RésuméSelon le scepticisme anarchiste d'A. John Simmons, il n'y a pas d'obligation d'obéir à la loi dans l’état actuel des choses, car les obligations légales n'ont de légitimité que lorsqu'elles sont volontairement contractées par la plupart ou de nombreux citoyens. Cependant, la sensibilité de Simmons à la diversité des raisons et à la possibilité d'un conflit non résolu suggère une position alternative pluraliste. Celle-ci montre que les fondements de l'autorité légitime sont pluriels et incluent la justice distributive. En outre, même (...) les obligations contractées volontairement peuvent être annulées par des raisons contradictoires, comme lorsque nous sommes liés par le devoir à un régime injuste. (shrink)

As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...) Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

The number and the scale of transboundary public health concerns are increasing. Infectious and non-communicable diseases, international trade in tobacco, alcohol, and other dangerous products as well as the control of the safety of health services, pharmaceuticals, and food are merely a few examples of contemporary transnationalization of health concerns. The rapid development and diffusion of scientific and technological developments across national borders are creating new realms of international health concern, such as aspects of biomedical science, including human reproductive cloning, (...) germ-line therapy, and xenotransplantation, as well as environmental health problems, including climate change, biodiversity loss, and depletion of the ozone layer. Growth in international trade and travel, in combination with population growth, has served to increase the frequency and intensity of health concerns bypassing or spilling over sovereign boundaries.Although health has traditionally been seen an area of limited multilateral cooperation, there is growing awareness that contemporary globalization has led to the proliferation of cross border determinants of health status and is undermining the capacity of nation states to protect health through domestic action alone. (shrink)

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

Postmodernists reject what they call the universalist-rationalist framework of liberalism. When they do defend liberal democracy, they do so in a contextualist manner (within a ‘form of life’) and on the basis of contestation (‘agonism’). Liberals are right to charge postmodernism with self-contradiction, relativism, and immoralism. It is also argued in this article that liberalism and postmodernism are incompatible, and therefore, they cannot be joined together in response to the hegemonic construction of democratic debate. However, liberals are caught in a (...) bind as they insist on impartiality but also believe the exercise of virtue (reasonableness, mutual respect) is a requirement of rational dialogue. This article argues that perfectionism (objectivism) in value judgements is required both to insist that virtuousity is a requirement of rationality and to reject postmodernism. However, it must be possible to separate perfectionism from two features of Alasdair MacIntyre’s Aristotelianism: he is hostile to liberal rights and his contextualism results in relativism. (shrink)

Allyne L. Smith, Jr.; Personhood: Beginnings and Endings, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 6, Issue 1, 1 January 2000, Pa.

This article explores the values that should be promoted in civic education for democracy and also how the promotion of values can be non-coercive. It will be argued that civic education should promote the values of reasonableness, mutual respect and fairness, but also that only public, political reasons count in attempting to justify the content of civic education. It will also be argued that the content of civic education may legitimately be broader than this, including but not restricted to the (...) values of autonomy, integrity, magnanimity, truthfulness and generosity. At the same time, if civic education is seen merely as a means to shape and form future citizens, then the promotion of values in civic education will be a coercive imposition on children and young people. If the promotion of values instead is to be non-coercive it must be defended with reasons that children and young people should be able to accept. (shrink)

Why do we have obligations to the community to which we happen to belong? For communitarians, membership does more than provide the context for asking this question. In fact, the simple fact of membership goes some way towards justifying our obligations. According to the strong version of the communitarian thesis, membership is the fundamental consideration justifying political obligation; but for the weaker version, membership is one consideration among others and at times may be the less weighty one. John Horton's theory (...) of associative obligations can be read as moving back and forth between strong and weak communitarianism. His communitarianism is strong when he rejects value pluralism, arguing that one consideration, membership, is fundamental. However, Horton also advances claims that are compatible with not only the weak version of the communitarian thesis but also value pluralism. They suggest that, if membership is one reason among others to justify obligations, it is not fundamental as it can be defeated by other considerations. (shrink)

What do the victims of tyranny owe each other? In this paper, I examine whether they can be condemned for betraying their friends, and I do so through a novel interpretation of Judith Shklar’s political thought. Shklar is a widely acknowledged and significant influence on non-ideal theory and political realism. However, there is also a previously unnoticed transformation between her early and mature work, for although she remains a sceptic her approach to moral conflict changes from value pluralism to value (...) monism. In addition, it is only in her mature work, as a monist, she believes tyranny cancels obligations of justice. I argue here that Shklar’s monism fails, and this in turn has important implications for political realism and non-ideal theory. While attention has been focused on developing a sceptical critique of ideal theory, this interpretation of Shklar’s work illustrates that greater awareness is needed of the pitfalls of monist strands of scepticism. (shrink)

