This chapter contains sections titled: Recommended readings.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Imitation of Nature: Source of Principles of Moral Action by Wojciech GolubiewskiAnthony T. FloodGOLUBIEWSKI, Wojciech. Aquinas on Imitation of Nature: Source of Principles of Moral Action. Washington, D.C.: The Catholic University of America Press, 2022. xx + 309 pp. Cloth, $75.00Does Aquinas's ethical account necessarily rely upon his metaphysics of goodness and natural forms, or can we fairly interpret his (...) ethics as merely cursorily connected to these other aspects of his thought? Golubiewski offers a thorough and compelling case that Aquinas indeed bases his ethics on these various broader principles, such that proper practical principles inextricably and fundamentally are an imitation of nature.Golubiewski details the full range of scholarship on Aquinas's natural law theory in order to set up his meticulous and comprehensive analysis. He motivates his interpretation by examining two opposed positions in current discussion. On one side is the view championed by Stephen Brock and others that focuses on Aquinas's metaphysics of the good, along with "the imitation of nature as the 'imitation of the divine mind'" as crucial to an accurate understanding of the natural law. On the other side is Martin Rhonheimer, who maintains, "natural law is not the 'imitative reflex' of the 'natural order'." Rhonheimer wishes to avoid a moral physicalism that succumbs to charges of the naturalistic fallacy. Golubiewski sides with Brock and proceeds to show the extent to which the notion of imitation performs throughout Aquinas's ethical thought.Early in his analysis, Golubiewski notes that we should avoid an overly strict distinction between the two virtues of practical reason, namely, art and prudence. While art does have the specific sense of right reason regarding the making of things, Aquinas also uses it more broadly and analogically as conveying any kind of right reason. Thus, when Aquinas speaks of art, particularly in terms of right reason as an imitation of nature, this includes prudence and all of the moral virtues it directs. Moreover, the notion of art also pertains to God's creative act. Insofar as created natures are the effect of divine art, the parameters of their goodness are already determined. In the case of rational natures, they are not free to determine their own goodness. By imitating nature, a person imitates the mind behind nature.Golubiewski devotes considerable attention to the sources of moral knowledge. For human beings, the imitation of nature pertinent to right moral reasoning begins with the knowledge of sensible things, whereby we grasp the patterns, modes of operations, and inclinations of them. All [End Page 139] beings have a movement toward—a desire for—actuality, which in turn orients them to divine goodness. "In this way things 'desire' the divine goodness, according to their own 'immanent likeness' to it. They desire it insofar as they imitate it." Each kind of thing imitates God's goodness in its own, admittedly very limited way. Human nature has this same relation to God; thereby, proper human action is based on the same sort of imitation.This leads to a relevant analysis of the part/whole notion in Aquinas. Golubiewski remarks that we have an inclination not merely toward our own individual good but also to the good of the whole human community and ultimately God as the ultimate good. "Not only political virtue but all kinds of properly human virtues are intrinsically ordered to the common good. In this way all of them are part of general justice as ordered to reason in its imitation of nature." In light of the recent resurgence of interest in the precise connection between personal rights and the common good, Golubiewski's elaboration on these points might prove especially helpful to anyone desiring to bring Thomistic principles into the debate.Golubiewski proceeds to delve into the precise character of the inclinations of human nature as rational inclinations. The common intelligible structure of goodness entails three elements. One, the mode of each kind of thing's congruent action. Two, the virtuous dispositions as rooted in that nature. Three, the virtuous agency by which the proper good of that nature is obtained. In the case of human beings, the mode of obtaining goodness is... (shrink)

The traditional philosophical questions around human freedom are to do with how to square freedom for human organisms with increasingly scientific understandings of the universe itself. At the beginning of Western philosophical consciousness, Plato, unlike later philosophers eligible of the label rationalist, maintained that there are obstacles to free and rational agency, owing in no small measure to pressures exerted by the human psyche from what later were referred to as biological drives and drives for (...) social status. In subsequent eras, these obstacles came under the heading of “weakness of will”—a conception shared widely in popular and traditional culture. Today the realities of addiction, social stresses, forces of habit, culture, social position, and group identity, together with psychological findings about cognitive biases, have come to dominate the landscape of empirically-based obstacles to agency. Can the image of the human being under the microscope of contemporary science, including cognitive and social science, be reconciled with the “manifest image” of human beings as sources of their individual behaviors (and held responsible accordingly), particularly if the scientific image is best construed in terms of governance by laws of nature? (The phrases manifest image and scientific image were coined by the twentieth-century American philosopher Wilfrid Sellars, see Sellars 1962.) How is it possible to square the idea of laws of nature with the manifest image in which humans exercise free agency as they play their various parts in the drama that is life? Does the manifest image thus square better with a theistic image of the world, as both seventeenth-century French philosopher René Descartes and eighteenth-century German philosopher Immanuel Kant seem to have thought, and by contrast the scientific image square better with atheism? A deterministic universe, such as was proposed during the Enlightenment, was early on thought to pose a threat to the idea of human freedom. (It does not pose the same threat to the idea of a sovereign creator, however, because the notion of a creator of the universe already puts the entity who qualifies for the office outside the regime of those laws, ahead of them both in time and in ontological status.) One traditional answer to the threat has been the notion of compatibilism— which simply asserts that freedom and determinism are not incompatible. The devil, of course, has been in the details of explaining how this can be so, and many schools of thought on the matter exist. It is worthwhile noting that there are enormously compelling reasons, from the quantum regime so well described by quantum theory, to reject determinism: the laws governing the universe are simply not fully deterministic. This, of course, vitiates the need to confront the threat as originally posed. However, the trouble, if one follows along this line of thought, is to make sense of the nature of freedom in a world governed partly by deterministic laws and partly by nondeterministic ones that admit of an element of chance. Is such a world itself any more compatible with the idea of human freedom? In this section we grapple with the question of human freedom, what it could mean, and whether it is best accepted in the context of a form of theism. We find that theism has no more resources for addressing these difficulties than atheism does. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. BrockBrian BesongThe Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.Fr. Stephen L. Brock is arguably one of the most important contemporary contributors to the Thomistic understanding of natural law. Hence, the (...) publication of his updated and revised doctoral dissertation on the topic [End Page 289] of the metaphysics of natural law in St. Thomas will be gladly received by Thomistic scholars and moral theorists alike. In The Light That Binds, Brock's central task is to explain the metaphysics of the promulgation of natural law in man. Put differently although extant literature on natural law may be useful for action analysis—why lying is always wrong, say—less attention has been paid to the way in which natural law has been promulgated by God and is present in the human intellect. What literature is available, either as an explanation of St. Thomas or as criticism of the same, has failed to do Aquinas justice, so Brock argues.The book comprises seven chapters and an introduction. In the first chapter, Brock's central goal is to survey the ways in which (especially more recent) commentators of Aquinas have distorted the sense in which natural law constitutes genuine law, as well as the relationship between natural law and God. For, there is a line of thought on natural law, particularly prominent in the "new natural law" tradition, according to which the principles at the heart of the theory do not fully satisfy the four criteria of legitimate law given by Aquinas. Rival views have natural law constituting a real law, but in virtue of an epistemically explicit reliance on God as lawgiver, among other distortions. Figureheads surveyed in the chapter include Dom Odon Lottin, Ernest Fortin, and Francisco Suárez, among others.In the second chapter, Brock outlines and defends his positive view regarding the legal status of the natural law by way of continued discussion of Lottin, particularly Lottin's contention that St. Thomas was heavily influenced by a mid-thirteenth-century Franciscan tract, De legibus et praeceptis. Brock argues that St. Thomas conceives of natural law as having an even closer relationship to eternal law than is posited by the earlier Franciscan tract, and the rest of the chapter is largely focused on unpacking this close relationship. In sum, natural law is law because it involves a rational ordering by God of our intellect to the goods of our nature, a human participation in an eternal ordering of all things to their ends (i.e., the eternal law). We need not discover the source of the ordering—namely, God—in grasping the first principles of his ordering, as Brock explains here and elsewhere. But the strictly legal status of the principles requires that natural law comes from a legitimate authority, among other essential elements.Chapters 3 and 4 tackle the more human side of the metaphysics of natural law. More concretely, in these chapters, Brock explains the wheres and the whats of our possession of the natural law. For, not all ordering of objects to ends implies the sort of normativity we see in the natural law. Brute animals, among others, have natural inclinations too, and yet they are not governed through these instinctual drives by a natural law. Natural law [End Page 290] is present preeminently in the human intellect, Brock argues, and is not to be confused with the prerational drives that we share as part of our animal nature. God instills these rational drives—the light, as it were—into reason in such a way that an individual can grasp its force autonomously, as basic conceptional truths about what right and wrong consist in (72). Here it would have been nice for Brock to reflect briefly on how Aquinas's views on moral knowledge fit within his broader epistemological commitments, as the natural (conceptual) knowledge of right and wrong at first glance shares common ground with the Franciscan tradition on divine illumination as found in figures... (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, (...) but instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- 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. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder 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. -/- 3. Aristotle and 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 inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- 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. The various phases of Stoicism are described, and the shifting place that was 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. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, 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 given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- 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 Torah (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 Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a 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 starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke 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 Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes 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 last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. 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, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, 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. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story 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 several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in 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 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. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- 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 the 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. 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 the 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. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the 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 too a few 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 Tora 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 Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. 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 a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the 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, 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 ambitious, 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 Prima Secundae 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 was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, 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 the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (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:Journal of the History of Philosophy 39.2 (2001) 300-302 [Access article in PDF] Louden, Robert. Kant's Impure Ethics: From Rational Beings to Human Beings. New York: Oxford University Press, 2000. Pp. 272. Cloth, $45.00. Kant's Impure Ethics sounds like the title of a very short book. Kant, strenuous advocate of purging everything empirical from moral theory in order to reveal the pure moral law a priori, (...) is assumed by many to reject impure ethics. Louden sets out to correct that image of Kant. Not only does Kant offer some impure, by which Louden means [End Page 300] empirical, ethics, Kant requires it in order for his moral system to work. Louden argues that impure ethics is an integral part of Kant's ethical project. Since as rational beings human beings are obligated to create a realm of ends, they need to be shown the specific manner in which they can create this moral realm in the specific world they inhabit. This impure ethics is never more than an application of the pure ethics and is not itself the source of any moral norms; Kant does not study human nature in order to establish or justify moral principles. Nor is impure ethics a sharpening of general duties to interpret them for our particular species or even groups within the species; Kant is not arguing that women or the French have duties peculiar to them. Rather impure ethics concerns the manner in which human beings can make morality efficacious in human life. Empirical knowledge of human beings can help determine the proper paths for humans to take in creating the realm of ends. Louden insists, as do some other recent commentators, that it is misleading to view the categorical imperative in isolation. Instead, Kant intended the categorical imperative to be understood in light of the development of a virtuous character. In its broadest sense the impure ethics concerns how all humans can develop that virtuous character.Kant himself divides philosophical ethics into the pure metaphysics of morals and the empirical, or impure, anthropology (in the "Preface" to the Groundwork among other places), but readers would look in vain for a single work by Kant which would fit under the latter heading. The Anthropology from a Pragmatic Point of View, the most plausible candidate for such a text, contains much material only peripherally related to ethics and very little discussing specific moral applications. Given this lack of a published focus on the empirical side of Kant's ethics, Louden searches the Kantian corpus of books, essays, students' lecture notes, and the Reflexionen to collect relevant material. He finds five "fields of impurity": education, anthropology, art, religion, and history. Louden does an excellent service to Kant scholarship by drawing together these disparate sources and topics to highlight little-known areas of interest to Kant such as education reform and the role of an established church in promoting virtue. He defends Kant's theory against some charges of sexism and racism by noting that, although Kant was sexist and racist, he did always include all members of the species in his claims that moral progress would ultimately encompass everyone. The most worthwhile aspect of these particular discussions is the way Louden draws them together under a common theme pervading Kant's empirical ethics: the central role of progress. To work toward a realm of ends, human beings need to institute certain institutions in order to cultivate, civilize, and moralize themselves. These institutions will help to train individuals in the arts and sciences as a propaedeutic to ethical practices. The study of history shows that humans are destined to progress toward perfection, but actual progress depends upon concrete action. One is puzzled that here Louden includes Kant's discussion of a league of nations but not his direct political philosophy enjoining individuals to enter and support a state, the most important institution encountered in all of Kant's practical philosophy. Nonetheless Louden succeeds in revealing a unity in Kant's scattered hints on various topics.In the end, Louden concludes... (shrink)

