This paper argues that the role of nature in Aquinas’s account of virtue, action and law does not require the kind of adherence to Aristotle’s ‘metaphysical biology’ that is refuted by Darwin because of the way Aquinas transforms nature as applied to a rational being and as an analogy to elucidate virtue, habit and law. Aquinas’s grounding of ethics and law in the notion of nature is also not a kind of intuitionism designed to answer all moral questions and stop (...) all ethical debates but a model which gives principles; these principles in turn are not that from which all conclusions can be derived with universality and certainty but are principles which are the topic of reasoned and ongoing debate about their interpretation and application in particular laws or practices. The paper then examines Aquinas’s application of the principles of natural law to evaluate human law as an example of this reasoned debate, which is both subject to error and correction, showing how Aquinas’s notion of nature can work in practical applied ethics. (shrink)

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this (...) engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable. (shrink)

Abstract. The article discusses the importance of three extra-legal sources—divine inspiration, natural law, and morality—for a full understanding and effective application of law. Each source is seen as vital due to its ability to compensate for the shortcomings of the other two sources. No source, including belief, is seen as necessarily incompatible with the doctrinal pluralism characteristic of modern societies.

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

The author investigates whether the model prevalent today of an “humble reason” - based on fallibilism and epistemic humility - is the most appropriate to express the theological truth, even in the light of the debate within the contemporary theism (rational theology). To answer this question it is necessary to examine the epistemological status of “human truth” and the “truth of faith”, in order to develop a common approach to sciences, philosophy and theology. Finally, the author shows how the communitarian (...) dimension and the “choice” (a call for freedom) are inherent to theology understood as “critical faith”, whose peculiarity is to posit itself without nostalgia in the middle between fideism, rationalism and a certain relativism. From the path, finally, it emerges the proposal of a new “cristeologia”. Il rapporto tra fede e ragione è la questione meta-teologica per eccellenza. L’autore si propone dunque d’indagare se il modello oggi prevalente di “ragione umile” – basato su fallibilismo e umiltà epistemica – sia il più adeguato per esprimere le verità teologiche, anche alla luce del dibattito interno al teismo contemporaneo (teologia razionale). Per rispondere a questa domanda è necessario esaminare lo statuto epistemologico della verità umana e della verità di fede, per poter elaborare un metodo comune alle discipline scientifiche, filosofiche e teologiche, capace di trovare un equilibrio tra fideismo e positivismo teologico. Dopo una breve panoramica storica dei rapporti tra fede e ragione nel pensiero occidentale (con particolare attenzione alla dottrina dei praeambula fidei), l’articolo cercherà di mostrare come, nel paradigma della verità relazionale e del fallibilismo sia necessario integrare il problema delle fonti, dell’autorità, del concetto di ispirazione e della nozione di “rivelazione”, giacché contraddistinguono la teologia rispetto alla filosofia. Si mostrerà infine come la dimensione comunitaria e della scelta (appello alla libertà) siano connaturate alla teologia intesa come fede critica, la cui peculiarità è di collocarsi senza nostalgie nel mezzo tra fideismo, razionalismo e un certo relativismo. Dal percorso emergerà infine la proposta di una nuova "cristeologia". (shrink)

I debatten om fastlegers adgang til reservasjon mot henvisning til abort hevdet noen at reservasjonslegenes ønske er selvmotsigende og utilstrekkelig begrunnet. Det ble hevdet at reservasjonslegenes foreslåtte balansegang – å nekte henvisning til abort, men i stedet legge til rette for at en kollega henviser – er etisk inkonsistent og innebærer et særegent etisk hykleri, som har blitt kalt «de rene henders etikk». Ved nærmere ettersyn viser det seg at denne viktige kritikken har brodd mot noen måter å praktisere reservasjon (...) på, men ikke mot alle. Selv om den konkrete saken fikk en løsning som ikke innebærer reservasjonsadgang, er anklagen om «de rene henders etikk» prinsipielt interessant og kan anspore en diskusjon om samvittighetsfrihetens og toleransens grenser, et tema som vil vende tilbake til offentlighetens søkelys i stadig nye former.Nøkkelord: medisinsk etikk, naturrett, reservasjonsrett, samvittighetsfrihetEnglish summary: Conscientious objection for general practitioners – hypocritical or well-justified?In the Norwegian debate about General Practitioners’ right to conscientious objection to referrals for abortion, some claimed that the GPs’ request was self-contradictory and inadequately justified. It was claimed that the GPs’ suggested balancing act, that is, refusing referral for abortion, while instead facilitating referral by a colleague, is ethically inconsistent and implies a particular kind of ethical hypocrisy, termed ‘the ethics of clean hands’. Upon closer inspection, however, it turns out that this important critique applies to some ways of practicing conscientious refusal, but not to all. Even though this particular case was resolved in a way that does not involve toleration of conscientious objection, the charge of ‘ethics of clean hands’ is fundamentally interesting, and may spur a discussion of freedom of conscience and the limits of tolerance, a topic that will be recurring in the public square in ever new shapes. (shrink)

Current discussions of business ethics usually only consider deontological and utilitarian approaches. What is missing is a discussion of traditional teleology, often referred to as virtue ethics. While deontology and teleology are useful, they both suffer insufficiencies. Traditional teleology, while deontological in many respects, does not object to utilitarian style calculations as long as they are contained within a moral framework that is not utilitarian in its origin. It contains the best of both approaches and can be used to focus (...) on the individual''s role within an organization. More work is needed in exposing students and faculty to traditional teleology and its place in business ethic''s discussions. (shrink)

