Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

This article investigates the question why even the existence of “moral conscience” became regarded with serious doubts among radical eighteenth-century French philosophes La Mettrie, d’Holbach, Diderot, and Voltaire, from the vantage point of conceptual history. The philosophes’ stance of regarding moral conscience only as a name for certain acquired prejudices both fails to engage with the conception of moral conscience upheld by their theistic opponents and stands in a sharp contrast to the moral thought of Protestant reformation, (...) which – less than two centuries earlier – had elevated moral conscience to a position of an infallible moral authority. The article argues, however, that, in spite of the opposition between these two conceptions of conscience, they might be connected, and that the former might have even been a consequence of the latter. It will be shown that the pre-Reformation conception of moral conscience, crystallized in Aquinas, presents it being based on our natural attraction to “the human good”. However, as this conception was not created by medieval theologians, but was inherited from non-theistic ancient philosophy, in principle it would have been as compatible with the deistic and atheistic worldviews of the philosophes as the other ancient philosophical concepts, such as “the human good” and “human nature”, that the philosophes continued using in their original, teleological senses. Having presented a brief overview of the history of moral conscience, the article proceeds to show how the Protestant reformers removed the attraction to the human good from moral conscience while making its normative guidance infallible. The article will suggest that, due to the prevalence of this, exclusively theological, conception of moral conscience in the intellectual environment shaped by Protestantism, several British thinkers of the seventeenth century, including Hobbes, Locke, and Hume, who could not endorse the theological aspects of moral conscience, gradually reduced it into a mere acquired “sentiment”. As their philosophy was a major influence on the philosophes, the article concludes that the loss of a rational justification for moral conscience in the works of the British philosophers could have also been what motivated the philosophes to question moral conscience. (shrink)

This book presents in translation writings by six medieval philosophers which bear on the subject of conscience. Conscience, which can be considered both as a topic in the philosophy of mind and a topic in ethics, has been unduly neglected in modern philosophy, where a prevailing belief in the autonomy of ethics leaves it no natural place. It was, however, a standard subject for a treatise in medieval philosophy. Three introductory translations here, from Jerome, Augustine and Peter Lombard, (...) present the loci classici on which subsequent discussions drew; there follows the first complete treatise on conscience, by Philip the Chancellor, while the two remaining translations, from Bonaventure and Aquinas, have been chosen as outstanding examples of the two main approaches which crystallised during the thirteenth century. (shrink)

La Conscience malheureuse est un ouvrage majeur de la philosophie existentielle des années trente. Jeune poète et critique roumain expatrié en France en 1923, Benjamin Fondane (1898-1944) fait partie de ces auteurs hantés par l'absence de Dieu dans la culture rationaliste moderne marquée par le positivisme. D'abord proche de l'esprit subversif du dadaïsme, il identifie rapidement sa révolte par l'absurde à la démarche ironique et irrationaliste du philosophe russe émigré en France Léon Chestov. C'est l'adhésion sans conditions à sa (...) philosophie existentielle à partir de 1929 qui lui permet de déconstruire la tradition du logos issue d'Athènes. Il ne cessera dès lors de dénoncer un conflit profond entre le " réel " construit par la culture rationaliste et l'existant singulier, entre le savoir et le " non-voir " des poètes et de certains mystiques, entre Athènes et Jérusalem: ce divorce intime, c'est celui de la " conscience malheureuse ". (shrink)

