This chapter contains sections titled: Setting the Task Constructing the Christ Setting the Boundaries: Christian and/or Jew? The Third Race: Christians as In‐Group Putting on Christ: Christianity's Signals of Commitment Loving Your Neighbor and Turning the Other Cheek.

In lieu of an abstract, here is a brief excerpt of the content:Divine Emptiness and Historical Fullness: A Buddhist-Jewish-Christian Conversation with Masao AbeEdward L. ShirleyDivine Emptiness and Historical Fullness: A Buddhist-Jewish-Christian Conversation with Masao Abe. Edited by Christopher Ives. Valley Forge, PA: Trinity Press International, 1995. 272 pp.This book is a continuation of a discussion begun by Masao Abe in 1984, previous incarnations of which have been published elsewhere. In the present volume, Abe’s expanded essay serves as the first part (...) of a four-part book. The second part includes responses by six Jewish, Christian, and Buddhist thinkers. The third part is Abe’s responses to questions and criticisms raised in Part Two. The fourth part consists of critiques by Hans Küng and Wolfhart Pannenberg and Abe’s separate responses to each.Part One consists of Abe’s well-known essay, “Kenotic God and Dynamic Sunyata.” There are many issues that Abe raises in this essay, of which only two—his understanding of a self-emptying God and his interpretation of the Holocaust—raise any serious concerns among his responders. Abe begins his theological reflection on the self-emptying of God by focusing on the kenosis hymn of Philippians 2:5–11. Abe raises the issue of the kenosis of Christ from a moral to ontological level, asking whether the self-emptying of Christ in either the Incarnation or the Crucifixion can be understood apart from the self-emptying “nature” of the Logos itself. And then, upping the ante, he asks whether one can speak of the kenosis of Christ without also speaking of the kenosis of the God whom Christ reveals.Abe then turns his attention to the Buddhist idea of Sunyata and proposes that Sunyata, far from being either a static or merely negative term, is dynamic and positive. This, he believes, will help to distinguish the Buddhist notion of Sunyata from Nietzschean nihilism. Abe also writes of the place of human reason, free will, the concept of evil, and time and history in Buddhism. It is in this context that he addresses the question of the Holocaust, speaking of his own responsibility not in the sense of having been directly involved, but in light of “collective karma.” At the same time, he does not want to suggest joint responsibility of the victims in the ethical dimension, but rather that such solidarity is realized in what he terms “the most fundamental religious dimension,” this dimension being identical with dynamic Sunyata. [End Page 207]The second part of the book consists of responses by six religious scholars. The first two respondents write from a Jewish perspective. Richard Rubenstein begins by asserting that the Philippians hymn can be understood only in light of Paul’s Jewish-Christian experience of the Covenant. Next, Rubenstein turns to his primary concern, which is Abe’s treatment of the Holocaust. He begins by outlining various Jewish responses to the Holocaust and rejecting each of them. Like Abe, Rubenstein denies the continuity of the ethical and ultimate dimensions, and accepts ultimate reality as ultimate nothingness.Sandra B. Lubarsky also appreciates Abe’s concept of Sunyata, but for different reasons than Rubenstein. Lubarsky sees it as a healthy antidote to Jewish tendencies to absolutize the Jewish community, which has led to an idolization of the community. On the other hand, she questions the Zen assumptions that lie behind Abe’s treatment of history and justice. While there is a higher vantage point than the level of human understanding from which to understand historical events, this level is reserved for God alone and to pretend to that level is arrogant. Likewise, from a Jewish perspective, it is impossible to remove God from ethical considerations.Christian responses begin with those of Heinrich Ott, who argues that the proper locus of interreligious dialogue lies not in the discussion of doctrinal or philosophical similarities, but rather in similar psychological experiences. Ott finds something in Christian experience similar to Sunyata. From this starting point, he proposes a Christian understanding of Nothingness that encompasses both human interconnectedness as well as the interconnectedness of humans with nonhuman reality.Marjorie Hewitt Suchocki maintains that speaking of the self-emptying God revealed in the self-emptying Christ has... (shrink)

This article examines the responses of two communities to hate crimes in their cities. In particular it explores how community understandings of responsibility shape collective responses to hate crimes. I use the case of Bridesberg, Pennsylvania to explore how anti-racist work is restricted by backward-looking conceptions of moral responsibility (e.g. being responsible). Using recent writings in feminist ethics.(1) I argue for a forward-looking notion that advocates an active view: taking responsibility for attitudes and behaviors that foster climates in (...) which hate crimes are more likely to occur, even when a person's individual actions do not contribute directly to harms. Using the case of Billings, Montana, I explain how recent Not In Our Town campaigns take responsibility for hate crimes in the ways feminist literature suggests. -/- I take as my point of departure hate crimes committed against the family of Bridget Ward, an African American woman, who moved into the suburb of Bridesburg in 1996. When issues of responsibility for racism arose in the local press, most Bridesbergers insisted that their community was not racist; they blamed only the individual vandals. This narrow blame-assigning focus is in keeping with most Anglo-American definitions of responsibility as belonging essentially to individuals and not to communities. Traditionally, moral and legal theory construct responsibility from a perspective that looks downward and back. These perspectives are preoccupied with punishment and reward, praise and blame; they assume justice is done when guilty parties are found and tried. -/- This focus masks deeper community problems. As Elizabeth Spelman remarks, "tolerance is easy if those who are asked to express it need not change a whit." (2) Focus on praise and blame is, in part, a function of race privilege. Bridesberg is 98% white, and part of "the arrogance whitely behavior" is positioning one's self as a judge, expert, and problem solver. (3) The view from this particular subject position limits attention to individuals and their actions, rather than to communities and their practices; it shifts attention away from the fact that Bridesberger's collective practice of distrusting outsiders has lead to hate crimes in the past. Pointing to vandals and claiming "they are racist" does not free one's community of racism. It reinscribes a community spirit that is resistant to change. -/- The second part of this essay explores what communities like Bridesberg might have done to prevent violence. Often there is little individuals alone can do to stop racial violence, but that there is a sense in which community members are obligated to organize themselves. Strategies that focus community responsibility on retribution rather than long-term change, are short lived and ineffective. Anti-racist activism requires a forward-looking view of responsibility: one that aims at inoculating the community against increased risk of violence. This requires taking responsibility for the fact that one's town might foster climates in which hate crimes are more likely to occur. It requires that we begin inquiry in the lives of those harmed. -/- Collective citizen efforts to prevent Aryan groups from gaining a foothold in Billings, Montana offers a clear illustration of how to take responsibility for hate crimes using strategies designed consciously to prevent further hate crimes (e.g., when Black Churches were threatens, all community members attended services there; when a rock was thrown through a window with a menorah, many homes displayed menorahs). The community responses in Billings are a stark contrast to those of Bridesburg, and serve as a powerful example of how forward-looking notions of responsibility can translate into effective political strategy. Although, these strategies are not in and of themselves feminist, they are powerful illustrations of what feminists mean by forward-looking views. The success of resident's collective action and coalition building gave rise to a national Not In Our Town campaign used in about a dozen cities today. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 157-161 [Access article in PDF] Book Review Toward a Christian Theology of Religious Pluralism Toward a Christian Theology of Religious Pluralism. By Jacques Dupuis, S.J. Maryknoll, New York: Orbis Books. 1997. xiv + 433 pp. There may not be another individual more qualified than Jacques Dupuis to write this book. He has not only spent a lifetime teaching and serving in a part of (...) the world where the encounter between Christianity and other faiths has been particularly pressing (India), but he has also previously reflected intensively and published widely on this topic. Even more impressive, however, is the fact that the scholarship that emerges in this volume reflects Dupuis as a faithful Catholic Christian, both in the sense of paying sincere heed to the wide range of the Roman Church's official teachings on this and related topics (he taught for years at the Gregorian University in Rome and edited, with Josef Neuner, the massive The Christian Faith in the Doctrinal Documents of the Catholic Church 1 ) and in the sense of thinking along with others in the universal community of faithful Christians. Here we have a master theologian practicing his craft, working within a community of theological inquirers, bringing out, displaying, and putting to work old things and new in the effort to understand one of the most crucial issues of our time.The result is a comprehensive and lucid discussion of Christian theology of religions that is indispensable as an introduction to students without any knowledge of the landscape even while it also serves as a handy status questionis to those already [End Page 157] familiar with the terrain. The first half of the book (part 1) is an overview of the history of Christian approaches to other faiths, beginning with the biblical material, continuing through the Logos spermatikos theology of the early Fathers, the developments surrounding the Extra ecclesiam nulla salus ("no salvation outside the Church") axiom over the centuries, and the pre- and post-Vatican II attempts to develop a theology of religions in the Catholic Church. This part concludes by summarizing the paradigm shifts from ecclesiocentrism to (in order) christocentrism, theocentrism, and regnocentrism/soteriocentrism. Throughout the discussion--especially of the pre-twentieth-century history that focused much more so on the fate of the unevangelized--Dupuis manages to provide important connections to developments in Christian thinking about the role of the religions in the divine scheme of things.The second half of the volume (part 2) presents seven of the most difficult theological questions in Christian theologia religionum today. First, concerning the covenant: is there only one, or are there many? Is salvation history particular, or universal? Dupuis' provisional response is that there is one cosmic covenant that is never revoked. This covenant is revealed according to what he calls a "trinitarian rhythm" whereby God covenants through his Word, in his Spirit, and this covenant includes the witnesses of God left in other religions as well. Second, concerning revelation: does revelation come to us from "without," or emerge from "within" ourselves? What about the sacred texts of other traditions? How are Christians to understand the fullness of the revelation in Jesus Christ vis-à-vis other faiths? Dupuis' answer is that divine revelation is indeed scattered among the various religions, even if fully captured only in Christ, and that these revelations are thereby differentiated but complementary. 2 Third, concerning the divine mystery: is the "Real" beyond the categories of "personal" and "impersonal"? Is God one, or many (triune)? Dupuis responds that the religions have complementary and converging insights into the divine reality. Fourth, concerning Jesus Christ: is he one among many savior figures? What does the uniqueness of Christ mean? Is there a distinction or an absolute identity between Jesus and Christ? Is the Christ particular, or universal? Dupuis posits a "searching christology" whereby God reveals Godself in and through the images and symbols of the religions and through which humankind therefore responds to the divine graciousness. Jesus' uniqueness is thereby both "constitutive" (of universal significance) and "relational" (inserted in the overall plan of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 568-569 [Access article in PDF] James P. Scanlan. Dostoevsky the Thinker. Ithaca, NY: Cornell University Press, 2002. Pp. xiii + 251. Cloth, $29.95. Important works on Dostoevsky's life and thought abound, but James Scanlan offers the first comprehensive treatment and evaluation of Dostoevsky as a philosophical thinker. Scanlan uses Dostoevsky's thousands of letters, essays, and "capacious notebooks" (3), as well as (...) his literary work, to analyze systematically Dostoevsky's philosophical worldview and to argue for its coherence. Scanlan's commitment to careful scholarship is apparent throughout, including his translations of the texts. A philosopher himself, Scanlan contextualizes Dostoevsky's work in relation to traditional philosophers, including Descartes, Kant, and Kierkegaard. The result is a balanced, rich, and provocative treatment that also suggests new interpretations of some of Dostoevsky's literary works.If Bakhtin is right to describe Dostoevsky's novels as "polyphonic," how does one ascertain their author's position? Scanlan grants the challenges of approaching Dostoevsky as a philosopher. Nineteenth-century Russian thinkers rarely identified with particular philosophical schools, and Dostoevsky never thought of himself as a philosopher. Yet Dostoevsky was intensely interested in philosophy, and Scanlan argues that Dostoevsky's characters serve as surrogates for competing philosophical positions. Scanlan also reminds readers of Dostoevsky's often-neglected nonfiction works and weaves masterfully the nonfiction and the literature to support his argument.Echoing Bakhtin, Scanlan labels Dostoevsky's methodology "dialogical in style, monological in substance" (4). Doing so effectively rejects critical perspectives that suggest the author held contradictory positions. For Scanlan, Dostoevsky's dialectical method resulted from his preoccupation with combating others' ideas, implied by his frequent use of reductio ad absurdum arguments. Dostoevsky "sought to establish his own positions by demonstrating the failure of their antitheses" (231). Not only does Scanlan persuasively demonstrate the consistency of Dostoevsky's philosophical commitments, he also challenges the appropriation of Dostoevsky by existentialists as an "irrationalist," despite Dostoevsky's "convincing portrayals of human irrationality" and skepticism concerning rationality's powers (5).Scanlan examines Dostoevsky's vision of Christianity that included a strict binary of matter and spirit, and a rejection of rational egoism and mechanism (termed "nihilism"). Dostoevsky's positive deontologism, his "law of love" (with Christ as exemplar) was, for Dostoevsky, necessary to overcome the "law of personality," and conscience grounded in Christian love was the basis for salvation. Scanlan persuasively argues that Dostoevsky, if irrationalist, belongs more with Kant than Kierkegaard in viewing rationality as limited but not to be rejected wholesale. Scanlan uses this analysis to ground a provocative new reading of Notes from Underground.Scanlan also explores the connectedness of Dostoevsky's ethics and aesthetics in Dostoevsky's insistence that artists should create moral beauty beyond the purely aesthetic or cognitive. Much has been written about Dostoevsky's aesthetics, but Scanlan exposes its logical grounding in Dostoevsky's rejection of the subjective utilitarian aesthetics of Chernyshevsky and the radical materialism of Dobrolyubov. For Dostoevsky, the need for [End Page 568] beauty and creativity is intrinsic to human nature, and art serves an epistemological function that gestures toward reality, not as a "mindless photographer" (140) but as a cognitive vision penetrating "the core of his subject" (141). Dostoevsky also justified his use of the anomalous, noting that the exceptional might be "an avenue of access to the universal" (143).Dostoevsky's "dream of a community of perfect Christian brotherhood and love" (160) grounds Scanlan's examination of Dostoevsky's sociopolitical philosophy and his rejection of the critical view that Dostoevsky's politics radically changed over time. Though Scanlan agrees with biographers that Dostoevsky despised the "moral blight" (169) of serfdom, he argues that Dostoevsky's vision of Christian society permitted social stratification so long as service to masters was voluntary, cooperative, and rational. This analysis makes clear the distance between Dostoevsky and Western liberal political theorists.For Dostoevsky, society based on universal Christian love is the only acceptable "socialism," and the last part of Scanlan's work analyzes Dostoevsky's nationalism and its relation to his attacks on socialism. In addition to... (shrink)