Although most natural law ethical theories recognize moral absolutes, there is not much agreement even among natural law theorists about how to identify them. The author argues that in order to understand and determine the morality (or immorality) of a human action, it must be considered in relation to the organized system of human practices within which it is performed. Such an approach, he argues, is to be found in the natural law theory of (...) Thomas Aquinas, especially once it is recognized that the logical structure of Aquinas's ethical theory is basically that of an Aristotelian science. In order to depict this structure and to explain how it bears upon the analysis of action, the author investigates a number of issues that have attracted the attention of Thomistic and Aristotelian scholarship. He examines the nature of practical reason, its relationship with theoretical reason, the derivation of lower from higher ethical principles, the incommensurability of human goods, the relationship between will and intellect, and the principle of double effect. The book will be useful to students and scholars interested in ethics, especially from an Aristotelian and/or Thomistic perspective. One appendix reproduces the Leonine text of the De malo (question 6), with facing English translation. Another appendix provides facing Latin text and English translation of the Summa Theologiae I-II (question 94, article 2). ABOUT THE AUTHOR: Kevin L. Flannery, S.J., author of many works on the history of logic--particularly Aristotelian logic--is dean of the faculty of philosophy and professor of the history of ancient philosophy at the Pontifical Gregorian University in Rome. PRAISE FOR THE BOOK: ""I know of no more careful and detailed study of Thomas's principle that the realms of theoretical and practical rationality are parallel. This principle is indeed central to an understanding of Thomas Aquinas's ethical thought, and Father Flannery examines its ramifications most perspicaciously. His book constitutes a valuable and important addition to the Thomistic literature. Father Flannery's writing is lucid, if not always extremely engaging, and his arguments are well supported by references to, and quotations from, the Aristotelian and Thomistic texts upon which they are based.""--The Medieval Review ""It would be hard to overstate the importance of this book at the present juncture of Thomistic studies.""--Ralph McInerny, University of Notre Dame ""... of interest and of great value mostly to specialists in Aquinas's ethics or moral theory more generally. Flannery presents complex matters clearly, and his explanations of the logical presuppositions of Aquinas's moral thought are always illuminating.""--Jean Porter, Theological Studies ""This is a significant work that belongs on the bookshelf of any serious student of Aquinas.... An important contribution to Thomistic studies.""--Irish Theological Quarterly ""This scholastic text will particularly appeal to thinkers interested in Aristotelian mathematics and logic and their practical integration into Thomistic natural law ethics. However, all natural law scholars must address the questions of context and method raised by Flannery's insights and his careful, precise textual analyses."" -- Beverly Whelton, Review of Metaphysics. (shrink)

This article rejects the claim that human beings are religious by nature. This rejection is controversial. It is always said by catholic and protestant philosophers and theologians that human beings are religious by nature. Schleiermacher holds that the feeling of absolute dependence does not define religion, but it is the defining characteristic that makes a certain phenomenon a religiousone. This defining characteristic is borrowed from christian faith in the one God the creator. I raise (...) two questions: 1. how does Schleiermacher judge non-monotheistic religions in which the feeling of absolute dependence is vague 2. how does he judge non-believers who reject religion? As far as the first question is concerned Schleiermacher broadens his conception of religion in such a way that non-monotheistic religions are included. In fact he says that such people should become religious in the sense of having a pure feeling of absolute dependence. Factually, they have not. That is why in my opinion the feeling of absolute dependence is too limited to serve as a general denominator for religions. With regard to the second question Schleiermacher calls the relatedness of the sensible consciousness to the higher self-consciousness, the feeling of absolute dependence, the consummating point of the self-consciousness. In other words: unbelief is a disturbance in the development of the person. If one holds that view, those who are indifferent to religion cannot be equal partners in public discussion. The generic view of religion does not do justice to the unbeliever. He or she is considered as a prodigal son or daughter. Can these two objections of the generic conception of religion be met? Wilfred Cantwell Smith and Paul Tillich can meet the first one. They enlarge the defining characteristic of religion and consider it as faith or ultimate concern. My second objection can hardly be met. Tillich and John Smith tried by means of the conception of ‘quasi-religion’. I have my reservations and agree, that in Tillich and in John Smith secular worldviews are reduced to a form of wrong religiosity or are labelled as nihilism. A generic view of religion is of little or no use for public debate in the contemporary secular culture. With Schleiermacher I hold that religion is an irreducible given and not merely a coincidence. In the interest of a peaceful coexistence in a pluralistic society one needs to seek a generic element to which all people can agree. That generic element is worldview. I mean worldview as an anthropological category. It expresses the integrating and unifying character of our experience. All people have such a worldview as human beings. What worldview – marxism, humanism or a fragmented general worldview – they actually have is a contingent matter. When I substitute the claim that worldview is generic for the generic conception of religion, I do not mean that it is a matter of indifference as to whether one has a religious or a secular worldview. That is why, finally, something needs to be said about further justification of religion. Following Schleiermacher this does not consist of proofs of God or of historical arguments. It concerns the explication of the rationality of faith experience. For a peaceful coexistence between people with different worldviews, mutual dialogue is indispensable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Cultural Transactions: Nature, Self, SocietyRoger SeamonCultural Transactions: Nature, Self, Society, by Paul Hernadi; ix & 156 pp. Ithaca: Cornell University Press, 1995, $27.50 paper.Thinkers have often found the world rather Gaulish—or, if you prefer, have carved it up to make it so. In Cultural Transactions Paul Hernadi starts from the premise that “We typically experience ourselves as objectively existing organisms, players of intersubjectively assigned and evaluated (...) roles, or as subjective selves” (p. 3), which correspond to the nature, society, and self of his subtitle. He then collects and creates triads which are meant to be homologous with the foundational trio. Some of these are traditional (truth, justice, beauty), others are cobbled out of folk psychology (desire with, desire that, desire for), some are taken from other thinkers (Martin Buber’s It, Thou, and I), but most are based on linguistic concepts. Thus, Hernadi sums up at one point by saying, “In the preceding sections I suggest that all discourse involves action, production, and signification, and that doing, making, and meaning tend respectively to predominate in speaking, writing, and thinking—the prime vehicles of communication, expression, and representation in our culture” (p. 28). The process culminates in the postulation of three triangles (discourse, awareness, and value) whose apices and sides constitute two triads. Each side is itself then divided into three, which makes for a total of five triads per triangle (pp. 111, 120, 130), to which we should add about twenty or so spelled out earlier. This is an argument by accumulation for a triadic human universe.Hernadi sees life (and Cultural Transactions is about nothing less) as a complex dance both within and between these cooperative triads: “Yet the natural domain of Its (to be individuated as such by one of Buber’s two Is) and the social domain of Buber’s I-Thou relations would not be what they are without self-conscious individuals who are able to pick out themselves as [George Herbert] Meadian Mes and other particulars as Its or Thous from what [End Page 535] thereby becomes someone’s natural and social environment” (p. 88). Again: “Consensus, coherence, and correspondence have sometimes been invoked as rival criteria of truth. From the present book, they should emerge rather as mutually supportive goals in our lifelong pursuit of interactive doing, self-expressive making, and world-oriented meaning” (p. 109). Sometimes the triads run parallel to each other, and at other times they are nested. Thus, the triad within beauty consists of Dionysian “world-absorbed engulfment” (nature), “ludic” imitation (the social dimension of art), and Apollonian “self-controlled detachment” (self) (pp. 130–31). In the next triad up, Beauty is parallel to self, goodness is the value analogous to society, and truth corresponds to the world.Some of the triads are indeed “quite clever” (p. 142) (Hernadi’s own phrase from a self-reflexive “Epilogue”), as when he writes, “Natural must gives way to social should only to make room, eventually, for personal may as well” (p. 99). This nicely captures our sense that freedom has degrees, but more often there are dubious appropriations and stretched similes. For example, Hernadi uses a mere pronoun to make his case for the possibility of a seamless blending of the three realms—“the ecumenical ‘we’ recombines the first-, second-, and third person perspectives of communication”—and he continues with a very unpersuasive simile—“just as a rapidly spinning top turns the three cardinal colors painted on it into the whitish hue of unrefracted light” (p. 75). This is not an argument, but the expression of a wish.Although each triad is meant to be homologous with the foundational trio, there are quite a few uncomfortable fits. For example, I don’t see how “being with” is the apex formed by truth and beauty, while “being of” comes between justice and beauty, and “being toward” belongs between beauty and truth (p. 130). There are also odd omissions. Hernadi rejects Freud’s id, ego, and superego as insufficiently fine-grained to capture our complex subjectivity (p. 90) (which they were never meant to do), but the parallel to his major triad of nature, self and society seems... (shrink)