In recent debates surrounding World Health Organization reform, international lawmaking has received unprecedented attention as a future priority function of the Organization. Although WHO's constitutional lawmaking authority was historically neglected and even resisted by WHO and its Member States until the adoption of its first treaty a decade ago, the widespread consensus in favor of a central role for lawmaking in visions of a reformed WHO reflects the crystallization of contemporary approaches to global health governance. Today it is widely recognized (...) that the trends toward globalization that have restricted the capacity of sovereign states to protect health through unilateral action alone have made innovative mechanisms to promote global cooperation and coordination, including international lawmaking, an essential component of governance of public health. (shrink)

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (shrink)

Important medical advances over the last several decades have vastly improved the technical capacity to control human pain. Millions of patients suffering from cancer, HIV/AIDS, and other conditions have been able to find relief from incapacitating chronic and acute pain. However, despite these developments, pain remains severely under treated worldwide, particularly in developing countries. The tragic consequence is that for millions of people around the globe, excruciating pain is an inescapable reality of life.

Professional and popular publications have increasingly depicted native peoples of Amazonia as “natural” conservationists or as people with an innate “conservation ethic.” A few classic examples are cited repeatedly to advance this argument with the result that these cases tend to be generalized to all indigenous peoples. This paper explores the premise that many of these systems of resource conservation come from areas of Amazonia where human survival depends on careful management of the subsistence base and not from a culturally (...) imbedded “conservation ethic.” Where resource constraints do not pertain, as in the case of the Yuquí of lowland Bolivia, such patterns are unknown. Finally, the negative consequences of portraying all native peoples as natural conservationists is having some negative consequences in terms of current struggles to obtain indigenous land rights. (shrink)

An authoritative directive, when it has legitimacy, is a reason to exclude from consideration some of the reasons to act and not to act in this way. One is obliged to obey, even when one disagrees with the directive. Therefore, authority demands deference regarding how one acts, although one is free to think what one likes about that action. How can deference of this kind be compatible with freedom and rationality? That is the so-called moral problem of authority. For some, (...) authority has legitimacy in a deliberative democracy because deference to its rules better meets the demands of freedom and rationality. As I hope to show here, this line of thought does not give an adequate account of authority. If a directive is legitimate only if it has a certain content, as deliberative democrats are saying, one does not defer to but rather merely complies with such a directive. (shrink)

In recent literature on utopianism, in particular non-ideal and realist work, the distinction between scepticism and non-scepticism has been to the fore. The main concern of this article, in contra...

Given his commitment to toleration, Edmund Burke is rightly seen as a moral pluralist. What has largely gone unnoticed, however, is his value pluralism. Whereas moral pluralism refers to normative...

This essay surveys four recent theological works on the issue of personhood: John F. Crosby's The Selfhood of the Human Person, Stanley Rudman's Concepts of Person and Christian Ethics, Metropolitan Hierotheos Vlachos' The Person in the Orthodox Tradition, and James Walter's What is a Person? An Ethical Exploration.

The account in Part I of this essay posited two related but distinct sequences of development: of literary systems proper and of critical systems. Or, more simply, we must recognize that literary practices and systematic ideas about them develop in different ways. Today we can see in retrospect that lyric, narrative, and lyric-narrative or narrative-lyric begin literary cultures. Systematic ideas about literature develop, however, more by accident, what seems to be the result of conditions producing important critical minds at times (...) propitious for reflection. Any full account would have to consider such things as bipropertied conceptions. This has been mentioned before, but a specific example can be given here. Chinese wen designated not merely poetry but also prose historical writing: the fu established a kind of middle ground between them. In any event, such combinations, such bipropertied conceptions, do exist in very sophisticated times. Another matter of crucial importance involves the difference between the actual or descriptive existence of a literary variety and normative or valued critical consideration of a given kind. Various evidence shows that ancient Greece had lyrics as well as narrative, and preliterary Japan, narrative as well as lyrics. In the case of Greece, we tend today to think of narrative normatively as the early literature, although Plato and Aristotle lumped it with lyric and concerned themselves almost entirely with their crucial genre, drama. As for early Japan, the narrative was largely a possession of reciters, and so few heroic cycles are left from the nondominant peoples that narrative poetry is more a supposition that a presence. But there is in what remains from early times a mixture of lyric poetry with narrative prose. That combination did not prove crucial for a systematic poetics, although it is of utmost significance for later developments. It can hardly be said emphatically enough that the literary system comes first and the critical system after some interval. But the various complexities in different cultures are such that to get our bearings we may well consider the course of literary development in a single culture. Earl Miner is Townsend Martin, Class of 1917, Professor of English and Comparative Literature at Princeton University. "That Literature is a Kind of Knowledge," his previous contribution to Critical Inquiry, appeared in the Spring 1976 issue. His works include Literary Uses of Typology from the Middle Ages to the Present and Japanese Linked Poetry. Part I of the present essay appeared in the Winter 1978 issue of Critical Inquiry. (shrink)