This paper is an ethical exegesis of the biblical story of Gibeah, which concludes the Book of Judges (19–21), to show the catastrophic failure of the anti-political politics of the “community of virtue”, i.e., the rejection of power for the sake of moral society, such as proposed by libertarians, neo-liberals, anarchists and utopians. I consider Kant’s statement of the political problem: given humanity’s unsocial sociality, where each person is tempted to act as an exception to universal law, humans need (...) rulers, but how to obtain rulers who are not themselves ruled by power, and become tyrannical, rather than being ruled by justice? The solution proposed by “the community of virtue” would reject power altogether and replace it with society regulated exclusively according to the moral virtue of its members. The Bible’s story of Gibeah shows graphically and conclusively the failure of any such attempt. Instead, as with normative political philosophy, the Bible endorses the rule of a king, i.e., the rule of the state, and a politics whereby power is disciplined to serve justice because it is rooted in Torah, i.e., a fundamental covenant, charter or constitution, aware and vigilant regarding the ambiguities and temptations of sovereignty, and therefore, ideally, always open to critique. As exemplified by biblical prophets, political protest against injustices perpetrated by the powerful against the least—widow, orphan, stranger—is at once religious obligation and true patriotism. (shrink)

Models of moral responsibility rely on foundational views about moral agency. Many scholars believe that only humans can be moral agents, and therefore business needs to create models that foster greater receptivity to others through ethical dialog. This view leads to a difficulty if no specific person is the sole causal agent for an act, or if something comes about through aggregated action in a corporate setting. An alternate approach suggests that corporations are moral agents (...) sufficiently like humans to be treated as persons, which leads to questions of intentionality and the organizational structure required to support the claim. In this article, I make an intermediate claim combining Goodpaster and Matthews' (60:132–141, 1982 ) view that a corporation may have a moral culture which affects subjective choices, with those of Painter-Morland (17(3):515–534, 2007 ) who points out that we should move from a model that posits discrete persons acting on each other to one where morality comes about through shared experience between agents who participate in each other’s lives. I argue that the discussion has been trapped in traditional dichotomies, and is better served by language that more accurately represents the dynamic interplay between organization and individual. I underwrite this claim by looking at recent changes in British and American legal approaches to corporate responsibility. These provide greater incentives for owners and business leaders to encourage employees to discuss the reflexive nature of legal and moral responsibility in business, facilitate workers to voice their moral concerns, and create structures and processes that allow those concerns to be heard. (shrink)

We are often, as agents, responsible for the things we do and say. This responsibility can come in a number of different forms: here I propose and defend a view of how we are epistemically responsible for our actions and assertions. In other normative areas, we can be responsible for our actions when those actions violate a norm (for example, we can be morally responsible when we violate some moral norm). I argue that we can similarly be epistemically responsible (...) when we violate a norm of assertion or action, norms that tell us how epistemically well-positioned we need to be towards a proposition in order to assert it or treat it as a reason for acting. I first defend a structure of epistemic norms that allows for the possibility of epistemic responsibility, and then propose a notion of epistemic responsibility itself. -/- We can, and do, evaluate actions and assertions in a specifically epistemic way: we judge that someone should not have acted on the basis of unreliable information, that someone should not have asserted something they knew was false, etc. These kinds of evaluations lead us to believe that proper action and assertion have some basic epistemic requirements, what are called norms of assertion and action. In order to defend a notion of epistemic responsibility, I first establish a general claim about the ways that we make epistemic evaluations in relation to these norms. Many who argue for a particular epistemic norm of action or assertion endorse what I call epistemic monism, the view that all epistemic evaluations of actions or assertions must be explained solely in terms of whether they have adhered to their respective norm. I argue that epistemic monism is false. Instead, I defend epistemic separability, the view that we make two different kinds of epistemic evaluations: one that pertains to whether one has adhered to an epistemic norm, and one that pertains to whether one has reason to think they are adhering to or violating the relevant norm. In my defense of epistemic separability I appeal to arguments from luminosity failure – the claim that for any given epistemic relationship we can have with a proposition we can have good reason to believe that we fail to be in it – and empirical arguments that show that we only have fallible access to our own mental states. These arguments show that we can violate an epistemic norm while having good reason to think otherwise and, in turn, shows that we can be evaluated not only in terms of whether we have adhered to or violated that norm, but also in terms of whether we are responsible for doing so. I argue that whether one’s action is epistemically responsible depends on whether one fulfils the epistemic commitments one makes in performing that action. These commitments consist in being able to provide reasons to believe that one has adhered to the norm governing the action one performs, according to a standard imposed by the situation in which one acts. Thus in more epistemically demanding situations – those in which there are high expectations that we be able to show that we have adhered to the relevant epistemic norm – it will be more difficult to act in an epistemically responsible way. Accepting a notion of epistemic responsibility (and, with it, rejecting epistemic monism) has significant consequences for a number of current debates in epistemology. The first pertains to the debate concerning the correct epistemic norm of assertion and practical reasoning. Many proposed norms are argued to be inadequate on the basis of an inability to explain intuitive epistemic evaluations solely in terms of the conditions set forth in the norms. Epistemic separability, however, implies that the structure of this dialectic is misguided, as we can perhaps accommodate problematic judgments in terms of evaluations of responsibility. The second consequence pertains to arguments for contemporary theories of knowledge. Again, such theories are judged by their ability to accommodate intuitive attributions of knowledge. However, I argue that many of the evaluations that serve as the basis for such theories are better interpreted not as judgments about whether one has knowledge, but as judgments about whether one is acting in an epistemically responsible way. Recognizing a notion of epistemically responsible action thus calls into question both the plausibility of a number of contemporary theories of knowledge, as well as the way in which we go about doing epistemology in general. (shrink)

