Search results for 'casuistry' (try it on Scholar)

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  1.  7
    Norbert Paulo (2015). Casuistry as Common Law Morality. Theoretical Medicine and Bioethics 36 (6):373-389.
    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin’s version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, (...)
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  2.  15
    Richard Brian Miller (1996). Casuistry and Modern Ethics: A Poetics of Practical Reasoning. University of Chicago Press.
    Did the Gulf War defend moral principle or Western oil interests? Is violent pornography an act of free speech or an act of violence against women? In Casuistry and Modern Ethics , Richard B. Miller sheds new light on the potential of casuistry--case-based reasoning--for resolving these and other questions of conscience raised by the practical quandaries of modern life. Rejecting the packaging of moral experience within simple descriptions and inflexible principles, Miller argues instead for identifying and making sense (...)
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  3.  40
    Mark Kuczewski (1998). Casuistry and Principlism: The Convergence of Method in Biomedical Ethics. [REVIEW] Theoretical Medicine and Bioethics 19 (6):509-524.
    Casuistry and principlism are two of the leading contenders to be considered the methodology of bioethics. These methods may be incommensurable since the former emphasizes the examination of cases while the latter focuses on moral principles. Conversely, since both analyze cases in terms of mid-level principles, there is hope that these methods may be reconcilable or complementary. I analyze the role of principles in each and thereby show that these theories are virtually identical when interpreted in a certain light. (...)
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  4.  24
    Carson Strong (1999). Critiques of Casuistry and Why They Are Mistaken. Theoretical Medicine and Bioethics 20 (5):395-411.
    Casuistic methods of reasoning in medical ethics have been criticized by a number of authors. At least five main objections to casuistry have been put forward: (1) it requires a uniformity of views that is not present in contemporary pluralistic society; (2) it cannot achieve consensus on controversial issues; (3) it is unable to examine critically intuitions about cases; (4) it yields different conclusions about cases when alternative paradigms are chosen; and (5) it cannot articulate the grounds of its (...)
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  5.  45
    Richard B. Miller (2000). Humanitarian Intervention, Altruism, and the Limits of Casuistry. Journal of Religious Ethics 28 (1):3 - 35.
    This essay argues that the ethics of humanitarian intervention cannot be readily subsumed by the ethics of just war without due attention to matters of political and moral motivation. In the modern era, a just war draws directly from self-benefitting motives in wars of self-defense, or indirectly in wars that enforce international law or promote the global common good. Humanitarian interventions, in contrast, are intuitively admirable insofar as they are other-regarding. That difference poses a challenge to the casuistry of (...)
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  6.  5
    Rob P. B. Reuzel, Gert-Jan van Der Wilt, Henk A. M. J. ten Have & Pieter F. de Vries Robbé (1999). Reducing Normative Bias in Health Technology Assessment: Interactive Evaluation and Casuistry. Medicine, Health Care and Philosophy 2 (3):255-263.
    Health technology assessment (HTA) is often biased in the sense that it neglects relevant perspectives on the technology in question. To incorporate different perspectives in HTA, we should pursue agreement about what are relevant, plausible, and feasible research questions; interactive technology assessment (iTA) might be suitable for this goal. In this way a kind of procedural ethics is established. Currently, ethics too often is focussed on the application of general principles, which leaves a lot of confusion as to what really (...)
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  7.  9
    Paul Cudney (2014). What Really Separates Casuistry From Principlism in Biomedical Ethics. Theoretical Medicine and Bioethics 35 (3):205-229.
    Since the publication of the first edition of Tom Beauchamp and James Childress’s Principles of Biomedical Ethics there has been much debate about what a proper method in medical ethics should look like. The main rival for Beauchamp and Childress’s account, principlism, has consistently been casuistry, an account that recommends argument by analogy from paradigm cases. Admirably, Beauchamp and Childress have modified their own view in successive editions of Principles of Biomedical Ethics in order to address the concerns proponents (...)
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  8.  19
    Hugo Adam Bedau (1997). Making Mortal Choices: Three Exercises in Moral Casuistry. Oxford University Press.