In a spirit of critical appreciation, this essay challenges several core aspects of the critique of secular morality and the defense of Orthodox Christianity offered by H. Tristram Engelhardt in After God. First, I argue that his procedurally driven approach to a binding morality based solely on a principle of permission leaves morality without any substantive definition in general terms, in ways that are both conceptually problematic and also at odds with Engelhardt’s long-standing distinction between non-malevolence and beneficence. Second, I (...) question the accuracy or adequacy of Engelhardt’s critique of the Enlightenment project for his unwarranted privileging of a particular version of Enlightenment thinking at the expense of other Enlightenment perspectives less amenable to Engelhardt’s working generalizations. Third, I challenge the theoretical cogency of Engelhardt’s insistence on the ubiquity and intractability of moral controversies and his depiction of moral strangers and moral friends as, in effect, mutually exclusive terms. Finally, I question Engelhardt’s embrace of a divine command model of ethics as the appropriate resolution of Euthyphro’s dilemma and suggest that there may be intermediate approaches to the usual starkly drawn contrasts between divine command and naturalist accounts. (shrink)

Catholic end-of-life ethics does not contain a principle that prohibits the excessive use of medical treatment for declining and dying patients. This article fills this lacuna by exploring and developing the principle of unreasonable means. Unreasonable means are present when the burdens to the patient and community far outpace the benefits to the patient and when the use of such means directly or indirectly limits another patient’s access to ordinary means. Unreasonable means reinforce the redistribution of limited medical resources from (...) the poor to the wealthy and from the global south to the global north. The principle of unreasonable means guides individual patients and medical proxies to preferentially opt for the morally ordinary medical needs of others before the patient’s own extraordinary medical needs. The principle underscores the need for patients and proxies to incorporate justice and the common good into end-of-life decisions. (shrink)

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

In Roman Catholic Moral Theology, a direct abortion is never permitted. An indirect abortion, in which a life threatening pathology is treated, and the treatment inadvertently leads to the death of the fetus, may be permissible in proportionately grave situations. In situations in which a mother’s life is endangered by the pregnancy before the fetus is viable, there is some debate about whether the termination of the pregnancy is a direct or indirect abortion. In this essay a recent case from (...) a Roman Catholic sponsored hospital in Phoenix is reviewed along with the justifications for and arguments against viewing the pregnancy termination as an indirect abortion. After review of several arguments on both sides of the debate, it is concluded that termination of the pregnancy itself as the means of saving the mother cannot be considered an indirect abortion and that the principle of “double effect” does not justify the termination. In addition, the importance of a breakdown in communication between the local bishop and the administration of the hospital is shown to have contributed to the ultimate loss of Catholic sponsorship of the hospital. (shrink)

Lisa Sowle Cahill; Catholic Consensus on Critical Care, Patient Welfare and the Common Good, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Vo.

This paper explores the implications of Roman Catholic teachings on social justice and rights to health care. It argues that contemporary societies, such as those in North America and Western Europe, have an obligation to provide health care to their citizens as a matter of right. Moral considerations provide a basis for evaluating concerns about the role of equality when determining health care entitlements and giving some precision to the widespread belief that the right to health care requires equal entitlement (...) to health care benefits. (shrink)

The London suicide bombings of July 7, 2005 were partly the revolt of moral earnestness against a liberal society that, enchanted by the fantasy of rationalist anthropology, surrenders its passionate members to a degrading consumerism. The “humane” liberalism variously espoused by Jürgen Habermas, John Rawls, and Jeffrey Stout offers a dignifying alternative; but it is fragile, and each of its proponents looks for allies among certain kinds of religious believer. Stanley Hauerwas, however, counsels Christians against cooperation. On the one hand, (...) he is right to resist, insofar as liberalism illiberally excludes theology from public discourse. On the other hand, not all humane liberalism does this: Stout's, for example, is genuinely polyglot, requiring not a common secularist language but a common ethic of communicating. Such a liberal ethic and its attendant anthropology merit the support of Christians: there may be more to be said about the Kingdom of God than respect, tolerance, and fairness, but there will not be less. The Christian has good theological reasons to expect some concord with other inhabitants of secular space. Ethical distinctiveness is no measure of theological integrity; and neither theology (pace Barth) nor biblical narrative (pace Richard Hays) should be expected to do all of the ethical running. If Christians are to be thorough in their moral theology and intelligible in their public statements, then they must borrow non‐theological material, formulate abstract concepts, and engage in casuistical analysis. Nevertheless, if an anxious insistence on distinctiveness is a mistake, concern for theological integrity is not. When the moral theologian borrows ethical material from elsewhere, he should integrate it into a theological vision structured by the Christian salvation‐historical narrative, which will sometimes modify the meaning of what is incorporated. So in affirming humane, polyglot liberalism, the moral theologian will at the same time make salutary qualifications. One of these is the assertion of the need of liberal institutions to own and promote their moral and anthropological commitments. In such a confessionally liberal society, universities in general, and the Arts and Humanities in particular, would recover their vocation to form citizens in communicative virtues and to offer them a dignifying, morally serious vision of human being that could save future generations from a degrading consumerism on the one hand and violent over‐reaction on the other. (shrink)

This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions simultaneously enhancing a rapprochement (...) among cosmopolitan and communitarian discourses of international politics facilitated through an institutional design guided by the morality of natural law. (shrink)

A claim that is widely accepted and often invoked by philosophers working within ‘new classical natural law theory’ is that choosing directly against ‘basic goods’ is never morally permissible. In this essay, I address the question of whether one can coherently accept the fundamental commitments of new classical natural law theory and yet reject this absolutist claim. I argue that one can.