In this paper1 I shall present not just the conscience of Huckleberry Finn but two others as well. One of them is the conscience of Heinrich Himmler. He became a Nazi in 1923; he served drably and quietly, but well, and was rewarded with increasing responsibility and power. At the peak of his career he held many offices and commands, of which the most powerful was that of leader of the S.S. - the principal police force of the (...) Nazi regime. In this capacity, Himmler commanded the whole concentration-camp system, and was responsible for the execution of the so-called ‘final solution of the Jewish problem’. It is important for my purposes that this piece of social engineering should be thought of not abstractly but in concrete terms of Jewish families being marched to what they think are bath-houses, to the accompaniment of loud-speaker renditions of extracts from The Merry Widow and Tales of Hoffman, there to be choked to death by poisonous gases. Altogether, Himmler succeeded in murdering about four and a half million of them, as well as several million gentiles, mainly Poles and Russians. The other conscience to be discussed is that of the Calvinist theologian and philosopher Jonathan Edwards. He lived in the first half of the eighteenth century, and has a good claim to be considered America’s first serious and considerable philosophical thinker. He was for many years a widely-renowned preacher and Congregationalist minister in New England; in 1748 a dispute with his congregation led him to resign (he couldn’t accept their view that unbelievers should be admitted to the Lord’s Supper in the hope that it would convert them); for some years after that he worked as a missionary, preaching to Indians through an interpreter;, then in 1758 he accepted the presidency of what is now Princeton University, and within two months died from a smallpox inoculation. Along the way he wrote some first-rate philosophy: his book attacking the notion of free will is still sometimes read.. (shrink)

_Conscience and Corporate Culture_ advances the constructive dialogue on a moral conscience for corporations. Written for educators in the field of business ethics and practicing corporate executives, the book serves as a platform on a subject profoundly difficult and timely. Written from the unique vantage point of an author who is a philosopher, professor of business administration, and a corporate consultant A vital resource for both educators in the field of business ethics and practicing corporate executives Forwards the constructive (...) dialogue on a moral conscience for corporations Offers a philosophical and practical approach to considering business ethics. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Ce livre renouvelle le débat séculaire sur la possibilité de réduire la conscience à un processus neuronal. Il fait du lecteur l'arbitre de l'enquête, non seulement en tant que spectateur rationnel, mais aussi en tant qu'acteur apte à se reconnaître conscient aux moments décisifs de l'argumentation. Le fin mot de l'énigme ne se dissimulerait-il pas dans l'évidence que la question sur l'origine de la conscience a une conscience pour origine? Au cours de cette investigation qui mobilise la (...) phénoménologie, la métaphysique, les pratiques contemplatives, les neurosciences et la théorie de l'évolution, chaque thèse sur la conscience est alors mise à l'épreuve d'un questionnement lancinant : pour qui vaut-elle et dans quel état de conscience doit-on être pour la soutenir? L'objectif n'est pas d'opposer entre elles les doctrines (physicaliste ou dualiste), les stratégies de recherche (objective ou réflexive) et les directions d'étude (physiologique ou introspective), mais de les rapporter aux postures existentielles divergentes d'où elles tirent leur pouvoir de persuasion. Une réflexion singulière sur et au coeur de la conscience. (shrink)

Conscience in Reproductive Health Care responds to the growing worldwide trend of health care professionals conscientiously refusing to provide abortions and similar reproductive health services in countries where these services are legal and professionally accepted. Carolyn McLeod argues that conscientious objectors in health care should prioritize the interests of patients in receiving care over their own interest in acting on their conscience. She defends this "prioritizing approach" to conscientious objection over the more popular "compromise approach" without downplaying the (...) importance of health care professionals having a conscience or the moral complexity of their conscientious refusals. McLeod's central argument is that health care professionals who are gatekeepers of services such as abortions are fiduciaries for their patients and for the public they are licensed to serve. As such, they owe a duty of loyalty to these beneficiaries and should give primacy to their beneficiaries' interests in accessing care. This conclusion is informed by what McLeod believes is morally at stake for the main parties to the conflicts generated by conscientious refusals: the objector and the patient. What is at stake, according to McLeod, depends on the relevant socio-political context, but typically includes the objector's integrity and the patient's interest in avoiding harm. (shrink)

One could say that we are human beings to the degree to which our conscience is developed. My paper analyses the conscience from an ethical point of view and states that it is to be understood as the measure of morality within a person. [‘Moral’ refers to a sense of right and wrong, and ethics to the principles of “good” and “bad” agreed by a society]. Taking into consideration that there are people who feel an acute sense of (...) guilt when committing a crime and others who feel nothing, my work tries to identify the factors responsible for such a state of affairs. Therefore, it deals with the question, “Why are there considerable differences among people from the point of view of morality?”. I shall elaborate mainly on the role of education and genetic heritage, which are instrumental in the development of moral conscience within a person. Their influence in shaping it is ensured by the activity of the neurons and of other processes within the brain, which firstly produce the human consciousness. Other elements ‘grow’ on it. (shrink)

ch. 1. Conscience--the subjective norm of morality -- ch. 2. Conscience and law -- ch. 3. Relationship between conscience and law -- ch. 4. Holy Scipture on the nature of conscience -- ch. 5. Freedom and commitment of conscience -- ch. 6. The African and conscience with particular reference to the Igbos of Nigeria -- ch. 7. Igbo moral conscience in the light of cross-cultural education: Western civilisation and christianity.

