We are able to participate in countless different sorts of social practice. This indefinite set of capacities must be explainable in terms of a finite stock of capacities. This paper compares and contrasts two different explanations. A standard decomposition of the capacity to participate in social practices goes something like this: the interpreter arrives on the scene with a stock of generic practice-types. He looks at the current scene to fill-in the current tokens of these types. He looks at the (...) current state of these practice tokens to see what actions are available to him. He uses his current desires to choose between these various possible actions. I argue that this standard explanation is defective, drawing on arguments by Searle and Wittgenstein and Garfinkel. I propose an alternative explanation, in which the participants must continually show each other the state of the scene in order to maintain the scene’s intelligibility. I provide a simple formal language in which to describe this alternative approach, in which we can state quite precisely what someone is doing when they participate in a practice. This language is related to both deontic and epistemic logics, but it is much simpler – it does not include the classic propositional connectives, and it is driven by a very different set of assumptions. The inspirations for this formal language are Searle’s analysis of directions of fit, Wittgenstein’s remarks on rule-following and Garfinkel’s ethnomethodology. (shrink)

In this article, I articulate and defend an account of corporations motivated by John Searle’s discussion of them in his Making the Social World. According to this account, corporations are abstract entities that are the products of status function Declarations. They are also connected with, though not reducible to, various people and certain of the power relations among them. Moreover, these connections are responsible for corporations having features that stereotypical abstract entities lack (e.g., the abilities to take (...) actions and make profits). (shrink)

In this article, I articulate and defend an account of corporations motivated by John Searle’s discussion of them in his Making the Social World. According to this account, corporations are abstract entities that are the products of status function Declarations. They are also connected with, though not reducible to, various people and certain of the power relations among them. Moreover, these connections are responsible for corporations having features that stereotypical abstract entities lack (e.g., the abilities to take (...) actions and make profits). (shrink)

Irving Singer has defended the thesis that the "fine gold thread" of love, its sine qua non, is the bestowal of value by the lover on the beloved, even in those cases where the love itself is grounded in a positive appraisal of the beloved's attributes. He suggests that bestowal is a matter of elevating the importance of the beloved and his or her needs and interests above their appraised merit. I argue that love's bestowal is principally effected through speech (...) acts of the kind that John Searle refers to as _Status Function Declarations_, the very same linguistic mechanism by which, according to him, all of social or institutional reality is created. On this picture, the roles of lover and beloved are shown to be status functions constituted by a deontology that delineates the partiality of the former towards the latter. (shrink)

Editors have increasing pressure as scholarly publishing tries to shore up trust and reassure academics and the public that traditional peer review is robust, fail-safe, and corrective. Hidden conflicts of interest may skew the fairness of the publishing process because they could allow the status of personal or professional relationships to positively influence the outcome of peer review or reduce the processing period of this process. Not all authors have such privileged relationships. In academic journals, editors usually have very (...) specialized skills and are selected as agents of trust, entrusted with the responsibility of serving as quality control gate-keepers during peer review. In many cases, editors form extensive networks, either with other professionals, industry, academic bodies, journals, or publishers. Such networks and relationships may influence their decisions or even their subjectivity towards a set of submitting authors, paper, or institute, ultimately influencing the peer review process. These positions and relationships are not simply aspects of a curriculum, they are potential COIs. Thus, on the editorial board of all academic journals, editors should carry a COI statement that reflects their past history, as well as actual relationships and positions that they have, as these may influence their editorial functions. (shrink)

Saying so can make it so, J. L. Austin taught us long ago. Famously, John Searle has developed this Austinian insight in an account of the construction of institutional reality. Searle maintains that so-called Status Function Declarations, allegedly having a “double direction of fit”, synchronically create worldly institutional facts, corresponding to the propositional content of the declarations. I argue that Searle’s account of the making of institutional reality is in tension with the special theory of relativity—irrespective (...) of whether the account is interpreted as involving causal generation or non-causal grounding of worldly institutional facts—and should be replaced by a more modest theory which interprets the results of Status Function Declarations in terms of mere Cambridge change and institutional truth. I end the paper by indicating the import of this more modest theory for theorizing about the causal potency of institutional phenomena generated by declarations. (shrink)

Facts such as the fact that Donald Trump is the US president or the fact that Germany won the 2014 world cup final are commonly referred to as “institutional facts” (“IFF”). I advocate the view that the nature of these facts is comparatively simple: they are facts that exist by virtue of collective recognition (CR), where CR can be direct or indirect. The leading account of IFF, that of John Searle, basically conforms with this definition. However, in his writings Searle (...) has considered or defended several other conditions as potentially necessary for the existence of IFF. In particular, he has considered whether (a) IFF necessarily involve deontic powers, (b) IFF are necessarily so-called “status functions”, (c) IFF require speech acts of Declaring for their existence, (d) IFF require language for their existence. Each of these considerations, if valid, would seem to render the nature of IFF less simple. In this paper, I argue that none of these considerations stand up to scrutiny. Being unaware of any other serious considerations of this kind, I conclude that the nature of IFF is simple as captured by my definition. There is a respect, however, in which my view is possibly less simple than Searle’s, for he suggests that CR is always direct, and never indirect. I reject this suggestion. Indeed, I think that most of the facts existing by virtue of CR exist by virtue of indirect CR. Some authors have (or at least might be construed as having) objected that CR is not even necessary for the existence of IFF. I argue that the account defended here is immune to these objections. (shrink)

Hindriks argued that Searle’s theory of institutions suffers from a number of problems pertaining to the notions of constitutive rule, status function, Status Function Declaration, deontic power, and human right. Lobo argues that these criticisms are not sufficiently charitable. In response, it is argued here that the problems that were identified earlier are sufficiently severe to call for substantial revisions of the theory.

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive (...) rules as being primarily a linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

The basic elements in the ontology of human civilization are status functions. Those are functions that can be performed not in virtue of physical structure alone but only in virtue of collective acceptance by the community of a certain status. Money, property, government and marriage are all examples of status functions. Status functions are all created by repeated applications of the same logical operation, in a preliminary formulation: X counts as Y in context C.On examination it (...) emerges that all status functions are created by a certain kind of representation that has a logical form of a speech act that I call a “Status Function Declaration.” These are explained.This lecture was delivered without notes and the current publication is very informal. I hope the reader will forgive the informality. (shrink)

The article reconstructs three key concepts of Hans Vaihinger: the idea of mental fictions as self-contradictory, provisory, conscious, and purposeful; the law of the devolution of ideas stating that an idea oscillates between dogma, hypothesis, or fiction; and the underlying assumption about human consciousness that the psyche constructs thoughts around perceptions like an oyster produces a pearl. In a second, constructive part, these concepts are applied in a discussion of John Searle’s social ontologically extended theory of speech acts. The article (...) introduces the Vaihingerian as-if to Searle’s account of declarations. The explanatory work in a model of social reality as Searle has proposed it rests on the ability to show a necessary connection between collective and individual intentionality facilitated through linguistic structure. The methodological individualism of the model requires that motivational assumptions about collective structures be realized in individual brains. The as-if stance of the declarer provides just this connection. (shrink)

This article is a response to Frank Hindriks’ “Restructuring Searle’s Making the Social World.”.

