This is a compilation of extracts from instructive cases, as well as authoritative commentary, on the roles of language and ethics in law. The book touches on aspects of language and ethics, including professional responsibility, decision making, methods of perception, and concepts of reality.

The aim of this book is to lay bare the logical flaws in the arguments of those moral philosophers who believe they could make a positive contribution to moral thinking by means of linguistic analysis. By examining three contributions of Urmson, Hare and Toulmin the author shows that meta-ethics or ethics as a second-order activity is an ideal which is very difficult to attain, and if attainable at all would mean the end of ethics as a branch (...) of philosophy. (shrink)

This is the first work available in English which addresses Zhuangzi’s thought as a whole. It presents an interpretation of the Zhuangzi, a book in thirty-three chapters that is the most important collection of Daoist texts in early China. The author introduces a complex reading that shows the unity of Zhuangzi’s thought, in particular in his views of action, language, and ethics. By addressing methodological questions that arise in reading Zhuangzi, a hermeneutics is developed which makes understanding Zhuangzi’s (...) religious thought possible. A theoretical contribution to comparative philosophy and the cross-cultural study of religious traditions, the book serves as an introduction to Daoism for graduate students in religion, philosophy, and East Asian Studies. (shrink)

The author considers maimonides' ethics in the context of the following problem: how can concepts be transmitted from one language to a radically different language? he examines how maimonides conveyed as well as transformed key greek moral concepts within rabbinic hebrew, Which has no words to translate literally such terms as 'virtue,' 'passion,' 'happiness,' or even 'ethics.' the one word found to be indispensable is that for 'ethics' in the original greek sense, I.E., 'character traits.' (...) the author discusses in some detail the significance of the term 'de'ah' (character trait) developed by maimonides to refer to "ethics." the point is made that just as a word for "nature" is necessary before there can be natural science, A word for "character traits" is necessary before there can be ethics. (edited). (shrink)

For 15 years, former assistant football coach Jerry Sandusky used his Penn State University perquisites to lure young and fatherless boys by offering them special access to one of the most revered football programs in the country. He repeatedly used the football locker room as a space to groom, molest, and rape his victims. In February 2001, an eye-witness alerted Penn State’s top leaders that Sandusky was caught sexually assaulting a young boy in the showers. Instead of taking swift action (...) against Sandusky, leaders began a cover-up that is considered one of the worst scandals in sports history. While public outcry has focused on the leaders’ silence, we focus on the talk that occurred within the organization by key personnel. Drawing from court documents and internal investigative reports, we examine two euphemism clusters that unfolded in the scandal. The first cluster comprises reporting euphemisms, in which personnel used coded language to report the assault up the chain of command. The second cluster comprises responding euphemisms, in which Penn State’s top leaders relied on an innocuous, but patently false, interpretation of earlier euphemisms as a decision-making framework to chart their course of action. We use this case to demonstrate how euphemistic language impairs ethical decision-making, particularly by framing meaning and visibility of acts, encouraging mindless processing of moral considerations, and providing a shield against psychological and material consequences. Further, we argue that euphemism may serve as a disguised retort to critical upward communication in organizations. (shrink)

Suicide is devastating. It is an assault on our ideas of what living is about. In Contemplating Suicide Gavin Fairbairn takes fresh look at suicidal self harm. His view is distinctive in not emphasising external facts: the presence or absence of a corpse, along with evidence that the person who has become a corpse, intended to do so. It emphasises the intentions that the person had in acting, rather than the consequences that follow from those actions. Much of the book (...) is devoted to an attempt to construct a natural history of suicidal self harm and to examine some of the ethical issues that it raises. Fairbairn sets his philosophical reflections against a background of practical experience in the caring professions and uses a storytelling approach in offering a critique of the current language of self harm along with some new ways of thinking. Among other things he offers cogent reasons for abandoning the mindless use of terms such as attempted suicide and parasuicide , and introduces a number of new terms including cosmic roulette , which he uses to describe a family of human acts in which people gamble with their lives. By elaborating a richer model of suicidal self harm than most philosophers and most practitioners of caring professions currently inhabit, Fairbairn has contributed to the development of understanding in this area. Among other things a richer model and vocabulary may reduce the likelihood that those who come into contact with suicidal self harm, will believe that familiarity with the physical facts of the matter - the actions of the suicider and the presence or absence of a corpse - is always sufficient to justify a definite conclusion about the nature of the self harming act. (shrink)

