The paper continues the model I began in a previous issue of Sophia . It is argued that the predominance of purely ascending or ‘top down’ forms of spirituality which stemmed largely from the axial period and have been carried forward into modern, transpersonal theories of evolutionary spirituality is a mistake and that there exists a lost or largely ignored form of spirituality—which I name somatic—which was the predominant domain of early Neolithic and Palaeolithic experience. Aspects of what I call (...) somatic mystical experiences have certainly been acknowledged at times to a limited degree, though they have rarely been fully explored, and have usually been considered as basic to other kinds of mystical experience, rather than fully developed forms in their own right. This article offers a fuller exploration and places such states more accurately within a detailed developmental framework than has previously been the case. Other issues relating to the horizon model across the two papers are also expanded. (shrink)

It is shown in this article that many positions that are usually considered incompatible or antagonistic can be synthesized into a unified framework, creating a model of transpersonal development based around plurality and complexity. The model focuses on evolutionary developmental biology as well as around psychological theories. A large degree of variability in the nature of transpersonal experience in the life cycle is to be expected, due to differences in both the “timing of onset” of transpersonal characteristics and the “length (...) of developmental period.” Numerous developmental patterns are identified, using the work of some prominent transpersonal theorists. (shrink)

Critics have pointed out that the content and sequence of mystical development reported by different traditions do not seem very congruous with the contention that there is a universal path of mystical development. I propose a model of mystical development that is more subtle than traditional ‘invariant hierarchical’ models, and which explains how the apparently differing accounts of mystical development between traditions and thinkers can be reconciled with each other in a more convincing fashion, and brought together under one umbrella. (...) The model preserves both the objective core of perennialism and the culturally subjective element of mystical ‘specialization’ that is undeniably evidenced in the mystical literature, and which hierarchical and invariant ‘universalist’ accounts struggle to integrate. (shrink)

This article considers the psychology of meditation and other introverted forms of mystical development from a neo-Piagetian perspective, which has commonalities with biogenetic structuralist and neurotheological approaches. Evidence is found that lines of meditative development unfold through Patañjali’s stages at different rates in an echo of the unfolding of lines of cognitive development through Piaget’s stages at different rates. Similar factors predicting the degree of independence of development apply to both conventional cognitive and meditative contents. As the same brain and (...) the same nervous system are involved in both cognitive developmental psychology and meditation there are likely to be commonalities between conventional psychological and transpersonal development. Neo-Piagetian transpersonal psychology predicts a variable landscape of spiritual development across traditions and individuals, in line with variability in the cultural learning environment. (shrink)

The essays in this book engage the original and controversial claims from Michael Boylan's A Just Society. Each essay discusses Boylan's claims from a particular chapter and offers a critical analysis of these claims. Boylan responds to the essays in his lengthy and philosophically rich reply.

According to the offense principle, the fact that wrongs are offensive makes them eligible for criminalization. Section “Introduction” unpacks this principle. Section “Offense and Offensiveness” discusses what it is for X to be offensive. Section “Offensiveness and Criminalization” argues that, whether we interpret offensiveness subjectively or objectively, the offense principle is not a sound principle. The fact that a wrong is objectively offensive does not bear on whether it should be criminalized. The fact that a wrong is subjectively offensive is (...) no reason to tackle it using the criminal law. Section “The Value of Offense” considers the conditions under which offense has value. It argues that, under some conditions, the fact that X is subjectively offensive counts against criminalizing X, while the fact that X is not subjectively offensive counts in favor of criminalization. Feinberg’s version of the offense principle—which holds that subjective offensiveness gives us reason to criminalize—is something close to the opposite of the truth. (shrink)

We often hold others responsible, and are held responsible ourselves. Many philosophers claim that to evaluate such holdings, we must consider the standing of the holder. Many also claim that both hypocrites and meddlers lack standing. Little has been said, however, about what exactly standing is—about what it is that hypocrites and meddlers are supposed to lack. Though talk of standing is now widespread, ‘we do not,’ in Joseph Raz’s words, ‘have an unproblematic grasp of the phenomena referred to’ by (...) such talk. In this paper I attempt to improve that grasp. I offer an account of what it is to have, and lack, standing to hold others responsible. And I offer some reasons why, if this account is accepted, both hypocrites and meddlers should lack standing. (shrink)

Part Five is in considerable need of revision. There have been many developments in medicine and health care that present serious moral challenges to the teachings of the Church. The recommendations below include new emphasis on palliative care and hospice, the right of Catholics to receive the sacraments and visits from the family during illness, further safeguards to protect those in a persistent vegetative state, the immorality of voluntary stopping of eating and drinking (VSED), the permissibility of do not resuscitate (...) (DNR) orders, the limited use of palliative sedation, and the requirement that the standards for determining death be rigorously applied by medical professionals. Other minor recommendations seek to bring greater clarity to the existing directives. (shrink)