The large number of writers who have in recent years attacked the problem of the logical nature of commands appear generally in agreement in accepting the distinction of common grammar between imperative and declarative sentences as representing, albeit in no clear one-to-one manner, some real difference in the logical character of the two types of expression, and possibly in the psychological sign-functioning mechanism itself. The crucial logical difference adduced is that commands can apparently rot be classified as true or false. (...) One is then, however, confronted with the problem of interpreting arguments involving imperatives which appear syllogistic in form, such as:Keep your promises!You promised to pay on Wednesday.Pay on Wednesday! (shrink)

Je lui ai associÉ un court extrait d'une revue de questions portant sur le même thème. Implicit memory is revealed when previous experiences facilitate perf on a task that does not require conscious or intentional recollection of those expces. Explicit memory is revealed when perf on a task requires conscious recolelction of previous expces. Il s'agit de defs descriptives qui n'impliquent pas l'existence de deux systs de mÉmo sÉparÉs. Historiquement Descartes est le premier ˆ faire mention de phÉnomènes de mÉmo (...) implicites, Leibniz, Maine de Biran, Bergson en ont Également parlÉ. Korsakoff (1889) avec ses travaux sur les amnÉsiques montre qu'ils sont capables d'utiliser de l'info qu'ils ont acquises dans des Épisodes rÉcents sans pour autant manifester le moindre souvenir de l'Épisode. L'interprÉtation de ces phÉnomènes Était alors que ça renvoyait ˆ des traces en mÉmoire trop tÉnues pour accèder jusqu'au champ de la conscience. Cette interprÉtation va pouvoir être ÉcartÉe par les travaux rÉcents. Thorndike a Également conduit un nbre important de travaux sur MI. Les trauvaux un peu plus rÉcents ont montrÉ qu'un apprentissage antÉrieur pouvait faciliter une perfce sans qu'il y ait ref explicite à l'Épisode d'apprentissage. On a montrÉ aussi l'effet de stimuli subliminaux, qui en tant que tels ne peuvent pas être rappelÉs consciemment, mais qui influencent la conduite ou les jugts ultÉrieurs. Par ex, la prÉsentation de formes sur des temps très courts qui excluent la possibilitÉ d'une perception consciente influence significativement lechoix de formes dans une pÉreuve ultÉrieure de choix forcÉs où les sjts doivent indiquer la forme qu'il prÉfère entre deux. Ils choisissent prÉfÉrentiellement celles qui leur ont ÉtÉ prÉsentÉes de manière subliminale. De même Bargh et al. ont montrÉ que des sjts soumis de manière subliminale ˆ des mots hostiles portent ultÉrieurement des jugts plus nÉgatifs sur une personne target. Il ya Également eu des travaux sur l'apprsge ou le condt without awareness en particulier apprsge implicite de règles de grammaire (ie le sjt peut construire de nouvelles phrases conformes ˆ la syntaxe de celles qui lui ont ÉtÉ prÉsentÉes sans pour autant petre capables d'noncer les règles de grammaire qu'il utilise) Rem: N'est ce pas un pbe de typemÉtacognition??? Enfin, tous les travaux sur le priming sont des elts en faveur de MI: Facilitation in the processing of a stimulus as a function of a recent encounter with the same stimulus. Type de perfce sur lesquels les effets de priming ont ÉtÉ dÉmontrÉs: -T‰ches de dÉcision lexicale: Le sjt doit dire si la cha"ne de caractères qu'on lui prÉsente est un mot ou pas: Le temps de latence est beaucoup plus court si la cha"ne a dÉjˆ ÉtÉ prÉsentÉe une première fois. -Mesures de temps d'identification de mots en rpÉsentation tachitoscopiques -ComplÉmentation de mots: les sjts ont tendance ˆ complÉter pour crÉer les mots qui leur ont ÉtÉ prÉsentÉs antÉrieurement. L'intÉrêt pour le paradigme de priming se retouve chez les gens qui s'intÉressent ˆ: -reconnaissance de mots et organisation lexicale. les effets de priming permettent de faire des hyps sur l'accès lexical et la reprÉsentation. -M. Épisodique: travux sur les amnÉsiques qui ne se souviennent pas qu'on vient de leur prÉsenter des mots mais qui manifestent une mÉmoire implicite lorsqu'on leur fait faire de la complÉmentation de mots. DISSOCIATION ENTRE M.I. ET M EXPLICITE 1-Si de nombreux travaux montrent que la M explicite est influencÉe par le travail d'Élaboration (profondeur de traitement) en jeu pendant la première phase d'Étude des stimuli, il semble que la MI ne le soit pas. 2-Le changt de modalitÉ (par ex auditif -> visuel) entre la phase d'Étude et la phase de test provoque une attÉnuation importante de l'effet de priming si le test est un test de MI mais pas si c'est un test de ME. 3-Les effets de primings persistent assez largement sur plusieurs jours ce qui n'est pas le cas des perfces ˆ une Épreuve de reconnaissance. 4-Les perfces sur des tests de MI ne semblent pas influencÉes par des manipulations d'interfÉrences proactives ou rÉtroactives dont on sait qu'elles influencent les perfces en ME. 5-Absce de corrÉlation entre perfces ˆ des tests de reconnaissance et perfces ˆ une Épreuve de complÉmentation de mots. SIMILARITES ENTRE PRIMING ET REMEMBERING 1- A certaines conditions les durÉes de rÉtention on des effets parallèles sur les effets de priming et les mesures de ME (REm: en partie contradictoire avec 3 ci dessus) 2-La manipulation du contexte de la liste lors de la phase d'Étude affecte ˆ la fois les perfces en reconnaissance et en identification de mots. 3- ME et MI sont influencÉes par des associations nouvellement acquises entre des paires de mots non reliÉes (Rem: contradictoires avec 4 ci dessus ??) 4- Rem: Le contraire de 1 du pt "dissociation" !!!! dans une manip particulière 5-Johnston et al. ont montrÉ que des mots identifÉs plus rapidement Étaient plus svt jugÉs comme 'old' dans une t‰che de reconnaissance que les mots identifiÉs plus lentement. Il n'est pas exclu que les phÉnomènes que l'on interprètent comme relevant de MI soient parfois de la ME involontaire cad des cas o les cues fournis dans le test conduisent ˆ un souvenir involontaire mais totalement conscient. LES INTERPRETATIONS THEORIQUES DE MI 1-Les effets de priming sur des test de MI sont attribuables ˆ l'activation temporaires de reprÉsentations ou structures de K prÉ-existantes . Cette activation est supposÉe avoir lieu de manière automatique, indÉpendamment des processus d'Élaboration nÉcessaires pour Établir de nouvelles traces Épisodiques. 2- les difÉrences entre ME et MI sont dues ˆ la nature et aux relations entre les processus d'encodage et de rÉcupÉration. Une version de cette approche est celle qui s'appuie sur la distinction entre processus dirigÉs par les donnÉes et processus dirigÉs par les concepts. Ces derniers reflètent des activitÉs initiÉes par le sjt comme l'Élaboration, l'organisation et la reconstruction, c'est sur ce type de processus que reposerait la ME alors que la MI reposerait sur des processus data-driven. 3-ME et MI renvoient ˆ des systs sous jacents diffÉrents. Pour Cohen & Squire (1984), la ME est supportÉe par une M DECLARATIVE , syst qui est en jeu dans la formation de nouvelles reprÉsentations. La MI repose sur un syst PROCEDURAL dans lequel la M se manifeste par des modifications on line de procÉdures ou opÉrations de traitement. Le syst de M Épisodique est vu comme la base pour le souvenir explicite d'evts rÉcents tandis que la M sÉmantique est responsable des perfces sur des tests de MI. Chacune de ces approches est conforme ˆ certaines des donnÉes recueillies mais pas ˆ d'autres. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 83-105 [Access article in PDF] Does Malebranche Need Efficacious Ideas? The Cognitive Faculties, the Ontological Status of Ideas, and Human Attention Susan Peppers-Bates But whatever effort of mind I make, I cannot find an idea of force, efficacy, of power, save in the will of the infinitely perfect Being. Malebranche, Elucidation 15 One of the signatures of 17th century rationalists (...) is their replacement of the Scholastics's dependence on the deliverances of the senses with a dependence on the deliverances of the intellect as the key to gaining knowledge.1 Correct use of the intellect leading to freedom from the passions and to certain knowledge figures prominently in the works of Spinoza and Leibniz. Descartes's Meditations uses skeptical doubt to withdraw the mind from the senses, and his reliance on the meditative genre not only reveals to his readers the intellect as a distinct source of knowledge, but also trains them to use properly their will or faculty of judgment. Commentators have argued persuasively that overthrowing the sense-based epistemology and metaphysics of the Aristotelians depended on "discovering" the primacy of one's intellect over the senses, and using the deliverances of the mind to establish solid foundations for a new metaphysics and epistemology.2 Indeed, [End Page 83] outlining the proper use of the mind's faculties arguably lay at the basis of the Cartesian program in particular. This importance can be seen in Arnauld and Nicole's influential Port-Royal Logic, which aimed at training its readers in the proper use of the intellect.3Few would question Nicolas Malebranche's inclusion in the rationalist tradition.4 For while Malebranche famously takes ideas out of the Cartesian mind and transports them to God's—thus privileging the divine over the natural light—he shares Descartes's belief that our intellect, not our senses, holds the key to metaphysical truths such as the essence of matter, the mind-body distinction, and the existence of God.5 Yet, recently, Nicholas Jolley has contended that Malebranche's later commitment to "efficacious ideas" undermines his earlier belief in the power of the cognitive faculties: he believes that Malebranche abandons his view that the mind makes "real use" of the intellect to know intelligible objects.6 Jolley's position builds upon Alquié and Robinet's claims that around 1694-95 Malebranche moved from a vision "in" God to a vision "by" God. Now God's ideas act on and modify the soul with both sensations and intellectual concepts, rather than the human intellect contemplating ideas in the Divine Reason.7Alquié and Robinet argue that Malebranche, pushed by the battles with Arnauld and Régis over the status of ideas, introduced the language of "efficacious" ideas to explain how the union of the human and the divine mind is supposed to work.8 Robinet in particular suggests that in cashing out the metaphor of God enlightening human minds, Malebranche moved from a static "ontologist" view of idea-objects in God to an active "illuminationist" view whereby divine ideas cause(intellectual [End Page 84] and sensory) perception by modifying the soul.9 Once one accepts this view of the place and function of efficacious ideas in Malebranche's metaphysics, it seems natural to accept Jolley's declaration that the only way for the mind to apprehend ideas in God is if those ideas "act directly on the mind; [if] they thereby cause cognitive states to arise in a substance which is devoid of all genuine cognitive capacities of its own."10 Indeed, Jolley suggests that Malebranche ultimately made the soul passive in all its states, including its volitional ones.11In this paper, I argue that a strong interpretation of efficacious ideas, whereby they appear to become true causal agents, must be rejected precisely because it pushes us into an incorrect reading of Malebranche's theory of the divine and human faculties. Making ideas true causal agents within God privileges divine reason at the... (shrink)

