyr. Ästhetische Autonomie als Abnormität: Kritische Analysen zu Schopenhauers Ästhetik im Horizont seiner Willensmetaphysik. Berlin: Walter de Gruyter, 1996. Pp. x + 430. Cloth, DM 250.00.Like a latter-day Janus, Schopenhauer faces the history of philosophy in two directions. As a self-proclaimed follower of Kant and one-time student of Fichte, he partakes (...) in the development of transcendental-idealist philosophy at the beginning of the nineteenth-century. When published in 1818, Schopenhauer’s four-part system of philosophy in The World as Will and Representation, consisting of an epistemology, a philosophy of nature, an aesthetics, and an ethics, was the first philosophical system of German idealism executed in detail. Yet with his orientation toward the natural sciences, from which he sought confirmation of his metaphysics, and through the delayed reception of his work, which began only in the 1850s, Schopenhauer seems to belong to the later nineteenth century, as an immediate precursor of Nietzsche. At the systematic level, the double orientation of [End Page 475] Schopenhauer’s philosophy finds expression in the concurrence of two types of philosophical theory in his work: a transcendental philosophy based on the correlation between a nonworldly subject of cognition and its world of objects, structured according to the basic forms of the principle of sufficient reason, and a metaphysics of the will based on the ultimate reality of everything and everyone as will.The systematic instability that threatens Schopenhauer’s double philosophy of transcendental idealism and voluntaristic metaphysics has prevented his work from being included in the canonical tradition of classical German philosophy and has resulted in a reductive and selective appropriation of parts and aspects of his work, especially focussing on his philosophy of music and his ethics of pity. But recently a number of authors have begun to explore and explain the overall, systematic dimension and potential of Schopenhauer’s philosophy. Rudolf Malter has argued forcefully and in great detail for the significance of Schopenhauer as a key figure in the transcendental tradition from Kant to Heidegger, and John Atwell has laid open the systematic ambition and scope of Schopenhauer’s philosophical project of an anthropomorphic cosmology.1Barbara Neymeyr’s thorough and well-informed reading of Schopenhauer’s aesthetics continues this trend toward a systematic Schopenhauer interpretation. The specific focus of her work, a revised doctoral dissertation that had been directed by Gerold Prauss (Freiburg i. Br.), is the systematic integrity, or lack thereof, of Schopenhauer’s metaphysics of the beautiful. The study soon widens to consider the background of Schopenhauer’s aesthetics in his overall metaphysics of the will. Neymeyr argues that the aesthetic in Schopenhauer occupies a decidedly abnormal systematic position. The norm from which the aesthetic seems to deviate in a radical way is the heteronomy of the intellect in the service of the all-powerful will. Normally, in the nonaesthetic attitude, the intellect is only a tool of the will, providing cognitive illumination to the latter’s originally blind striving. Abnormally though, in the aesthetic attitude, the intellect is supposed to achieve temporary freedom from the will. (Lasting emancipation is afforded only by the ethical, understood as ascetic denial of all willing.) Yet, as Neymeyr argues, in the absence of the will’s driving force, there is no positive basis for any self-determination and intentional activity on the part of the emancipated as well as emaciated aesthetic intellect. Moreover, the role of the will as ultimate reality in Schopenhauer suggests to Neymeyr that the apparent aesthetic emancipation of the intellect from the will is still a case of the will’s ultimate, although clandestine mastery over the intellect. The liberation of the aesthetic intellect from the will is at bottom, so Neymeyr, the cosmic will’s self-liberation from its manifestation as individual will. Thus for Neymeyr, aesthetic autonomy constitutes an inadmissable abnormality in Schopenhauer’s systematic philosophy.Exhibiting great ingenuity and extensive familiarity with the entire corpus of Schopenhauer’s writings, Neymeyr tracks the various levels and forms of inconsistency that [End Page 476] plague Schopenhauer’s aesthetic... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Lorenzo Valla on the Problem of Speaking about the TrinityCharles TrinkausLorenzo Valla was a major Renaissance humanist critic of scholasticism, and a proponent of empirical and language-based thought. He also ventured into the field of theology with his humanistic preconceptions that not ancient philosophy but the literary arts and philology should provide the proper model for its study. Salvatore Camporeale in his major studies of Valla, and in a (...) recent notable article comparing the humanistic method of theologizing of Valla with the scholastic method of Thomas Aquinas, established the major features of this new mode of theologizing as based on Biblical philology and study of the Church Fathers. 1 This was taken up by Erasmus and given its fully developed form. 2 Valla was rash enough to apply his methodology to the central Christian doctrine of the Trinity, not without some disastrous results in his first effort in the 1439 redaction of his Repastinatio dialectice et philosophie, but with greater doctrinal acceptability in his later revised versions of 1448 and 1452. 3 Like all theological mysteries, the Trinity defied both ordinary human language and the most rudimentary rules of thought, i.e., grammar, logic, and “common sense.” 4 Hence there was a [End Page 27] great challenge and a real danger of falling into error in talking about the Trinity either to establish its true “nature,” or to defend it against criticism. Valla’s efforts may be considered likely paradigms of some of the ways language study played a role in unraveling one of the Christian religion’s central mysteries.It was one of Lorenzo Valla’s main convictions that the theology and religious and moral thought of his own age (namely Aristotelian scholasticism) should be purged of philosophy, which he regarded as a seedbed of heresy. Yet he himself, though a rhetorician, was not entirely pure of philosophy...just as elements of philosophical thought remained as indispensable ingredients of the rhetorical teachings of Cicero and Quintilian. Thus Valla, following them, especially Quintilian, found it necessary to retain some simplified elements of systematic thought in his primordia of linguistic theory. Nevertheless, he intended to demonstrate that a more satisfactory description of the Trinity could be attained by adhering to these rules of language than that arrived at by the scholastics seeking to affirm it by metaphysical principles.I: The Repastinatio of 1439Valla in his proem to the 1439 redaction of the Repastinatio stresses the libertas a philosopher should have to think and express his own thoughts and protests the compulsion to think in Aristotelian modes manifested by scholastic philosophers:Why therefore should we fear to contradict this man, especially while following the approved custom of freely stating what we believe? Certainly they treat themselves badly who commit themselves to some sect in which it is necessary to praise everything of the one they follow, whatever it is. We have insisted on that liberty in other books and will hold to it in these. 5In keeping with these sentiments Valla in this first redaction boldly sets forth his own views. For reasons which will be seen he becomes more careful to refute his opponents and justify his own views in the later two redactions. In this first redaction he begins by setting forth his reduction of the ten Aristotelian/Porphyrian/Boethian categories to three “elements,” using a term found in Quintilian. These are “substance,” “quality” and “action.” He follows this up by reducing the so-called six transcendentals to the one, multi-meaninged term res, or “thing,” which is that about which one is talking, or the subject that can comprise substance, quality and action. 6 [End Page 28]Because the res or “thing” is never substance only, since substance can never be perceived except by means of its qualities or actions which are manifest to the perceiver, Valla proposes a new term for the combination of substance, quality and action: “consubstance.” “There are two species of [consubstance],” he writes, “ ‘soul’ and ‘body.’ A third which is composed of both of these may be added, which is ‘animal.’” 7Just before introducing the term “consubstance” for things in their combination of the three elements, and without... (shrink)