A number of health care professionals assert a right to be exempt from performing some actions currently designated as part of their standard professional responsibilities. Most advocates claim that they should be excused from these duties simply by averring that they are conscientiously opposed to performing them. They believe that they need not explain or justify their decisions to anyone; nor should they suffer any undesirable consequences of such refusal. Those who claim this right err by blurring or conflating three (...) issues about the nature and role of conscience, and its significance in determining what other people should permit them to do (or not do). Many who criticize those asserting an exemption conflate the same questions and blur the same distinctions, if not expressly, by failing to acknowledge that sometimes a morally serious agent should not do what she might otherwise be expected to do. Neither side seems to acknowledge that in some cases both claims are true: a conscientious professional should not do her professional duty AND others need not permit or excuse her refusal. I identify these conflations and specify conditions in which a professional might reasonably refuse to do what she is required to do. Then I identify conditions in which the public should exempt a professional from some of her responsibilities. I argue that professionals should refuse far less often than most advocates do . . . and that they should be even less frequently exempt for that failure. Finally, there are compelling reasons why we could not implement a consistent moral policy giving advocates what they want, likely not even in qualified form. (shrink)

A bold exploration of the feminist revolution in Roman Catholic ethics, this book addresses controversial issues head on. This is the long-awaited first offering by the well-known feminist theologian, a professor of religion at Carleton College and a past president of the Catholic Theological Socity of America.

At the present time Tribunals, appointed under an Act of Parliament, are engaged all over England in dealing with claims to exemption from military service based on the ground of “conscientious objection” to taking part directly or indirectly in warlike activities. Now it is no part of the professional business of moral philosophers to tell people what they ought or ought not to do or to exhort them to do their duty. Moral philosophers, as such, have no special information, not (...) available to the general public, about what is right and what is wrong; nor have they any call to undertake those hortatory functions which are so adequately performed by clergymen, politicians, leader-writers, and wireless loudspeakers. But it is the function of a moral philosopher to reflect on the moral concepts and beliefs which he or others have; to try to analyse them and draw distinctions and clear up confusions in connection with them; and to see how they are inter-related and whether they can be arranged in a coherent system. Now there can be no doubt that the popular notions of “conscience” and “conscientious action” are extremely vague and confused. So I think that, by devoting this paper to an attempt to elucidate them, I may succeed in being topical without being impertinent. (shrink)

L’épistémologie de Cavaillès est connue pour une critique abrupte des notions de conscience et de sujet. Cette critique ne vise pas à éliminer de la philosophie la notion de conscience mais seulement à la destituer de sa place de notion primitive. Dès lors, il s’agit de rendre compte de la conscience. Nous soutenons que la conscience est définie et constituée à partir de la réflexivité du devenir mathématique. Pour établir ce point, nous discutons de quelques textes. (...) Nous sommes amené à distinguer deux problématiques, celle des thèses de 1938, qui restent marquées par la philosophie de Brunschvicg, et celle des écrits posthumes. (shrink)

Richard Sorabji presents a unique exploration of the development of moral conscience over 2500 years, from the playwrights of classical Greece to the present. His virtuoso study of the development of pagan, Christian, and secular conceptions of conscience culminates in a consideration of the nature, value, and role of conscience today.