The obligation of the legalization of entrepreneurial activity from Article 14 of The Act of July 2, 2004 on the freedom of entrepreneurial activity caused deliberations regarding constitutive or declarative character of the legalization entry and as a result, created a problem with indication of the moment when the public law status of an entrepreneur is acquired. The answer to the question whether Central Register and Information of Entrepreneurial Activity or the register of entrepreneurs of the National Court Register (...) have also the creation function incites many controversies and is subject to discussions, in the process of which two main standpoints were formed. It is also important to note that the resolution of the discussed issue not only holds scientific value, but above all, it has significant importance in practice. Therefore, it is necessary and even essential. Furthermore, it is typical for this issue that concerns related thereto and arguments raised during the discussion have their basis in the legislation in force and in fact, encapsulate the favoured path of its interpretation. (shrink)

This paper puts Searle’s social ontology together with an understanding of the human person as inclined openly toward the truth. Institutions and their deontology are constituted by collective Declarative beliefs, guaranteeing mind-world adequation. As this paper argues, often they are constituted also by collective Assertive beliefs that justify (rather than validate intrainstitutionally) institutional facts. A special type of Status Function-creating ‘Assertive Declarative’ belief is introduced, described, and used to shore up Searle’s account against two objections: that, as based (...) on collective acceptance, Searlean social ontology cannot make sense of dissenters, and that it, as its deontology is all game-like, implies a legal positivism and thus cannot make proper sense of the moral import of sociopolitical institutions. This change is necessary to deepen social ontology’s understanding of human societies and to accurately describe many social, religious, and political institutions as constituted from the perspectives of participants and dissidents. (shrink)

I begin by considering various leadership aetiologies, wherein someone comes to obtain the various rights and obligations associated with the status function of a leader. Searle imagines two possibilities. First, someone comes to be a leader by way of established (e.g. democratic) constitutive rules or procedures. Second, someone might simply be declared a leader if they already wield sufficient coercive, non-deontological power. The deontological power associated with the status function of a leader is different from the (...) antecedently existing coercive power in that the former works, not under the force of threat, but by way of the imposition of rights and obligations. I consider a third leadership aetiology based on charismatic power. The possibility of charismatic power, in turn, recommends a normative, aesthetic source that cannot be reduced to either deontological power or coercive power. I begin by looking, in Sections 1 and 2, at examples which gesture towards the plausibility of aesthetic norms as a constituent of some status functions. Using a largely Humean account of the aesthetic (Section 3) in Sections 4 and 5, I argue that aesthetic evaluations have the right formal properties to underlie a status function. In particular, they are suitably epistemically objective, and they can provide desire-independent reasons for action. Finally, in Section 6, I argue aesthetic norms that are necessarily unprincipled, decisively account for a class of status functions which resist articulation in terms of explicitly codified rights and obligations. (shrink)

This thesis examines the function of art in Nietzsche's philosophy. Its primary concern is with Nietzsche's turn to art as the means to counter what he terms metaphysics. Metaphysics is a metonym for the system of beliefs sustaining our culture whereby human judgements about the world are perceived as uncovering an objective truth antecedent to those judgements, with an implicit faith in the possibility of exhausting the totality of these antecedent truths. This thesis consequently has two principal strands. The (...) first is to analyse Nietzsche's criticism of metaphysics. The second is to explore the way in which, using a specific understanding of art, Nietzsche attempts to reconcile extreme scepticism towards all forms of human knowledge with a continued belief in their necessity. The thesis argues that Nietzsche lays an importance on art as providing an aesthetic education to replace the misguided theoretical orientation of metaphysics. Nietzsche criticises metaphysics for its inability to recognise that its interpretations are mere interpretations, that logic and the rational serve as means to make the world meaningful from the human perspective. My thesis explores how he sees art, and in particular the tragic, as constituting a mode of world interpretation which declares its status as such. I argue that for Nietzsche this is crucial inasmuch as a failure to recognise the contingency of our interpretations results in a refusal to give value in any interpretations. For Nietzsche the advent of the Modern age heralds the danger of such refusal, and hence I argue that his turn to art is a response to the specifically Modern temptation to descend into mere cynical Nihilism. (shrink)