The basic disagreement between Richard Shiff and me is one of approach and ultimately of intellectual taste. What I tried to do in “Painting memories” was read Charles Baudelaire’s Salon of 1846 with a view to construing its central argument as rigorously as possible, which for me meant without appealing, except in one crucial, authorized instance, to other writings by Baudelaire or indeed anyone else. This seemed to me desirable, first, because on the strength of a long familiarity with (...) the Salon of 1846 I had become convinced that it was not the fragmented, somewhat incoherent, less than fully mature performance that many previous commentators had taken it to be but rather that it possessed a problematic consistency, even systematicness, which I wanted to explore; and second, because I had come to feel that one of the principal sources of the dreariness and predictability of much exegesis not only of that Salon but of Baudelaire’s art criticism generally was the tendency of many commentators to treat his art writing as a single, barely differentiated mass, to be supplemented when desired by selected passages from the lyric poems. Let me be as clear as I can. I am not claiming that the only fruitful approach to Baudelaire’s art criticism is to consider each of his writings in isolation from the rest. I am saying that the widespread tendency to read a particular Salon or article on the visual arts in the light of others has meant that insufficient attention has been paid to the workings of individual texts, with dismaying consequences both for our understanding of those texts and for our sense of the shape of Baudelaire’s intellectual career. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on books on Gustave Courbet and on Thomas Eakins and Stephen Crane. His most recent contributions to Critical Inquiry are “The Structure of Beholding in Courbet’s Burial at Ornans” and “Paitnig Memories: On the Containment of the Past in Baudelaire and Manet”. (shrink)