Current evolutionary and cognitive theories of religion posit that supernatural agent concepts emerge from cognitive systems such as theory of mind and social cognition. Some argue that these concepts evolved to maintain social order by minimizing antisocial behavior. If these theories are correct, then people should process information about supernatural agents’ socially strategic knowledge more quickly than non-strategic knowledge. Furthermore, agents’ knowledge of immoral and uncooperative social behaviors should be especially accessible to people. To examine these hypotheses, (...) we measured response-times to questions about the knowledge attributed to four different agents—God, Santa Claus, a fictional surveillance government, and omniscient but non-interfering aliens—that vary in their omniscience, moral concern, ability to punish, and how supernatural they are. As anticipated, participants respond more quickly to questions about agents’ socially strategic knowledge than non-strategic knowledge, but only when agents are able to punish. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Father’s Will: Christ’s Crucifixion and the Goodness of God by Nicholas E. Lombardo, O.P.Roger W. NuttThe Father’s Will: Christ’s Crucifixion and the Goodness of God. By Nicholas E. Lombardo, O.P. Oxford: Oxford University Press, 2013. Pp. ix + 270. $99.00 (cloth). ISBN: 978-0-19-968858-6.The centrality that Christ’s death by crucifixion has in Christian life, doctrine, and culture is scarcely in need of elaboration. Nevertheless, the relation between the (...) will of the Father and the violent and humiliating manner of Christ’s death raises substantive questions concerning the internal coherence of Christian claims about the love, goodness, and justice of God. In The Father’s Will: Christ’s Crucifixion and the Goodness of God, Nicholas E. Lombardo, O.P., confronts these questions, openly acknowledging their difficulty and seriousness, and provides a philosophically precise and theologically fresh response to the challenges they pose to the credibility of the Christian message.The ten chapters of The Father’s Will are divided into tripartite units that progress in logical sequence from “philosophical prolegomena” (part 1) to “New Testament evidence” (part 2), culminating with a “theological [End Page 317] evaluation” (part 3). The question at the heart of the book is how to reconcile the Christian doctrine that God and evil are incompatible with the theology of the Cross, which seems to require that God’s will is implicated in the evil actions that bring about Christ’s death.The first five chapters (part 1) provide a philosophical analysis of intention (chap. 1), value and obligation (chap. 2), double-effect reasoning (chap. 3), the ethical problems associated with self-sacrifice (chap. 4), and God’s will in relation to the crucifixion (chap. 5). Drawing on his analysis of intention and employing the principle of double effect, Lombardo establishes that it is not necessary to conclude that God wills the evils that are attendant on Christ’s death. “Actions performed by rational intentions,” Lombardo explains, “are not only intended; they are also willed. Rational intending implies rational choice, and rational choice is an act of the will” (32). This understanding of intention and willing, as distinguishable from intentional action, provides a foundation upon which the moral goodness of actions can be determined. “For an action to be good,” Lombardo argues, “it must do more than simply advance our natural inclinations: it must also avoid frustrating them. Only actions that both advance our natural inclinations and avoid frustrating them are morally good” (49). When moral actions have good effects and nonintended bad effects that do not outweigh the good effects—as in cases of self-defense or the use of medicine and medical procedures—these complex actions retain their moral goodness, notwithstanding the bad effects. The reason for this is that the bad effects are not included in the agent’s intention. Lombardo presents the crucifixion of Christ as one of these complex cases in which the bad effects can be separated from the agent’s intention. Chapter 3 explores the reasoning associated with the principle of double effect to clarify how actions implicated in bad or evil effects can be judged to be morally good. Lombardo is hesitant to identify double effect as an isolated principle that is applicable within unique circumstantial cases. Rather, he presents double effect as “merely an algorithm for applying basic concepts to morally ambiguous actions” (72). For example, in addition to affirming that the intended effects of the action are consistent with our natural inclinations, in cases of double-effect reasoning “the action’s positive, intended effects [must] outweigh the action’s negative, nonintended effects” (73). This material, in turn, connects logically with the conclusion of chapter 4 on the ethics of self-sacrifice: “double effect reasoning shows that it can be acceptable, and even heroic, to cause our own death non-intentionally for the sake of some greater good” (79). The last chapter in part 1 applies these distinctions to the problem of God’s will and the moral evil involved in Christ’s crucifixion. Here, the basic dilemma that the book addresses is succinctly restated: “Being all good, God never wants... (shrink)

This article opens with a brief analysis of key features of the Mexican semi-authoritarian regime. It then moves to a discussion of the critical realist positions and features that inform the strategic-relational approach. Attention is paid to social interactions and causal relations that enable the SRA to trace patterns of punctuated evolution and to highlight the processes of transformation. Since ideal types serve to highlight key characteristics in specifc phenomena, processes and actors, some features of ideal types of the (...) state and of the transition from one type to another are also discussed. In particular, attention is paid to the Keynesian welfare national state and to the Schumpeterian workfare post-national regime ideal types elaborated by Jessop. For it is contended that the specific features of these ideal types could be of great help in broadening the debate on economic restructuring and political reforms in countries such as Mexico. Moreover, the SRA approach provides an insight into the endogenous features of social change and stresses the importance of networking for a strategic agenda as well. For the never-static dynamics of the processes of change the role of situated agents in context is fundamental, as it injects intentionality and acknowledges the contingency of the conditions that surround them. (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)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating International Bioethics: A Response to Tom Beauchamp and Ruth MacklinRobert Baker (bio)AbstractCan the bioethical theories that have served American bioethics so well, serve international bioethics as well? In two papers in the previous issue of the Kennedy Institute of Ethics Journal, I contend that the form of principlist fundamentalism endorsed by American bioethicists like Tom Beauchamp and Ruth Macklin will not play on an international stage. Deploying techniques (...) of postmodern scholarship, I argue that principlist fundamentalism justifies neither the condemnation of the Nazi doctors at Nuremberg, nor, as the Report of the Advisory Committee on the Human Radiation Experiments (ACHRE) demonstrates, condemnation of Cold War radiation researchers. Principlist fundamentalism thus appears to be philosophically bankrupt. In this issue of the Journal, Beauchamp and Macklin reject this claim, arguing that I have misread the ACHRE report and misunderstood Nazism. They also argue that the form of post-postmodern negotiated human rights theory that I proffer is adequate only insofar as it is itself really fundamentalist; insofar as I take postmodernism seriously, however, I mire international bioethics in relativism. In this response, I reaffirm my anti-fundamentalism, provide further evidence in support of my reading of the ACHRE report, and defend my post-postmodern version of rights theory. I also develop criteria for a minimally adequate theoretical framework for international bioethics.Universal Morality Reconsidered 1Paradoxically, the need for content-full universal moral principles tends to be most deeply felt and most adamantly asserted in the face of striking evidence of their absence. People are inspired to claim that Nazis must accept the universal principle that doing harm is wrong because they are appalled by the horror of the Holocaust. Yet the event itself provides palpable evidence that the Nazis saw no wrong in doing harm. One has the suspicion that claims of universalism [End Page 423] confound philosophical aspirations with empirical observations. This distinction makes a significant difference because empirical claims can be disconfirmed by data, whereas philosophical claims can only be challenged on the level of theory.I am, like Tom Beauchamp and James Childress, a common morality theorist. Thus, I believe, as they do, that ethics “relies heavily on ordinary shared moral beliefs for its content, rather than relying on pure reason, natural law, a special moral sense, and the like” (Beauchamp and Childress 1994, p. 100). For most of human history sexism and slavery were considered moral. They certainly were the norm. Thus, if one looks to common morality as the source of moral content, empirical claims of moral universalism appear suspect. Insofar as one would condemn sexism and slavery, one needs to find some theoretical justification for condemnation that goes beyond a consensus on moral content (hence my embrace of the structural analogue of human rights theory).Beauchamp, however, takes a very different view. He asserts in his critique of my position, that: “it is an institutional fact about the substance of morality (not merely [as Baker claims] the formal features of the concept of morality and not merely my view of it) that it contains fundamental and shared precepts. It is by appeal to this shared moral substance that persons are enabled to make justifiable cross-temporal and cross-cultural judgments” (Beauchamp 1998, p. 395). Beauchamp is thus claiming that it is both an empirical and a conceptual truth there is common core underlying the morality of all societies. He fleshes this claim out in another passage.[T]he term morality refers to norms about right and wrong human conduct that are so widely shared that they form a stable... communal consensus.... These standards sometimes vary from society to society, but embedded in the beliefs of all moral societies are the core dimensions of morality: Persons must keep their promises, must respect the rights of others, must not kill or cause harm to innocent persons, must not abuse children, and the like. All morally committed persons are comfortable with these norms and do not doubt their relevance and importance.(Beauchamp 1998, p. 394)Insofar as Beauchamp is making an empirical claim in this passage, the examples cited are problematic. “Promise keeping,” for example, cannot be a cultural universal because the practice is... (shrink)

Annual reports are an important element in the genre of corporate public discourse. The reporting practices mandated by the Securities and Exchange Commission for all publicly traded corporations are intended to render the annual reports a legitimate and trustworthy medium through which management communicates information related to the financial performance of the firm. The following discussion represents an inaugural attempt to investigate the ethical characteristics of the discourse found in corporate annual reports using Habermas' principles of communicative action. In preparing (...) the Management's Discussion and Analysis (MD&A) portion of the report, managers are charged with providing narrative information for investors and other interested third parties relevant to assessing the firm's financial condition. Previous rhetorical studies of the narrative portions of annual reports argue that they serve as means for both legitimate and distorted communication. We investigate this communication medium through the lens of Habermas' norms for communicative action, which require communicators to be comprehensible, truthful, sincere, and legitimate. The study represents an initial attempt to operationalization Habermas' principles of communicative action and to employ a methodology that facilitates their application to research within a business context. From one perspective, consistent with agency theory as specified by neoclassical economics, it would seem that firms anticipating worse-than-expected financial performance would be less likely to exhibit the Habermasian principles necessary for undistorted communication because they would attempt to strategically influence the message being communicated about the firm's financial position. Instead, employing rhetorical analysis software, Diction 5.0, we found that firms expecting both good and bad earnings surprises exhibited a higher level of communicative action than a composite average firm. Although preliminary in nature, our findings suggest that firms anticipating large earnings surprises, either high or low, use the narrative portion of the annual report as a vehicle through which to communicate information about managements' veracity and trustworthiness as well as the firm's financial position. (shrink)

As a conscientious moral agent, a judge in a court of law often finds herself in a difficult position. She is confident that the law requires a certain result in the case before her, but she is at least as confident that this legally required result is unjust or otherwise morally objectionable. Consider some examples of cases in which a reasonable judge might consider herself to be in this position: ▪ The law of landlord and tenant (...) can require a judge to evict an impoverished, elderly widow from her apartment for missing rent payments.1 ▪ A student in a poor school district sues his state for providing a much lower caliber of education than students receive in wealthier districts. Binding legal precedent requires the judge to dismiss the student’s lawsuit. ▪ Binding precedents construing the Fourth Amendment require judges to exclude evidence obtained without a search warrant. As a result, a child molester is acquitted, and, predictably, strikes again. (shrink)

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant of a positive limited-term monopoly right entails a corresponding (...) duty, to establish intellectual property law as a source of internal limits on intellectual property rights. The article is a prolegomena to a detailed matrix of those rights and duties within intellectual property law. This matrix could support patentee duties that go beyond public disclosure of the invention and could establish patent law as an alternative legal framework to tort law to address harms caused by inventions. (shrink)

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral (...) and interpersonal development. He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

Abstract Unlike bioethicists who contend that there is a morality common to all, H. Tristan Engelhardt (1996) argues that, in a pluralistic secular society, any morality that does exist is loosely connected, lacks substantive moral content, is based on the principle of permission and, thus, is a morality between moral strangers. This, says Engelhardt, stands in contrast to a substance-full morality that exists between moral friends, a morality in which moral content is based on shared beliefs (...) and values and exists in communities that tend to be closely knit and religiously based. Of what value does Engelhardt's description of ethics as moral friends and moral strangers have for nursing? In this essay, I attempt to show how Engelhardt's description serves to illustrate how the nursing community historically had been one of moral friends but has gradually become one of moral strangers and, hence, at risk of failing to protect patients in their vulnerability and of compromising the integrity of nursing. Building on Engelhardt's concepts, I suggest we might consider modern nursing like a moral family to the extent that members might at times relate to one another as moral strangers but still possess a desire and a need to reconnect with the common thread that binds us as moral friends. Nursing is a practice discipline. Given the challenges of modern bioethics, an applied ethic is needed to give moral direction to clinicians as we strive to conduct ourselves ethically in the practice of our profession. To that end, nursing should reflect upon and seek to reconnect with the content-full morality that is historically and religiously based. (shrink)