This article revisits theologian Ulrich Duchrow’s three-decade-old use of the Protestant notion of status confessionis to denounce the capitalist global economy. Scholars quickly dismissed Duchrow’s argument; however, philosopher Thomas Pogge has developed a remarkable “negative duty”—based critique of the current global economic order that might help revitalize Duchrow’s position. The article argues that sound reasons exist for the churches to declare the contemporary world economy a—provisionally termed—status confessionis minor. After explaining the inadequacy of Duchrow’s original position and summarizing (...) Pogge’s account, the article develops a twofold argument. First, Pogge’s in-depth inquiry into the world economy gives Duchrow’s call for a status confessionis a strong yet narrowing economic foundation. Second, to declare the world economy a status confessionis minor is theological-ethically justifiable if the limited though indispensable “prophetic” significance of doing so is acknowledged. Thus, Duchrow’s approach is justified, but only partially. (shrink)

We argue that there is a variety of convention, effective coordinating agreement, that has not been adequately identified in the literature. Its distinctive feature is that it is a structure of conditional we-intentions of parties, unlike more familiar varieties of convention, which are structures of expectations and preferences or obligations. We argue that status functions constitutively involve this variety of convention, and that what is special about it explains, and gives precise content to the central feature of status (...) functions, namely, that objects with status functions can perform their functions only insofar as they have been collectively accepted as having them. (shrink)

For decades, physicians, philosophers, theologians, lawyers, and the public considered brain death a settled issue. However, a series of recent cases in which individuals were declared brain dead yet physiologically maintained for prolonged periods of time has challenged the status quo. This signals a need for deeper reflection and reexamination of the underlying philosophical, scientific, and clinical issues at stake in defining death. In this paper, I consider four levels of philosophical inquiry regarding death: the ontological basis, actual states (...) of affairs, epistemological standards, and clinical criteria for brain death. I outline several candidates for the states of affairs that may constitute death, arguing that we should strive for a single, unified ontological definition of death as a loss of integrated functioning as a unified organism, while acknowledging that two states of affairs may satisfy this concept. I argue that the clinical criteria for determining whole-brain death should be bolstered to meet the epistemic demand of sufficient certainty in defining death by adding indicators of cerebro-somatic dis-integration to the traditional triad of loss of consciousness, loss of brainstem function, and absence of confounding explanations. (shrink)

Neodarwinian ethology, today above all represented by sociobiology, is conceived of by responsible exponents as a descriptive and explanatory theory that cannot include any normative declarations. Still other, indeed notable, authors belonging to the discipline in question, either underhand or frankly employ prescriptive or evaluative judgments, — or they claim (what is not an insight of natural science) that it is impossible to provide a rational foundation for prescriptive or evaluative judgments. (Michael Ruse and Edward O. Wilson even assert (...) the latter without relinquishing the former.) — Several functional explanations of normative validity claims advanced by Michael Ruse, Edward O. Wilson, Donald T. Campbell, Florian von Schilcher and Neil Tennant are designed to show that prescriptive or evaluative judgments cannot be justified. The reasonableness of this move is, however, dubious, because it implies strategies of raising oneself into a privileged status or of rendering the position of oneself immune from criticism by shifting it among the objects of the theory. Then Wilson's concept of 'evolutionary ethics' is thoroughly — and critically — analyzed. The suspicion that Wilson's fallacies in the transition from biological facts to moral norms are of exemplary nature is finally examined on the basis of tenets advanced by Herbert Spencer, Wolfgang Wickler, and Hans Mohr. (shrink)

In this paper we address the question of how it can be possible for a non-expert to acquire justified true belief from expert testimony. We discuss reductionism and epistemic trust as theoretical approaches to answer this question and present a novel solution that avoids major problems of both theoretical options: Performative Expert Testimony (PET). PET draws on a functional account of expertise insofar as it takes the expert’s visibility as a good informant capable to satisfy informational needs as equally important (...) as her specific skills and knowledge. We explain how PET generates justification for testimonial belief, which is at once assessable for non-experts and maintains the division of epistemic labor between them and the experts. Thereafter we defend PET against two objections. First, we point out that the non-expert’s interest in acquiring widely assertable true beliefs and the expert’s interest in maintaining her status as a good informant counterbalances the relativist account of justification at work in PET. Second, we show that with regard to the interests at work in testimonial exchanges between experts and non-experts, PET yields a better explanation of knowledge-acquisition from expert testimony than externalist accounts of justification such as reliabilism. As our arguments ground in a conception of knowledge, which conceives of belief-justification as a declarative speech act, throughout the rearmost sections of this paper we also indicate to how such a conception is operationalized in PET. (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 this introductory article, we provide a historical and philosophical framework for studying crisis discussions in psychology. We first trace the various meanings of crisis talk outside and inside of the sciences. We then turn to Kuhn’s concept of crisis, which is mainly an analyst’s category referring to severe clashes between theory and data. His view has also dominated many discussions on the status of psychology: Can it be considered a “mature” science, or are we dealing here with a (...) pre- or multi-paradigmatic discipline? Against these Kuhnian perspectives, we point out that especially, but not only in psychology distinctive crisis declarations and debates have taken place since at least the late 19th century. In these, quite different usages of crisis talk have emerged, which can be determined by looking at (a) the content and (b) the dimensions of the declarations, as well as (c) the functions these declarations had for their authors. Thus, in psychology at least, ‘crisis’ has been a vigorous actor’s category, occasionally having actual effects on the future course of research. While such crisis declarations need not be taken at face value, they nevertheless help to break the spell of Kuhnian analyses of psychology’s history. They should inform ways in which the history and philosophy of psychology is studied further. (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...) limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