n ‘Modern Moral Philosophy’ Anscombe argues that the moral ‘ought’ should be abandoned as the senseless survivor from a defunct conceptual scheme. I argue 1) That even if the moral ‘ought’ derives its meaning from a Divine Law conception of ethics it does not follow that it cannot sensibly survive the Death of God. 2) That anyway Anscombe is mistaken since ancestors of the emphatic moral ‘ought’ predate the system of Christian Divine Law from which the moral ‘ought’ supposedly derives (...) its meaning (Cicero in particular subscribed to something like the modern conception of a duty which seems to be a generalization of the duties attendant on particular roles). 3) That if the moral ‘ought’ derived its meaning from embodying Gods’ commands then the two should have been equated in the minds of true believers. This was not the case. 4) That Anscombe is absurdly wrong in supposing that Protestant moralists had abandoned a Divine Law conception of ethics. 5) That the virtue-based ought-free Aristotelian alternative suggested by Anscombe is unworkable since the basic idea is that it pays in terms of human flourishing to be good (which means inter alia being just). Since it is pretty obvious that there are plenty of good people who don’t flourish and flourishing people who are not good, the neo-Aristotelian program has gradually undergone a degenerating problem-shift: either the pay-off is deferred to the hereafter or being good is incorporated into the pay-off. 6) That there is a certain amount of sophistry in selling the neo-Aristotelian virtues. Since the unjust person is simply somebody who is NOT systematically just, you cannot prove that it pays to be just by arguing that it is a mistake to be systematically UNjust. So too for many of the other virtues. (shrink)

This article offers to outline a direction for a decolonial political theory based on Aimé Césaire’s and Frantz Fanon’s thoughts. In doing so, I will first discuss some work of comparative political theory that could be associated with an attempt to decolonize political theory. Rather than a systematic critique of these works, this article aims to outline some of their limits from a decolonial perspective, such as their embedment in a continental ontology/logic, and their over-emphasis on (...) methodology that can lead to an instrumental account of politics. In contrast, I will argue for a decolonial existential political theory that grounds its investigation in what Frantz Fanon called ‘the zone of nonbeing’ and that takes politics as first philosophy. To make my point, I will discuss Aimé Césaire’s Letter to Maurice Thorez and Frantz Fanon’s Political Theory of the Damnés. (shrink)

Advance directives (ADs) have for some time been championed by ethicists and patient associations alike as a tool that people newly diagnosed with dementia, or prior to onset, may use to ensure that their future care and treatment are organized in accordance with their interests. The idea is that autonomous people, not yet neurologically affected by dementia, can design directives for their future care that caregivers are morally obligated to respect because they have been designed by autonomous individuals. In this (...) paper, we first criticize the idea that ADs can retain moral authority in severe dementia by arguing that it is paradoxical. Second, we consider two arguments that initially seem to refute this critique of ADs, but we eventually dismiss them. The first argument states that ADs retain moral authority in severe dementia because autonomously formed interests, for example, ADs, can only be appropriately discarded by autonomous persons. This we term the historical autonomy argument. We dismiss it by demonstrating how we, in analog cases, are not obligated to continue to respect autonomously formed interests even though they have been discarded under nonappropriate conditions. The second argument is that ADs can be justified by what we term external interests. While we agree that people with severe dementia plausible can be said to have external interests, we show that ADs cannot express such interests and hence cannot be justified by them. We conclude that none of the discussed arguments support the use of ADs and because of this, the idea of ADs should be reassigned. (shrink)