Suicide is devastating. It is an assault on our ideas of what living is about. In Contemplating Suicide Gavin Fairbairn takes fresh look at suicidal self harm. His view is distinctive in not emphasising external facts: the presence or absence of a corpse, along with evidence that the person who has become a corpse, intended to do so. It emphasises the intentions that the person had in acting, rather than the consequences that follow from those actions. Much of the book (...) is devoted to an attempt to construct a natural history of suicidal self harm and to examine some of the ethical issues that it raises. Fairbairn sets his philosophical reflections against a background of practical experience in the caring professions and uses a storytelling approach in offering a critique of the current language of self harm along with some new ways of thinking. Among other things he offers cogent reasons for abandoning the mindless use of terms such as attempted suicide and parasuicide , and introduces a number of new terms including cosmic roulette , which he uses to describe a family of human acts in which people gamble with their lives. By elaborating a richer model of suicidal self harm than most philosophers and most practitioners of caring professions currently inhabit, Fairbairn has contributed to the development of understanding in this area. Among other things a richer model and vocabulary may reduce the likelihood that those who come into contact with suicidal self harm, will believe that familiarity with the physical facts of the matter - the actions of the suicider and the presence or absence of a corpse - is always sufficient to justify a definite conclusion about the nature of the self harming act. (shrink)

The A-theory of time states that there is an absolute fact of the matter about what events are, respectively, in the past, present and future. The B-theory says that all there is to temporality are the relations of earlier-than, later-than and simultaneous-with, and the past, present and future are merely relative.

This book maps out the lexico-conceptual articulation of Greene's narrative dramatization of ethical situations. This main aim issues from three working hypotheses: in the first place, a reduced set of terms such as peace, despair, pity or commitment have a striking lexical recurrence in Greene's texts. They are considered here as keywords that articulate his discourse at a conceptual level. In the second place, those keywords are invested with narrative potential. They have the capacity to generate narrative situations and developments. (...) In the third place, they articulate a particular narrative pattern. Such lexico-conceptual articulation is shaped mainly as ethical conflict dramatized in narrative form. Drawing on contemporary theories of community and ethics developed by Jean-Luc Nancy, Maurice Blanchot, J. Hillis Miller or Derek Attridge, this book sets out to explore a recurrent narrative pattern in Greene's work, emerging from his personal use of the language of ethics and community. (shrink)

Seeking new language for the Divine has encouraged Christian and Jewish feminists to explore other religious traditions which are richer in feminine language for God, and in some cases to borrow parts of what they find for their own use. However, these other religious traditions are often socially and politically less powerful, and borrowing their language and practice has ethical implications. Especially because the ethical dimensions of liturgy are bound up with theological issues, religious feminists have a (...) moral duty to consider these questions in which there are rarely if ever any easy answers. (shrink)

Meta-ethical discussions commonly distinguish 'subjectivism' from 'emotivism', or 'expressivism'. But Frank Jackson and Philip Pettit have argued that plausible assumptions in the philosophy of language entail that expressivism collapses into subjectivism. Though there have been responses to their argument, I think the responses have not adequately diagnosed the real weakness in it. I suggest my own diagnosis, and defend expressivism as a viable theory distinct from subjectivism.

Dramatization has been conceived by some Deleuze scholars as ‘dramatizing’ the mode of existence of a subject. This paper argues, on the contrary, dramatization involves the very creation of a viewpoint on the world. The ethical significance of dramatization is not the ability to ‘evaluate’ certain subjective modes of existence, but to produce ways of unfolding the world in which we do not ‘imprison’ others and in which multiple perspectives are allowed to unfold. Love is incapable of such a truly (...) ethical comportment, because the lover is always thrown back onto their own world, trapped within subjectivity, unable to see from two viewpoints at once. A world is most precisely a set of signs, a set of relationships between ‘things’ and ‘meanings’ ; therefore, in order to produce more ‘ethical’ worlds, worlds in which we do not ‘explicate’ or imprison ourselves and others too much, we must turn to art. Art is precisely a ‘unity’ in which multiple perspectives are allowed to unfold at their own rhythm. Language perfects this insofar as the creation of new modes of grammatical relation in writing is nothing more than the unification of a multiplicity of relationships between meaning and things. (shrink)

Autumn Fiester's “Neglected Ends: Clinical Ethics Consultation and the Prospects for Closure” (2015) demonstrates how a focus on recommendations in clinical ethics consultations (CECs) can fail to...