This article discusses John Searle’s status function account of human rights and Åsa Burman’s “A Critique of the Status Function Account of Human Rights.” While recognizing the validity of part of the critique, based on the distinction between types and tokens, the author argues that, nonetheless, one is not compelled to accept Burman’s conclusion, that “one must give up the status function account of human rights to explain how a human right can exist without (...) collective recognition”. Specifically, the author accepts Burman’s critique of Searle’s attempt to preserve the intuition that human rights have existed without collective recognition, but concludes offering three ways to understand human rights even in the absence of collective recognition, all of which preserve the status function account. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reports of the Death of the AuthorDonald KeeferReports of the death of the author have been greatly exaggerated. Throughout Western history, the death of a hero, the disappearance of something sacred, the fall of a leader, or the defeat of a powerful people has signaled cultural crises and the coming of anxiety-filled transformations towards an unknowable future. When Friedrich Nietzsche wrote the belated obituary on the death of God, (...) he was well aware of its enormity. He complains that millennia will pass before humanity will overcome its living in the “immense frightful shadow” of God. 1 Roland Barthes’s 1968 notice on “The Death of the Author,” however, announces an analogous loss of the “Author-God” with nothing but smug confidence: “We know to give writing its future, it is necessary to overthrow the myth: the birth of the reader must be at the cost of the death of the Author.” 2 Since his actual death in 1980, and despite his writings contra the author, Barthes has become the sort of Author declared moribund in his article, as he is attentively read and dutifully quoted with adulation by artists, art and literary critical theorists alike. 3For Abigail Solomon-Godeu, writing on photography, the death of the author, and by extension, the artist and composer, as theorized by Barthes, was a cornerstone in a new age of cultural production and consumption. Readers would be liberated from the tyranny of authorial authority. She links the transgressive edge of “appropriative art,” found in such works as photographer Sherry Levine’s photographs of famous photographs, to playing out the cultural consequences of Barthes’s manifesto. “The dismantling of the notion of unique subjectivity Barthes understood as a salutary blow struck against ossified and essential retrograde bourgeois humanism.” 4 The paramount irony is [End Page 78] that the Four Henchman of the Authorial Apocalypse, Roland Barthes, Michel Foucault, Jacques Derrida, and Paul De Man, are given the godlike status of founding fathers of postmodernism by practically every writer on the current art scene. The program to “challenge the symbolic itself,” is accepted as a sacred charge by the new cultural clerisy. 5Nearing three decades of postmortem of the author, what has changed? The “death of the author” has given birth not to the reader, but to a booming industry of “discursive practices,” or the production of texts on texts. And clearly, not one of the producers of these texts would happily give credit to discourse itself for their byline. Despite postmodern misgivings about authority and propriety, we can still be sued for appropriating without their permission words and ideas theoretically the product of language itself! 6 Isn’t it high time that we began to demand some sort of truth in advertising or reporting on matters such as these?Margit Sutrop has lamented in the pages of this journal the resilient attitudes of those cultural critics who take as axiomatic Barthes’s claims: “Even the sharpest philosophical analysis has had no influence on those speaking about the death of the author.” 7 In fact, many of the critiques are so good, one must wonder if our continuing concern with Barthes isn’t bordering on overkill. Sutrop sees that Barthesian proponents have too much invested in the thesis to be moved. She then acknowledges that arguments might prove fruitless against the force of a metaphor. This is a very troubling concession however. There is nothing surprising about a community’s lack of self-criticism except when that community advertises itself as the party that dares to challenge all. The convenience of certain “truths,” or beliefs not subject to correction ought always to make us suspicious.The truth is Barthes’s attack has much less to do with authors than with a style of reading: “We know that a text is not a line of words releasing a single ‘theological’ meaning (the ‘message’ of the Author-God), but a multi-dimensional space in which a variety of writings, none of them original, blend and clash” (DOA, p. 146). The tenacity of Barthes’s supporters is a function of the sort of reading that Barthes licenses here and in his other works. Clearly... (shrink)

“The genealogy of morals” is, most famously, a pair of genealogies: that of the good/evil dichotomy in the First Treatise, and that of the bad conscience in the Second Treatise. But the straightforward presentation of these two narratives is subverted even before it begins. Nietzsche classifies the book not as a treatise or inquiry but as a “polemic”; voices interrupt the narrative to insist that much is left unsaid; the narratives are framed by, of all things, reflections on the scientific (...) conscience; Nietzsche declares the entire enterprise to be a contribution to the critique of “the value of values”; the two genealogies of the first two Treatises overlap and various points and ultimately converge in a discussion of the “meaning” of the “ascetic ideal.” Whatever one makes of these complications, two tentative conclusions can be drawn. Nietzsche is profoundly concerned with the status of his genealogy. And genealogy does not function as reportage, primarily concerned with the accurate depiction of events; rather, it aims to reveal something about the status of “moral values” and the possibility of an alternative to them. (shrink)

The principles that govern the functioning of science and visions of the ethics of scientific research are changing. Many researchers who are examining these changes observe a shift from the academic ethos to the industrial — or “corporate” — ethos. Under the new law on higher education and science, which was passed by the Polish Parliament in 2018, new regulations to the Polish state university system have come into effect. The basic aim of my article has been to examine the (...) scientific ethos in Poland. I based my research on the new statutes adopted by university senates, in which I focused on the value statements and declarations that express the beliefs of university authorities about the most important and desirable model of science. I compared two groups of universities, those which have obtained the status of research universities and colleges from the Upper Silesian Metropolis. My goal was to answer the following questions: 1. What values create the declared ethos of science? 2. What is their hierarchy? 3. To what extent is the ethos of both groups of universities similar? 4. Has the scientific ethos present in the new statutes changed in relation to what was declared earlier? In order to answer these questions, I have applied the technique of document content analysis. My research shows that 1. The ethos of science is changing; 2. The set of declared values in the material under scrutiny is rich and varied. (shrink)

Modern Ukraine is a post-colonial, post-totalitarian state in which decolonization, decommunization, and de-Russification have not yet been fully implemented. This article sets itself the goal of reviewing the agenda of the processes of civilizational transit of Ukraine and developing theoretically grounded vectors of the said process. The important fact that the current stage of development of the “worldview gravity” of Ukrainian society is characterized by an eclectic system of stereotypes is also of significant importance: here coexist both old stereotypes of (...) consciousness and behavior, which have largely ceased to fulfill their functions, and new ones that are unstable and ambiguous. The series of ideas regarding the Ukrainian civilizational choice was already discovered in a monograph, “Civilizational crossroads of modern society,” and presented for Ukrainian readers a few years ago. The current article offers a revision of the previously presented ideas for the international audience of the journal readers, taking into account the current Ukrainian sociocultural situation, at the center of which are the challenges produced by the military aggression of the Russian Federation against Ukraine. The policy of new realism can become an effective tool for social modernization. The given word combination is not accidental: the realism of this type of politics insists on the need for the adequate perception of reality in all its essential aspects, and the novelty emphasizes the need to operate not with the laws and features of the socio-political status quo “in general,” but taking into account the latest dynamics, trends, threats, and problematic challenges. The people and the country need not only (and sometimes not so much) a thorough understanding of their cultural-civilizational, geopolitical, and economic-economic prospects but an indomitable character that guarantees the realization of their potential in spite of anything and against anything. On the difficult path of establishing a civilizational choice, Ukrainians will need not only the awareness of the incomplete state of political modernization, the limited, post-totalitarian (post-colonial, etc.) status, but also to work at the individual level to accelerate evolutionary processes. These processes can catalyze political decisions, not at the declarative level but at the practical level, to fill the steps for the approval of the civilizational choice with content. Step-by-step changes in favor of a new worldview horizon will require significant changes at the personal level through the rejection of destructive post-colonial (post-totalitarian, etc.) narratives in social practice in favor of the development of Ukrainian national identity, which will be preceded by the rational assimilation of the perspectives of civilizational choice, which is a fruitful combination of the European civilizational project and heritage of Ukrainian culture. (shrink)