L’idéal démocratique est accusé d’être irréaliste. Le gouvernement du peuple par le peuple et pour le peuple serait une chimère dans les sociétés contemporaines. Il faudrait lui préférer les visées plus modestes associées à l’élection : un droit de vote égal et la satisfaction du plus grand nombre. La démocratie ne se laisse pourtant pas réduire à la compétition électorale. Les acteurs et les institutions politiques qui s’en réclament invoquent non seulement un marché, où rivalisent des intérêts privés, mais un (...) forum, où s’affrontent des visions adverses de la justice. Ils attendent de la délibération collective qu’elle serve l’autonomie politique et le bien commun, mais savent aussi qu’elle peut les menacer, lorsque la liberté, l’égalité ou la publicité lui font défaut. Cette enquête philosophique interroge la pertinence de l’idéal démocratique pour des sociétés complexes, dotées d’institutions représentatives et soumises à la communication de masse. Elle montre à quelles conditions cet idéal peut aujourd’hui orienter la critique et l’action. Les citoyens peuvent encore aspirer à se gouverner eux-mêmes, donc à délibérer en égaux. -/- The democratic ideal is accused of being unrealistic. Government of the people by the people and for the people would be a chimera in contemporary societies. The more modest aims associated with election should be preferred: equal suffrage and the satisfaction of the greatest number. But democracy cannot be reduced to electoral competition. The political actors and institutions that claim it invoke not only a market, where private interests compete, but also a forum, where opposing visions of justice confront each other. They expect collective deliberation to serve political autonomy and the common good, but they also know that it can threaten them when it lacks freedom, equality or publicity. This philosophical inquiry questions the relevance of the democratic ideal for complex societies with representative institutions and subject to mass communication. It shows under what conditions a deliberative understanding of this ideal can today orient criticism and action. Citizens can still aspire to govern themselves, hence to deliberate as equals. (shrink)

Interest in the history of colonized areas has always been existent. For utilitarian purposes colonizers wanted to know more about the past of the areas they started to trade with and where they settled themselves. This article is confined to the use of the sources for the writing of history in the Dutch East Indies in the 19th century. On a limited scale and for diverse purposes, colonial civil servants, scholars and amateur historians started to investigate the history of the (...) colony. This article scrutinizes whether in the 19th-century Dutch East Indies the European tendency to base history writing on a systematic use of archival sources became in vogue. This question, however, raises immediately some epistemological and practical problems that will be discussed in this article. Was there a similar European concept of archives in the Dutch East Indies? How were indigenous archival sources valued and used? What infrastructure was available to study historical archives? This explorative case study shows how historical interest within a 19th-century colony got stuck into an almost obsessive collecting of historical archives and other source material as a prerequisite for historical research. (shrink)

Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...) moral and legal theory of the physician-researcher's duty of care to the patient-subject. We have repeatedly suggested that the requisite foundation is in the ethics of trust and the law of fiduciaries.Curiously, despite the absence of a published thorough exposition of our position, some have preemptively criticized our suggestion that the relationship between physician-researcher and patient-subject is fiduciary. Others have offered their own accounts of the implications of fiduciary law for the relationship. (shrink)

Philosophers of science diverge on the question what drives the growth of scientific knowledge. Most of the twentieth century was dominated by the notion that theories propel that growth whereas experiments play secondary roles of operating within the theoretical framework or testing theoretical predictions. New experimentalism, a school of thought pioneered by Ian Hacking in the early 1980s, challenged this view by arguing that theory-free exploratory experimentation may in many cases effectively probe nature and potentially spawn higher evidence-based theories. (...) Because theories are often powerless to envisage workings of complex biological systems, theory-independent experimentation is common in the life sciences. Some such experiments are triggered by compelling observation, others are prompted by innovative techniques or instruments, whereas different investigations query big data to identify regularities and underlying organizing principles. A distinct fourth type of experiments is motivated by a major question. Here I describe two question-guided experimental discoveries in biochemistry: the cyclic adenosine monophosphate mediator of hormone action and the ubiquitin-mediated system of protein degradation. Lacking underlying theories, antecedent data bases, or new techniques, the sole guides of the two discoveries were respective substantial questions. Both research projects were similarly instigated by theory-free exploratory experimentation and continued in alternating phases of results-based interim working hypotheses, their examination by experiment, provisional hypotheses again, and so on. These two cases designate theory-free, question-guided, stepwise biochemical investigations as a distinct subtype of the new experimentalism mode of scientific enquiry. (shrink)