Over the course of the past several decades, Kant scholars have made significant headway in showing that emotions play a more significant role in Kant's ethics than has traditionally been assumed. Closer attention has been paid to the Metaphysics of Morals (MS) where Kant provides important insights about the value of moral sentiments and the role they should play in our lives. One particularly important discussion occurs in sections 34 and 35 of the Doctrine of Virtue where Kant claims (...) we have a duty to use sympathetic feelings "as a means of promoting active and rational benevolence" (MS 6:457). Kant labels this the "duty of humanity," and he suggests that nature has implanted sympathetic feelings in us "to do what the representation of duty alone might not accomplish" (ibid.). Commentators have rightly highlighted these remarks as prime evidence that feelings do play a positive role in Kant's ethics after all. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ON LEO STRAUSS'S UNDERSTANDING OF THE NATURAL LAW THEORY OF THOMAS AQUINAS * DOUGLAS KRIES Gonzaga University Spokane, Washington IN COMPOSING the introduction to Natural Right and History in the early 1950's, Leo Strauss described the situation in American social science as a division between two parties : the modern liberals of one persuasion or another, who had largely abandoned natural right altogether, and the (...) students of Thomas Aquinas.1 Since the fundamental goal of that book was a recovery of the classical or pre-modern theory of natural right, one might have anticipated that Strauss's work would have been received enthusiastically by the latter group. If nothing else, Strauss and the Thomists were natural allies because they shared the same modern enemies: namely, historicism (the view that all human thought is confined to the immediate historical horizon of the thinker) and positivism (the view that human thought cannot make value judgments, but only judgments about observable matters of fact). Beyond that, Strauss explored very seriously the issues of reason and revelation.and of religion and politics-both of which are crucial for Thomistic political thought. Yet, despite such favorable auguries, a congenial affiliation of *The author wishes to acknowledge the helpful criticisms he received in the preparation of this manuscript from David Calhoun of the Philosophy Department at Gonzaga University. 1 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 2, 7. 215 216 DOUGLAS KRIES Straussians and Thomists was never formed.2 Many factors probably contributed to the losing of the opportunity,8 but presumably chief among them was the fact that, even though Strauss's view of Thomas was genuinely respectful, it was not unequivocally sympathetic. Strauss preferred classical natural right theory to modern natural right theory, and he came to the conclusion that Thomas's teaching on natural right-while certainly ' pre-modern ' 4-introduced novelties into the classical position which weakened it rather than improved it. The goal of this essay is to analyze Strauss's reservations about Thomas's statement of the problem of natural right. Such an analysis will, I hope, contribute to a more fruitful exchange between the students of Leo Strauss and those of Thomas Aquinas. I Perhaps the best way to initiate an explanation of Strauss's view of the differences between classical and Thomistic natural right is to contrast the starting points of the two theories. The classical approach begins with what is said about right, with the everyday opinions that are held about what is just. From such an immediate starting point the classical approach ascends toward true knowledge through the process of dialectics. Although all people have views about what is just, in fact such opinions, when examined through friendly disputation with a philosopher, are almost always found to be self-contradictory; however, the 2 This is not to suggest that Strauss was completely ignored and rejected by the Thomists. For an overview of the Thomistic literature which has considered Strauss, see James V. Schall, "Revelation, Reason and Politics: Catholic Reflexions on Strauss," Gregorianum 62 (1981), 349-365, 467-497. s See Ernest L. Fortin, "Rational Theologians and Irrational Philosophers: A Straussian Perspective," Interpretation 12 (1984), 349-350. 4 For Strauss, the fundamental division within the history of political philosophy was between the ancients and the moderns. He understood Thomas to be in the former camp and was critical of contemporary Thomists who, under pressure from the success of modern physics, had attempted to ' modernize ' Thomas by jettisoning his teleological view of nature. See Natural Right and History, pp. 7-8; What is Political Philosophy? (Westport, Connecticut: Greenwood Press, 1959), pp. 285-6. NATURAL LAW THEORY OF THOMAS AQUINAS 217 very fact that one comes to realize that contradiction and seeks to rectify it points to the fact that human beings realize that a more comprehensive, non-contradictory view might be possible. The contradictions thus force one to ascend beyond the opinions that are at best only partially true toward an ever more consistent view, a view based on nature; if such a process could reach culmination, the culmination would constitute a statement of what is right by nature.5 The starting... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Metaphysics of Creation. Aquinas's Natural Theology in Summa contra gentiles IIE.J. AshworthNorman Kretzmann. The Metaphysics of Creation. Aquinas's Natural Theology in Summa contra gentiles II. Oxford: Clarendon Press, 1999. Pp. xiii + 483. Cloth, $65.00.Thomas Aquinas is astounding not just for the richness, complexity and timeless interest of his thought, but for the sheer bulk of his works. The challenge this bulk (...) presents to commentators has been taken up in various ways. Some people focus on Aquinas's architectonic, giving a global overview of individual works in such terms as the neo-Platonic exitus-reditus schema; others focus on the interplay of faith and reason in his works by classifying Aquinas as a theologian, or a Christian philosopher, or a philosopher-theologian; still others try to organize his thought by bringing together thematically-linked discussions from a variety of places. All three approaches tend to overlook perhaps the most striking feature of Aquinas's writings: the continuous progression of carefully-formulated, detailed arguments and sub-arguments.In the second book of his uncompleted trilogy on Summa contra gentiles, Norman Kretzmann combines the best of the first two approaches to Aquinas with an impressive and largely successful attempt to come to terms with Aquinas as an arguer. He takes an ample selection of Aquinas's own arguments in their order of appearance in SCG II; he analyzes their premisses; he shows how they function in relation to earlier and later arguments; and he criticizes their weaknesses. He does all this in an elegant, lucid prose that ensures the attentive reader an enhanced understanding of the specific topics discussed by Aquinas. [End Page 434]To understand the full import of the arguments examined, however, we need to consider what Aquinas hopes to achieve by his sequences of arguments. While granting that Aquinas is a theologian, and that he intends his Summa contra gentiles to give a full account of what Christians believe, Kretzmann argues that the first three books of SCG present a fully-developed natural theology which can serve as guide and inspiration to thinkers today. The key to understanding Aquinas here is the recognition that the philosopher, particularly the metaphysician, is, or should be, concerned with the first principles and most ultimate aspects of reality. If it turns out, as most philosophers before the twentieth century have believed, that these first principles are divine, then truths taught by revelation can be integrated with truths arrived at by reason. Moreover, once the existence and nature of God have been established, or at least rendered plausible, one can take God as a starting point for the explanation of this-worldly phenomena, from the nature of the physical world to the nature of the human person. This explanation, while buttressed by references to Biblical revelation, will nonetheless be fully natural, insofar as it relies on arguments whose premisses are those available to any rational being independently of revelation.In his earlier book, The Metaphysics of Theism (Oxford, 1997) Kretzmann examined the start of Aquinas's natural theology, the movement from things around us to God. In The Metaphysics of Creation, finished just before his death, Kretzmann takes up the emergence of things from God. The book is divided into three unequal parts. First, there is a long discussion of Aquinas's view of creation, and the precise way in which the world is dependent upon God, its first cause. Particularly notable in this section is the discussion of Aquinas's view that creation is compatible with the notion of a beginningless world. The second, very brief, section takes up Aquinas's treatment of the emergence of different species, and his willingness to reject the kind of literal reading of Genesis espoused by contemporary creationists. The third and longest section takes up the nature of the human mind or soul. What makes this section particularly interesting is its emphasis on the implications of the top-down approach. If we start with the ideas that God is a pure intellect, and that immaterial substance is possible, then the mind-body problem becomes that of explaining how intellect can ever be closely related to matter, rather that... (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by (...) explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

I am writing on moral knowledge in Locke's Essay Concerning Human Understanding. There are two basic parts. In the first part, I articulate and attack a predominant interpretation of the Essay . This interpretation attributes to Locke the view that he did not write in the Essay anything that would be inconsistent with his early views in the Questions Concerning the Laws of Nature that there exists a single, ultimate, moral standard, i.e., the Law of Nature. (...) For example, John Colman, in his book John Locke's Moral Philosophy , argues that even though Locke explains in the Essay that we arbitrarily create our moral notions, they are still objective since they are bound together with the Law of Nature. Colman explains that the features of human nature relevant to the derivation of the Law of Nature are universally shared needs and concerns . I argue that this presupposes a view of Locke which assumes that there are essences of species independent of our beliefs about them. However, I attempt to show from the text of the Essay that this view cannot be supported. ;In the second part, I argue that the text of the Essay supports two alternative theses. The first is that given the kind of metaphysical world-view presupposed by the corpuscular method of science employed within the Essay, coupled with Locke's commitment to the possibility of moral knowledge, he was left with only one option with reference to ethics, viz., to make moral goodness or evil a mind-dependent relation between a rule and an action, instead of a property of an action or person which exists independently of our moral beliefs. This view is logically inconsistent with the existence of the Law of Nature. The second is that Locke has a semantical view of moral claims which is consistent with his relational view of moral goodness, viz., the primary function of moral judgments is to recommend behavior for ourselves and others. I described. However, Locke explains in the Essay that the opposite takes place with respect to our moral notions: events and persons must conform to the moral notion. ;On the account that I offer, Locke's views on moral epistemology are much closer to David Hume's than many have supposed, and correspondingly, anticipate the more skeptical views of moral epistemology in the twentieth century. (shrink)

Regardless of unpredictable and contingent geopolitical events such as last year’s surprising rejection of the European Constitution in France and the Netherlands, this coming year will certainly witness a large surge in patriotism. The Winter Olympics in February, and the World Cup in the summer, both promise to whip national sentiments into a fever pitch. One other thing is certain, though: journals of philosophy and ethics will continue to debate the virtues of cosmopolitanism, as this number of Ethical Perspectives does (...) through its contributions below.Why is this? Why do philosophers and academics hold on to this idea of cosmopolitanism, an idea utterly lacking in the convictions of the general public? Is it perhaps because the first cosmopolitans were in fact philosophers? The first to identify himself as a cosmopolitan was Diogenes the Cynic, and Plato’s dialogues paint many of the Sophists in cosmopolitan hues. Although people generally support the idea of internationalism as far as it promotes trade, travel, and football tournaments, once it begins to meddle in internal affairs, as it does with outsourcing and transnational constitutions, they tend to fall back upon the patria. They killed Socrates for corrupting the youth of Athens, not the youth of the world.Whether it is the service and manufacturing industries of Asia and India ‘stealing’ American jobs, or widespread fears of Brussels’ legendary bureaucrats, the non-academic public consistently turns from its tepid embrace of cosmopolitanism to patriotism whenever threatened. Are we too quick to label this as self-interest or even selfishness? Or is there something else at work in the debate between cosmopolitanism and patriotism? Some approaches to cosmopolitanism are certainly guilty of an absolute removal of difference, of wishing away the nation state, of replacing it with an international body based on purely universal principles, and of wiping away the competencies of nations on many levels. The call for the world state can come across as an appeal for an anodyne and internationalist homogeneity based on a clinical morality that, for all its sensitivity, runs roughshod over the well-engrained cultural, legal, and social beliefs of many peoples.Clearly, this is what many Europeans fear, and to a large degree, Americans as well in their dislike for the International Court of Justice. Even the economic hegemony of outsourcing removes national power, and replaces it with pure economic rationality.Our contributors below do not advocate these reductions, although some may point to them. Key to each contribution below is sensitivity to the world as it is, to its need for difference even in the face of an ever-increasing globalisation that sometimes is connected with cosmopolitanism. Yet, every proponent of cosmopolitanism must sketch how it is possible in practice. Of course, an obvious problem is how to dwell consequently as a cosmopolitan. Not many contemporary cosmopolitans would be prepared to follow Diogenes’ commitment to rootlessness: living in exile after having been included in a forgery conviction aimed at his father, the ascetic Diogenes called a barrel his home. Such was his drive to live a levelled life that he cast away his only bowl upon seeing a poor peasant boy drinking from cupped hands. Today’s cosmopolitan leads a much more prosaic life, and hence the problem with cosmopolitanism begins as something mundane. Does not a cosmopolitan still pay national taxes? Does not a cosmopolitan still need a national passport and second country visas? But, the questions quickly turn ontological: how can one shed oneself of one’s nationality, of one’s belonging, as if it is just an accident of one’s own constitution, instead of as an important property of one’s own constitution? In other words, belonging is important: a citizen of the world still values citizenship. Clearly, the absolute cosmopolitan reduction is an absurdity: one is always rooted, in some sense. Even cosmopolitanism is rooted in a specific Western mindset, and is no self-evident preference of human existence.As Rudi Visker’s contribution so clearly shows through an investigation of the narcissism of minor differences, these questions revolve around the question of confrontation with alterity. What I am, in no small way plays off what I am not. I cannot be everything, if I am something. Freud’s analysis of minor differences reveals that members of a group identify with that group on the basis these minor differences. What is self-evident to a particular culture marks that culture off from another culture, a culture that by definition does not share the same set of the self-evident. To be a foreigner, as any ex-patriot can attest, is to stand outside of the self-evident, whether this means interpreting gestures, understanding commercial practices, or, as Freud would have it, staying on the correct side of national taboos. There is thus a dialectic of inner and outer, a dialectic which refuses a reduction of one to the other. As Visker puts it, recognising the stranger within oneself is quite different than recognising the stranger outside of oneself, and to confuse these as being the same is not only to misunderstand the very issue at stake, it is also a dangerous trivialisation of difference.But clearly, there is something viable and laudable in the idea of cosmopolitanism, since it stresses the universal moral community of humanity. Cosmopolitanism is an attempt to see all human subjects as subject to the same moral law. Indeed, the sort of federation to which cosmopolitanism leads, at least in a modified Kantian expression as Bert van Roermund tells us, even gives us good grounds to recognise the legitimacy and moral equivalence of states. Importantly, the international legal order does not draw its power from any supranational force, but from the choice of independent national actors to recognise it. Hence, this cosmopolitan order depends on nationhood, and good standing within this order depends on the degree to which a country decides to participate. Again, the universal here depends on well-rooted particularity, a particularity able to choose for the universal.What do we do, then, with outlaw nations, those nations that are hostile to the choice for the universal? Through a clear reading of Hegel, Paul Cobben proposes that the metric for a state’s legality is the measure to which it permits the moral freedom of its citizens to bloom. A free person requires a free legal order; only in such can a person obtain the full measure of human rights due. States that do not permit this blooming are illegitimate; they contradict the nature of the human person, and citizens dwelling under the yoke of these have the right to ask for outside assistance in removing this illegitimate power above them. However, for this plea to be met, two conditions must obtain: the oppressed people must have the wherewithal to form a political order after the removal of the illegitimate state, and the action must be grounded in the principles and support of a legal community, which in essence would be a world federation of states. In fact, it is morally incumbent upon all legal states to aim at such a world federation, upon pain of contradiction.Our duty to others does not end with the politically oppressed; the economically oppressed also lay a moral claim upon us. So, as Toon Vandevelde asks in his contribution, what about the global poor? The poor are hungry and in need of shelter and a future, but to address these issues at the level of rights is in a way heartless: what good does it do to legislate that everyone has the right to food, when this right can never be called upon, or enforced, in any meaningful sense? Moreover, approaches that demand non-prioritised generosity not only ignore the fundamental economic fact of scarcity, they also run the risk of creating the moral hazard of dependence on charity. The true cosmopolitan approach is the recognition of our common humanity and of our concomitant duty to help others as far as this help does not endanger us. This duty is compounded by the marginalisation of the poor through globalisation, a globalisation that they did not ask for. The extent of our help is indeterminate, but its direction is clear: it must aim to integrate those poor who wish it within our international systems, and so to ease their own transitions from poverty.Both Gil Anidjar and Maria Bonnafous-Boucher continue this theme of economy, but each from a highly specific viewpoint. Indeed, their contributions are perhaps somewhat darker, delving into an aspect of the unspoken underneath the choice for the universal. Anidjar begins with the relation between religion and economy within the interplay of Judaism and Christianity, whereas Bonnafous-Boucher focuses on the development of political economy through a Foucaultian lens. Although highly distinct contributions, both share the insight that the economy is now the central theme of our power structures, and that economy, isolated from questions of morality or justice, must likewise play a decisive role within the structure of cosmopolitanism, or, at minimum, the political unity of peoples. For, national government long ago ceded to a promiscuous mix of governance, and religion to economy. This nexus enthrones governance as an economic rationale stripped of all other trappings, and inscribes any possible cosmopolitanism within a framework of an aggressive capitalism, a kind of economic theology, a kind of hegemony in which state boundaries are essentially liquefied. Capital, after all, knows no boundaries. (shrink)