This examination of a fundamental but often neglected aspect of the intellectual history of early modern Europe brings together philosophers, historians and political theorists from Great Britain, Canada, the United States, Australia, France and Germany. Despite the diversity of disciplines and national traditions represented, the individual contributions show a remarkable convergence around three themes: changes in the modes of moral education in early modern Europe, the emergence of new relations between conscience and law (particularly the law of the state), (...) and the shared continuities and discontinuities of both Roman Catholic and Protestant moral culture in relation to their medieval past. (shrink)

Conscience-based refusals by health care professionals to provide care to eligible patients are problematic, given the monopoly such professionals hold on the provision of such services. This article reviews standard ethical arguments in support of conscientious refuser accommodation and finds them wanting. It discusses proposed compromise solutions involving efforts aimed at testing the genuineness and reasonability of refusals and rejects those solutions too. A number of jurisdictions have introduced policies requiring conscientious refusers to provide effective referrals. These policies have (...) turned out to be unworkable. They subject patients to a health care delivery lottery, which is incompatible with the fundamental values of medical professionalism. This paper sheds light on transnational efforts aimed at undermining progress made in reproductive health by means of conscientious refusal accommodation claims. The view that the accommodation of conscientious refusers is indefensible on consequentialist ethical grounds, as well as on grounds related to medical professionalism itself, is defended. (shrink)

A growing number of medical professionals claim a right of conscience, a right to refuse to perform any professional duty they deem immoral—and to do so with impunity. We argue that professionals do not have the unqualified right of conscience. At most they have a highly qualified right. We focus on the claims of pharmacists, since they are the professionals most commonly claiming this right.

Debate over whether health care institutions or individual providers should have a legally protected right to conscientiously refuse to offer legal services to patients who request them has grown exponentially due to the increasing legalization of morally contested services. This debate is particularly acute for Catholic health care providers. We elucidate Catholic teaching regarding the nature of conscience and the intrinsic value of being free to act in accord with one’s conscience. We then outline the primary positions defended (...) in this debate and respond to critics of Catholic teaching. In so doing, we show how Catholic health care providers’ claims to conscientiously refuse to offer specific health care services are not essentially faith-based, but are founded upon publicly defensible reasons. We also address the question of whether conscientiously refusing health care providers may become complicit in moral wrongdoing or potentially cause scandal by means of disclosure or referral to another provider. (shrink)

ABSTRACTThis chapter looks briefly at the religious roots of the notion of ‘conscience’ in the Judaeo-Christian tradition, before examining the rise in the early-modern period of a ‘naturalizing’ approach that tries to explain our moral capacities in purely empirical terms, by reference to our natural inclinations and drives. The problem with this approach, highlighted by Joseph Butler, is that it fails to account for the authority or ‘normativity’ of the deliverances of conscience. An examination of the naturalistic approaches (...) of J.S. Mill, Charles Darwin and Sigmund Freud shows that none of them manages to escape the difficulty. It is suggested in conclusion that only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives. (shrink)

This book presents in translation writings by six medieval philosophers which bear on the subject of conscience. Conscience, which can be considered both as a topic in the philosophy of mind and a topic in ethics, has been unduly neglected in modern philosophy, where a prevailing belief in the autonomy of ethics leaves it no natural place. It was, however, a standard subject for a treatise in medieval philosophy. Three introductory translations here, from Jerome, Augustine and Peter Lombard, (...) present the loci classici on which subsequent discussions drew; there follows the first complete treatise on conscience, by Philip the Chancellor, while the two remaining translations, from Bonaventure and Aquinas, have been chosen as outstanding examples of the two main approaches which crystallised during the thirteenth century. (shrink)

Collected essays from a symposium on the prominent issue of conscience and how it is related to Catholic education.

Foreword This small volume contains two essays on conscience by Joseph Cardinal Ratzinger, now Pope Benedict XVI, written while he was Prefect of the...

An eloquent and passionate examination of the opposition between Protestant conscience and Enlightenment reason in the seventeenth and eighteenth centuries.

out a visitation and a thorough assessment of his diocese. His predecessor (or rather his friend Benson, the bishop of Gloucester, who during Edward Chandler's decline had managed Durham's affairs) had kept the deanery records in good ...

. John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the (...) need for an objective foundation for conscience which emerges from these debates should be embraced by both secular and religious ethicists alike. (shrink)

Babylon 5, like other great sci-fi franchises, touched on important ethical questions. Two ethical conundrums relating to the series’ main characters included providing life-saving treatment to a c...