This volume focuses on the interrelatedness of morality and language. Apart from explicit ethical statements, implicit NT moral language is analysed in three overlapping aspects based on the interpretation of concrete NT texts: an intratextual level (linguistic and analytic philosophical methods: syntactical form, style and logic), an textual and intertextual level (form criticism, discourse analysis) and an extratextual level (speech act analysis; rhetoric; reader-response criticism). With reference to analytical moral philosophy, the contributions address questions such as: Where does (...) the ethical quality of a statement come from? Which linguistic devices are used to express ethics in the NT writings? In which way does the genre of the text influence its ethical meaning? Which pre- and intertexts are part of the ethical statements, in which way does the text refer to them? Which ethical impact did and do texts have on their readers? Which linguistic and rhetorical style is used to meet the addressees? Why do we consider a text powerful or polemic? Can we speak of an implicit ethical subject in the text from a literary perspective? (shrink)

on reproductive technologies and the OTA report, Infertility , both use "rights" language to advance quite different views of the same subject matter. The former focuses on the rights and welfare of the embryo, and the protection of the family, while the latter stresses the freedom and rights of couples. This essay uses the work of Alasdair Maclntyre and Jeffrey Stout to consider the different traditions grounding these definitions of rights. It is proposed that a potentially effective mediating (...) class='Hi'>language could be that of "human nature", and argued that donor methods raise more serious moral objections than homologous ones. Keywords: Infertility, Vatican, dualism, nature, Stout CiteULike Connotea Del.icio.us What's this? (shrink)

This book experiments with Nietzsche and Adorno who are contemporary proponents of early German Romanticism. By reconstructing the philosophies of language of these thinkers and their critique of metaphysics and identity thinking, this book develops a notion of philosophical praxis that is grounded in the ethical dimension of thinking.

Transcripts of papers presented at a national seminar sponsored by Indian Council of Philosophical Research.

Engaging with the work of Freud, Heidegger, Wittgenstein, and Derrida, this book reconceptualises the language divide between humans and animals within the context of animal ethics.

In clinical practice, and in the medical literature, severe congenital malformations such as trisomy 18, anencephaly, and renal agenesis are frequently referred to as ‘lethal’ or as ‘incompatible with life’. However, there is no agreement about a definition of lethal malformations, nor which conditions should be included in this category. Review of outcomes for malformations commonly designated ‘lethal’ reveals that prolonged survival is possible, even if rare. This article analyses the concept of lethal malformations and compares it to the problematic (...) concept of ‘futility’. We recommend avoiding the term ‘lethal’ and suggest that counseling should focus on salient prognostic features instead. For conditions with a high chance of early death or profound impairment in survivors despite treatment, perinatal and neonatal palliative care would be ethical. However, active obstetric and neonatal management, if desired, may also sometimes be appropriate. (shrink)

As observed by both western and Chinese scholars, despite the cultural and historical distance between them, the works of Confucius and J. L. Austin (together with other scholars of speech act theory) share similar views on the performative dimensions of language. Speech act theory underscores how utterances constitute actions instead of reporting inner mental states of the speakers, while Confucian texts also draw attention to the embeddedness of language in the wider contexts of personal affairs and social order. (...) In this article, we conduct a detailed comparison of the two to demonstrate that their views on language and communication, although sharing some important concerns, differ significantly in two main aspects: (1) The relationship between one’s ‘internal’ cultivation and ‘external’ behaviours; (2) The conceptualization of language and ethics. In conclusion, we discuss the implications of a Confucian outlook for the study of language and communication and point out some directions for future research. (shrink)

Bringing together ethnographic exposition with philosophical concepts and arguments and effectively transcending subdisciplinary boundaries between cultural and ...