Completely updated and revised, the third edition of Catholic Health Care Ethics: A Manual for Practitioners sets the standard for Catholic bioethicists, physicians, nurses, and other health care workers. In thirty-nine chapters (many with subchapters), leading authors in their fields discuss a wide range of topics relevant to medicine and health care. The book has six parts covering foundational principles, health care ethics services, beginning-of-life issues, end-of-life issues, selected clinical issues, and institutional issues. Some highlights from the third edition include (...) new entries on the Ethical and Religious Directives for Catholic Health Care Services, certitude in moral decision-making, the principle of double effect, clinical ethics consultation, natural family planning, prenatal testing and diagnosis, care of fetal remains, challenges to neurological criteria, the use of ventilators, POLST, alkaline hydrolysis, opportunistic salpingectomy, so-called lethal prenatal diagnoses, transgenderism, and new age medicine. The volume continues to provide insightful information on the topics previously covered in the second edition, but with significant updates throughout. (shrink)

As secular culture exerts pressure on Catholic health care to conform to its standards, there is need for a clear response to those who claim that the body is not constitutive of the person but can be manipulated to suit a subjective view of the self. Patients who suffer from gender dysphoria deserve our compassionate support, but "therapies" that carry out or encourage the destruction of one's natal sexuality are contrary to the Christian tradition and to the teachings of the (...) Catholic Church. This book provides the arguments, evidence, and practical advice needed for Catholic health care to resist this ideology and courageously affirm the biological reality of the person. Through careful analysis, narrative case studies, and policy language, Transgender Issues in Catholic Health Care critiques current interventions for gender dysphoria and provides practical guidance for professionals and institutions committed to providing whole-person care. -- Provided by publisher. (shrink)

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal obligations (...) , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

Much time has been spent arguing about the soundness of But in the philosophical literature there is no single such principle; there are many harm principles. And many objections pressed against are objections to only some of these principles. The first half of this paper draws a number of distinctions between harm principles. It then argues that each harm principle is compatible with many other principles that impose limits on the law, including but not limited to other harm principles. The (...) second half of the paper applies the lessons of the first to a number of prominent objections to That principle has been accused of a) being underinclusive; b) misrepresenting the reasons why many act-types ought to be legally proscribed; c) permitting lawmakers to treat people as mere means of achieving their ends; and d) being overinclusive. The paper argues that one harm principle survives all four objections. (shrink)

My paper discusses the philosophical interrelationship between perfection, truth, and knowledge. The connection that exists between these three concepts underscores the argument of my paper that they are all one and the same thing. -/- The concepts of perfection, truth and knowledge are analysed in that order. I analyse perfection and demonstrate the practicalities of my arguments. Truth is then scrutinized and defined to illustrate its intimate relationship with perfection leading to the conclusion that knowledge being ‘truth that is perfect’. (...) -/- In dealing with the theory of knowledge, I take into account the justification of knowledge and highlighted arguments that I found to be insufficient. I derive a premise to refute and replace both the traditional and contemporary views of knowledge. -/- In the paper presented, I consider views of some prominent philosophers including; Locke, Russell, Plato, Aristotle and Leibniz. (shrink)

We present a new account of perceptual consciousness, one which gives due weight to the epistemic commitment of normal perception in familiar circumstances. The account is given in terms of a higher-order attitude for which the subject has an immediate perceptual epistemic warrant in the form of an appropriate first-order perception. We develop our account in contrast to Rosenthal's higher-order account, rejecting his view of consciousness in virtue of so-called ‘targetless’ higher-order states. We explain the key notion of an immediate (...) perceptual warrant and show both that it requires the content of the higher-order attitude to match that of the first-order perception, and also that it gives a new perspective on the intimate relationship, rightly emphasised by Rosenthal, between consciousness and a subject's testimony as to ‘how it is with her’. (shrink)

The character of contemporary criminal law is changing. This article examines one aspect of that change: a type of criminal offence which, it is argued, effectively ousts the criminal courts. These ‘ouster offences’ are first distinguished from more conventional offences by virtue of their distinctive structure. The article then argues that to create an ouster offence is to oust the criminal courts by depriving them of the ability to adjudicate on whatever wrongdoing the offence-creator takes to justify prosecuting potential defendants. (...) The article further argues that creating such an ouster is objectionable on a number of grounds. It deprives the courts of the ability to adjudicate independently, and undermines their ability to deliver procedural justice in both pure and imperfect form. While the ouster in question is by no means express, the article argues that it is nonetheless of the first importance. (shrink)