A fresh translation of _quaestiones_ from the _Summa theologiae _of Thomas Aquinas, edited by Robert Miner. This volume provides direct access to the medieval theologian’s deepest thinking about the supreme goal of human life—blessedness—and the virtue most intimately related to this goal—charity. The edition also contains Aquinas’s treatment of charity’s effects—love, joy, peace, and mercy—and the vices opposed to them, such as hatred, envy, and war. Featuring five supplementary essays by noted Aquinas scholars, the volume will enable readers to (...) engage more thoroughly with the thought of Thomas Aquinas. (shrink)

Named for the famous Chinese minister of state, Guan Zhong, the Guanzi is one of the largest collections of ancient Chinese writings still in existence. With this volume, W. Allyn Rickett completes the first full translation of the Guanzi into English. This represents a truly monumental effort, as the Guanzi is a long and notoriously difficult work. It was compiled in its present form about 26 B.C. by the Han dynasty scholar Liu Xiang and the surviving text consists of (...) some seventy-six anonymous essays dating from the fifth century B.C. to the first century B.C.The forty-two chapters contained in this volume include several which present Daoist theories concerning self-cultivation and the relationship between the body and mind as well as the development of Huang-Lao political and economic thought. The "Dizi zhi" chapter provides one of the oldest discussions of education in China. The "Shui di" chapter refers to the circulation of blood some two thousand years before the discoveries of William Harvey in the West. Other chapters deal with various aspects of statecraft, Yin-Yang and Five Phases thought, folk beliefs, seasonal calendars, and farming. Perhaps the best-known chapters are those that deal with various methods of controlling and stimulating the economy. They constitute one of the world's earliest presentations of a quantity theory of money. Throughout the text, Rickett provides extensive notes. He also supplies an introduction to the volume and a comprehensive index. (shrink)

Genomics holds significant potential for conservationists, offering tools to monitor species risks, enhance conservation strategies, envision biodiverse futures, and advance climate justice. However, integrating genomics into conservation requires careful consideration of its impacts on biodiversity, the diversity of scientific researchers, and governance strategies for data usage. These factors must be balanced with the varied interests of affected communities and environmental concerns. We argue that conservationists should engage with diverse communities, particularly those historically marginalized and most vulnerable to climate change. This (...) inclusive approach can ensure that genomic technologies are applied ethically and effectively, aligning conservation efforts with broader social and environmental justice goals. Engaging diverse stakeholders will help guide responsible genomic integration, fostering equitable and sustainable conservation outcomes. (shrink)

What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

Bernard Williams’ critique of the morality system, as illustrated in his reading of Aeschylus’ Agamemnon, is intended to show both that real moral conflicts can arise, and that a moral obligation is merely one reason among others and can be defeated by the thick concepts of a shared ethical life. In response, I want to advance two lines of argument. First, when Williams argues that a moral obligation can be the locus of moral conflict, a further step is required to (...) explain why one should feel regret for not acting on a defeated reason. Second, Williams presupposes that, when a conflict is resolved, the conclusive reason will be a thick ethical concept, but there is no compelling justification for that assumption. (shrink)

Judith Shklar’s liberalism of fear, a political and philosophical standpoint that emerges in her mature work, has ostensibly two defining characteristics. It is a sceptical approach that puts cruelty first among the vices. For that reason, it is considered to be both set apart from mainstream liberalism, in particular the liberalism of J. S. Mill and John Rawls, but also an important source of influence for political realists and nonideal theorists. However, I argue here that, in putting cruelty first among (...) the vices, Shklar also offers a value monist approach to political thought, one that she shares with Mill and Rawls as well. Each claims to have identified the general rule for the resolution of moral conflicts, although they disagree about what that rule is. Therefore, Shklar’s mature work combines scepticism with value monism. As such, it represents a radical departure from the value pluralist approach to moral conflict evident in her early work. Her commentators have not noticed either her mature monism or the move away from her earlier value pluralism, and this is explained by a tendency to see her mature work as offering simply a sceptical alternative to mainstream liberalism. (shrink)