The purpose of this paper is to explore the moral status of sport through a conceptual structure borrowed from Jürgen Habermas's philosophy and social theory. Habermas distinguishes between communicative and strategic action as two ways in which social action may be coordinated. While the former relies on the building of mutual understanding between social agents, the latter entails one agent manipulating others, as if they were mere objects to be treated instrumentally. In an initial model of sporting (...) practice, it is suggested that sport primarily involves strategic action and in particular encourages the undermining of one's opponent's autonomy. This model is subject to criticism, by scrutinising Habermas's interpretation of the Wittgensteinian notion of a language game, and thus the relationship between communicative language-use and strategic games playing. It will be suggested that games playing has more in common with language-use than Habermas acknowledges, thereby opening up a space for genuinely communicative and expressive action within sport. In conclusion, it will be suggested that the moral significance of sport lies in the fact that its communicative and expressive potential can only be exercised against the moral threat of the dominance of strategic action. (shrink)

Sheikh Halid Sufi, as a Sufi poet, addresses human being as the main subject of his sufist dicourse. He is an important figure of our recent history as he primarily adopted the goal of human perfection and revealed a doctrine of humanity in the school of knowledge. In advance of our current century, when human is seen just in physical respect, he lived as a man of heart who handled human being with an integrated approach within the aspects of matter (...) and spirituality, the world and the hereafter, individual and community, body and soul. In this communiqué, I will discuss Sheikh Halid Effendi’s ontology and his point of view on the place of human being in the realm of existence. He seeks human perfection and wishes people to free themselves of shabby desires and regain their disposition. He recommends people to achieve purity in order to reach the rank of being a mirror to God’s reflections. As a Sufi poet, he attaches importance to carrying out the education of divine journey, wrapping up in mystical ethics, having the identity of wisdom and gaining the aesthetics of love so as to reach the perfection. SUMMARY Sheikh Mehmed Halid was born in 1273/1856 in Sivas. He graduated from Ottoman Junior High School. He attended the 1893 War. In 1880, he started his professional career at a state office. Until 1899, he served in several positions, as assistant judge in Erbaa Lower Court, as Prosecuting Deputy Attorney in Sivas, as Prosecuting Judge assistant in Lower Court and head clerk in Darende, as head clerk in Lower Court in Tonus/Altınyayla, and as prosecuting judge in Kuruçay. He died in 1931 and was buried in Sivas Yukarı Tekke Graveyard. Sufism (tasawwuf) is an education for integrity towards maturity, in a way to prufiy the self from evils of nafs (self) and to reach the love of Allah. This spiritual educational journey is called ‘Seyr-u Suluk’. Sheikh Mehmed Halid completed his Seyr u Suluk as a dervish (student) of murshid (mentor) Kastamonulu Ganizade Mehmed Sadık Baba. Sheikh Mehmed Halid wrote three books called Hilafetnāme, Mektubāt, and Divan. He deals with issues of Sufism (mysticism) in these works. Primarily, his works dwells into the matters of morals, worship, good manners (adab), customary practices, ingenuity, existence, and love. Sheikh Mehmed Halid’s sole attempt is to explain the relationship among Allah, man and universe in an understandable way. According to Sheikh Mehmed Halid’s conception of Sufism, existence is unique and that existence is only Allah. The existence of Allah is absolute while the existence of assets is relative. Things do not exist on their own. Universe is like a mirror. What is reflected in the mirror of universe are the shadows of Allah the Omnipotent. The graces of The Divine are reflected in this mirror. All the things that exist in the universe proves the Self of Allah and his properties. Each of the things in the universe are the words of Allah. The existence of the universe is a result of Allah’s mercy. Man is the fruit of the tree of the Universe.Man is both the embodiment and the reflection of Allah. We want to discuss the position of man in between Allah and the universe with Sheikh Halid’s verses. Perceiving plurality in unity and unity in plurality, Sheikh Mehmed Halid attributes the variety of things and existence in the universe to the Divine beauties of Allah. For those who can comprehend, the plurality/ abundance in existing objects in the universe indicates singularity and uniqueness of Allah. According to Sheikh Halid, Allah is independent from and beyond all the entities that exist in the universe. However, Allah, manifests Himself in the things that he creates and the actions he takes through His divine names and properties. According to Sheikh Halid, each object is a reflection of Allah’s divine properties. Every entity in the universe glorifies Allah with all their existence. For Sheikh Halid, Seyr u Suluk is the journey from weakness to perfection, from substance to meaning, and from things to reality. Considering Seyr u Suluk education as distancing one’s self from other beings, reaching purity of heart, disposing of all signs explains these concepts with pilgrimage metaphor. As a response to those who asks him what he meant by seyr u suluk, he says seyr u suluk is servitude and submission to Allah. In order for Seyr u Suluk to be meaningful, a person should enter the way of a murshid-i kāmil (perfect religious mentor), and should have sincerity, purity (being deprived of all sins) and dhikr. According to Sheikh Halid, someone who is not in trouble is not given a remedy. So as to bother is necessary for remedy to be arisen. Nuisances of the universe are also ephemeral as the universe itself. Therefore, it is unnecessary to bother things that are ephemeral. Because remedy is not available without being mature. According to Sheikh Halid, the procedure of gaining advantage from being mature; getting rid of the ego, feeling the love, being pioneer of the mission, being modest, to attain soul pleasure, escaping from fame, leaving the claim, the glory of salvation, proceeding dhikr, reaching the conquests and escaping from friendship of worldly things. According to Sheikh Halid, being mature is not setting about affiliation ceremony. Asceticism cannot be a show and claim authority. Sincerity is needed on the basis of seyr u suluk education. Asceticism which is an effort of making the religion a specific of Allah is to make intimacy with Allah. Sheikh Halid wants his murids who take part in ṭarīqa (sufī path) to decide on the sincerity. Sincerity is said to be the unique factor that makes sense the membership. Seyr u suluk which begins with being membership of mature murshid, which makes sense with proceeding worship and respecting the sincerity arises by teaching manners to soul. Seyr u suluk is trying to reform the soul. Teaching manners to soul is a challenging and significant task. The most important factor that ensure teaching manners to the soul to be achieved is dhikr. Dhikr practice which makes successful the teaching manner to the soul of seyr u suluk training increases the prudence and foresight of dervish. The unique task that murshid expects from his murid during the membership process is to adjust his soul and parlance to the dhikr of Allah. Dhikr of Allah is a product of fondness. According to Sheikh Halid, one who wants to be remembered in heaven should himself learn to remember Allah. Sheikh Halid gives too much importance to disciplining the tariqa where sufi training takes place. A murid should qualify his murshid whom he intimated to. Followers should gain sufficient advantage from the spiritual atmosphere in the dergāh of their murshid. The murid must be at the service of the murshid who trains him and should obey tariqa manners. Salik who achieves seyr u suluk, who maturates the sufi ethics and who gains sincerity through dihkr of Allah tries to achieve the Gnosis. The intent of being a human is to know Allah. The biggest disaster for human is to come upon unawareness. Sheikh Halid who assumes the the Arifs as sultans of walayah makes a comparison between the Arifs and the Zahids and prefers the Arifs. He thinks that the Zahids pay attention to the appearance, cannot reach the basis and cannot go beyond Allahliness show. Sheikh Halid, who encourages the Zahids to avoid comparing themselves with the Arifs, warns the ones who combat with the Arifs and reminds that Allah proclaims warfare to those who has hostility towards those surrendering themselves to Allah. Sheikh Halid lines up the ways of being mature and having wisdom as godly grace, asceticism, love, the mind of leaving, battle with the self, humility, dikhr and being woeful. Salvation process which Marifetullah will guide is to achieve the love of Allah. Love is the way of achieving the reunion. The reality can just be gained through love. However, gaining the divine love requires to be loved. Because, the way of gaining the divine love is to remove everything except Allah from one’s heart. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:242 HISTORY OF PHILOSOPHY asks questions like these: What is there in favor of calling green a primary color, and not a blend of blue and yellow? (1, 6) or, Why can something be transparent green but not transparent white? (1, 19). The effect of such questions is to force us to realize that our concept of color is more complex than we might have realized, or would want (...) it to be if we are committed to epistemologicaI theories in which color experience counts as basic. Other questions make us aware that the simple contrast of conceptual and empirical turns out to be hopelessly inadequate, and that this immensely complicates, if it does not vitiate, the task of drawing a comprehensive map of knowledge. We understand, in a way, what Wittgenstein is doing, but come to think we do not, since the effect of reading these remarks is to unsettle us about beliefs we had thought we could safely assume. The difficulties of Wittgenstein's questions pass over into the Companion, as was the case with Max Black's Companion to the "Tractatus" as well. Both works fortify standard ventures at interpretation, and both frustrate by leaving untouched one's worst perplexities. But perhaps one sweeping thought can be ventured. Wittgenstein once remarked that the present age is a time for popular science, and therefore not a time for philosophy. 6 Reading Wittgenstein, or his Companion, restores vitality to ways of thought and speech more primitive, and more basic, than science. Surely the typical object of his therapy is the muddle we get into by borrowing the language and method of science to describe and explain the relation of the perceiver to the world, or the agent to influences on his conduct. Moreover, the language of thought, act, and agency is presupposed in a description of how scientists can and do proceed. The temptations of a religious picture of the world for this point of view are strong--and reflected in the positive interest Wittgenstein evinced for religious thinkers. For religion expresses the limits of science by means of imagery that is not alien to a description of the world in terms of things and processes. But to say this is to come to a halt before the apparatus of language games and deep grammar as one comes to exegetical dead ends before Plato's Forms or Spinoza's infinite attributes. They are the imperfect means of communicating essentially private visions. One final cavil: The reader is sometimes teased rather than appeased by numbered citations referring to unpublished manuscripts. To quote them in full would of course have made the Companion impossibly tong. But for many readers Hallett's citations wilt be, at best, promissory notes to be cashed only when it suits Wittgenstein's executors to publish this material. It is to be hoped that when that day arrives it will be possible to correlate the manuscripts with Hallett's citations. As the Remarks on Colour show, however, we cannot be too sanguine. Would it not be wiser to publish the manuscripts as they were written, rather than to select passages which in the editor's judgment are related by theme? Such a policy would better serve future students of Wittgenstein, who from now on will go to the texts Hallett in hand. ALFRED LOUCH Clarement Graduate School Martin Heidegger. The Piety of Thinking: Essays by Martin Heidegger. Translated, with notes and commentary, by James G. Hart and John C. Maraldo. Bloomington: Indiana University Press, 1976. Pp. xi + 212. The possible significance of Martin Heidegger's works for theology and for religious faith has long been a question as intriguing as it is complex. Since the first appearance of Being and Time about life," which, Professor Anscombe promises, "will appear elsewhere." The translation, by Linda L. McAlister and Margaret Schuttle, is up to the expected standard of accuracy and lucidity. Normal Malcolm, Ludwig Wittgenstein:A Memoir (London: Oxford University Press, 1962), p. 73. BOOK REVIEWS 243 in 1927 Catholic and Protestant theologians have sought to appropriate Heidegger for their own understandingof Christianity. With the publicationof his many later works over the last fifty years, the controversy over Heidegger's... (shrink)