What could it mean to be religious in a world where religion no longer retains its former authority? Posing this question for his fellow Western intellectuals who inhabit just such a world, James C. Edwards investigates the loss of religion's traditional power in a culture characterized by what he calls "normal nihilism"—a situation in which one's commitment to a particular set of values is all one really has, and in which traditional religion is only a means of interpretation used (...) to preserve what one most cares about. Recognizing the important historical role of religion in making us the people we are, he seeks to establish a viable understanding of religion without traditional beliefs and within the context of contemporary skepticism. _The Plain Sense of Things_ is a book more interested in the power of religion that in its truth and in what happens to that power when the claims to truth slacken their grip. (shrink)

This paper addresses three doctrinal phenomena of which it finds evidence in English law: the quiet extension of the criminal law so as to criminalise that which is by no means an obvious offence; the creation of offences the goal of which is not to guide potential offenders away from crime; and the existence of offending behaviour which is not itself thought to justify arrest or prosecution. While such phenomena have already been criticised by other criminal law theorists, this paper (...) offers a critique to which little attention has yet been paid. It argues that the existence of these phenomena has been concealed from public view: that the organs of state have encouraged the belief that they are no part of English law. The paper then argues that it is high time the state came clean. The state owes its people answers for the imposition of the criminal law: it must account for the creation and enforcement of any given criminal offence. When the state misleads its people about the criminal law’s scope, goals and enforcement, it refuses to provide those people with the answers they are owed. (shrink)

James P. Sterba postulates a conflict situation between ‘poor’ and ‘rich’ persons in order to establish the legitimacy of a welfare right superior to unlimited private property rights. Sterba does not recognize the moral options available to the non-poor in his conflict scenario, nor the generally voluntary character of enduring unemployment, or how few people would satisfy his own restrictive criteria for poverty. His definition mischaracterizes the general state of the poor as one of imminent decline when in fact, (...) for most of human history it was one of stasis, and since comparatively free societies emerged, it has been one of general improvement. He fails to grasp that the processes by which others become non-poor in a libertarian society also make most of the poor better off. Consequently, consideration of future generations also turns out to weigh heavily against justification of a welfare right, contrary to Sterba’s claim. (shrink)

According to the motivational thesis (MT), we are justified in performing an action if and only if we perform that action for the right reason(s). Proponents of MT disagree about how it is best interpreted—about what count as reasons of the right kind. In _Fundamentals of Criminal Law_, Andrew Simester criticises an interpretation offered by John Gardner. Here, I explore some of Simester's reasons for objecting to that interpretation, and I argue—partly on the basis of those same reasons—that Simester's own (...) interpretation of MT should be revised. I conclude with a preliminary defence of an alternative interpretation, which I call the tripartite view of justification. (shrink)

What role do moral norms play in the justification of legal norms? This is one of many questions about the relationship between law and morality. Let us call it the justificatory question for short...

To ask whether we should use Prozac or other technologies as “enhancement” is perhaps to ask the wrong question, one that belongs to a life of what Heidegger discerned as technological ordering (die Technik). We might better ask a question belonging to a life of receptivity (Gelassenheit): Can or should we—some of us—live differently than we do?

ABSTRACTCriminal law confers powers and grants permissions. In doing so it does not treat all alike. Some state officials are given powers and permissions that are much more extensive than those given to private persons. As a result, steps taken to achieve criminal justice are often serious crimes if taken by members of the latter group, while being perfectly lawful when taken by members of the former. My question here is what justifies this asymmetry. I consider two candidate explanations. One (...) appeals to impossibility. Another appeals to efficiency. While explanations of the first kind have become increasingly popular, I offer some reasons to doubt that they succeed. I conclude with a preliminary defence of a view that appeals to efficiency. (shrink)

Criminal laws are created to achieve various ends. These include reducing the incidence of wrongdoing, and holding wrongdoers responsible for their wrongs. Some criminal laws are created to further the first of these ends by means of compliance. The second end is to be furthered only if, regrettably, some fail to comply. These criminal laws are made to be followed. Other criminal laws are not created with compliance in mind. Conviction, in these cases, is no regrettable fallback. It is the (...) primary means by which the law is to contribute to ends and. Laws of this second kind are made to be broken. My concern in this paper is with the creation of such laws. Section 1 sharpens the contrast drawn above, and considers some arguments for enacting laws that are made to be broken. The following sections develop an argument against. Section 2 introduces what I call the identification principle. It argues that the principle is an implication of the ideal of the rule of law, and that it binds state officials who make, apply and enforce criminal laws. Section 3 argues that when laws are made to be broken, the identification principle is violated. Section 4 concludes. (shrink)

The purpose of this study is to provide an account of the fallaciousness of begging the question without thereby indicting as fallacious all otherwise acceptable deductively valid reasoning. The solution that we suggest exploits the intuition that all good arguments are weakly circular. The fallaciousness of begging the question is not that the reasoning is circular simpliciter. Rather, begging the question is a fallacy because the conclusion relies on an undischarged assumption that the audience cannot accept without further argumentation. In (...) the face of such an argument the arguer might just as well have merely asserted the conclusion. (shrink)

This chapter contains sections titled: I II III.