    In this provocative study, Bedau demonstrates the usefulness of "casuistry," or "the method of cases" in arriving at moral decisions. He examines well-known cases, including the aftermath of the sinking of the William Brown in 1841, that compel us to consider questions about who ought to survive when not all can. By doing so, we learn something about how we actually reason concerning such life and death situations, as well as about how we ought to reason if we wish (...)
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  9.  3
    Anders Nordgren (2002). Wisdom, Casuistry, and the Goal of Reproductive Counseling. Medicine, Health Care and Philosophy 5 (3):281-289.
    Reproductive counseling includes counseling of prospective parents by obstetricians, clinical geneticists, and genetic counselors regarding, for example, the use of assisted reproductive technologies, prenatal testing, and preimplantation genetic diagnosis. Two different views on wisdom and the goal of reproductive counseling are analyzed. According to the first view, the goal of reproductive counseling is to help prospective parents reach a wise decision. A specific course of action is recommended by the counselor in contrast to other possible alternatives. According to the second (...)
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  10.  4
    Ian Hunter (2010). Vattel's Law of Nations: Diplomatic Casuistry for the Protestant Nation. Grotiana 31 (1):108-140.
    This paper argues that Vattel's Droit des gens cannot be adequately interpreted as based on a philosophical principle, whether of universal justice or of raison d'état. Rather, Vattel unfolds his law of nations within a casuistical discourse where inconsistent principles are deployed strategically. This forms an ethical space in which universal justice can be continuously adapted to the exigencies of national self-interest as interpreted by the diplomat of a Protestant republican nation.
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  11. Peter Holmes (ed.) (1981). Elizabethan Casuistry. Catholic Record Society.
    Collection of cases with decisions attributed to Cardinal William Allen and Robert Persons, S.J. -- Collection of cases discussed at the English College, Douai (which was at Rheims from 1578 to 1593).
     
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  12.  6
    Ian Hunter (2012). Kant and Vattel in Context: Cosmopolitan Philosophy and Diplomatic Casuistry. History of European Ideas 39 (4):477-502.
    Summary A good deal of the late-twentieth-century commentary on Kant's ?Perpetual Peace? essay accepted its author's view that his conception of cosmopolitan justice had superseded the law of nations, some of whose leading exponents?Grotius, Pufendorf, and Vattel?Kant characterised as ?miserable comforters?. Focusing on the case of Vattel, in this paper I begin to subject Kant's claim to an historical investigation, asking whether his ?Perpetual Peace? did indeed supersede Vattel's Law of Nations in terms of the actual uses of the texts (...)
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  13.  10
    Kari Gwen Coleman (2007). Casuistry and Computer Ethics. Metaphilosophy 38 (4):471-488.
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  14.  21
    Edmund Leites (ed.) (1988). Conscience and Casuistry in Early Modern Europe. Editions De La Maison des Sciences De L'Homme.
    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 (...)
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  15. Thomas Southwell (2012). Caroline Casuistry: The Cases of Conscience of Fr Thomas Southwell, Sj. Published for the Catholic Record Society by the Boydell Press.
    The English cases -- Cases concerning marriage -- Cases concerning ecclesiastical fasts -- Appendix: List of faculties.
     
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  16. Albert R. Jonsen & Stephen Toulmin (1991). The Abuse of Casuistry: A History of Moral Reasoning. Philosophy and Rhetoric 24 (1):76-80.
    In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.
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  17.  38
    John D. Arras (1991). Getting Down to Cases: The Revival of Casuistry in Bioethics. Journal of Medicine and Philosophy 16 (1):29-51.
    This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modernday casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the ‘open texture’ of its principles, etc.) and discusses some problems with (...)
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  18.  56
    Carson Strong (2000). Specified Principlism: What is It, and Does It Really Resolve Cases Better Than Casuistry? Journal of Medicine and Philosophy 25 (3):323 – 341.
    Principlism has been advocated as an approach to resolving concrete cases and issues in bioethics, but critics have pointed out that a main problem for principlism is its lack of a method for assigning priorities to conflicting ethical principles. A version of principlism referred to as 'specified principlism' has been put forward in an attempt to overcome this problem. However, none of the advocates of specified principlism have attempted to demonstrate that the method actually works in resolving detailed clinical cases. (...)