Jakob Friedrich Fries is one of the most important representatives of the Critical Philosophy, someone who built immediately on the original Kantian philosophy. -/- Fries was born in 1773 in Barby (on the Elbe). In 1805 he was extraordinary professor for philosophy in Jena and in the same year was ordinary professor for philosophy in Heidelberg. Returning to Jena in 1816, one year later he was compulsorily retired because of his participation at the nationalistic and republican Wartburg Festival. In 1924 (...) he obtained a professorship for physics and mathematics, and in 1838 he was given back a professorship for philosophy. He died in 1843 in Jena. -/- The book summarizes the research results of the DFG-Project "Jakob Friedrich Fries' Influence on the Sciences of the 19th Century". The research project was carried out by Dr. Kay Herrmann (Institute of Philosophy, Jena University) and Prof. Dr. Wolfram Hogrebe (Institute of Philosophy, Bonn University). Such a study has special importance. There is available a large amount of literature about the "speculative contemporaries" of Fries, like Fichte, Schelling, and Hegel. In contrast to the "speculative philosophy", there has been published only a few studies about the Friesian natural philosophy. Fries was, in his natural-philosophical studies, looking for a link between philosophy and modern sciences, wheras his "speculative philosophical" contemporaries felt obligated to stick primarily to a descriptive, phenomenal view of nature. So far the question "How was mathematical natural philosophy regarded by scientists and mathematicians of the 19th century?" has hardly been investigated. Archival studies showed that this gap in Fries-research can be filled. The Friesian correspondence turned out to be a rich gold mine. -/- The present publication is more than a research report. The monographic first part is intended to introduce the foundations of the Friesian theory of cognition, the Friesian methodology, and the Friesian natural philosophy. This should facilitate entry into Friesian philosophy. -/- The Friesian theory is analyzed from two points of view: •How did Fries suceed in continuing and improving the Kantian approach? Is Fries able to remove the weak points of Kantian philosophy? -/- •What is the current significance of the Friesian approach? There are some interesting similarities between the Friesian approach and modern philosophical theories (such like Chomsky's theory of "universal grammer"). The lasting core of the Friesian theory of cognition is: To use empirical studies for working on philosophical problems. -/- Chapters 3 and 4 are scientific-historically oriented. These chapters analyze the Friesian position in scientific and mathematical debates (debates about the a priori foundations of physics, the problem of the identification of physics as an independent discipline, the problem of the boundary between chemistry and physics, the problem of mathematization of the sciences, the theory of the imponderabilia, the systematics and structure of sciences and mathematics, problems of infinity, the differential calculus, the theory of parallel lines) and the relation between Fries and the scientists of the 19th century. The book contains the latest findings gained by evaluation of the Friesian unpublished work (for example the correspondence with W. Weber, C. F. Gauß, E. F. Apelt, O. Schlömilch, Ch. Reichel, B. A. v. Lindenau, L. Gmelin, E. G. Fischer, A. N. Scherer, J. S. C. Schweigger) -/- One result of the research project is that some important scientists took a favourable view of the Friesian theory, but the influence of the Friesian philosophy on the sciences of the 19th century was very limited. The causes are very complex: An anti-natural-philosophical spirit of age, the limits of the Kantian inspired philosophy and some unfavourable aspects in the biography of Fries. -/- For the first time the voluminous Fries-Reichel-correspondence was evaluated. The Fries-Reichel-correspondence contains the Friesian approach to prove the 11th Euclidean axiom, and the whole transcript of the Friesian attempt at proof is given. // Der erste Teil des Buches will in die Grundprobleme Fries’scher Erkenntnis­theorie, Methodenlehre und Naturphilosophie einführen, wobei das Hauptaugenmerk auf die Fortführung der kantischen Ansätze durch Fries sowie auf die aktuelle Interpretation der Fries’schen Lehre gerichtet ist. Der wissenschaftshistorisch ausgerichtete zweite Teil analysiert Fries’ Stellung zu naturwissenschaftlichen und mathematischen Diskussionsrichtungen (Probleme der Identifizierung der Physik als eigenständige Disziplin, der Grenzziehung zwischen Physik und Chemie, der Mathematisierung der Naturwissenschaften, der Imponderabilientheorie, der Systematik von Naturwissenschaft und Mathematik, des Unendlichen, der Parallelentheorie usw.) sowie sein Verhältnis zu Naturwissenschaftlern und Mathematikern seiner Zeit. Das Buch enthält neue Erkenntnisse, die aus der Auswertung zahlreicher Nachlassmaterialien gewonnen wurden. Erstmalig wird unter dem Blickwinkel „Fries als Naturwissenschaftler und Mathematiker“ auch der sehr umfangreiche Reichel-Briefwechsel ausgewertet. Dem Reichel-Briefwechsel entstammt auch Fries’ Versuch eines Beweises des Parallelenaxioms, der in diesem Buch erstmalig in transkribierter Form vollständig vorliegt. -/- . (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In the modern world, provincialism in reflective thinking is dangerous, possibly tragic. If philosophy is to fulfill one of its main functions—that of guiding the leaders of mankind toward a better world—its perspective must become worldwide and comprehensive in fact as well as in theory. This, the motivating theme of the Second East-West Philosophers' Conference held at the University of Hawaii in the summer of 1949, is likewise the theme of this volume, the complete report of that Conference. (...) The goal of the eminent philosophers participating was the discovery of avenues of progress toward a synthesis of Oriental and Occidental thought. They attempted to reach tentative conclusions in the fields of methodology, metaphysics, and ethical theory. Conference activities consisted of meetings, lectures, discussions, undergraduate courses, and graduate seminars. As far as possible, the proceedings were limited to the study of East-West philosophy; extensive attention was not given to the strictly religious aspects of any philosophical tradition. Participants in the Conference were convinced that philosophy is now entering upon a new stage of development which will be characterized by trans-cultural cooperation and world perspective. This development can be of tremendous significance in world thought and eventually in the lives and actions of the people of the world. Twenty-three of the formal papers presented at the Conference comprise the substance of this book; a significant proposal for synthesis is stated or implied in almost every one. A comprehensive introduction by the editor, a summary of the results and conclusions of the Conference seminars, a who's who of contributors, and an exhaustive index round out the volume. (shrink)