If Kant's account of rights had continued the "early modern Natural Law tradition", basing rights on some notion of human flourishing, there would be no difficulty about including socio-economic rights for the needy in his theory. However, his division of moral philosophy into Rechtslehre and Tugendlehre limits Rechtspflichten to duties that a moral agent can be coerced to fulfill. If a state is to give the needy statutory rights, the justification for using coercion on its citizens cannot (...) be that they have a duty of virtue to assist the needy. In order to determine whether such a justification can be found, the one innate socio-economic right Kant admits, a child's right to be cared for and educated, is examined and found to be a right against its parents, not against the state. Kant does, however, hold that a state should establish institutions to provide for abandoned children and for the poor in general. His justification for a state's use of coercion with regard to such statutory rights is considered and a criterion is suggested for the possible consent of its non-virtuous citizens to proposed measures for assistance to the needy. It is suggested that if advocates of aid to the needy cannot justify their proposals by such a criterion they will have to provide a very different account of rights than Kant gives in his Rechtslehre , which is concerned with the moral permissibility of using coercion. Wenn Kants Lehre von den subjektiven Rechten nichts anderes wäre als eine Fortsetzung der "ihr vorangehenden modernen Naturrechtstradition" und die subjektiven Rechte infolgedessen auf das eine oder andere Konzept von menschlichem Wohlergehen gestützt hätte, dann wäre es nicht sonderlich schwierig, sozio-ökonomische Rechte für die Bedürftigen in diese Lehre einzubauen. Nun schränkt Kants Einteilung der Moralphilosophie in Rechtslehre und Tugendlehre den Begriff der Rechtspflicht allerdings auf diejenigen Pflichten ein, zu deren Erfüllung ein Mensch gezwungen werden kann. Deshalb kann, wenn ein Staat den Bedürftigen durch ein positives Gesetz irgendwelche Rechte auf Hilfe gewährt, die Rechtfertigung der Anwendung von staatlichem Zwang nicht darin gesucht werden, daß die dadurch in Anspruch genommenen Personen die Tugendpflicht haben, die Bedürftigen zu unterstützen. Um festzustellen, ob sich staatlicher Zwang in bezug auf solche Hilfspflichten überhaupt rechtfertigen läßt, erörtert der Beitrag das Recht des Kindes auf Fürsorge und Ausbildung als das eine und einzige angeborene sozio-ökonomische Recht, das Kant akzeptiert. Freilich ist das Recht des Kindes ein Recht gegen seine Eltern und nicht gegen den Staat. Gleichwohl nimmt Kant an, daß der Staat Einrichtungen schaffen sollte, die für verlassene Kinder und für die Armen im allgemeinen zu sorgen haben. Der Beitrag untersucht die Rechtfertigung, die Kant für die Anwendung von staatlichem Zwang zur Durchsetzung solcher positiv-gesetzlicher Rechte gibt, und arbeitet die Gründe dafür heraus, warum der nicht tugendhafte Staatsbürger in die vorgesehenen Hilfsmaßnahmen für die Bedürftigen einwilligen könnte. Wenn sich die Verfechter von Hilfsmaßnahmen für die Bedürftigen außerstande sehen, ihre Vorschläge auf Gründe dieser Art zu stützen, dann werden sie mit einem Konzept von subjektivem Recht aufwarten müssen, das sich von dem Konzept Kants von Recht und Rechtslehre , bei dem es allein um die moralische Erlaubtheit von Zwangsmaßnahmen geht, ganz erheblich unterscheidet. (shrink)

The stock of natural law has risen in recent years. It is partly due to growing dissatisfaction with the elucidations offered by the legal positivists, and partly because sceptical arguments have lost their edge. In the heyday of logical positivism it was easy to say ``I don't understand what you mean by `right' . . .'' and break off discussion without more ado; but, as the bounds of unintelligibility increased and came to encompass almost the whole of (...) class='Hi'>human knowledge, an inability to understand became not so much a boast as a confession. Many people may still be unclear about the metaphysical foundations of the moral sciences; but we are disinclined to doubt that they are serious disciplines, or to think that they need to be, or even could be, reconstructed without any moral element. Moreover, the events of this century have begun to penetrate the academic consciousness. Having witnessed the terrible tyrannies of the Nazis, the Communists and the Third World, we find it difficult to divorce our thinking about law from our thinking about morals. Although 'duty' is still an unfashionable word, people are constantly talking about the rights that are being denied them and the wrongs being inflicted on them. And these rights claimed and wrongs resented are grounded not on some existing legal enactment or a one-time social contract, but on the nature of man and the nature of the state, and are therefore, although very different from their mediaeval articulation, arguments of natural law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Our Original Barbarism":Man vs. Nature in Thomas Jefferson's Moral ExperienceMaurizio ValsaniaJefferson, perhaps more than any other early democratic theorist, recognized that the development of social institutions and government could not be left to chance or to the "Laws of Nature."1One of the most fundamental fact about Thomas Jefferson—maybe the fundamental fact about Thomas Jefferson—is that he was a white man, and a landholding white man at that. (...) Scholars of ethnicity in the last thirty years have spent an enormous amount of time analyzing what it has meant to be Indian, or African American, or Mexican American, or Asian American, but scholars of "mainstream" history have spent almost no time analyzing what it means to be "white"; whiteness, on the contrary, simply remains the norm by which the difference of the non whites is gauged. We are just beginning our exploration of whiteness, as a culturally and politically constructed phenomenon.2This paper presents Thomas Jefferson's moral attitudes from a particular point of view.3 The thesis I defend can be stated in a very schematic way. (1) In order to secure the new-born Republic the American "leader," according to [End Page 627] Jefferson, must struggle against enemies, against circumstances but mainly against nature. Nature is perhaps the most powerful symbol of the disorder white Americans have to conquer. (2) This struggle against nature reveals a deep ethical commitment. White men are praiseworthy to the extent that they keep fighting against disorder, nature, and circumstances. (3) Jefferson's optimism, or better, "meliorism," was aimed at promoting moral behavior, i.e., to incite his alter egos to struggle against adverse conditions. As to whether or not he was confident about the course of American history, I have staked no claims in this paper.4 (4) Jefferson's case for the struggle against nature is ethically coherent and leads to some interesting reflections on Jefferson's ideas about human nature and white Americans in particular.The notion of "human nature" in this paper refers to white Americans, namely, to the moral character, temperament, and ambitions of those leaders whose main burden, in Jefferson's opinion, should be to construct nineteenth-century America. This examination takes for granted that Jefferson neither worked out a systematic theory of human nature nor elaborated a specific theory of the essence of white Americans.5 Nevertheless, it is too much to say that Jefferson "did not work out his ideas in a logical way."6 His anthropological views were fairly coherent even though very difficult to disentangle. Jefferson, for instance, was neither an optimist nor a pessimist. Furthermore, he was not satisfied with a philosophical, simply "general," and a priori definition of a universal human nature. Jefferson placed human beings outside a metaphysical frame of reference. He placed them "within the sphere of nature, and in so doing [he] was a true exponent of the Enlightenment."7 Humans are merged into geographical, social, religious, economic, in short positive contexts and conditions. They appear as conditioned beings. On the other hand Jefferson was not exclusively involved in the examination of a physical or a posteriori anthropology in which humans are considered solely in the unique particularity of their races and habits.8Thomas Jefferson stood in the middle between the quest for a philosophical theory of human nature and a scientific examination of it. One thing is clear: he was not content with sweeping statements. Merle Curti noted, for example, "Jefferson's feelings about human nature's plasticity."9 This sense of "plasticity" suggests Jefferson's realism and complexity of vision. A philosopher and an [End Page 628] anthropologist, Jefferson was neither satisfied by a general definition nor by an optimistic portrait of human nature. He was against idealization, in particular when white Americans are at stake. Thus, this paper considers the terms in which Jefferson "questioned the cheery view of human nature that some enlightened thinkers celebrated."10 Must white Americans be celebrated? Must nature be celebrated?I. Thomas Jefferson was a strong supporter of social improvement. His involvement in educational, agrarian, commercial, scientific, geographic, and political projects shows several instances of his being an Enlightenment modernizer who... (shrink)