This essay performs a comparative reading of the themes of language, otherness and subjectivity in the work of Emmanuel Levinas and Jacques Lacan. Their focuses on the place and role of an ethical subjectivity who is profoundly affected and displaced by the (non)presence of the absolute Other provide apt philosophical material for comparison and contrast. Through a close analysis of the important philosophical and psychoanalytic themes in Levinas’ early work Totality and Infinity and Lacan’s Seminar VII: The Ethics (...) of Psychoanalysis, I demonstrate how the different articulations of alterity in both influence their separate conceptions of the possibility of ethics in relation to decentered notions of subjectivity. In reading both, I argue that Lacan’s treatment of otherness and the eccentric nature of language provides a reimaging of certain gaps in Levinas. In return, I position Levinas as being able to provide a notion of ethical community that Lacan leaves out. (shrink)

I argue in this paper that Jim Mackenzie's critique of my recent work on religious and spiritual education fails on two main counts. First, his imputation to me of a confessional approach to religious education is simply misdirected, insofar as my previous papers are quite clearly concerned to sketch an alternative to both confessional and phenomenological approaches. Secondly, his attempt to reduce my ‘spiritual truths’ to moral and other claims turns on some question-begging decontextualisation of such judgements, as well as (...) upon demonstrable ambiguities in his use of the terms ‘moral’ and ‘soul’. In particular, I argue that the language of spirituality is indexed to an ‘ethics of redemption’ which is clearly distinguishable from any discourse of secular morality. (shrink)

A formidable and influential work, Language and Death sheds a highly original light on issues central to Continental philosophy, literary theory, deconstruction, hermeneutics, and speech-act theory. Focusing especially on the incompatible philosophical systems of Hegel and Heidegger within the space of negativity, Giorgio Agamben offers a rigorous reading of numerous philosophical and poetic works to examine how these issues have been traditionally explored. Agamben argues that the human being is not just “speaking” and “mortal” but irreducibly “social” and “ethical.” (...) Giorgio Agamben teaches philosophy at the Collège International de Philosophie in Paris and at the University of Macerata in Italy. He is the author of Means without End, Stanzas, and The Coming Community, all published by the University of Minnesota Press. Karen E. Pinkus is professor of French and Italian at the University of Southern California. Michael Hardt is professor of literature and romance studies at Duke University. (shrink)

Recently, a number of Anglo-American philosophers of very different sorts--pragmatists, metaphysicians, philosophers of language, philosophers of law, moral philosophers--have taken a reflective rather than merely recreational interest in literature. Does this literary turn mean that philosophy is coming to an end or merely down to earth? In this collection of essays, one of the most insightful of contemporary literary theorists investigates the intersection of literature and philosophy, analyzing the emerging preferences for practice over theory, particulars over universals, events over (...) structures, inhabitants over spectators, an ethics of responsibility over a morality of rules, and a desire for intimacy with the world instead of simply a disengaged knowledge of it. (shrink)

Thinking, Language, and Experience was first published in 1989.Hector-Neri Castañeda's intricate and provocative essays have been widely influential, especially his work in epistemology and ethics, and his theory on the relation of thought to action. The fourteen essays in Thinking, Language, and Experience -- half of them written expressly for this volume -- demonstrate the breadth and richness of his recent work on the unitary structure of human experience.A comprehensive, unified study of phenomena at the intersection between (...) experience, thinking, language, and reality, this book focuses on singular reference -- that is, reference to individuals insofar as they are thought of as individuals: indicators, quasi-indicators, proper names, singular descriptions. Castañeda establishes a large number of new facts -- linguistic, semantic, psychological, and sociological -- about the workings of language in human experience, and from them develops a network of new theories, all grounded in his comprehensive Guise Theory.These theories offer a systematic account for: the structure of human experience and the world at large; the mental powers required to think of the world and to undergo experiences; self-consciousness; the language for thinking of other minds; perception and the interaction between indexical reference and perceptual fields; and the role of subjectivity in perception and intentional action. (shrink)

1. Lying -- 2. The problem of what is said -- 3. What is said -- 4. Is lying worse than merely misleading? -- 5. Some interesting cases.

This paper takes up an underdeveloped argument of Charles Taylor that linguisticality is constitutive of moral agency. Taylor’s position is part of a set of contemporary arguments that language, especially as dialogue or discourse, is the normative framework which grounds or validates fundamental norms or values. Taylor’s contribution to this “dialogical turn” is substantial and innovative, but it is not without weakness. Rather than deal with all the issues involved in this dialogical turn, I argue just that language (...) does ground morality as a distinctively human way of creating meaning, that is, as Taylor argues, constitutive of the self and self-understanding. Self-understanding, or the appropriation of moral self-consciousness, is what is meant by the authenticity and autonomy which constitute moral authority. I argue in essence that language provides a necessary and constitutive link between private and public spheres of meaning in a way that renders moral discourse meaningful and constitutively human. (shrink)

A book on the problems of ethics from the perspective of language and meaning.