The following paper will attempt (i) to set forth a form of materialism that is ‘Spinozistic’ in maintaining that there is a conceptual, but not an ontological distinction between mental and physical phenomena; (ii) to undermine objections to this based on (a) ‘functionalism’ and (b) the conception of (and identity conditions for) an event that has been advocated by Goldman, Brandt, and Kim; and (iii) to explain why, according to the identity ‘theory’, the apparent failure of the indiscernibility of (...) identicals is merely apparent. (shrink)

Grice and Strawson's 'In Defense of a Dogma is admired even by revisionist Quineans such as Putnam (1962) who should know better. The analytic/synthetic distinction they defend is distinct from that which Putnam successfully rehabilitates. Theirs is the post-positivist distinction bounding a grossly enlarged analytic. It is not, as they claim, the sanctified product of a long philosophic tradition, but the cast-off of a defunct philosophy - logical positivism. The fact that the distinction can be communally drawn does not show (...) that it is based on a real difference. Subcategories that can be grouped together by enumeration will do the trick. Quine's polemical tactic (against which Grice and Strawson protest) of questioning the intelligibility of the distinction is indeed objectionable, but his argument can be revived once it is realized that 'analytic' et al. are theoretic terms, and there is no extant theory to make sense of them. Grice and Strawson's paradigm of logical impossibility is, in fact, possible. Their attempt to define synonymy in Quinean terms is a failure, nor can they retain analyticity along with the Quinean thesis of universal revisability. The dogma, in short, is indefensible. (shrink)

In this classic treatise on logic, Mercier provides a rigorous and comprehensive exploration of the foundations of rational thought. Incorporating insights from both formal logic and the philosophy of mind, A New Logic is essential reading for anyone looking to improve their analytical skills. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of (...) America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Given the concern they share for the common good, both patriotic and deliberative conceptions of democracy can be said to have roots in classical republicanism. But these two modern approaches to politics are not the same. In order to show this, as well as demonstrate patriotism's superiority to deliberative democracy, I offer four criticisms of the latter: (i) its support of a theory or systematic set of procedures for conversation distorts its practice; (ii) it is ideologically biased; (iii) (...) its distinction between conversation and negotiation is overstated; and (iv) its conception of the political community, in particular, of the proper relations between the state and civil society, is impoverished. The essay concludes with the suggestion that the debate in political philosophy between patriots and deliberative democrats is itself an exemplification of patriotic, rather than deliberative, conversation. (shrink)