Philosophers, anthropologists and biologists have long puzzled over the question of human nature. It is also a question that Kant thought about deeply and returned to in many of his writings. In this lucid and wide-ranging introduction to Kant’s philosophy of human nature - which is essential for understanding his thought as a whole - Patrick R. Frierson assesses Kant’s theories and examines his critics. He begins by explaining how Kant articulates three ways of addressing the (...) question ‘what is the human being?’: the transcendental, the empirical, and the pragmatic. He then considers some of the great theorists of human nature who wrestle with Kant’s views, such as Hegel, Marx, Darwin, Nietzsche, and Freud; contemporary thinkers such as E.O.Wilson and Daniel Dennett, who have sought biological explanations of human nature; Thomas Kuhn, Michel Foucault, and Clifford Geertz, who emphasize the diversity of human beings in different times and places; and existentialist philosophers such as Sartre and Heidegger. He argues that whilst these approaches challenge and enrich Kant’s views in significant ways, all suffer from serious weaknesses that Kant’s anthropology can address. Taking a core insight of Kant’s - that human beings are fundamentally free but finite - he argues that it is the existentialists, particularly Sartre, who are the most direct heirs of his transcendental anthropology. The final part of the book is an extremely helpful overview of the work of contemporary philosophers, particularly Christine Korsgaard and Jürgen Habermas. Patrick R. Frierson explains how these philosophers engage with questions of naturalism, historicism, and existentialism while developing Kantian conceptions of the human being. Including chapter summaries and annotated further reading, What is the Human Being? is an outstanding introduction to some fundamental aspects of Kant’s thought and a judicious assessment of leading theories of human nature. It is essential reading for all students of Kant and the philosophy of human nature, as well as those in related disciplines such as anthropology, politics and sociology. (shrink)

Natural law theory founds moral judgments on what, given the nature of human beings and ever-present circumstances, enables people to live together in thriving communities. The cognitive features of moral judgments--the claims of literal truth for these judgments about these matters and the readiness to have the judgments stand or fall with the evidence for those claims come front and centre with this characterization of natural law theory. Both what is good for (...) class='Hi'>human beings and what it is right and wrong for them to do are matters of fact implied by what is required for their thriving; and so it is reasonable to hold that natural law theory is a variety of moral realism. So, if Hume is not a moral realist, he is not a natural law theorist. But I shall argue that Hume is not a moral realis; and this is what I shall undertake to do, in the course of establishing that he is a natural law theorist, indeed, a human nature natural law theorist. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What purpose is this (...) theory supposed to serve, or in what way do its proponents see it as an improvement on existing theories? First of all, it must be noted, as the variety of essays in this volume makes abundantly clear, that natural law theory, as it is presently conceived, most certainly does not represent anything like a unified, single theory of tightly knit principles and conclusions. In the present volume one can easily see a half-dozen or more different approaches to natural law theory. So different in tone and spirit are some of the essays that one can easily wonder if they have enough in common even to classify them as " family resemblances." But if they all in their different ways do indeed evidence, as the editor claims, an increased awareness of and interest in natural law theory, the question immediately arises, why this increased interest? What problems do the advocates of these theories hope to solve by them or what questions do they think their theories will better address than the theories currently in place? First of all, one may make a division which places the theories, however divers~ among themselves, into two general groups. The first of these groups wishes natural law theory to function as a general approach to morality. For this group natural law does the work of a moral theory. In this group I would place the essays of Joseph Boyle, Robert George, Russell Bittinger, John Finnis, and Hadley Arkes (probably). The second group uses natural law theory as a way of determining the connection between moral law and positive law or legal theory. The essays of Jeffrey Stout, Neil MacCormick, Jeremy Waldron, Michael Moore, Lloyd Weinreb, Joseph Raz, and Ernest Weinrib fall into this second category. In all there are twelve essays in this volume. Space will not permit me to give a detailed analysis and critique of each. At most I can only indicate very briefly some of their more salient features. The book is divided into four parts, the first of which is titled "Natural Law, Practical Reasoning and Morality." In the very illuminating first essay of this section, "Natural Law and the Ethics of Traditions," Joseph Boyle undertakes to clarify the question of the relation of natural law theory to tradition. Certain approaches to moral theory currently popular BOOK REVIEWS 147 which are called virtues ethics, of which Alasdair Macintyre would he an example, claim that natural law theory is tradition-dependent. If Macintyre and other virtues ethicists are correct, then since natural law theory is culture-hound, and since the culture in which it was horn and flourished, medieval culture, has irretrievably retreated into the pages of history, then natural law theory is equally dead, of interest, if at all, only in an antiquarian way. Boyle carefully points out that there is more than one sense of being tradition-dependent. It is true that natural law theory is tradition-dependent in the sense that it did indeed come into existence in a particular historic epoch and that its language and thought do indeed express the period of its flourishing, i.e. the medieval period. But this, Boyle is careful to point out, does not mean that its validity and meaning were exhausted with the end of that culture. Rather the tradition is a living tradition so that its rich resources can continue to be exploited as that tradition is enlarged by its application to present day moral problems. Boyle's conclusion then is that in some senses natural law is indeed dependent on an ancient and medieval tradition, hut not so totally dependent that it has lost all validity for contemporary moral theory. In the contribution by Robert George, "Natural Law and Human Nature," George tries to defend Germain Grisez's version of natural law... (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not (...) depend on our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Difference Divine Mercy Makes in Aquinas’s ExegesisMichael DauphinaisIN THEIR ESSAY, “Mercy in Aquinas: Help from the Commentatorial Tradition,”1 Romanus Cessario and Cajetan Cuddy have masterfully performed the task of presenting the rich and voluminous commentatorial tradition on Aquinas, distilled into central philosophical and theological themes. In particular they identify the “real distinction between act and potency (form and matter)” as “the key philosophical (...) principle” that created the “essential unity of their theological project.” This principle expresses the fundamental distinction between God and creation. Yet the prominence of this philosophical principle in Aquinas and his commentators raises a question: To what extent can a philosophical principle be prior to a theological project?2 Would not it be more faithful to the witness of Scripture and the creeds to begin with revealed theological principles and then adopt philosophical principles that fit within that theological worldview? [End Page 341]This way of approaching the problem reveals both a profound misunderstanding and a profound concern. First, nervousness over philosophical principles reveals a profound misunderstanding since human beings always remain within language and the world and thus the meaning of that language and its references to the world around us must necessarily be part of the reception and transmission of divine revelation. To avoid philosophical principles would be tantamount to adopting a philosophical principle of pluralism or eclecticism.3 Second, there is a legitimate concern that some philosophical principles or understandings of God and human beings could constrain the newness of divine revelation along the lines of a rationalistic deism as was attempted by Locke and others. This concern also takes the form of the desire to bring theology back to its central relationship with sacred Scripture, with the concern that a philosophically determined theological hermeneutics would distance theology from the world of biblical revelation.Aquinas’s presentation of theology, or sacra doctrina, as a scientia helps here by distinguishing between philosophical truths about God and human beings and philosophical principles by which human beings receive theological truths about God and human beings.4 Aquinas shows that the principles of the scientia of sacra doctrina are taken properly from divine revelation received by the faith.5 Thus, the principled understandings of God and the human creature come from revelation, not from natural reason or philosophy, by which only a few could come to know some truths, after a long time, with an admixture of error.6 Nonetheless, the human creature cannot but receive this revelation as true. As Aquinas says, the virtue of faith attains to God as the prima veritas. The judgment that something is true and not false presupposes the application [End Page 342] of philosophical principles about the nature of the human intellect and the nature of the intelligibility of that which the intellect apprehends. The key philosophical principles here would be, first, the principle of non-contradiction and, second, the real distinction between act and potency. The first is necessary for the human intellect to reach a true judgment; the second is necessary for that judgment to be a trustworthy judgment about a constantly changing world.7 By making this distinction between philosophical truths about God and human beings and philosophical principles by which human beings receive theological truths about God and human beings, the Thomistic tradition avoids the deistic rationalism that occludes the biblical revelation.Even if philosophical principles are necessary for the human reception of revelation, there remains the concern that emphasizing the philosophically laden superstructure of the theological project obscures or weakens the ability of the theological project to attend to the biblical witness and the existential situation of human beings. To address this concern, I want to examine Aquinas’s own practice of biblical interpretation as it applies to questions of God’s mercy. This examination will also consider how the philosophical principle of the distinction between God and his creation, highlighted by Cessario and Cuddy, illumines the biblical revelation. I will examine three occasions on which Aquinas speaks about mercy in its biblical context: first, his commentary on Ephesians 2:4, which describes God as “rich in mercy”; second, his commentary on Matthew 5:7, which speaks of “Blessed are the... (shrink)