In this paper I argue that the influence of Lutheran and Calvinist theology on the philosophy of the seventeenth and eighteenth centuries is the reconception and consequent curtailment of the power and role of language in philosophical thought. Prior to this influence, ethics is the basis for pre-Reformation philosophy, in that it entails a basic teleological conception of human nature upon which other branches of philosophical thought are based. Thus the primary objective of pre-Reformation philosophy is the justification (...) of humanity, the laying out of how humanity might become right, complete, balanced, and just. What allows humanity to achieve its own good by seeking out the good in nature is language and the ability to wield it. The conclusion drawn is that philosophy prior to the Reformation is the justification of humanity as language. (shrink)

An examination of Smith’s Lectures on Rhetoric and Belles Lettres and The Theory of Moral Sentiments as complementary to one another and as refinements in earlier eighteenth-century revisions of rhetorical theory and moral philosophy. Smith’s scientific approach to language, rhetoric, and moral thinking emphasizes the improvement of the individual by exposure to stimulating works of art, literature, and spoken language, and encourages individuals to produce such works in order to provide examples to their fellows. Smith’s emphasis upon history (...) in all his works provides an example of his theory and practice of perspicuity and mutually beneficial social exchanges past and present. Smith’s recommendations to the historian, later seen as exemplary, led Dugald Stewart to refer to Smith’s histories and those of his contemporaries as speculative and conjectural vehicles for advancing the science of man. (shrink)

Language plays a central role in the life and activities of our world. This article is a theoretical analysis of the dynamic powers of language in driving possible value-based orientations in higher education. The multilingual nature of the continent of Africa and its bilateral lingual experiences during the colonial eras should be considered as both factual and impacting factors in evaluating language dynamics within value orientations and learning in the African case study. To this end, the article (...) attempts to contribute to the fact that there is a need to find or reinstate value in Africa’s linguistics dynamics and its complexities, as well as give them properly structured orientations within the new phase of repositioning Africa in the global spaces. (shrink)

In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Meta-ethical discussions commonly distinguish 'subjectivism' from 'emotivism', or 'expressivism'. But Frank Jackson and Philip Pettit have argued that plausible assumptions in the philosophy of language entail that expressivism collapses into subjectivism. Though there have been responses to their argument, I think the responses have not adequately diagnosed the real weakness in it. I suggest my own diagnosis, and defend expressivism as a viable theory distinct from subjectivism.

Theodor W. Adorno is best known for his contributions to aesthetics and social theory. Critics have always complained about the lack of a practical, political or ethical dimension to Adorno's philosophy. In this highly original contribution to the literature on Adorno, J. M. Bernstein offers the first attempt in any language to provide an account of the ethical theory latent in Adorno's writings. Bernstein relates Adorno's ethics to major trends in contemporary moral philosophy. He analyses the full range (...) of Adorno's major works, with a special focus on Dialectic of Enlightenment, Minima Moralia and Negative Dialectics. In developing his account Bernstein lays particular stress on Adorno's contention that the event of Auschwitz demands a new categorical imperative. This book will be widely acknowledged as the standard work on Adorno's ethics and as such will interest professionals and students of philosophy, political theory, sociology, history of ideas, art history and music. (shrink)

Workplace spirituality continues to receive attention, with research on ethical outcomes and other sorts of outcomes. The research has shown mixed results, which may be accounted for by difficulties of definition. This paper focusses on three issues in particular: definition of spirituality, the relationship between religion and spirituality, and the relationship between ethics and spirituality. Much research has built on early studies aiming to separate spirituality from religion, both at workplaces and in its definition. However, there are problems with (...) definitions that make outcome statements tautologous, and with empirical definitions that import notions such as “inner life” and “transcendence” that are metaphorical or rely on a background usage in religious practice. The paper considers relationships amongst ideas of spirituality, transcendence, religion and ethics, in the context of work organisations. Communication about transcendence may require the sort of symbolism found in religious practice and communal religious traditions, rather than in the language of natural science. If so, it is necessary to question the separation of workplace spirituality from religion. As a form of “privatised religion”, workplace spirituality can be an example of individualisation at work. Separating spirituality from communal tradition also separates it from associated ethical principles that may conflict with organisational demands. Concerns about religion in the workplace can be met by humanistic management that supports respectful dialogue, accepting individuals’ spiritual, religious and ethical commitments. (shrink)