Animal people are usually confident that Cartesianism is something of the past and that modern science clearly establishes that animals are sentient beings. But actually the scientific status of sentience is anything but firmly established. Not only is the subjective point of view absent from current science; it is precluded by construction from our fundamental realms of knowledge. Physics — the mother-science once we reject Cartesian dualism — is currently unable to include sentience in its account of the world. (...) A large part of the philosophy of mind describes a mindless mind, from which subjectivity — feeling, qualia — has been stripped, leaving only in place functional relations. This situation paves the way for discourses in which sentience seems to escape the realm of knowledge to fall into that of private beliefs, which individuals can choose as freely as their religion. This is a real obstacle to having animal sentience taken seriously; as such it has been largely underestimated. We believe it necessary for the movement for animals to understand that it cannot by-pass the “mind-matter” problem. We must not allow the existence and relevance of animal sentience to be denied in the name of science. One path we are contemplating is a “Declaration on Sentience” in which scientists and other thinkers would subscribe to the following assertion: sentience is an objective reality of the world and belongs to the realm of science. Despite the current intractability of the “mind-matter” problem, we do have something on our side. Although we cannot prove the reality of sentience, we can show it impossible for anyone to disbelieve in it — just as no one can really disbelieve in the reality of the physical world. We thus have enough reasons to reject the main ways in which sentience is denied or dismissed in many realms of current philosophy or science. These reasons are based on our own situation as sentient and deliberative beings. (shrink)

Nowadays, some of the things that are ḥarāmto be consumed, such as lard, its derivatives and alcohol are used as additives or additional nutrients in products, namely food and cosmetics that people use widely in daily life. The provision of these products, which are accepted as najis(impure), stands in front of us as one of the actual fiqh problems. In order to produce an accurate solution in this regard, the reaction condition and the level of dissolution in the product must (...) be determined. In this article, the level of mutanajjis (contamination) of the products that najisthings transforms through istihlāk(physical change) and the provision (hukm) of benefits from such things are examined. The research covers the discussions in the classical period regarding the provision of things, which included najāsah(impurity) and underwent physical change as well as the evaluations of contemporary Islamic jurists. The aim of this study is to contribute to the researches, which will be carried out to determine the provision of products containing ḥarāmelements. As the production is carried out on an industrial scale, such studies are important today in terms of the establishment of “ḥalāl” sensitivity and meeting the needs of people who have this sensitivity to learn the provision of such products.SummaryNowadays, in various sectors, especially food, feed, cosmetics, health and clothing industries, for the purposes of reducing the cost of the product, extending the shelf life, making the product more attractive in terms of color, consistency and aroma, many substances are added to the main material. The fact that some of the substances added are ḥarām(forbidden) such as blood, lard, pest, and ethyl alcohol require the subject to be considered in terms of fiqh. It is important to clarify two issues in order to reach a healthy result in the studies aiming to determine the provision (ḥukm) of the products that are mixed with najis(impure) substance. One of them is the determination of the level of istihlāk(physical change) in the mutanajjis(contamination) things. The second is the determination of the basic principles to be used in determining the provision of the things which najāsahhas undergone the physical change in. In this study conducted within the scope of this purpose and method, the hadīthsrelated to two different issues that are directly related to the subject have been evaluated as the basic textual basis. These are narrations about the cleanliness and pollution status of the contaminated water, and about the availability of fats and oils, which the dead mouse is seen in. It is stated in the narrations about the condition of the water that najāsah involved in, the water will not be najisunless its smell, taste or color changes because of the falling najāsahin it. According to this hadith, which shows the change of description as a measure, the fuqahāʾ(jurists) came to a consensus on the fact that water, which one of its characteristics changed because of najāsahwould be considered mutanajjis. When thishadithis evaluated together with the narrations that indicate the small amount of water is contaminated because of najāsah, in fact, it is seen that while the water is considered to be clean-najis, the situation of the water being affected from najāsahis taken as the basis and aimed to protect human health against the dirty water. At the time when there were not any one of today's microbiological analysis laboratories, the way to understand the pollution status of water was to see if the smell, color and taste of the water changed while taking the amount of the water into account. Since the rate of foreign matter in the water, the level of pollution and the health status of the water can be determined correctly in the laboratory today, operating the modern techniques as well as the measure of qualification change will be appropriate for the purpose of the hadīthsmentioned.In the narrations about the state of the fat, which the dead mouse is found in, it is seen that different operations are requested depending on the fat being solid or liquid. If the fat is liquid, different instructions have been made such as its being poured or used in lighting. Mālikīs, Shāfiʿīs, and Ḥanbalīfaqīhs (jurists) of the first period have ruled that liquids such as vinegar, milk and honey are mutanajjis, whether they are in little quantity or not, and whether their descriptions are changed or not, claiming that the amount of oil and the degree of impact on the dirt is not declared in the hadīths. The Ḥanafīs adopted the provision in the narrations mentioned pointing to a small amount of liquid oil and considered the measure of description change for a large amount of liquid valid. Ẓāhirīs, Ibn Taymiyyah and some of the faqīhsargued that the liquids which one cannot feel the color, taste or smell of the najāsahin are clean, regardless of the amount.These three approaches are open to criticism because the first is limited only to the literal meaning in the narrations and neglects the aims, and the second ignored the non-water fluids’ ability to hide the descriptions of the substance added to them, and the third evaluates the mustahlak substance (that has undergone a physical change) as if it had been istiḥālah(chemically changed). When the narrations related to the subject are examined, it is understood that while the usage of the liquid fat which the dead mouse was seen in as the food was prohibited, in fact, it was based on the foresight that all of the fat is affected by the mouse. It appears to have been ruled out that only the part polluted is the part affected by thenajāsahfor the fact that after the removal of the mouse and the environment from the solid oil exposed to the same contamination, the rest is allowed to be eaten. According to this, it is possible to say that the measure of mutanajjisin the things that affected by najāsahis in the degree of spreading of najāsah.Nowadays it is possible to determine the presence of najisthings in the main material, which is used as additive or addition, by the level of effect of these substances in the product, as well as by the assays. If the najissubstances used for purposes such as brightness, taste, consistency and extending shelf life, perform the expected functions, it means that they protect their presence in the product effectively. In fact, it should be acknowledged that these substances continue to exist effectively in the product, if they perform the targeted function without any chemical change, even the ratio in the product is low or the color, taste and odor are eliminated during the mixture.The faqīhswhile differed in opinion about the mutanajjisof things that the najāsahhad undergone physical changes in, they, in concert, considered the substances, which were not cleaned or could not be cleansed from which that they accept as mutanajjisby their own measurements, khabīs(disgusting), and have accepted the people’s eating of them as ḥarām. Likewise, they did not allow such things to be used in any way touching the body, clothing and containers. They have evaluated the narrations, which requires the spilth the fat that the dead mouse was seen in, as the main basis in this issue. On the other hand, about the use of the mutanajjisthings outside the human consumption area and in such a way that the clothes and body would not be contaminated; the majority of thefaqīhs preferred the mubāḥ provision. They have put forth the narrations as the basis that recommends the usage of the liquid oil in which the mouse was fallen in lighting. These approaches of the fuqahāʾabout the effect of the istihlākon the provision of making use of the things that affected by najāsahare of worth as the basic principles on the subject. It is possible to say that it is not permissible to consume food products containing lard or pork gelatin, and the chicken that has been torn apart while being left in hot water in order to pluck its feathers, and the egg which becomes mutanajjisfor it is boiled up with thenajāsahon, and the using of cosmetic products containing lard when today’s industrial products are evaluated in accordance with these principles. If taken the general opinion that defends that the ethyl alcohol is najis as the basis, the carbonated soft drinks, which are added to alcohol, can also be evaluated in this context. (shrink)