Comment et en quoi la réflexion sur la théorie de l'Histoire et de l'État de Hegel peut-elle éclairer les peuples africains et leurs États, aujourd'hui plongés dans une crise profonde? Cet ouvrage aborde de manière systématique et critique la pensée hégélienne de l'histoire et de l'État en y faisant ressortir les enseignements qui peuvent aider les peuples africains et leurs États à la réinvention de leur conscience historique et à la construction d'une destinée libératrice. Il intéressera non seulement les (...) professeurs, les étudiants en philosophie de l'Histoire, philosophie du droit et philosophie politique, mais également, de manière plus large, tous ceux - politologues, juristes, historiens, etc. - qui peuvent être intéressés par la pensée de Hegel et soucieux d'un changement démocratique dans les États africains."--Page 4 of cover. (shrink)

Ce livre a pour objet d’évaluer l’apport de la physique quantique à l’explication du phénomène de la conscience. Après un état des lieux d’ordre sémantique, philosophique et neurobiologique de la question de la relation entre cerveau et conscience, les principaux modèles « classiques » actuels de la conscience sont exposés. Nous montrons que ces modèles laissent en suspens deux questions importantes : a) celle d’expliquer la synchronisation quasi-instantanée de régions éloignées du cerveau qui semble nécessaire à la (...) constitution de percepts conscients; b) celle du fossé explicatif qui existe entre l’expérience subjective, relevant de ce que le sujet est capable de ressentir de façon privée, et la description de ses corrélats neurophysiologiques dans le langage de la science, à la troisième personne – comment ces derniers « donnent-ils lieu » à l’expérience subjective?Les approches quantiques de la conscience plus récentes sont alors exposées de façon détaillée. Nous examinons dans quelle mesure elles peuvent contribuer à répondre à ces questions et proposer une représentation unificatrice intégrant les deux aspects psychique et physiologique du phénomène de conscience. (shrink)

In this volume leading ethicists and theologians address conscience, a term with loaded meaning and controversy in the Catholic Church in recent decades around issues like political participation, human sexuality, war and institutional violence, and theological dissent. Many essays in this challenging and far-ranging volume focus on the tension between the primacy of conscience (codified at Vatican II) and the processes and cultures of Catholic institutions, including schools, hospitals, and medical research facilities.

The Oxford University Studies in the Enlightenment series, previously known as SVEC (Studies on Voltaire and the Eighteenth Century), has published over 500 peer-reviewed scholarly volumes since 1955 as part of the Voltaire Foundation at the University of Oxford. International in focus, Oxford University Studies in the Enlightenment volumes cover wide-ranging aspects of the eighteenth century and the Enlightenment, from gender studies to political theory, and from economics to visual arts and music, and are published in English or French.

This article critically evaluates the conception of conscience underlying the debate about the proper place and role of conscience in the clinical encounter. It suggests that recovering a conception of conscience rooted in the Catholic moral tradition could offer resources for moving the debate past an unproductive assertion of conflicting rights, namely, physicians’ rights to conscience versus patients’ rights to socially and legally sanctioned medical interventions. It proposes that conscience is a necessary component of the (...) moral life in general and a necessary resource for maintaining a coherent sense of moral agency. It demonstrates that an earlier and intellectually richer conception of conscience, in contrast with common contemporary formulations, makes the judgments of conscience accountable to reason, open to critique, and protected from becoming a bastion for bigotry, idiosyncrasy, and personal bias. (shrink)

According to the Conscience Principle, it is never morally permissible to act contrary to conscience. The plausibility of this being a genuine moral principle depends on what conscience is, whether it can be mistaken, and what its role is in general moral psychology. Thomas Aquinas endorses and defends a unique version of the Conscience Principle. What’s especially interesting about his unorthodox (for his time) view on conscience is that it seems to split the difference between (...) the views we might expect to support the Conscience Principle: On the one hand, thoroughgoing subjectivism on which all moral facts and obligations are a function of agents’ mental states, and on the other hand, objectivist intuitionism on which there is an external moral law but a faculty of conscience gives us inerrant access to it. Aquinas claims that there are objective moral truths, that conscience fallibly represents those truths, and yet, conscience always generates moral obligations, whether it is correct or incorrect. Aquinas’s view will strike many initially as puzzling, perhaps even incoherent. To make sense of it, we must understand that for Aquinas the Conscience Principle is not just one moral principle among many; instead, it falls out of a novel and philosophically powerful metaethical view of moral obligations (or what we might call requiring moral reasons). (shrink)