A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. (...) Drawing on explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, information, positional, and security logics. I then argue that these strategic logics cannot be overcome by three motivations commonly thought to support communicative action: moral-cognitive consistency, the normative characteristics of modernity, and publicity constraints. At this point, I turn to an empirical case, the reception of African-American concerns within the Jewish public sphere prior to the Second World War, in order to suggest that, although strategic incentives might hinder inter-group dialogue, they may also encourage it. In conclusion, I provide three recommendations for how theorists might utilize strategic incentives in order to recognize which actors, policies, or institutions can encourage inter-group dialogue. (shrink)

Within the moral/social order maintained and reproduced by biomedical ethics (i.e., the “peaceable community”), suffering is a senseless accident with no value. Insofar as suffering compromises the fundamental pillar of this order, namely, autonomy, it threatens the existence of the “peaceable community”. Consequently, biomedical ethics is only able to offer those who suffer one moral or practical response: that of elimination, embodied most vividly in the increasingly approved practice of assisted-suicide. Another moral/ social order, however, the “peaceable (...) Kingdom” or the “Body of Christ”, provides an alternative understanding of the meaning, purpose, and significance of suffering, through the Roman Catholic sacrament of anointing of the sick. Recognizing the power of sickness and suffering to “dis-inscribe” bodies of their normative self-understandings, the Church responds with a set of liturgical practices which intend to respond to the dynamics of suffering, re-inscribe these bodies, and assist persons in fulfilling the vocation of “participating in Christ's suffering for the salvation of the world”. (shrink)

I argue in this paper that Hannah Arendt can make a valuable contribution to the debate over global justice and our obligations to the global poor. I maintain that Arendt's work helps us to see how we might be able to combine the best impulses of both partialists and impartialists, and find a middle ground between taking seriously the importance of community as a human good, and the pressing ethical demands of noncitizens. I demonstrate that throughout her corpus, we see (...) both impulses at work. Arendt's appreciation for communitarianism is evident in a number of features of her political philosophy: the undesirability of a world state, and the necessity of a political community to secure human rights, a public sphere, and freedom. By contrast, Arendt's cosmopolitanism is rooted in two features of her political phenomenology: that political action is about the world , a love of the world, and not particular people; and that human togetherness underlies action while human solidarity is its primary motivation. In addition to these two seemingly contradictory threads in Arendt's work there is a third element: Arendt's attempt to mediate between these two impulses through her concept of judgment. To judge means to start from your position within a community, and to take into consideration all other relevant perspectives, regardless of nationality. In this manner, we are able to take seriously what we owe to both our compatriots and people in dire need who are not fellow citizens. In short, in judging, though we begin from our partialist commitments, we must take on a larger cosmopolitan perspective, and ultimately mediate between the two perspectives. Consequently, I hope to show that Arendt can indeed make a contribution to the ongoing debate over our moral obligations to noncitizens in situations of dire necessity. (shrink)

We investigated the effect of culture, moral discourse, and motivation to engage in prosocial behavior on benefactors’ positive affect. Participants from three cultures responded to scenarios in which they could perform small acts of kindness for different targets. A stronger relationship between agentic and obligated motivation to perform acts of kindness, as well as between obligated motivation and positive affect, was observed for participants from Japan, and for individuals with higher endorsement of the Community Ethic. Agentic motivation to engage (...) in prosocial behavior was related to benefactors’ positive affect, regardless of relationship type. (shrink)

Existing debates on business ethics under-represent consumers’ perspectives. In order to progress understanding of ethical judgement in the marketplace, we unpack the interconnections between consumer ethical judgment, consent and context. We address the question of how consumers judge the morality of threat-based experiential marketing communications. Our interpretive qualitative research shows that consumers can feel positively about being shocked, judging threat appeals as more or less ethical by the nature of the negative emotions they experience. We also determine that the (...) intersection between ethical judgement, consent and context lies where consumers’ perceptions of fairness and consequences lend contextualised normative approval to marketing practice. Our research makes three original contributions to existing literature. First, it extends theory in the area of ethical judgement, by highlighting the importance of consent for eliciting positive moral responses. Second, it adds to embryonic research addressing the role of emotions in ethical judgement, by ascertaining that negative emotions can elicit positive consumer ethical judgement. Third, our research contributes an original concept to ethical judgement theorisation, namely consumer-experienced positive shock. We define CEPS as a consensual shock value judged as ethical due to its ephemerality, commercial resonance, brand alignment, target-audience appropriateness and contextual acceptability. We also extrapolate the dimensions of CEPS into an ethical judgement typology, elucidating how consumers judge some threat-based communications as ethical, but not others. Consequently, our work dovetails with wider business ethics debates on ethical judgement, adding value by clarifying the conditions that generate positive consumer ethical judgement. (shrink)

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral (...) and interpersonal development. He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

The paper examines two forms of naturalistic moral realism, “Micro-structure realism” and “Reason realism”. The latter, as we defend it, locates the objectivity of moral facts in socially constructed reality, but the former, as exemplified by David Brink\'s model of naturalistic moral realism, secures the objectivity of moral facts in their micro- structure and a nomic supervenience relationship. We find MSR\'s parity argument for this account of moral facts implausible; it yields a relation ship between (...) moral facts and their natural- scientific constitution that has a queer, slapped- together quality. We argue that the relationship needs to be spelled out by a process of social construction, involving collective intentionality and constitutive rules. We explain how our constructivist model of RR differs from a form of it defended by Michael Smith, which analyzes moral facts by reference not to construction but rather to a hypothetical situation of full rationality. We agree with Smith, as against Bernard Williams, that a rational agent may have reasons for acting that go beyond the agent\'s “subjective motivational set,” but we locate such reasons by reference to the agent\'s member ship in an actual community, and we explore the prospects for moral objectivity given this constraint on moral reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 224-238 [Access article in PDF] Bookmarks A Hanging Judge Denis Dutton "CORNERING THE MARKET ON CHUTZPAH," blared the headline on one review, and in tone it wasn't alone. It's not often that a book by a public intellectual has received as much media attention—mostly vilification and scorn—as Richard A. Posner's Public Intellectuals: A Study of Decline (Harvard University Press, $29.95). Three reasons for (...) this stand out. First, there's the sheer audacity of including a list of the top hundred public intellectuals, drawn from a larger list of 546 names. This invites endless dispute over how the list was generated, who is on it, who is left off, where each one stands, and why. Second, there is the fact that Posner has managed in the book to offend half of the public intellectuals you'd expect to be called on to review it—almost as though he made a list of potential reviewers and worked in a swipe at each. Finally, he has tapped into the deep antipathy humanist intellectuals have to seeing a beloved topic treated quantitatively, with statistics and applications of social and economic theory, replete with graphs and algebraic formulae. And after all, what topic is more beloved by the intellectuals than they themselves? That Posner would actually treat such important people as a demographic type, sorting them in terms of race, age, field, politics, sex—why, he even asks why so many are Jews. It's outrageous... and delicious.Definitions first. The idea of an intellectual, Posner says, should not be identified merely with having highbrow, cultivated tastes, being especially creative, or having high intelligence. All of these things are possible without being an intellectual, which Posner thinks ought to denote the application of the mind to "political matters in the broadest sense of that word, a sense that includes cultural matters when they are [End Page 224] viewed under the aspect of ideology, ethics, or politics (which may all be the same thing)." There is therefore a vague redundancy in the term "public intellectual," since the placing of ideas in a larger public context, acting as social critic, is what the intellectual most essentially does. In our age of vast communication media, it is also done con-spicuously in public, through op-eds, public radio interviews, and on TV clips with the regulation public-intellectual bookcase as a backdrop. This concern with larger moral issues means that for Posner paradigm individuals would therefore include the likes of John Dewey, Bertrand Russell, Hannah Arendt, Arthur Koestler, Edmund Wilson, Susan Sontag, and most powerfully in Posner's mind, George Orwell: people who write about literature, art, science, and so forth from a broadly political or ideological perspective. For example, when Allan Bloom writes about rock and roll, he is not doing so as a music critic but as a philosopher who sees it as a symptom and source of social degradation. That's echte public intellectual work (and rather bad work in this particular case, Posner believes). That it is done for a broader public is also a crux for Posner, who leaves omits John Rawls from his list, because as influential as Rawls is as a philosopher, he does not address a larger public in the way that Richard Rorty and Martha Nussbaum do.The decline referred to in Posner's title is a decline in the actual worth of public intellectuals' work, not in their media celebrity, which has grown roughly inversely to the value of what they do. This invidious situation has followed, in Posner's view, the proliferation of academics in the ranks of public intellectuals. From the nineteenth century, with such names as Thoreau, J. S. Mill, Herbert Spencer, Matthew Arnold, and Tocqueville, to well into the twentieth, with the likes of Max Eastman, Edmund Wilson, H. G. Wells, and Dwight Macdonald, the great tradition of public intellectuals had its life outside of universities. Although there remain nonacademic public intellectuals today—Susan Sontag, Roger Kimball, Tom Wolfe, Gore Vidal—they are a severely diminished species. Universities, which have expanded... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Chair’s Perspective on the Work of the Advisory Committee on Human Radiation ExperimentsRuth Faden (bio)On January 15, 1994, President Clinton created the Advisory Committee on Human Radiation Experiments in response to his concern about the increasing number of reports describing alleged unethical conduct of the U.S. Government, and institutions funded by the government, in the use of, or exposure to, ionizing radiation in human beings at the height of (...) the Cold War. He directed the Committee: (1) to uncover the history of human radiation experiments and intentional environmental releases of radiation; (2) to identify the ethical and scientific standards for evaluating these events; and (3) to make recommendations to ensure that whatever wrongdoing may have occurred in the past will not be repeated.The Committee was composed of 14 members: a citizen representative and 13 experts in bioethics, radiation oncology and biology, epidemiology and statistics, public health, history of science and medicine, nuclear medicine, and law. We reported to a cabinet-level group (the Human Radiation Interagency Working Group) convened by the president, which includes the secretaries of defense, energy, health and human services, and veterans affairs; the attorney general; the administrator of the National Aeronautics and Space Administration; the director of the Central Intelligence Agency; and the director of the Office of Management and Budget.On April 21, 1994, at the end of the first day of our first meeting, President Clinton invited us to the White House to personally communicate his commitment to the process we were about to undertake. He urged us to be fair, thorough, and unafraid to shine the light of truth on this hidden and poorly understood aspect of our nation’s past. Our most important task, he said, was to tell the full story to the American public. [End Page 215] At the same time, we were to examine the present, to determine how the conduct of human research today compares with that of the past, and to assess whether, in light of this inquiry, changes need to be made in the policies of the federal government. Eighteen months later, the Committee’s attempt to tell the story of the past and to report on our inquiry into the present was delivered to the president in a 900-page Final Report (ACHRE 1995) and several supplemental volumes.The Committee’s charge was enormous. We were asked to conduct a massive investigation into events that occurred as much as 50 years ago and that involved the highest reaches of the defense establishment and the medical community. This investigation necessitated an examination of the conduct and policies of six federal agencies and countless agents in the private sector, as well as the location and interpretation of hundreds of thousands of documents, many of which were buried in obscure locations or were still classified.In addition, the Committee was instructed to establish standards for judging, in moral terms, the events that it uncovered. This charge necessitated the confrontation of contentious debates in moral thought and theory about history, relativism, and the significance of context in moral judgment. But our purpose was not to engage in these debates in the abstract. Although the Committee was not expressly charged with considering issues relating to remedies, including financial compensation, we felt obliged to address the type of remedies that we believed the government, as an ethical matter, should provide to subjects of experiments where the circumstances warranted such a response. Thus our deliberations about relativism and moral judgment were tied to concrete recommendations for public policy and were conducted in a public context that included participants from numerous adversarial legal proceedings.In tandem with our reconstruction of the past, we undertook three projects to examine the current state of human radiation experiments. First, we studied how each federal agency that currently conducts or funds research involving human subjects regulates and oversees its research activity. Second, from among the very large number of federally-supported research projects involving human subjects, we randomly selected 125 projects for closer scrutiny. We reviewed all available relevant documentation for each project in order to assess how well it appeared to protect the rights and interests of the participating subjects. Third... (shrink)