In this award-winning study of the _Phaedrus_, Charles Griswold focuses on the theme of "self-knowledge." Relying on the principle that form and content are equally important to the dialogue's meaning, Griswold shows how the concept of self-knowledge unifies the profusion of issues set forth by Plato. Included are a new preface and an updated comprehensive bibliography of works on the _Phaedrus_.

In this article, we ask why is it that sociology has been slow to take up the animal challenge, and ask what would happen if it did. We argue that sociology’s fraught relationship with biology, its assumptions about human exceptionalism and its emergence in the context of industrialization and urbanization are key to understanding its lack of attention to animals and contribute to a limited conceptualization of society. This can be remedied by viewing non-human animals as involuntarily embedded in social (...) relationships, a move which involves a redefinition of the social and of what it means to be human; a revision of notions of agency, subjectivity and reflexivity; and a rejection of the speciesism and anthropocentrism on which sociology is based. Finally, the article contends that a full understanding of society is not possible if we continue to direct the sociology gaze only at humans. (shrink)

We draw insights from Activity Theory within the field of human-computer interaction to quantitatively measure a mobile in-store experience (MIX), which includes the suite of shopping activities and retail services that a consumer can engage in when using their mobile device in brick-and-mortar stores. We developed and validated a nine-item, formative MIX index using survey data collected from fashion consumers in the United States (n= 1,267), United Kingdom (n= 370), Germany (n= 362), and France (n= 219). As survey measures (...) of consumer engagement in omnichannel retailing using a mobile device, the index items with stronger factor loadings described in-store shopping activities whereas those with weaker factor loadings described activities related to behavioral targeting and social networking. These results suggest that retailers should give consumers the autonomy to independently find, evaluate and purchase merchandise in brick-and-mortar stores, thereby enabling them to co-create personalized shopping experiences as active participants within an omnichannel retail servicescape. Our findings also suggest that retailers should provide consumers with more authentic ways to build community and brand affiliations than mobile marketing and social media promotions. In-store activities should not simply be a migration of pre-existing e-commerce capabilities onto mobile devices. An engaging mobile in-store experience should be an amalgam of physical and digital activities that produce a seamless shopping journey and leverage the unique properties of mobile devices – ultra-portability, location sensitivity, untetheredness, and personalization. Retail executives can use the validated MIX index to prepare strategic investments in mobile technology applications and capabilities for retail stores within their omnichannel operations. The nine-item MIX index is also well-suited for consumer surveys, which also makes it an attractive measure of consumer engagement in omnichannel retailing for future academic research. (shrink)

The English law on abortion is examined through four lenses manufactured by the principle of dignity. Those lenses are embodiment, relationality, story and a transactional, rather than an atomistic, approach to the ascertaining of the relevant interests. It is contended that this approach gives more nuanced, humane, intellectually satisfactory and pastorally satisfactory answers than those generated by the existing law. It is further argued that only this dignity-based approach is compatible with that mandated by Article 8 of the ECHR.

Focuses on Hartry Field's Instrumentalism. The ‘Conservation Theorems’, upon which Field bases so much of his form of Instrumentalism, are examined in detail, as is Field's attempt to ‘nominalize’ physics. Doubts are raised about the adequacy of Field's views of mathematics and physics, and a detailed comparison with the Constructibility Theory is presented.