In this volume, leading scholars in ethics, theology, and health care address conscience and how it relates to Catholic health care. Topics addressed include end-of-life care, abortion, and sterilization. The book is particularly useful for ethics boards and chaplains in Catholic hospitals, especially those merging with non-Catholic chains.

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral (...) imperative. The paper then considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

This article gives a basic account of Aquinas’s theory of “synderesis” and conscience. Aquinas understands synderesis as an infallible moral awareness and conscience as the fallible judgment that applies a general moral conviction to a concrete case. The article also compares Aquinas’s and his contemporaries’ theories of whether erring conscience is morally binding, that is, whether to act in accord with erring conscience or against erring conscience is sinful.

This chapter begins by tracing the development of the notion of conscience in the Western philosophical tradition and then addresses questions regarding the supposed authority or normativity of conscience. The relation between the idea of conscience and the notions of guilt and shame is examined, which in turn leads on to the question of whether the concepts of guilt and shame inhabit essentially different ethical landscapes. The chapter concludes by looking at the contribution of psychoanalytic thinking to (...) our modern understanding of the phenomena of conscience, guilt and shame, and by asking why the resulting insights have been so imperfectly assimilated into contemporary anglophone moral philosophy. (shrink)

ABSTRACT:Experience often manifests a gap between moral principles that are both rationally defensible and widely accepted, and the actual practice of business. In this article, I adapt Pope Francis’s discussion of conscience, gradualness, and discernment, inAmoris Laetitia, for the philosophical context of business ethics in order to better conceptualize and to identify means of narrowing the gap between objective moral principles and business practice. Specifically, right conscience allows for a better understanding of the scope and boundary conditions of (...) moral principles, gradualness highlights the need to identify ways that moral principles can be properly implemented within organizations, and discernment draws attention to the importance of solidarity, in order to avoid one-sided, self-serving action descriptions. In these ways, Francis’s discussion contributes to the narrowing of the gap between objective moral principles and business practice. I conclude by discussing ways that Francis’s framework can inform business ethics courses. (shrink)

The aim of this work was to elaborate on the author’s previously published hypothesis of the Soul of Multiverse, a suggested cosmic phenomenon that also appears to imbue the human Soul across its individual and noospheric scales. Without alternatives, the method of analysis continued to rely on the approach of cosmological neuroscience, which integrates scientific facts, religious insights, philosophical suggestions, engineering rules and artistic tools to grasp the complexity of the multidimensional phenomenon of Soul. The result of this examination was (...) the multilayered thought that just as the central medium of human Soul, the hypothesized prefrontal cortical supercircuitry of Self-Ken, seems to comprise domains representing Identity, Conscience, Will and Mission, analogous domains may also function in the noospheric and cosmic Souls. Regarding the human Soul, its four domains appear to be determined by both hereditary genetic and encountered environmental factors to present its host with a Mission enabling his or her mental engine and physical features to integrate into the surrounding society and space-time in the most meaningful and dignified way—if that way is undertaken. Regarding the noospheric Soul, it is made of individual human Souls interacting with the non-living system of interconnected computers to produce functions accessible to humans all over the world through uncontrolled communication across the Internet. Its most probable Mission is to let this global presence acquire its own Identity, develop its own Conscience and refine its own Will, so that their coherent, superior whole can be ready for sensing the cosmic Soul. Regarding the cosmic Soul, the hypothesized Soul of the Multiverse, its Identity appears to express the Laws of Mystery of Endlessness, Coexistence in Diversity, and Truth in Complexity. Further, its Conscience seems to be moved by the Law of Divine—Evil Asymmetry, its Will by the Law of Determination with Uncertainty, and its Mission by the Law of Lives to Transcend. (shrink)