In modern democratic societies, the plurality of differing and conflicting moral doctrines stands alongside a commitment to resolve political disputes through the use of moral reasoning. Given the fact of moral pluralism, how can there be moral resolutions to political disputes? What type of moral reasoning is appropriate in the public sphere? These questions are explored through a close and critical analysis of the work of Alasdair MacIntyre and Rawls. In this book it is argued that the anti-Enlightenment work of (...) Alasdair MacIntyre, along with post-modernists, fails on epistemological, ethical, and political grounds, while in contrast, Rawls's 'core conception of reasonableness,' which is a type of political reasoning carried out 'in the manner of' the Enlightenment, is better placed to successfully respond to the moral disputes of contemporary politics. The practical application of these ideas is also explored in discussions of civic education and global distributive justice. (shrink)

This book is a historically informed and textually grounded study of the connections between Montaigne, the inventor of the essay, and Nietzsche, who thought of himself as an "attempter." In conversation with the Essais, Nietzsche developed key themes of his oeuvre: experimental scepticism, gay science, the quest for drives beneath consciousness, the free spirit, the affirmation of sexuality and the body, and the meaning of greatness. Robert Miner explores these connections in the context of Nietzsche's reverence for Montaigne-a reverence (...) he held for no other author-and asks what Montaigne would make of Nietzsche. The question arises from Nietzsche himself, who both celebrates Montaigne and includes him among a small number of authors to whose judgment he is prepared to submit.. (shrink)

Truth in the Making represents a sophisticated effort to map the complex relations between human knowledge and creative power, as reflected across more than half a millennium of philosophical enquiry. Showing the intimacy of this problematic to the work of Nicholas of Cusa, Bacon, Galileo, Descartes, Hobbes, Leibniz, Vico and David Lachterman, the book reveals how questions about creation apparently diluted by secularism in fact retain much of their potency today. If science could counterfeit or synthesize nature precisely from its (...) smallest nuts and bolts, as Descartes and Hobbes implied and as modern science increasingly suggests, would it create an identical world to that we live in now Robert C. Miner offers a precise genealogy of modern thought on truth and creation: from medieval theology's identification of human creativity with divine initiative to the radical Leibnizian contention that human ideas are 'not little copies of God's', and may at once exceed mimesis and produce things new, unpredictable and unseen. He considers how the theological importance given to creation interacts historically with the secularisation and instrumentalisation of modes of discovery and method, and asks how knowledge is understood between different disciplines, from the allegorical discipline of poetry to the constructible field of mathematics. The book is an eloquent reminder of the ways in which theology continues to fling a wild card at philosophical understandings of reality, countering theories of metaphysical equivalence of the 'real' and 'artificial' with theologies in which human making is always fallible, and strives only for approximate participation in divine truth. As a strenuous and informative breakdown of leading theories of knowledge, Truth in the Making shows the continuing influence of theological questions upon philosophical, scientific and aesthetic disciplines, whilst raising topical questions about the ultimate nature of our reality and our freedom to modify and define it. (shrink)

Background: In 2014, companies began covering the costs of egg freezing for their employees. The adoption of this benefit was highly contentious. Some argued that it offered women more reproductive...

The Summa Theologiae is Thomas Aquinas' undisputed masterwork, and it includes his thoughts on the elemental forces in human life. Feelings such as love, hatred, pleasure, pain, hope and despair were described by Aquinas as 'passions', representing the different ways in which happiness could be affected. But what causes the passions? What impact do they have on the person who suffers them? Can they be shaped and reshaped in order to better promote human flourishing? The aim of this book is (...) to provide a better understanding of Aquinas' account of the passions. It identifies the Aristotelian influences that lie at the heart of the Summa Theologiae, and it enters into a dialogue with contemporary thinking about the nature of emotion. The study argues that Aquinas' work is still important today, and shows why for Aquinas both the understanding and attainment of happiness requires prolonged reflection on the passions. (shrink)

Bowman-Smart et al. (2023) suggest that the current ethical frameworks used to evaluate the use of noninvasive prenatal technologies (e.g., NIPT) are inconsistent when used to analyze the ethics of...

Résumé Le problème moral de l'autorité peut s'exprimer ainsi : comment l'autorité, avec la déférence qu'elle implique, peut-elle être compatible avec la liberté et la rationalité? L'approche pluraliste sépare l'obligation politique de l'autorité. Pour les pluralistes, l'autorité est à la fois injustifiable et inutile, et donc l'obligation politique légitime, y compris le devoir d'obéir à la loi, n'implique pas de déférence. Je soutiens qu'il est possible de conserver l'engagement pluraliste envers des motifs de légitimité pluriels, tout en réfutant les objections (...) pluralistes à l'autorité. En conséquence, chaque fois que l'autorité a une légitimité, la question morale de l'autorité exigera une réponse. (shrink)