Carl Schmitt spent much of his life arguing against human rights. While this may not come as a surprise, a closer examination of The Concept of the Political reveals that Schmitt’s critique of Liberal humanitarianism is itself rooted in a concept of the humanum as a sphere of substantive moral and political conflict. As an analysis of Schmitt’s concept of the enemy shows, this humanum serves as an argument for the necessity of a juristic distinction between enemy and foe. (...) For, only by distinguishing between the relativized enemy and the absolute foe, Schmitt argues, will we be able to distinguish create a space for particularly political action. Having revealed the framework of mediated moral conflict, in which Schmitt conceives of political action, I then turn to consider Schmitt’s minimalist proposal for a positive definition of a “universal jus commune” and assess its significance for a discussion of human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Sanity and Irresponsibility”Lloyd Fields (bio)AbstractI make two criticisms of Wilson’s proposal to dispense with a loaded axiological criterion of sanity. First, Edwards’s axiological criterion of sanity, which Wilson accepts, involves the requirement of impartiality, which at least excludes some standards of right and wrong. Second, value pluralism applies only to morally acceptable forms of life and thus presupposes a standard of right and wrong. I conclude by (...) noting that mental illnesses are not sufficiently characterised by extreme and persistent deviance from practical rationality, as conceived by Edwards and Wilson.KeywordsSanity, responsibility, mental illness, value pluralismWilson’s paper is set in an important tradition of which Susan Wolf is a notable exemplar. He tackles the crucially important issue of how practical rationality is related to mental health and of how certain forms of irrationality are connected with mental illness. This issue must be taken into account in order to avoid infecting the criteria of sanity with “idiosyncratic or culturally biased norms.” Like Wolf (1989, 137–151), Wilson holds that sanity is a necessary condition of responsibility. But Wilson rejects the second of Wolf’s two criteria of sanity on the grounds that it invokes a definite normative theory of right and wrong. He proposes instead that whether an agent is sane should be decided on the basis of whether s/he displays practical rationality, as defined by Edwards’s list of seven items. Following Edwards, Wilson implicitly equates “sanity” with “mental health” and “insanity” with “mental illness.” By rejecting an axiological criterion of sanity that depends on a normative theory of right and wrong, Wilson is able to ensure that individuals like JoJo are not judged to be insane and hence not morally responsible for their actions. Wilson is right to stress the importance of our not applying notions such as “mental illness” or “insanity” too widely, especially in such a way as to allow blameworthy persons to escape blame and punishment.But are Wilson’s own criteria of sanity free from dependence on a normative theory, or a normative standard, of right and wrong? First, let us note that Wilson states Edwards’s seventh condition of practical rationality as follows: “holding values that are or would be adopted under the conditions of (negative) freedom.” Edwards’s own formulation of this condition is the following: “having values which have been (or would be) adopted under conditions of freedom, enlightenment and impartiality” (1982, 315). Wilson explains “freedom” as the absence of coercion. It is uncertain what “enlightenment” means in this context. Impartiality would seem to include being impartial between oneself and others and between one’s own tribe, nation or race and that of others. Although this requirement is perhaps too general to be regarded as a sufficient standard [End Page 303] of right and wrong, it is at least part of such normative theories as utilitarianism and Kant’s moral theory, while it is inconsistent with ethical egoism, i.e., the view that an action is right or wrong depending on whether it serves or frustrates the agent’s overall best interests. One could dispute Wilson’s claim, therefore, that Edwards’s seventh item is not a “loaded” axiological criterion.Second, Wilson maintains that we can avoid assuming a loaded axiological criterion for sanity by adopting the position of value pluralism. Wolf’s axiological criterion for sanity is that the agent should be capable of knowing the difference between right and wrong. Wilson holds that this criterion, as presented, invokes a normative theory of right and wrong. The criterion would not do so if it were applied in accordance with value pluralism, which, Wilson says, “rejects the notion that there is one monolithic theory of right and wrong without denying that an actor may behave virtuously or viciously.” Wilson appears to assume that an “unloaded” version of Wolf’s axiological criterion would be more or less equivalent to Edwards’s seventh condition of practical rationality.Value pluralism maintains that there are incompatible forms of life that display distinct virtues. “Whichever form of life one is pursuing there are virtues which elude one because they are available only to people pursuing alternative and... (shrink)

Can testimony provide reasons to believe some proposition about an artwork’s aesthetic character? Can testimony bring an agent into a position where they can issue an aesthetic judgement about that artwork? What is the epistemic value of aesthetic communication? These questions have received sustained philosophical attention. More fundamental questions about aesthetic communication have meanwhile been neglected. These latter questions concern the nature of aesthetic communication, the criteria that determine when aesthetic communication is successful, and the frequency of communicative success (...) in aesthetic communication. The neglect of these questions is a serious oversight, not least because they bear directly on each of the other questions listed. This paper’s focus is the more fundamental set of questions. I argue for a restricted form of communicative pessimism. Discerning aesthetic communication about an artwork typically fails unless its recipient is both acquainted with that artwork and able to coordinate with the speaker on an aesthetic understanding of it. I arrive at this conclusion by challenging the standard conception of the nature of aesthetic communication that the literature presupposes, as well as an accompanying criterion of communicative success. I introduce an alternative view. In closing I relate my discussion to the former set of questions. (shrink)

For Self-Examination and its companion piece Judge for Yourself! are the culmination of Soren Kierkegaard's "second authorship," which followed his Concluding Unscientific Postscript. Among the simplest and most readily comprehended of Kierkegaard's books, the two works are part of the signed direct communications, as distinguished from his earlier pseudonymous writings. The lucidity and pithiness and earnestness and power, of For Self-Examination and Judge for Yourself! are enhanced when, as Kierkegaard requested, they are read aloud. They contain the well-known (...) passsages on Socrates' defense speech, how to read, the lover's letter, the royal coachman and the carriage team, and the painter's relation to his painting. The aim of awakening and inward deepening is signaled by the opening section on Socrates in For Self-Examination and is pursued in the context of the relations of Christian ideality, grace, and response. The secondary aim, a critique of the established order, links the works to the final polemical writings that appear later after a four-year period of silence. Originally published in 1944. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged (...) intentional, whereas a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

"How, if at all, is responsibility possible," and "What kind of beings must we be if we are ever to be responsible for the results of our wills?". This study is not intended to guarantee final answers to these questions. What Wolf's study attempts to offer is insight into and a new perspective on the problem of the relationship between responsibility and freedom; it accomplishes this. After introducing us to the dilemma of autonomy as an issue germane to the problem, (...) Wolf embarks upon an examination and criticism of two standard positions: The Real Self View and the Autonomy View. While both of these contain plausible arguments, Wolf's examination exposes their inadequacies. According to the Real Self View, the actions of an agent are free and responsible if those actions arise out of one's own valuation system and are governed by the desires of the real self. The major difficulty is that if the real self is "deeply responsible" so as to deserve praise or blame, it leaves unanswered an explanation of why the real self is "deeply responsible" at all. Hence, the Real Self View fails to provide a solution. The Autonomy View is more radical and less defensible than the Real Self View. An autonomous agent can make choices on no basis, and is no more bound by reason than desire. To want autonomy is not only to want the ability to make choices when no choices exist, but to desire to be able to make choices for no reason, even if a reason exists. Wolf targets the vulnerability of the position. Prescinding from a cognitive perspective of reason, Wolf describes reason as a "normative faculty," or "whatever faculties are thought to be most likely to lead to true beliefs and good values". Concrete examples provide Wolf with supportive evidence that no responsible agent would want the ability to act contrary to reason. Like the Real Self View, the Autonomy View is inadequate. Wolf procedes to formulate her own theory in which reason plays a pivotal role. Her view is marked by a refreshing simplicity that does not undermine its philosophical soundness or its persuasiveness. According to Wolf's view, or the Reason View, the condition for responsibility is the ability to act in accordance with right reasons, the true, and the good. Philosophically, the true and the good are concepts that invite endless inquiry and debate. Wolf wisely avoids the pitfalls of many inquisitors and assumes a common sense, matter of fact approach to what constitutes the true and the good. There is objectivity in the world sufficient to yield empirical beliefs. Responsible agents are able to discern the true from the false and form value judgments that serve as a basis for action. Absolute metaphysical independence is not integral to responsible action, since there is always the presence of physical and psychological factors. But these factors are not so great as to deter or hinder responsible action. Whether or not an agent ultimately chooses to do that which is objectively better than something else does not alter the fact that one has the ability to act responsibly. Using the fundamental rational powers of perception, imagination, reflection, training, and logical thinking, the agent can recognize and appreciate the true and the good and act in accordance with them. The Reason View presumes that those whose intellectual and emotional capabilities fall within the range of normality are able to perceive what is objectively valid and morally good. Responsible action extends beyond the bounds of the moral sphere. Included under the category of responsible action are aesthetic, as well as personal, goals, and whatever else may be seen as good for the agent. What reason values as good has objective validity, albeit not absolute validity. What is good for the agent can never be judged apart from a given, determinate environment or from the psychological disposition of the agent that has its own normative competence. In its judgments, reason accommodates itself to both factors, and the responsible agent comes to see and appreciate the True and the Good. Wolf does not absolutize her theory; she offers it as working moral certitude for responsible agents. Her claim is that if the Reason View is correct, "It is important to cultivate and promote an open and active mind and an attitude of alertness and sensitivity to the world," so that one can come to "appreciate the True and Good" and "direct one's actions, in light of them". One can find little to discredit in Wolf's arguments, and her approach to the problem of the relationship between responsibility and freedom provides a relief from the tedious and convoluted debates that often take place when this issue is the topic.--Kathleen R. Madden, Chicago, Ill. (shrink)