This chapter extends biogenetic structural theory to a consideration of the biopsychological principles underlying higher phases of consciousness, particularly those attained by the systematic exploration of consciousness called contemplation. The concepts of psychic energy, flow, centeredness, energy circulation, and dreambody are explored as presented in various mystical traditions, and a model of the underlying neurophysiology is presented in terms of ergotropic-trophotropic tuning. The psychophysiology of various forms of meditation together with emergent peak experiences is examined and integrated into (...) the ergotropic-trophotropic tuning model. Structural invariance of ergotropic-trophotropic tuning as well as invariant aspects of contemplation across different cultures and associated with different symbol systems is considered. Finally the nature and implications of Void Consciousness, God Consciousness, or Abssolute Unitary Being are examined. (shrink)

In three comprehensive volumes, Logic of the Future presents a full panorama of Charles S. Peirce’s important late writings. Among the most influential American thinkers, Peirce took his existential graphs to be his greatest contribution to human thought. The manuscripts from 1895—1913, most of which are published here for the first time, testify the richness and open-endedness of his theory of logic and its applications. They also invite us to reconsider our ordinary conceptions of reasoning as well (...) as the conventional stories told about the evolution of modern logic. This second volume collects Peirce’s writings on existential graphs related to his Lowell Lectures of 1903, the annus mirabilis of his that became decisive in the development of the mature theory of the graphical method of logic. (shrink)

In three comprehensive volumes, Logic of the Future presents a full panorama of Charles S. Peirce’s important late writings. Among the most influential American thinkers, Peirce took his existential graphs to be his greatest contribution to human thought. The manuscripts from 1895—1913, most of which are published here for the first time, testify the richness and open-endedness of his theory of logic and its applications. They also invite us to reconsider our ordinary conceptions of reasoning as well (...) as the conventional stories told about the evolution of modern logic. This second volume collects Peirce’s writings on existential graphs related to his Lowell Lectures of 1903, the annus mirabilis of his that became decisive in the development of the mature theory of the graphical method of logic. (shrink)

Dr Ward of Knox College obviously considers himself a sophisticated fellow. You can tell by the humorous yet statesmanlike tone of his article 'Psst … wanna hear a conspiracy theory?' (ODT 29/6/06). 'It is important', he thinks 'in dialoguing with conspiracy thinking, not just to refute it … but to ask why is it that people are believing this theory?' This apparently 'would create a much healthier dialogue than the shouting past each other that often seems to take (...) place.' In other words, in addition to refuting conspiracy theories (which he takes for granted can usually be done) we should offer diagnoses of the ideological obsessions underlying the conspiracy theorists' errors. I'm not so sure that this procedure would really promote the healthy dialogue that he desires (since conspiracy theorists might find it a little patronizing). But what is really wrong with his article is not his patronizing proposal but the bland assumption on which his article is based that of course conspiracy theories are false or foolish simply because they are conspiracy theories. So far from being the sophisticated view this is one of the most dangerous and idiotic ideas to disgrace our political culture. Strong words, these, so I had better back them up. Let's start with 'idiotic'. A conspiracy is a secret plan to influence events by partly covert action. Conspiracies are not necessarily wrong - there can be conspiracies in the public interest as when Stauffenberg and his associates conspired to murder Hitler or when leading civil servants conspired to leak information to Winston Churchill (then on the back benches) about the looming Nazi threat - but we generally talk of conspiracy when the secret plan in question seems morally questionable, at least to some people. (If nobody disapproved, there would be no need to keep the plan a secret!) A conspiracy theory is a theory which endeavours to explain some set of events by postulating a conspiracy, successful or otherwise.. (shrink)

In the Paralogisms of the Critique of Pure Reason, Kant challenges the possibility of a priori knowledge of the self. Implicit in this attack is a positive theory of mind which is comprehensible only through a reading of the Transcendental Deduction. There Kant argues that the possibility of experience requires that experience be represented as had by a Cartesian Ego, since only the representation of such a unitary subject can provide the necessary framework for representing a coherent course of (...) experiences. That the self is represented as a Cartesian Ego, however, does not warrant the claim that the self is in fact simple, substantial, unitary, or immaterial. This reading of the Subjective Deduction is contrasted with Kitcher's reading, and it is tied to Kant's Objective Deduction through a consideration and defense of Strawson's restatement of Kant's own argument. I apply this interpretation of Kant's theory of the self to each of the four Paralogisms, correcting misreadings of the first two by Bennett and Chisholm. I suggest that Kant's account of persons in the Third Paralogism supplies the connection between the Kant's epistemic and moral selves. Finally, I relate the Fourth Paralogism to the first three, considering the extent to which Kant's response to the mind/body problem is "functionalist". (shrink)