The 1960s was a decade dedicated to experimentation within the Kennedy and Johnson administrations. Americans witnessed many significant changes and advancements in those ten short years, including the first man on the moon, a war in Vietnam, and successes in the automobile industry. Probably the most important of these changes was the War on Poverty, introduced by John Fitzgerald Kennedy and continued by Lyndon Baines Johnson and subsequent administrations. This paper examines the creation of a new class of reliance on (...) government handouts, as well as a misallocation of resources.Poverty was a well-known tragedy in third world countries. It was hard to believe that the United States, a leading nation of the world, was hit just as badly as those other countries. In fact, many Americans denied the problem for fear of the reaction from the rest of the world. In reality, though, many American families were struggling every day to provide food, shelter, and education for their children. Once this devastating misfortune was acknowledged, Kennedy dedicated his 1960 campaign to the New Frontier, which would encourage Americans to regain faith in their country by implementing programs to eradicate poverty. To succeed, Kennedy knew that the key to recovery centered on education. Improved education would provide the youth with better job opportunities, which would increase productivity, and therefore decrease poverty. Unfortunately, Kennedy was unable to follow through with his plans. After he was assassinated, Johnson took office ready to expand on Kennedy’s drafted plan. He wanted to look at poverty in a more positive way, as an opportunity to effectively change society. Continuing with Kennedy’s ideas, Johnson felt this change would best be accomplished through publics works programs. In his State of the Union Address, Johnson declared a “war on poverty” in which he would provide Americans with the tools needed to escape the world of poverty and make a living for themselves.Under the provision of the Office of Economic Opportunity, created specifically to abolish poverty, programs were created to begin the process of recovery. Community action programs, the Jobs Corps, and Head Start are just three programs put into action to improve the status of the poor. Job training and education were the main functions of these programs, but the effectiveness is heavily debated amongst historians.Though many claim that the War on Poverty was indeed successful, evidence shows otherwise. In viewing statistics from Congressional Records and other government documents, it is clear that the short-term effects were not worth the long-term consequences, and had the problem of poverty been left to the natural market, the issue would have been solved much more sufficiently. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Filosofi e animali in Roma antica: Modelli di animalità e umanità in Lucrezio e Seneca by Fabio TutroneJo-Ann SheltonFabio Tutrone. Filosofi e animali in Roma antica: Modelli di animalità e umanità in Lucrezio e Seneca. Pubblicazioni della Facoltà di Lettere e Filosofia dell’Università di Pavia 126. Pisa: Edizioni ETS, 2012. 388pp. Paper, €34.The last decade has witnessed a proliferation, in many academic disciplines including Classics, of research into (...) the relationships between humans and other animals. Classical scholars have investigated the significance of other animals, whether utilized for food, labor, religious sacrifice, or entertainment, or, as Levi-Strauss declared, because they are good to think with. For millennia, we humans have sought to understand ourselves and our culture in large part by identifying both analogy with and the alterity of other animals. Fabio Tutrone, in his book, Filosofi e animali in Roma antica: Modelli di animalità e umanità in Lucrezio e Seneca, examines how two Roman authors explicated their theories of humanitas by references to other animals. There is only occasional discussion of other Roman philosophical writers, particularly Cicero. Tutrone’s main thesis is that both Lucretius and Seneca presented views about the nature and status of animals which differed from the orthodox views of their philosophical schools.The book is divided into two sections of equal length, the first about Lucretius (part 1, four chaps.), the second about Seneca (part 2, three chaps.). Throughout part 1, Tutrone analyzes the eclectic nature of Lucretius’ sources (also included as an appendix is a reprint of an article previously published by Tutrone on Lucretius’ use of Aristotle’s biological theory). Tutrone describes Lucretius’ De Rerum Natura as one of the most astonishing attempts to repudiate traditional anthropocentrism in the history of ancient culture (22). According to Tutrone, in order to persuade readers of the Epicurean doctrine that they, and the universe around them, were entirely material, Lucretius depicted the biological relationship between humans and other animals as one of parity. Comprehension of this parity was, in Lucretius’ view, fundamental to the acceptance of Epicurean physics and thus the attainment of the desired ataraxia. Anthropocentrism and anthropic hierarchy were essential elements in the Stoic and Aristotelian doctrines of teleology which Lucretius was attempting to refute. However, Epicurus, although opposed to teleology, had not renounced anthropic hierarchy. Classical scholars have generally believed that Lucretius presented in his De [End Page 709] Rerum Natura a very orthodox exposition of Epicureanism. Tutrone, however, argues that Lucretius deviated significantly from the teachings of Epicurus in his emphasis on the similarities between humans and animals. In contrast both to his Epicurean predecessors and to his anti-Epicurean contemporaries, Lucretius advocated an ethical theory based on the biological and cognitive proximity of humans to other animals.Tutrone’s insightful examinations of several passages of De Rerum Natura demonstrate their contributions to Lucretius’ advancement of his ethical arguments. For example, on Book 1.244–64, a passage explaining the Epicurean theory that, in the material universe, nothing disintegrates into nothing, Tutrone comments that Lucretius demystifies this process by employing illustrations which remind readers of what they already know: animals acquire nutrients by consuming plants which have in turn gained nutrients from rain water. The picture of contented cows in a lush pasture, providing milk for their calves, brings pleasure to readers even as it helps them comprehend the reality of the material universe. Tutrone contends, however, that animal images in Lucretius’ poem do more than delight, or reveal, by analogy, the correctness of Epicurean physics. Lucretius’ phrase, hinc alitur porro nostrum genus atque ferarum (l. 254), denotes a parity between humans and animals: both groups are nourished in the same ways. Lucretius thereby reveals the status of humans in the material universe: we are parallel to animals.In Tutrone’s view, Lucretius did not limit his attribution of similarities between humans and animals to physical features. In Book 2.352–66, Lucretius creates a scene of a cow searching for her calf who has been killed at a sacrifice. One function of the image is to illustrate a scientific statement about the individual nature of each atomic form. The image also reinforces Lucretius’ criticism... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means of (...) reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

Possible worlds present a formidable challenge for the lover of desert landscapes. One cannot ignore their usefulness; they provide, as David Lewis puts it, “a philosophers’ paradise”.1 But to enter paradise possibilia must be fit into a believable ontology. Some follow Lewis and accept worlds at face value, but most prefer some other choice from the current menu. Part of Chihara’s book is a critical discussion of some of these menu options: Lewis’s modal realism, Alvin Plantinga’s abstract modal realism, Graeme (...) Forbes’s anti-realism and Gideon Rosen’s modal fictionalism. These discussions are very detailed and conversant with the literature. The discussions of Forbes and of paradox within Plantinga’s system are particularly enlightening. The rest of the book is devoted to Chihara’s positive project: developing an account of the status of model theory for non-modal logic, and then applying it to the modal case. The prize is an understanding of possible worlds semantics that requires no commitment to possible worlds at all What does the relativized notion of truth in an interpretation studied in model theory have to do with plain old truth? Chihara’s answer involves “connecting theorems” that relate truth-in to truth. A “natural-language proto-interpretation of the sentential calculus” is a function that assigns meanings of declarative sentences of English to sentence letters. Where I is an NLPI of SC and φ is a sentence letter, Chihara uses ‘[φ/I ]’ to refer to “φ with the meaning it has been assigned by I ” ; where φ is not atomic, he says. (shrink)

This contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions (...) simply recognize a right we already have. John Searle argues that his status function account of human rights can preserve both intuitions by showing that the inconsistency between and is merely apparent. I argue that this solution works for tokens of human rights but not for types, while the contradiction concerns types. Hence, the status function account of human rights fails to preserve both intuitions. (shrink)

We call a semantic theory 'classical' if it includes the assertions that (I) a function V assigning semantic value maps object language proper names into some set D, (ii) V maps object language atomic sentences into some set F, and (iii) the extension of any object language unary predicate is a member of the power set of D. Two theorems can be proven which assert that any classical theory which includes certain other assumptions assigns the same member of F (...) to every true object language sentence. Many accept the following argument: (1) every plausible semantic theory is classical and contains the assertions named in the theorems, (2) if the semantic value of declarative sentences is a representation or representational then, some different true sentences differ in what they represent, hence, declarative sentences are not representational. I show how to avoid the conclusion by arguing for the falsity of (1). (shrink)

This article examines the historical background, proliferation, and later internationalization of public declarations of forgiveness and remorse, first made in Europe a few decades after the end World War II. The author suggests that these declarations should be understood as a political practice, and bases her claim on three premises: after 1945, politicians began apologizing not only for their own crimes but mainly for those perpetrated by the communities they represented; these declarations implied a tacit acceptance of (...) responsibility of both the group that declares its remorse and of the group that accepts and possibly forgives the former for its past crimes; apart from representing a shared collective moral responsibility, declarations of forgiveness and remorse imply the continuity of a nation. These three premises apply if declarations of forgiveness and remorse are not banal and conventional, but function as a political ritual. The au... (shrink)

This chapter focuses on the frameworks of Head‐Driven Phrase Structure Grammar (HPSG) as it developed from Generalized Phrase Structure Grammar (GPSG), and Lexical‐Functional Grammar (LFG). Declarative frameworks are not generative, as they do not ‘generate’ anything in the sense of the preceding paragraph. Pullum refers to that kind of approach as Generative‐Enumerative Syntax and differentiates it from Model‐Theoretic Syntax: GPSG, HPSG, and LFG essentially fall in the latter category. It describes some key aspects of declarative frameworks, and the motivation for (...) them. The chapter considers how declarative frameworks instantiate a view of Generative Grammar directly inspired by Noam Chomsky's early work, but without the procedural component. It presents some of the core design features which motivate declarative frameworks, and explores how syntactic phenomena are factorized and formalized in declarative frameworks, with a view to comparison with Minimalist Program analyses. (shrink)

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues that the key framers, while aware (...) of the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate. (shrink)

L'influence de John Courtney Murray sur le développement - enchâssé dans Dignitatis Humanae- de l'enseignement de l'Église sur la liberté religieuse est largement connu. L'article montre que le caractère définitif de la contribution de Murray provient de deux perspectives centrales, l'une et l'autre issues des écrits de Bernard Lonergan. Tout d'abord, l'appropriation par Murray de la notion du «surgissement historique de la conscience» - que l'on ne conçoit pas simplement comme une attention aux événements et aux contextes historiques, mais aussi (...) à une «différenciation» propre de la conscience personnelle, sociale et ecclésiale - offre une clé de solution pour résoudre l'impasse créée par les vues conflictuelles, lors du Concile, sur la liberté religieuse. L'étude historique et théologique approfondie de Murray -avant, pendant et après le Concile - sur les thématiques qui touchent la question de la liberté religieuse est ensuite présentée comme une expression concrètement à l'oeuvre des «huit spécialités fonctionnelles» décrites par Méthode en théologie , lesquelles fondent la doctrine des Pères conciliaires pour lesquels un développement de l'enseignement social et moral de l'Église est nécessaire. (shrink)

This article develops an institutional understanding of borders. Drawing on constitutive constructivism and theories of practical communication we argue that bordering as a process is a form of sorting through the imposition of status-functions on people and things, which alters the perception of that thing by setting it within a web of normative claims, teleologies and assumptions. Studying any border, therefore, extends to include the rule structure that constitutes it as well as the sources of that structure’s legitimacy. Furthermore, (...) rule structures are both restrictive and facilitative and importantly they overlap while retaining different sources of legitimacy: actors bring different constitutive perspectives on the border depending on the particular rule structure they are drawing on in order to make legitimate claims about what that border produces. This recognition sensitizes analysis to the interplay between different sense-making regimes and their authoritative underpinnings. Methodologically it points researchers towards the practical and discursive methods actors use when making arguments about what a particular border can and does do. (shrink)

Socially engaged art presents social situations to be understood, experienced, and evaluated as works of art while they simultaneously retain everyday non-art functionality. This article begins with an account of the definitional and evaluative concerns that socially engaged art engenders, outlining the debates around the relative importance of ethical and aesthetic values that result from this unsettled relationship between art and non-art. Based on this account, I argue that all socially engaged art requires successful performative bids that declare the work (...) to be art and that it is possible to identify the felicity conditions in which these bids are likely to be successful, as well as the perlocutionary effects that occur when a situation is categorized as art. I apply this analytic framework in a discussion and comparison of pieces by Santiago Sierra and Mierle Laderman Ukeles, demonstrating how this framework facilitates assessments that account for the works as art, while interrogating and evaluating the ethics of their categorization as art. (shrink)

The structure of the brain and the nature of evolution suggest that, despite its uniqueness, language likely depends on brain systems that also subserve other functions. The declarative / procedural model claims that the mental lexicon of memorized word- specific knowledge depends on the largely temporal-lobe substrates of declarative memory, which underlies the storage and use of knowledge of facts and events. The mental grammar, which subserves the rule-governed combination of lexical items into complex representations, depends on a distinct neural (...) system. This system, which is composed of a network of specific frontal, basal - ganglia, parietal and cerebellar structures, underlies procedural memory, which supports the learning and execution of motor and cognitive skills, especially those involving sequences. The functions of the two brain systems, together with their anatomical, physiological and biochemical substrates, lead to specific claims and predictions regarding their roles in language. These predictions are compared with those of other neurocognitive models of language. Empirical evidence is presented from neuroimaging studies of normal language processing, and from developmental and adult- onset disorders. It is argued that this evidence supports the DP model. It is additionally proposed that “ language ” disorders, such as specific language impairment and non-fluent and fluent aphasia, may be profitably viewed as impairments primarily affecting one or the other brain system. Overall, the data suggest a new neurocognitive framework for the study of lexicon and grammar. (shrink)

The Hippocratic Oath and the Declaration of Geneva of the World Medical Association are compared in terms of content and origin. Their relevance for current medical practice is investigated. The status which is ascribed to these documents will be shown and the status which they can reasonably claim to have will be explored. Arguments in favor of the Hippocratic Oath that rely on historical stability or historical origin are being examined. It is demonstrated that they get caught up (...) in paradoxes. Should doctors swear the Hippocratic Oath or the Declaration of Geneva? The Hippocratic Oath is a remarkable historic document, which contains important elements still relevant for medical ethics today. Its interpretation as a timeless, still valid medical code is unfounded. The historical arguments, that should justify its validity, are untenable. The Declaration of Geneva, and not the Hippocratic Oath, can legitimately claim to come close to representing the most important principles of professional medical conduct in today’s globalised world. (shrink)