The study aims at determining the role and significance of such moral emotions as nobility, gratitude, admiration for the socially significant behavior of a person in society. That involves identifying a close relationship between those emotions and personality’s social behavior and that they can be one of the main incentives for socially significant behavior – theoretical basis. The importance of ethical emotions with positive valence when making decisions with their implementation in society determines the research’s theoretical and methodological basis. (...) Those are studied in the cognitive dimension of human social activity, considering their subjective experience and objectification. The authors determined that ethical emotions with positive valence, pleasant emotions stimulate a person to experience them again and behave socially desirable as such behavior allows reliving those emotions and self-actualizing. Emotions with a positive valence are most desirable for a person and are the essential behavior incentives in society. A person can act actively to achieve them, to experience them repeatedly, which is the basis of motivation for socially desirable and meaningful behavior. From exclusively subjective experiences, those emotions move into objectification, i.e., those motivated to act in conditions of a definite or indefinite social continuum. In due time, these socially crucial actions acquire normative content, sometimes even a form, since they serve as a model for others. Moral emotions with positive valence, empathy, rule-making, high culture, and responsibility to oneself and others form a good way of a person’s self-realization through positive social behavior. Furthermore, moral emotions with positive valence are the most important incentive for such behavior. (shrink)

Moral distress in healthcare has been an increasingly prevalent topic of discussion. Most authors characterize it as a negative phenomenon, while few have considered its potentially positive value. In this essay, I argue that moral distress can reveal and affirm some of our most important concerns as moral agents. Indeed, the experience of it under some circumstances appears to be partly constitutive of an honorable character and can allow for crucial moral maturation. The potentially positive value, (...) then, is twofold; moral distress carries both aretaic and instrumental value. Granted, this position is not without its caveats, but by making these clear, I provide a novel framework for policy recommendations regarding when, if ever, we should work to reduce moral distress. (shrink)

Nationally Determined Contributions (NDCs) are critical climate policy documents formulated by the Party countries, under the UNFCCC Paris Agreement, to communicate their goals and commitments to reduce national emissions and adapt to the impacts of climate change. As an emerging discourse genre, it has attracted increasing attention from discourse analysts. However, few studies have specifically focused on the NDCs of African countries as a whole, leading into the situation in which their positions and voices are largely underrepresented in the current (...) climate negotiation. Using a combined method of positioning theory and critical discourse analysis, this paper aims to explore the African countries’ positioning in the climate change agenda by examining the discursive narratives around three prominent thematic categories in their NDCs, i.e. responsibility, vulnerability and conditionality. It is found that the African countries intend to position themselves as non-villains, victims, and demi-heroes by strategically highlighting their insignificant historical responsibility, exceptional vulnerability, and conditionality of implementation on the external support from the international community. Furthermore, it is argued that the commonality of their self-positioning is conducive to forming a collective identity to resist the hegemonic discourses of inequality and struggle for equity in the current climate negotiation. (shrink)

It is widely recognised that we hold certain moral obligations to future generations. Robert Elliot argues that we can base these obligations on the rights of future people. I accept his argument that future people are moral agents who possess rights. However, I argue that the main question for political and moral philosophers is whether it is possible to find the balance between the obligations to, and the rights of, contemporaries, and the obligations to, and the rights (...) of, future people. By analysing the notions of 'human rights' and 'welfare rights' of future people, I argue that this question can be tackled only in terms of welfare rights. But the latter make sense only in the context of community of provision. This implies that we must first examine the 'trans-generational' community that includes contemporaries and future generations. Thus a theory of justice between generations cannot be purely 'rights-based'. However, by describing the 'trans-generational community' I argue that it can serve as the moral grounds for our obligations to future generations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning from Examples of Civic Responsibility:What Community-Based Art Centers Teach Us about Arts EducationJessica Hoffmann Davis (bio)Introduction/QuestionThroughout the United States, beyond school walls, there struggles and soars a sprawling field of community art centers dedicated to education.1 Most frequently clustered on either coast in bustling urban communities, these centers provide arts training that enriches or exceeds what is offered in schools. They serve artists who need space for (...) work or performance, students who crave instruction and direction, and the broader community that enjoys attendant cultural enrichment. At the core, they create safe havens for arts learning that has been marginalized elsewhere.Unfettered by the demands and constraints of school administrations, these self-designed centers have been of considerable interest to arts education researchers over the last twenty years.2 Largely conceived and staffed by artists, they demonstrate artful alternatives to mainstream education: creative visions of teaching, learning, and assessment. Moreover, the positive impact these centers have had on students considered at risk across a number of variables has caught the attention of researchers looking for better ways to serve our youth.3The location of these centers beyond school walls, like their operation beyond the hours of the school day, would naturally seem to cast them as positive opportunities for extending arts learning that goes on in school. But with school art curricula scarce or in danger of elimination, supplementary options can seem threatening to school arts specialists. Administrators have regarded the opportunities that outside artists and centers provide as sufficient substitutes for a school-based course of sequential instruction in the arts. While vital funding sources encourage and sustain collaboration, a tension persists between the autonomy of outsider arts centers and the integrity [End Page 82] of insider school arts programs. For students disenfranchised from schools, the "otherness" of centers has a certain cachet. For centers unable to afford their own space, school classrooms in after-school hours offer a home base for their offerings and easy access for students. The back and forth across school walls raises opportunities and concerns that have resulted in a range of creative solutions.4 But my interest here is not in the cross-wall meeting of services, but rather in the differences in arts learning on either side of school walls. In the pages that follow, I pose the question, What can schools learn from the arts education provided in the community?In addressing this question, I first mark the differences between arts learning in schools and in the community as a need for justification versus an opportunity for demonstration. I then describe the research from which my thinking and discussion draw and offer a brief overview of the history of community art centers as inspired by and illustrative of civic responsibility. With an eye to what educators and advocates can learn from these community-based efforts, I focus next on three common objections to prioritizing the arts in our schools: value, measurement, and autonomy. Each objection is introduced from a school-based perspective and then reconsidered in light of community-based attitudes and activities.5 In conclusion, I delineate the insights derived from a consideration of community arts education as stimulus for the redirection of educational objectives and advocacy rationales for arts learning in schools.Justification vs. DemonstrationIn its struggle for recognition and place in school settings, arts education has sought justification in terms of its potential to serve the broader educational scene. We ask of classes that provide mounting skills in visual arts, music, or theater, "Yes, but what else does arts learning do? Can it improve student skills in reading, mathematics, or any other subjects that are more traditionally valued?" Such demands may seem unfair. When has math ever been defended for its ability to improve arts performance? Beyond a sense of injustice, claims for arts learning's causal impact on measurable extraneous outcomes (such as improvements in test scores in nonarts academic subjects) are at best most difficult to prove.6In community centers where art is the chosen heart of the matter, students come specifically to study the arts and to benefit from their enhancement of more generalized experience... (shrink)

The paper examines two forms of naturalistic moral realism, “Micro-structure realism” and “Reason realism” . The latter, as we defend it, locates the objectivity of moral facts in socially constructed reality, but the former, as exemplified by David Brink\'s model of naturalistic moral realism, secures the objectivity of moral facts in their micro- structure and a nomic supervenience relationship. We find MSR\'s parity argument for this account of moral facts implausible; it yields a relation ship (...) between moral facts and their natural- scientific constitution that has a queer, slapped- together quality. We argue that the relationship needs to be spelled out by a process of social construction, involving collective intentionality and constitutive rules. We explain how our constructivist model of RR differs from a form of it defended by Michael Smith , which analyzes moral facts by reference not to construction but rather to a hypothetical situation of full rationality. We agree with Smith, as against Bernard Williams, that a rational agent may have reasons for acting that go beyond the agent\'s “subjective motivational set,” but we locate such reasons by reference to the agent\'s member ship in an actual community, and we explore the prospects for moral objectivity given this constraint on moral reasons. (shrink)

This article strives to make a critical assessment of the claim of discourse ethics, as articulated by Jürgen Habermas, to meet with the challenges of moral consciousness and communicative action today. The article locates Habermas' theory of discourse ethics in the contemporary movement to remoralize institutions and to build a post-conventional moral theory. It describes Habermas' agenda and looks into incoherences in his project in accordance with his own norms. Beginning with an internal critique of Habermas, the article, (...) however, is engaged in an interrogation of the Habermasian agenda from outside its own frame of reference precisely because the issues that the discovered tensions raise, cannot be resolved within the rationalist framework of Habermas. The article argues that in order to realize the lofty agenda of transformation that discourse ethics sets for itself, it must now make a dialogue with critical and practical spir ituality. It gives a brief sketch of the agenda of spiritual transformations that can help discourse ethics solve some of its own stated problems such as the problems of anthropocentrism and cognitive distantiation and be a transformative agent in thinking through the theory and practice of moral consciousness and communicative action today. (shrink)

The purpose of ‘Technological rabbits and communication turtles’ is to place the subject of commercial and scholarly publishing in a larger historical and philosophical context; one that takes seriously differential frames of everyday operations and also long term values being serviced. The dramatic changes in electronic information processing have created new fields of communication as an empirical science. Its successes cannot be disputed. At the same time, concerns over the legacy of publishing itself, its higher moral aims that date (...) back to the development of language as such, has been opened to new scrutiny. Issues of judging, evaluating, and generalizing, have been opened to scrutiny. This essay argues that both empirical research and ethical theory are needed in an open society. Public policy and common interests are best served by exploring how technology and morality intersect. In sum, rabbits and turtles each have a right to live in the animal kingdom, and no less, in the human realm of that kingdom as well. (shrink)

Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, (...) jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached. (shrink)