As physicalisms of various kinds have faced difficulties in recent years, the time has come to explore possible alternatives, one of which is yinyang ontology. A yinyang theorist is expected to provide a plausible account of causation to replace the traditional notion of causation. The present paper is critical of the Humean tradition, which understands the relata of causal relations in terms of passive materiality so that humans use referential terms to describe causal relations constructively. But an alternative notion of (...) reference is available according to which causal relata are active processors of the information with which they interact. On this latter view, humans use referential language to describe the structure in which the relata interrelate themselves so that the structure can be understood hermeneutically. Reference on this view is naturalized. In this article I advance two arguments for this thesis, one concerning the informationality of states and the other related to the essentiality of properties. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Metaphysics of Theism: Aquinas’s Natural Theology inSumma contra gentiles I by Norman KretzmannJohn F. WippelNorman Kretzmann. The Metaphysics of Theism: Aquinas’s Natural Theology in Summa contra gentiles I. Oxford: Clarendon Press, 1997. Pp. xii + 302. Cloth, $45.00.In this book Kretzmann intends to contribute to our understanding of Aquinas’s natural theology as it is presented in Bk I of his Summa (...) contra gentiles(SCG). He hopes that it will be of value to medieval philosophical scholarship. Because he regards Aquinas’s natural theology as an ongoing active enterprise, he also wants to present a viable metaphysics of theism along the lines laid down by the medieval Doctor. Thomas himself indicates that in Bks. I–III of the four Books of this work he will set forth those aspects of Christian belief about God which can be established by unaided human reason. Kretzmann views Aquinas’s project in these three Books as the most promising and “most fully accomplished natural theology” of which he is aware.In ch. 1 Kretzmann discusses the relationship between philosophy and theology and suggests that a philosophical theology might be regarded as theology from the top down. Philosophy from the bottom up would seem to be the only kind of philosophy that can be distinguished from it. Kretzmann mentions the “philosophical theology” produced by many medieval theologians and by current philosophers of religion but, in a departure from Aquinas’s own terminology, regards this as a part of revealed theology. Kretzmann reserves the name “natural theology” for the theology that is a part of philosophy, and refers to it as theology from the bottom up. But, he suggests, if one were to take a metaphysically grounded natural theology as the first phase in a systematic presentation of the rest of philosophy, one could then refer to philosophy as proceeding from the top down, i.e., from an original demonstration of the existence of God and discussion of his nature to an examination of created reality and human nature and behavior as following from God as the first principle. It is this approach that he finds Thomas following in SCG I–III and which Kretzmann will subsequently refer to as his “natural theology.”In ch. 2 Kretzmann examines Thomas’s efforts in SCG I, c. 13 to demonstrate God’s existence. He thinks Aquinas is too demanding in requiring demonstrative argumentation for God’s existence at this point. For Rretzmann it will be enough initially to offer argumentation to show that the existence of God is an acceptable working hypothesis, and to move from this to an investigation of the divine nature. Thomas offers five a [End Page 528]posteriori arguments for God’s existence in c. 13, of which the first two, by far the lengthiest, are based on motion and deeply indebted to Aristotle. Kretzmann notes the close relationship between this first argument from motion and the later “first way” of Summa theologiae1, 2, 3. But because this argument has been ably analyzed and defended by Scott MacDonald, Kretzmann unfortunately bypasses it here and concentrates on the more complicated second argument. After submitting this to close analysis, he concludes that it has some fatal flaws which prevent it from being accepted as demonstrative.This result forces him in ch. 3 to move forward in his presentation of Thomas’s natural theology without having a conclusive argument for the existence of God or even of an extraordinary first being. But he is willing to use its conclusion, that there is an ultimate explanatory principle, as a working hypothesis, even though at this point he is not ready to identify this with even a hypothetically existing God. Instead, he will refer to it as “Alpha.” He follows Thomas’s employment of the way of negation in cc. 14–28 in removing a series of names that should not be predicated of God. As part of his effort in c. 15 to prove that God is eternal, Aquinas introduces a special argument based on the difference between possible (=corruptible) and necessary (=incorruptible) beings. Kretzman correctly takes this as in effect another argument for the existence of God... (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 this chapter, I investigate the metaphysical assumptions that medieval thinkers considered necessary in order to integrate the vegetative powers and processes into their conception of human beings as composed of a material body and an immaterial soul. My aim is to show that vegetative powers and processes are central to the late medieval debate on faculty psychology and on the unity or plurality of substantial forms. The chapter has two parts. First, I present three different accounts of (...) the ontological status of the vegetative powers in relation to the body and the soul, as found in Thomas Aquinas, William of Ockham, and John Buridan. All three maintain that the vegetative powers belong to the soul but disagree as to whether they are identical with it or somehow distinct from it, especially when the soul in question is immaterial. Second, I investigate how medieval thinkers accounted for the metaphysics behind the operations of the vegetative powers in human beings, who are endowed with immaterial souls, in particular when it comes to procreation and digestion. A pressing problem for the vegetative powers of human beings is how they can produce a new substance when this composite is supposed to include an immaterial soul which is not naturally generated. Regarding procreation, one can distinguish two different approaches: dispositional generation of material conditions and substantial generation of the body. A similar problem for human beings arises in nutrition and growth once this process is taken to be some kind of substantial change, namely, the corruption of food and the production of new parts of the living being. Two accounts can be distinguished: “transmateriation” of the matter of food into the nourished body and generation of parts of the body. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:152 BOOK REVIEWS with Weinrih's theory of formalism which Joseph Raz points out in his essay. One of the most serious of these deficiencies in my opinion is the role that is accorded to the judiciary. Weinrih's theory, as Raz shows, requires that when positive law is in conflict with the " form of law," positive law should he disregarded by the courts, and the courts in (...) these cases not only have the legal right to disregard the statutes of law hut even the moral duty to do so. To give such total discretionary power to the courts is certainly to offer an invitation impossible to re· sist, as the recent judicial history of the United States Supreme Court clearly shows, to autocratic and politically motivated judicial activism. The above remarks, inadequate as they are because of the constraints of space, may offer some indication of the rich diversity of natural law theories currently offering themselves for our consideration. Those interested in natural law theory either within the framework of moral theory, or legal theory, or both, will surely find that a careful reading of this volume will amply reward their efforts. St. John's University Jamaica, New York THOMAS A. FAY Metaphysics: An Outline of the History of Being. By MIECZYSLAW ALBERT KRAPIEC, O.P., translated by Theresa Sandok. New York: Peter Lang, 1991. Pp. 539. $69.95 (cloth). This volume is the second in Lang's Catholic Thought from Lublin series edited by Andrew Woznicki. Krapiec's work is a tour de force of Gilsonian Thomism as it founds metaphyscis upon a judgmental grasp of the act of existence in sensible things. The hook is unrelentingly Krapiec. Though there are abundant historical descriptions, there is a minimum of textual citation. Also, the reader can plainly see that Krapiec is intent upon presenting his understanding of metaphysics ad mentem Thomae. Three main parts comprise the hook. Part One is on the object of metaphysics-being as being (as existing). Part One contains the most crucial pages of the hook, viz., pp. 86-100. There Krapiec explains the attainment of this object. This portion is obviously the heart of the hook, and I will treat it in detail later. Part One also includes a lengthy exposition of the transcendentals. Part Two focuses on the structure of being and elaborates the following : act and potency, substance and accidents, matter and form, essence and existence, and the causes of being. There are two noteworthy points here. First, Krapiec's lengthy inclusion (pp. 313-374) of BOOK REVIEWS 153 matter and form within his metaphysics seems to have metaphysics swallowing up natural philosophy. One's misgivings are not assuaged by Krapiec's presentation of the division of the speculative sciences hack in his General Introduction. There the first degree of abstraction is no longer the home of natural philosophy hut the home of the modern humanistic and natural sciences (p. 28). The second degree harbors mathematics, while the third degree is home not only to metaphysics hut "philosophy" (pp. 28-9). The reader is left wondering what has happened to natural philosophy. I see no exigency' for Krapiec's metaphysics to eclipse natural philosophy. Moreover, for some Thomists, the move will create an unfortunate distraction from the good points of Krapiec's metaphysics. Second, by this reader's count, Krapiec presents no less than nine arguments for the real distinction between essence and existence. These arguments include the following: Aquinas's De Ente et Essentia argument that one can know what a phoenix is without knowing that one exists; the necessary character of existence as an essence vs. contingent realities; the monism of existence as an essence vs. the plurality of beings ; the infinity of existence as an essence vs. finite realities; and the reality of the potency/act distinction applied to essence-as·potency and existence-as-act. I cannot engage this involved topic in the short space of a review. I will say, however, that with Joseph Owens, I fail to see why a conceptual distinction between essence and existence is insufficient to deal with the above facts and problems. Underwriting my skepticism is the understanding that meanings can remain... (shrink)

This paper describes many connections between the wisdom literature of the Ancient Greeks and the work of contemporary scholars, intellectuals and professionals in many fields. Whether or not they use the word nous to refer to the highest power of the human soul, I show that their views converge on the existence of such a power. The paper begins with a brief summary of Greek educational texts, including Greek mythology, Homer, tragedy, and Plato’s dialogues, showing that (...) class='Hi'>they are designed to educate the power of mind. Usually without realizing it, many later schools of thought can be shown to come to conclusions that are consistent with the insights of one school of thought or cultural practice among the Ancient Greeks. Many other ancient cultures also had a holistic view of the cosmos, the human soul, and the best human life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ANALOGIES OF BEING IN ST. THOMAS AQUINAS RICHARD LEE New School for Social Research New York, New York IN HIS Commentary on the Sentences of Peter Lombard, Aquinas offers three modes of analogy.1 The three modes offered there are referred to, though not by the names given them, throughout his works. It remains a curious fact, however, that Aquinas varies his opinion as to (...) whether analogy of attribution or analogy of proportionality (sometimes referred to as analogy of proper proportionality as attribution is referred to in the literature as analogy of proportion) is the proper mode of analogical predication. In fact, as we shall see, Aquinas himself imports elements of the analogy of attribution into the analogy of proportionality. What needs to be investigated, then, is what characterizes these two modes of analogy; what makes them both analogy; why do they differ. Before understanding the specific nature of each form of analogy, however, one should understand why Aquinas appealed to analogy in the first place. Finally, one should attempt to grasp what the implications of each form of analogy are for Aquinas's metaphysical system and why he seems to favor the analogy of attribution over that of proportionality at crucial points in his thought. Why analogy? In general, one can say that Aquinas uses the concept of analogy (and that of proportionality) to solve two problems. On the one hand, the concept of analogy is used to argue that God does, 1 In I sent., 19. 5. 2, ad 1. 471 472 RICHARD LEE in fact, have knowledge of his creatures. The issue here is that the intellect knows in proportion to the thing known. However, God is infinite and if he knows anything finite he would know that thing in proportion to the created, finite thing. Since there is no proportion between finite and infinite, God cannot have any knowledge of his creatures.2 The element of knowledge, however, is not merely a preface to the discussion of the types of analogy. Aquinas argues that we can name a thing insofar as it is known.3 Since we have no concept of God (in his essence), we cannot name God, at least in the same way we name other things. On the other hand, Aquinas uses analogy to fill a metaphysical gap in his system. For he agrees with Pseudo-Dionysius and Maimonides that we cannot know God in his essence. Therefore, any names that we apply to God are not names which tell us anything about God. Aquinas is well aware that the God of revelation is not a God about whom one ought to speak. To say anything at all about God is already to say too much; it is already doomed to failure because of God one should not speak. However, this situation leaves Aquinas in a peculiar position. For he takes seriously the Aristotelian dictum that a thing is known only when its principles are known.4 If God is the principle, something must be known of him if anything is to be known at all. There must be some way to speak of God. Aquinas sees in analogy a middle ground between these two positions. For what he seeks is a mode of predication that lies between univocity and equivocity. In other words, he seeks a mode of predication that predicates the same thing in a different way of two (or more) things. In univocal predication the same term is applied according to the same ratio.5 Thus, the community 2 This is the issue, for example, in De Veritate, q. 8, a. 1, ad 6; De Veritate, q. 2, a.3, ad 4. 3 Cf. Summa Theologiae I, 13, 1, c. 4 For example, cf. Physics I, 1. 5 One is tempted to render ratio as " definition." However, it is not clear that definition is enough. Clearly, in univocal predication the definition must be the same (e.g., predicating animal of man and ox). But is it enough that only the definition is the same? Is there not some metaphysical element lack- THE ANALOGIF'.$ OF BEING 473 that applies to univocal predication is one of identity. The concept of animal... (shrink)