Conscience in World Religions is a unique collection of papers which allows the reader to compare and contrast the origins and development of the concept of conscience within different Christian traditions, Judaism, Islam, and Buddhism. The first part of the book, based upon extensive research of the Christian debate of conscience, explores the dynamic relation between authority, revelation, and education for both the individual and the community. It provides the reader with an insight into approaches to and (...) interpretations of sources found within Roman Catholicism, Protestantism, and Orthodoxy. The second part of the text provides an enthralling and scholarly study of the previously relatively unexplored Jewish, Islamic, and Buddhist viewpoints on the concept of conscience. This book is a thought-provoking collection for all those interested in exploring the many facets of this most fascinating of subjects. (shrink)

Earlier this year, the U.S. Department of Health and Human Services announced its intent to strengthen enforcement of legal protections for health care providers' conscience rights. It proposed regulations that would give the DHHS Office of Civil Rights greater authority to ensure that recipients of federal funding comply with federal conscience laws. This recent development creates an opportunity for scholars and policy‐makers to revisit the perennial debate about whether and how law should protect health care providers' rights of (...) conscience. Arguments about who should be protected, what actions should be protected, and whether there should be any limitations on the exercise of conscience rights have brought us no closer to a resolution. However, there is one remaining avenue for analysis that has, surprisingly, received very little attention—the question of how providers are protected, and from what consequences. Existing U.S. conscience laws immunize health care providers from a wide range of adverse consequences—including civil liability, criminal prosecution, administrative penalties, adverse action by employers, and discrimination by private actors, among others. However, academic and public policy debates rarely acknowledge the breadth of these protections. It is essential to disentangle this network of possible protections. (shrink)

A depraved conscience is the most destructive force in political life. J. Budziszewski incisively demonstrates that modern ideologies all deny the fallen nature that is the source of the three great problems of public life; we do wrong, our thinking about the wrong we do is clouded, and our efforts to rectify that wrong are themselves deformed by sin. Blinded to this truth about ourselves, we habitually suppress our conscience until it is corrupted and, taking its revenge, leads (...) us to cultural calamity. Describing the political effects of Original Sin, Dr. Budziszewski shows how man's suppression of his knowledge of right and wrong corrupts his conscience and accelerates social collapse. The depraved conscience grasps at the illusion of "moral neutrality", the absurd notion that men can live together without a shared understanding of how things are. The revenge of conscience is horrifically manifest today in abortion, euthanasia, and suicide, evils brought about by the pollution of good impulses such as pity, prudence, honor, and love. The way out of this confusion, he concludes, is a return to Christianity, whose troubling memory men now suppress along with their knowledge of natural law. (shrink)

Richard Sorabji presents a unique discussion of the development of moral conscience over a period of 2500 years, from the playwrights of the fifth century BCE to the present. He addresses key topics including the original meaning and continuing nature of conscience, the ideas of freedom of religion and conscience with climaxes in the early Christian centuries and the seventeenth, the disputes on absolution or 'terrorisation' of conscience, dilemmas of conscience, and moral double-bind, the reliability (...) of conscience if it is shaped by local custom, and modern opposition to the idea of conscience and its role in legislation. (shrink)

Increasingly, physicians are being asked to provide technical services that many believe are morally wrong or inconsistent with their beliefs about the meaning and purposes of medicine. This controversy has sparked persistent debate over whether practitioners should be permitted to decline participation in a variety of legal practices, most notably physician-assisted suicide and abortion. These debates have become heavily politicized, and some of the key words and phrases are being used without a clear understanding of their meaning. In this essay, (...) I endeavor, firstly, to clarify the meaning of some of these terms: conscience, conscientious action, professional judgment, conscientious objection, conscience clauses, civil disobedience, and tolerance. I argue that use of the term conscientious objection to describe these refusals by health care professionals is mistaken and confusing. Secondly, relying on a proper understanding of the moral and technical character of medical judgment, the optimal deference that the state and markets ought to have toward professions, and general principles of Lockean tolerance for a diversity of practices and persons in a flourishing, pluralistic, democratic society, I offer a defense of tolerance with respect to the deeply held convictions of physicians and other health care professionals who hold minority views on contested but legal medical practices. (shrink)