Over the last decade, attention has crawled from out of the shadows into the philosophical limelight with several important books and widely read articles. Carolyn Dicey Jennings has been a key player in the attention revolution, actively publishing in the area and promoting awareness. This book was much anticipated by insiders and does not disappoint. It is in no way redundant with respect to other recent monographs, covering both a different range of material and developing novel positions throughout. The book (...) might have been called The Attending Self, since Jennings defines attention as mental prioritization controlled by the self. This invocation of the self is among her central innovations, and may prove to be the main source of controversy. I will highlight points of contention here, but want to emphasize at the outset that the book is essential reading for anyone interested in attention. Jennings also contributes to a range of other debates, which will help a broader audience appreciate the importance this topic.After a brief introduction, Jennings provides “a philosophical landscape” of attention (chap. 2), tracing the concept through history. This is an invaluable achievement that will be welcomed by both newcomers and veterans. Jennings exhibits enormous breadth, covering areas that contemporary philosophers of mind tend to neglect: medieval philosophy, Buddhist thought, and phenomenology, to name a few. We also get perspectives on attention from core figures in the Western canon, such as Descartes, Locke, and Kant, as well as thinkers who gave the topic a more political inflection: Mary Wollstonecraft and W. E. B. DuBois. Jennings surveys contemporary literature as well, locating recent work in these older lineages. Some authors get more treatment later in the book (e.g., William James and Wayne Wu). Overall, Jennings provides the best overview of this history I have seen. She proves that attention is not a new topic, but one with deep roots and one that can inform current debates; Jennings draws on these roots throughout. I would love to see a companion piece surveying scientific theories, including “gain control” and “biased competition,” which get little airtime in the book. Some recent philosophical theories are under-explored as well, including Chris Mole’s concept of cognitive unison (Jennings discusses other aspects of his view), Carlos Montemayor and Harry Haladjian’s exploration of attention’s diversity (we get a touch of this), and my own proposal that attention is a gateway to working memory (not mentioned here). That said, no extant survey is more complete.Chapter 3 begins with the empirical claim that attention is regulated by slow brainwaves, and then takes up two issues. The first is mental causation. Endorsing moderate emergentism, Jennings argues that slow brain waves are causally efficacious even though they are not reducible to lower-level processes. (The metaphysics and neuroscience are presented accessibly, aided by three appendixes.) Second, Jennings argues that these slow brain waves indicate that attention is controlled by the self. As someone who was never moved by the mental causation problem—I don’t think overdetermination threatens efficacy—I would have welcomed more development of this second issue. For one thing, in linking attention to subjective control, Jennings eschews the idea that there can be purely “bottom-up” attention driven by stimulus features alone. This goes against the orthodoxy in attention science, and makes it hard for her to accommodate phenomena such as “pop-out,” or the commonsense idea that attention can be “captured” by a sudden flash or loud sound. For another thing, I wanted to hear more on why Jennings relates slow brain waves to the self. Does this include the slow waves that occur during deep sleep? Is there even such a thing as the self? Is there one self or many? How do slow brain waves reflect our interests, projects, values, self-conceptions, autobiographical narratives, or social identities? Does the social self invoked by Wollstonecraft and DuBois gain a foothold here? The whole chapter campaigns against metaphysical reductionism, but arrives at a perspective on the self that will strike some readers as highly reductive.In the fourth chapter, Jennings sheds further light on her conjecture that attention involves the self by advancing the thesis that attention endows sensory information with meaning. On the face of it, this may sound implausible. Object recognition, reading, and many other meaning-involving processes can take place outside of attention and outside of consciousness. But Jennings has a richer notion of “meaning” in mind. She develops the idea of “subject unity,” which is imposition of structure on perception that reflects the interests of the perceiving subject. This, she claims, is what brings perception into the space of reasons. Along the way, she has interesting observations about binding, feature integration, and demonstrative reference. The material is highly original, and Jennings’s postulation of interest-based perceptual organization is compelling. At the same time, one might wonder whether interests are really relegated to the ambit of attentional control. Consider the cocktail party effect, wherein one’s own name captures attention. This implies a preattentive filter that reflects our interests. Emotionally charged words, facial expressions, and dangerous objects also work this way, and social biases can operate preattentively as well. If these reflect our interests, then meaning may arise outside attention.Jennings’s fifth chapter explores the relationship between attention and consciousness. Some authors have argued that attention is necessary and sufficient for consciousness. Jennings focuses primarily on the necessity claim. She does not systematically review the empirical literature here, but she addresses some of the key findings, and effectively rebuts studies that allege to find consciousness outside attention. She does not rest her case there, however. Instead, she identifies a new class of examples that purport to establish the possibility of consciousness without attention. Her central example she calls “conscious entrainment,” which is what we experience when engaged in habitual or skilled activities. Other possible examples touched on in the chapter include hypervigilance in individuals with attention deficit hyperactivity disorder (ADHD), passive movie watching, dreaming, and “attentional neglect.” These states all involve intense focus, Jennings admits, but not attention. To some readers this may sound contradictory. Isn’t focus a kind of attention? Don’t these states of absorption involve stimulus selection and enhancement of relevant features, suppression of distractors, and other hallmarks of attention? Jennings says none of this is tantamount to attention. Recall that she thinks attention is controlled by the self. In these cases, we are invited to imagine that the self takes a passive role: control is either ceded to the world (movie watching) or to previously mastered routines (skills and habits). Thus, Jennings’s claim that there is no attention in these cases hangs on her contentious thesis that attention requires a controlling self. One might also push back by arguing that, in some of Jennings’s allegedly selfless examples, the self remains involved. Skilled activities and hypervigilance, for example, can reflect personal interests.Skills and hypervigilance get more airtime in chapter 6. There, Jennings turns to questions of responsibility—a neglected topic in attention research. The chapter begins with a manslaughter trial in which the teenage plaintiff was given a light sentence because the judge evidently believed that the teen’s ADHD compromised his ability to control his actions. The example may be a bit triggering for people who have a personal relationship with this diagnosis, but, putting that aside, Jennings uses it to introduce the important concept of attention-based control. With reduced control, Jennings argues, comes reduced responsibility. I am inclined to see ADHD as involving dysregulation of attention (difficulty disengaging and dividing attention, for example) rather than diminished attention, but that can still be characterized as an issue with control of attention; therefore ADHD still illustrates Jennings’s point that there is a link between responsibility and control of attention. This, it turns out, is only half of her story. Having argued for this link, one might expect Jennings to follow Wayne Wu, who contends that attention is necessary for action, and hence for responsibility. She does not. Instead, she says argues that responsibility can also arise in cases of “strategic automaticity.” This brings us back to skills. When skills are deployed, action is governed by learned pairings between stimuli and responses. The choice to exercise a skill requires attention, so attention is needed for being a responsible agent, but once a skill kicks in, attention is no longer required, and one can be held responsible for actions performed skillfully—thus attention is not required for responsibility tout court. Jennings addresses an opposing view (defended by Wu, Ellen Fridland, and Barbara Montero), according to which skills involve “automatic attention” rather than no attention. Jennings worries that this move will collapse the distinction between attention and other kinds of selection and filtering that occur throughout the nervous system, including the retina. She says that the attentional interpretation of skilled action is at odds with the lack of top-down reweighing of sensory inputs, regulated by lateral frontal cortex. These objections to automatic attention warrant response. My own view is that attention involves broadcasting to working memory, so retinal filtering is ruled out. Jennings’s insistence on top-down reweighing will not move those who believe attention can be purely bottom-up. For all that, I side with Jennings in wanting to allow for responsibility without attentional control. I think we can be responsible for implicit biases, for example. I also think attentional control is insufficient for responsibility, as when we act under duress.Jennings offers fresh perspective on the nature of attention, and its role in meaningful perception, consciousness, action, and responsibility. Each chapter can be read separately, but they hang together well, and each reflects her thesis that attention is essentially linked to the self. Though I am skeptical of that strong claim, we would do well to follow Jennings in regarding attention as interest-laden interface between mind and world. I look forward to a sequel in which attention is related to richer conceptions of identity, and where the political consequences of this link are actively explored. Meanwhile, one can hardly fault Jennings for covering too little. She tackles a remarkable range of topics, from metaphysics to ethics. Her arguments throughout demand response, repay careful study, and propel the field forward. (shrink)

This paper examines the strategic use of corporate philanthropy in the 1990s by UK building societies faced with an intensification of societal pressure to change legal form from mutual to corporate status. While the economic case for mutuality has been made elsewhere, this paper examines the observation that community relationships were thought by management to be capable of assisting in the strategic positioning of mutual societies with regard to their legal form. By increasing charitable giving to respond to (...) the level of societal scrutiny and discussion on the issue of mutuality, this paper argues that charitable giving, as one proxy for community involvement, was used as a strategic tool to deflect calls for demutualisation, thereby preserving the existing mutual status of building societies. (shrink)

How do individuals and communities respond to negative aesthetic experience? Historically, philosophical aesthetics has devoted much thought to positive aesthetic experience, including the beautiful, agreeable, charming, and tasteful. But this is only a partial picture. Some aesthetic experience displeases: the ugly, disgusting, and horrific are but a few examples with which aestheticians have grappled in recent decades. The aversive and visceral nature of disgust has generated particular interest. But as Carolyn Korsmeyer points out in _Savoring Disgust: The Foul & (...) the Fair in Aesthetics_, there is also a paradoxical attraction to that which arouses disgust. Following Kant and Korsmeyer from the Western philosophical tradition, I claim that the aversive-attractive response is integral to disgust’s power to motivate aesthetic engagement. On the one hand, people might feel its force and refuse to engage with that which disgusts. On the other hand, unshakeable interest may spur active responses including the exchange of judgments of taste; protests of a given artist, work, or exhibition; or even violent actions intended to damage or destroy a particular work. While the negative dimension of disgust response is often regarded as a liability from an aesthetic standpoint, disgust also has a corresponding productive dimension that has important implications for communities. In this chapter, I coin the term “generative disgust” in order to explain the productive capacity of disgust to inspire communal, often subcultural, activity. On my view, generative disgust has two orientations – destructive and constructive. Both forms activate the community in question based upon the valence of the group’s comportment towards a particular work of art. As such, destructive generative disgust galvanizes the community and spurs increased activity based upon negative response to art, whereas constructive generative disgust galvanizes the community and spurs increased activity based upon positive response to art. I explore two examples that reveal the dual character of generative disgust in communities: Andres Serrano’s _Immersion (Piss Christ)_ (destructive deployment) and Bryan Fuller’s _Hannibal_ (constructive deployment). In the case of _Piss Christ_, the intensity of generative disgust spurred some Christians to police moral-religious boundaries and restrict aesthetic expression in order to protect a community. Their activity culminated in vandalism and destruction of Serrano’s photograph. In the case of Hannibal, the intensity of generative disgust, combined with hedonic ambivalence inspired the “Fannibals” (the Hannibal fandom) to forge community, make art, and to try to find the show a new home when it was not renewed by NBC. Both instances manifest how generative disgust can incite aesthetic engagement and increase organized activity on the part of subcultural groups. (shrink)