Human beings have a moral duty to intervene to prevent or to mitigate the suffering of free-living animals. This article focuses on that duty, particularly as it exists when an animal asks for help and when animals who need help are within the zone of a person’s ability and willingness to help. As such, people should be free to help if they choose to do so, unencumbered by legal restrictions that outlaw such conduct. However, federal and state (...) laws in the United States remain an obstacle, because they designate some activities that are necessary to help free-living animals as unlawful. Laws should not interfere with human beings’ benign interactions with nature and, in particular, people should be legally permitted to help free-living animals. People should actually assist the individual animals who want or need help, rather than trading individual assistance in favor of ecosystem “management,” policy concerns that favor expediency and budget limitations, or any other tangential issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:156 BOOK REVIEWS ject could never arrive at a viable metaphysics and shows effectively that Marechal's subject was never in isolation from the objects of sensation and thought. On the other side, he presents the PDM as an alternative to the soft theism of thinkers like Hans Kiing and as a promising approach in contemporary epistemological debates involving Thomas Kuhn, Richard Rorty, Joseph Margolis, and many others. The historians (...) of philosophy will have to take up the critique of Matteo and Marechal on the many figures which they survey in PDM and QA. No one writer can cover so much ground without raising the ire of the specialists in particular thinkers or epochs. I shall simply say that the overview is helpful and that Matteo deserves credit for putting Marechal's readings to the test of his own reading of the works at issue. QA presents and evaluates this history with remarkable brevity, a virtue which can have its vicious side. I found the brevity to be a particular problem in the handling of Kant and of Marechal. The Critique of Pure Reason and PDM are elaborate analyses of thought, and Matteo proceeds in such summary fashion towards the big conclusions that he does less than justice to these analyses. Being so summary turns out to be a problem in showing that PDM can escape the accusations of subjectivism and relativism made by its scholastic attackers and that it has a way around those problems in present-day controversies. I myself am a partisan of the epistemology and metaphysics Marechal and Matteo advocate, but I find many of my doubts about the project unresolved by its presentation in QA. My particular concerns here center on conceptual relativism and theistic objectivity, hut anyone who can resolve those doubts definitively will have done a monumental service not just for the reviewer but for humankind. Marechal himself had intended a sixth volume more straight-forwardly along the Aristotelian-Thomist line, something which bad health prevented. We should wish Matteo the good health to develop the ideas of PDM and QA at the greater length required to achieve fully the promise claimed for them in this fine book. MICHAEL J. KERLIN La Salle University Philadelphia, Pennsylvania The Priority of Prudence. By DANIEL MARK NELSON. University Park: Pennsylvania State University Press, 1992. Pp. ix + 164. $26.95 (cloth). In recent years, we have seen a number of attempts to recapture the natural law doctrines of Thomas Aquinas. This book is another such BOOK REVIEWS 157 attempt, and in it Nelson attempts to do two things. First, he tries to show that prudence is the most important of the virtues and is prior to nature in the process of determining the moral character of actions. Prudence is undoubtedly a highly important virtue because it is the train that carries the agent to the moral good and it must stay on track for the agent to realize fully the aims of morality. But it is not clear that it is prior to other virtues, or to nature itself, as Nelson contends, and a strong case can he made that charity is first among the virtues, and that prudence is determined by charity. Prudence is prior to the other virtues in the sense that they are all weakened by prudential failures, hut prudence wanders aimlessly, not only in the absence of the guidance of the other virtues, hut also without the guidance of nature itself. Cut loose from its secure grounds in nature, prudence and the other virtues collapse, and they need not only the secure standards provided by justice, fortitude, and charity, hut also of nature to he authentic. Second, he is trying to show that Aquinas is not so much a natural law moralist as he is a rationalist and a virtue theorist. To do this, he argues that nature serves merely an explanatory and foundational function for morality, and provides no information about moral judgments (p. 100). He subordinates nature to reason in order to resolve disputes between modern deontologists and consequentialists, hut in doing this he transforms Aquinas from a natural law moralist to a rationalist. He gives priority to reason at the... (shrink)

Empirical evidence from developmental psychology and anthropology points out that the human mind is predisposed to conceptualize the world in particular, species-specific ways. These cognitive predispositions lead to universal human commonsense views, often referred to as folk theories. Nevertheless, humans can transgress these views – i.e. they can contradict them with alternative descriptions, they perceive as more accurate – as exemplified in modern sciences. In this paper, I enquire about the cognitive faculties underlying such (...) transgressions. I claim that there are three faculties enabling us to part with these universal commonsense views of the world imposed by our nature. The first is our ability to represent representations – i.e. to form metarepresentations. The second is our ability to produce alternative representations both by explaining a familiar subject matter in terms of the principles governing different conceptual domains than the one that we are predisposed to apply to the subject matter and by directing our mind to new subject matters (for which we have no predisposed conceptual grasp), understanding them in terms of familiar domains. The third, finally, is our ability to give these representations an epistemic orientation. Key words: Human cognition, Domain-specific knowledge systems, Cognitive predispositions, Folk theories, Cognitive flexibility, Human – nonhuman distinction. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that (...) there are at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied (...) in the outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce (...) attack. One common line of attack is illustrated by the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential (...) class='Hi'>nature of things—making evil good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

This Element provides an account of Thomas Aquinas's moral philosophy that emphasizes the intrinsic connection between happiness and the human good, human virtue, and the precepts of practical reason. Human beings by nature have an end to which they are directed and concerning which they do not deliberate, namely happiness. Humans achieve this end by performing good human acts, which are produced by the intellect and the will, and perfected by the (...) relevant virtues. These virtuous acts require that the agent grasps the relevant moral principles and uses them in particular cases. (shrink)

"Perhaps more than any other scientist of our century, Edward O. Wilson has scrutinized animals in their natural settings, tweezing out the dynamics of their social organization, their relationship with their environments, and their behavior, not only for what it tells us about the animals themselves, but for what it can tell us about human nature and our own behavior. He has brought the fascinating and sometimes surprising results of these studies to general readers through a (...) remarkable collection of books, including The Diversity of Life, The Ants, On Human Nature, and Sociobiology. The grace and precision with which he writes of seemingly complex topics has earned him two Pulitzer prizes, and the admiration of scientists and general readers around the world.In Search of Nature presents for the first time a collection of the seminal short writings of Edward O. Wilson, addressing in brief and eminently readable form the themes that have actively engaged this remarkable intellect throughout his career.""The central theme of the essays is that wild nature and human nature are closely interwoven. I argue that the only way to make complete sense of either is by examining both closely and together as products of evolution.... Human behavior is seen not just as the product of recorded history, ten thousand years recent, but of deep history, the combined genetic and cultural changes that created humanity over hundreds of thousands of years. We need this longer view, I believe, not only to understand our species, but more firmly to secure its future.The book is composed of three sections. ""Animal Nature, Human Nature"" ranges from serpents to sharks to sociality in ants. It asks how and why the universal aversion to snakes might have evolved in humans and primates, marvels at the diversity of the world's 350 species of shark and how their adaptive success has affected our conception of the world, and admonishes us to ""be careful of little lives""-to see in the construction of insect social systems ""another grand experiment in evolution for our delectation.""The Patterns of Nature"" probes at the foundation of sociobiology, asking what is the underlying genetic basis of social behavior, and what that means for the future of the human species. Beginning with altruism and aggression, the two poles of behavior, these essays describe how science, like art, adds new information to the accumulated wisdom, establishing new patterns of explanation and inquiry. In ""The Bird of Paradise: The Hunter and the Poet,"" the analytic and synthetic impulses-exemplified in the sciences and the humanities-are called upon to give full definition to the human prospect.""Nature's Abundance"" celebrates biodiversity, explaining its fundamental importance to the continued existence of humanity. From ""The Little Things That Run the World""-invertebrate species that make life possible for everyone and everything else-to the emergent belief of many scientists in the human species' possible innate affinity for other living things, known as biophilia, Wilson sets forth clear and compelling reasons why humans should concern themselves with species loss. ""Is Humanity Suicidal?"" compares the environmentalist's view with that of the exemptionalist, who holds that since humankind is transcendent in intelligence and spirit, our species must have been released from the iron laws of ecology that bind all other species. Not without optimism, Wilson concludes that we are smart enough and have time enough to avoid an environmental catastrophe of civilization-threatening dimensions-if we are willing both to redirect our science and technology and to reconsider our self-image as a species.In Search of Nature is a lively and accessible introduction to the writings of one of the most brilliant scientists of the 20th century. Imaginatively illustrated by noted artist Laura Southworth, it is a book all readers will treasure.". (shrink)

In this study, Daniel Westberg offers readers an account of Aquinas’s ethics and the action theory that underlies it. Both friends and enemies of Aquinas have covered this subject matter before, but early commentators misunderstood central parts of Aquinas’s ethical theory, and they handed down their misinterpretations in traditions that continue into the present. Against the traditional view that Aquinas’s medieval Christian inheritance, with its focus on the will, and on grace and love, required (...) an action theory fundamentally different from Aristotle’s, Westberg shows that the core of Aquinas’s action theory is authentically Aristotelian. Aquinas is neither a natural law theorist nor a voluntarist, as he is commonly thought to be. Instead, he holds a complex yet plausible account of human action that gives a greater role to practical reason and prudence than commentators generally recognize. This central contention is important, for it counters centuries of misinterpretation, and Westberg argues effectively for it. For this reason, anyone with a serious interest in medieval ethics should read Westberg’s study. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Unibilitas: The Key to Bonaventure’s Understanding of Human NatureThomas M. Osborne Jr.Historians of medieval philosophy have sometimes described St. Bonaventure’s anthropology as dualist or Augustinian. The conventional story runs that the conservative Bonaventure was afraid of contemporary attempts to describe the rational soul as the substantial form of the corporeal body.1 Bonaventure’s relationship to two intellectual trends lends some support to this theory. First, Bonaventure, following Avicebron and (...) Alexander of Hales, believed in universal hylomorphism, holding that all substances, even the angels and human souls separated from the body, are comprised of matter and form.2 If the human soul apart from the body has its own matter, then in what [End Page 227] sense can the soul be the substantial form of corporeal matter? Second, followers of Bonaventure pointed to this difficulty when they held that the body has its own forma corporeitatis.3 It is not surprising that some historians have regarded Bonaventure as a strong dualist. If the soul is a substance apart from the body, then how can it be one substance with the body? Unibilitasis Bonaventure’s answer to this problem.Bonaventure himself is thoroughly aware that he might seem to regard the soul as a complete substance by itself when he describes it as a composition of form with spiritual matter. If the soul is a composition of form and matter, then it is a hoc aliquid and complete in itself. The soul united with the body could not combine into a third substance.4 I will argue that for Bonaventure unibility is this ability of the soul and body to be united as one substance.In the thirteenth century, unibility describes the ability of two different substances or dispositions to become one supposit.5 For example, Bonaventure and Thomas Aquinas use unibility to describe how Christ’s human nature and his divine nature can be one person. Moreover, John of Rupella, Thomas Aquinas, and Bonaventure use unibility to describe how the soul and the body form one substance. Most historians, like E. Gilson and E. Weber, have generally described unibility as the attempt to show how one human person can have both a substance which is spiritual and a different substance which is corporeal.6 Unibility is for them a concept which precedes the Thomistic discovery of the soul as the substantial form of the body. If this interpretation [End Page 228] were correct, then it would be difficult to see how Thomas Aquinas could retain the term. In fact, unibility has a variety of uses which depend upon the context of its appearance and the thought of the one who uses it.The unibility of the soul plays a far greater role in the thought of Bonaventure than it does in the thought of Thomas Aquinas. Bonaventure describes unibility as the specific difference between the angels and humans. Unlike Thomas, Bonaventure thinks that humans, like angels, have both a substantial form and spiritual matter. A human being differs from an angel in that a human’s form can also be the substantial form of a body. Since unibility lies at the heart of Bonaventure’s anthropology, it seems strange that it has not been more thoroughly examined and discussed.The four main sections of this paper roughly correspond to the different contexts in which Bonaventure uses unibility to describe a property of the human soul. The first section shows that unibility is the specific difference that distinguishes humans from angels in the genus of intellectual substances. Second, this difference between humans and angels will be elaborated to show how human souls, unlike angels, are not only movers of bodies, but also perfections of their own particular body. The third section argues that since the soul is the perfection of the body, it is also the one substantial form of the body. The fourth section touches on Bonaventure’s discussion of personhood to show that the human soul when separated from the body is not a person because it is not a fully individual substance. Since an angel is not unitable to a human body, it is unlike a human soul in that it does not need... (shrink)

We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also (...) torn by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)

The purpose of the article is to present an interpretation in the light of which one can read a characteristic aspect of the understanding of being in Presocratic philosophy. The starting point is to emphasize the idea of ​​a place within the etymology of the verb “be”: “to be” generally means ‘to be in the world’. Then the world is characterized as something _implicite_ existing (i.e. beyond the human mind) and having a “second plane”: order hidden behind (...) phenomena. Attempts to understand it were called investigations into the nature (of “things”), which meant the real foundation of the world and its active source – something that internally constitutes all sensual objects, providing building materials, structures and laws of development. Against this background (interpretive context), the understanding of being is defined as an element of nature – something identifiable in a distributive way and always in connection with (dependent) with self-contained nature. This element can be understood in two ways: as an object accessible to the senses taken together with the constituting nature, e.g. concrete tree, or the very internal nature, e.g. fire (Heraclitus) or four basic elements (Empedocles) from which sensual objects originate or consist. (shrink)

Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the (...) standpoint of catholics of socialism is reflected. Catholics displayed socialism as a system, which accumulated many distorted images about human nature, motivations of human behavior, society and its functionating. Considering the society being an organic totality of individuals, but not a faceless mass, and an individual being a personality having natural rights to be respected, but not considered as a little screw without any rights in the state machine, with whom any experiments may be performed, they disclosed Utopia of the idea, proposed by socialists, of the possibility of a perfect society creation by the only preliminarily arranged correct plan,. For this purpose to be achieved, they constructed a model of socialist economy and then destroyed it, demonstrating economical unefficiency of this system. In this manner, intellectuals warned Lithuania and its people about the destructiveness of the realization of such an experiment. In spite of criticism of socialism, some intellectuals, such as A. Maceina, S. Šultė and S. Šalkauskis, appeared to be rather respective to the new social ideas and did not distinguish any social economic system as the best and only one. They thought that all the world, including Lithuania, has to create a new social life and take as a base the progressive ideas of socialism and capitalism. According to the opinion of the catholics, the most reliable way to a safe sočiety and economical welfare passes through the cooperation of individuals and state’s duty to create right laws. Ideological spirit was the main obstacle for the intellectuals to recognize trends of socialism by their aims and methods. That is the reason, why socialism was identified as bolsevism. However, the expression of the intellectuals’ opinion about socialism, its ideological herritage and perspectives enriches the research of the Lithuanian legal phylosophical and political thought and allows to understand better the ideological development of socialism and to define its competence and limits of validity in the contemporary world. Valuable ideas may be fruitfully used in creating a democratic society, social state and the rule of law. (shrink)

According to the New Theory of Reference, proper names (and indexicals) and natural kind terms are semantically similar to each other but crucially different from definite descriptions and “ordinary” predicates, respectively. New Theorists say that a name, unlike a definite description, is a directly referential nondescriptional rigid designator, which refers “without a mediation of the content” and is not functional (i.e. lacks a Carnapian intension). Natural kind terms, such as ‘horse’ and ‘water’, are held to have similar (...) distinctions, in contrast to other predicates. However, the New Theory contains some problems related to reference, descriptionality, content and meaning. In view of these problems, it will be argued that the distinctive shared feature of proper names and natural kind terms, while technically corresponding to nonfunctionality, is to be explicated in terms of independence of possible worlds, rather than in terms of reference and content: natural kind terms are world-independent predicates, making “worldless” predications. Just as, say, ‘Elvis’ names Elvis even with respect to “Elvisless” worlds, or, rather, names Elvis independently of worlds, natural kind terms are in an important sense “worldless” as well: to talk about Elvis is to talk about him irrespective of moments of time and possible worlds, and is to talk about a human, also irrespective of moments and worlds, while it is not to talk about, say, a drug-addict irrespective of moments, nor about a singer irrespective of worlds. There is no genuinely timeless and worldless predication of the sort “Elvis is (was) bald”, but there is, it seems, such a predication “Elvis is (was) human”. This notion of independence of times and worlds is detached from those of descriptionality and content mediation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas’s Theory of Natural Law: An Analytic Reconstruction by Anthony J. LisskaV. Bradley LewisAnthony J. Lisska. Aquinas’s Theory of Natural Law: An Analytic Reconstruction. Oxford: Clarendon Press, 1996. Pp. xv + 320. Paper, $24.95.This volume aims to provide an explication of the natural law theory of St. Thomas Aquinas “consistent with the expectation of philosophers in the analytic tradition” (10–11, 17). (...) Accordingly, the author begins, in the first three chapters, by reviewing the recent history of Anglo-American metaethics, aligning himself broadly with those critics of analytic ethics like G. E. M. Anscombe, Alasdair MacIntyre, John Finnis, Martha Nussbaum, and Henry Veatch, who have argued for a recovery of Aristotelian moral theory, against varieties of intuitionism, non-cognitivism, and neo-Kantianism. Lisska’s principal objective is to present a reconstructed natural law theory based primarily on Aquinas’s discussion in questions 90–97 of the prima secundae of the Summa theologiae (a translation of these questions is appended to the book). This he offers mostly in the fourth, fifth and eighth chapters of the book. The sixth chapter is a critique of John Finnis’s account of natural law and the seventh is an exposition of the views of Henry [End Page 526] Veatch. The ninth chapter presents some suggestions on how the author’s account can illuminate controversies over the grounding of human rights, and the tenth is a brief conclusion.The three introductory chapters consist mainly of a review and endorsement of the critics of academic ethics since Moore’s Prıncipia Ethıca. Having accepted arguments for the inadequacy of modern ethics, Lisska argues for the recovery of Aquinas’s views which he sees as in fundamental continuity with Aristotelian ethics (84, 89, 100, 102–105, 108, 134–36). His central thesis is that natural law is a “second-order inquiry” based on a realist metaphysics of the human person as defined by a set of dispositional properties, the realization of which constitutes Aristotelian eudaimonia and Thomistic beatitudo (17, 104–106, 131–37, 152–55, 186, 195–201). Moreover, Lisska contends that Aristotelian “eudaimonism” constitutes an adequate account of moral obligation: what he calls, after Veatch, “obligatory teleology” (107–109, 121, 202–205, 235).At the core of Lisska’s account, then, is a metaphysical dispute that pits Aristotelian essentialism against modern reductionist ontology. This metaphysical core is separated from any theological implications in the fifth chapter (especially 119–23, 137) and Lisska reinforces his metaphysical thesis by appealing to Saul Kripke’s discussion of natural kinds and the early work of Hilary Putnam (97–99, 125, 206–209). Given the centrality of metaphysical argument, a critique of Finnis’s theory goes without saying, and Lisska devotes a chapter to it, adding another to expound Henry Veatch’s contrary view.While this book undertakes an important effort to recover a workable natural law theory—especially in its commendable stress on metaphysical questions—it is, as a whole, less satisfactory than it might have been. A good part of this owes to the book’s abstraction from historical questions. No sustained attention is devoted to the problems that accompanied the reception of Aristotle by Christian theologians, nor to the place of natural law in Aquinas’s overall understanding of morality. The former point is not so surprising, given the book’s analytic concerns; the latter, however, carries more serious theoretical implications. Why is it, for example, that natural law takes up so little space compared to the questions on happiness, human acts, and the habits and virtues in the prima secundae, not to mention the detailed treatments of the virtues and vices in the secunda secundae? Similarly, where Aquinas stresses that natural law as law is directed to the common good (Iallae 90.2), Lisska treats it mostly as a guide to “self-realization.”This issue suggests the tensions between Aristotle and Aquinas, tensions that seem to show themselves precisely in Aquinas’s discussion of the very notion of natural law, a notion that has no equivalent in Aristotle. This question hangs over Lisska’s brief treatment of obligation, in particular, since that concept is also lacking explicit treatment in... (shrink)

A number of writers have picked out the way knowledge in the human sciences reflexively alters the human subject as what separates these sciences from the natural sciences. Furthermore, they take this reflexivity to be a condition of moral existence. The article sympathetically examines this emphasis on reflexive processes, but it rejects the particular conclusion that the reflexive phenomenon enables us to demarcate the human sciences. The first sections analyse the different meanings that references (...) to reflexivity have in the psychological and social sciences, in philosophy and in material life, and they link these meanings to the post-positivist philosophy of the social sciences. The discussion considers the problems raised (most influentially in the human sciences by Foucault) by being reflexive about reflexivity itself. They put a large question mark against hopes for a revived philosophical anthropology. Whatever the philosophical arguments, however, there is clearly a reflexive practice in the humanities and human sciences which there is not in the natural sciences. This leads to the argument that there are different forms of knowledge for different purposes and that it may therefore be divergence of purpose, not reflexivity itself, that creates differences among the sciences. It is the fact and purpose of human self-reflection that marks out the human sciences. If this is so, then it explains why an apparently circumscribed question about the classification of knowledge turns out to be inseparable from ontological and moral questions about human identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 102-108 [Access article in PDF] Symposium IntroductionEric Katz's Nature As Subject Andrew Light Can and should we distinguish between nature and culture? The question has become a perennial one in environmental ethics, as well as in allied fields in environmental history, sociology, and politics. And just when we think it is settled—as many did after William Cronon's famous deconstruction of wilderness (...) in 1995—and it feels safe to go back into the metaphysical waters of environmental philosophy, such issues pop up again to send us running.What follows extends this debate in the context of Eric Katz's well-known work in environmental ethics. Brought together here are Katz and two critics sympathetic to his positions, Wayne Ouderkirk and Ned Hettinger. While the occasion for the exchange was the publication of Katz's book, Nature as Subject: Human Obligation and Natural Community (1997), which collects his papers from 1979 to 1996, the focus quickly became somewhat narrower, centering on possible problems with Katz's ontological dualism between natural and artifactual entities.Katz has exerted a strong influence on the development of environmental ethics, particularly through his persistent arguments for a distinction between individualist and holist approaches to obligations to the nonhuman natural world and his metaphysical and moral critique of attempts [End Page 102] by humans to create, repair, or restore nature. While these positions continue to be on display here, there is also something more. In this exchange Katz throws down the gauntlet on his nature-culture dualism, admitting at the start that the accusation is true. Like the Protestants in Monty Python's The Meaning of Life, he is a dualist—and fiercely proud of it! Despite whatever misgivings I or others may have about this position, I believe that in making this claim, Katz, similar to David Chalmers's open embrace and resuscitation of dualism in philosophy of mind, has done us a great service. For it is arguably true that many environmental philosophers, along with other academics, have settled into a complacent "labeling as argument" pattern. If we can label a position as "dualist" or "essentialist," then our work is done. But surely not every form of dualism is necessarily wrong, even if, as Ouderkirk reminds us in his reading of Val Plumwood's work, the logic of many forms of dualism has tended toward a pernicious pattern. Arguments are needed in both directions. If nature-culture dualism is mistaken or wrongheaded, or leads to unfortunate conclusions, then we must know why; if dualism is the only way to make sense of the hurdles presented to us in coming to a better understanding of the value of nature and culture then we must know why as well. And further, because many in the field have assumed a nature-culture dualism without admitting to it, we can admire that Katz chooses to "fess up" and finally put the issue squarely on the table.If this is the road we are heading down with this particular exchange, then we are off to a good start. Both critics of Katz do a thorough job of pressing home their arguments, rather than only pointing accusatory fingers. Ned Hettinger, in "The Problem of Finding a Positive Role for Humans in the Natural World," avoids using the term "dualism," but nonetheless argues that Katz has a tendency to "rigidly dichotomize the natural/artifactual distinction." Additionally, Hettinger argues that Katz tends to overlook his own admission that the differences between nature and artifacts admit to degrees rather than a strict dualism. Hettinger focuses the bulk of his critique on the unfortunate upshot of such a position: given such a distinction, there is little if any place for a positive role for human intervention in nature, or for a philosophical contribution to the formation of better environmental policies.Wayne Ouderkirk, in "Katz's Problematic Dualism and its 'Seismic' Effects on His Theory," is sympathetic with Katz's intuitions that some distinction is needed between artifacts and natural entities. The problem [End Page 103] he sees is that such... (shrink)