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  19.  10
    Martin Calkins (2002). How Casuistry and Virtue Ethics Might Break the Ideological Stalemate Troubling Agricultural Biotechnology. Business Ethics Quarterly 12 (3):305-330.
    Abstract: This article begins by showing how recent controversies over the widespread promotion of artificially gene-altered foods are rooted in opposing ethical and ideological worldviews. It then explains how these contrasting worldviews have led to a practical, ethical, and ideological standoff and, finally, suggests the combined use of casuistry and virtue ethics as a way for both sides to move ahead on this pressing issue.
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  20.  24
    Ana Smith Iltis (2000). Bioethics as Methodological Case Resolution: Specification, Specified Principlism and Casuistry. Journal of Medicine and Philosophy 25 (3):271 – 284.
    Bioethical decision-making depends on presuppositions about the function and goal of bioethics. The authors in this issue of The Journal of Medicine and Philosophy share the assumption that bioethics is about resolving cases, not about moral theory, and that the best method of bioethical decision-making is that which produces useful answers. Because we have no universally agreed upon background moral theory which can serve as the basis for bioethical decision-making, they try to move bioethics away from theory. For them, a (...)
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  21.  18
    Martin Calkins (2001). Casuistry and the Business Case Method. Business Ethics Quarterly 11 (2):237-259.
    This article argues for the compatibility of casuistry and the business case method. It describes the salient features of casuistryand the case method, shows how the two methods are similar yet different, and suggests how elements of casuistry might benefit theuse of the case method in management education. Toward these ends, it shows how casuistry and the case method are both inductive and practical methods of reasoning focussed on single settings and real-life situations and how both methods (...)
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  22.  30
    Gregory E. Kaebnick (2000). On the Intersection of Casuistry and Particularism. Kennedy Institute of Ethics Journal 10 (4):307-322.
    : A comparison of casuistry with the strain of particularism developed by John McDowell and David Wiggins suggests that casuistry is susceptible to two very different mistakes. First, as sometimes developed, casuistry tends toward an implausible rigidity and systematization of moral knowledge. Particularism offers a corrective to this error. Second, however, casuistry tends sometimes to present moral knowledge as insufficiently systematized: It often appears to hold that moral deliberation is merely a kind of perception. Such a (...)
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  23.  65
    Soo Bae Kim (2009). The Formation of Kant's Casuistry and Method Problems of Applied Ethics. Kant-Studien 100 (3):332-345.
    This paper examines the methodological problem of casuistry by reference to Immanuel Kant's position on it. He addressed “Casuistical Questions” in his last work on ethics, Metaphysik der Sitten , in order to defend his position against attacks from scholars defending an Aristotelian (and also Ciceronian) eudemonistic viewpoint. It is argued that Kantian casuistry has much in common with the Aristotelian idea of emphasizing the moral objectives and sensibility of an agent in concrete circumstances. Nevertheless, Kant did not (...)
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  24.  42
    Albert R. Jonsen (1991). Casuistry as Methodology in Clinical Ethics. Theoretical Medicine and Bioethics 12 (4).
    This essay focuses on how casuistry can become a useful technique of practical reasoning for the clinical ethicist or ethics consultant. Casuistry is defined, its relationship to rhetorical reasoning and its interpretation of cases, by employing three terms that, while they are not employed by the classical rhetoricians and casuists, conform, in a general way, to the features of their work. Those terms are (1) morphology, (2) taxonomy, (3) kinetics. The morphology of a case reveals the invariant structure (...)
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  25.  12
    David E. Boeyink (1992). Casuistry: A Case-Based Methods for Journalists. Journal of Mass Media Ethics 7 (2):107 – 120.
    Linking abstract principles and concrete cases is not always easy. Beginning deductively with ethical theory requires an a priori choice of ethical principles which, when applied, may not take account of the complexity of real problems. But beginning with cases can result in a situationalism in which the normative role of ethical principles is slighted. Casuistry, a case-centered methodology, offers one way to bridge this gap. Casuistry's bottom-up strategy develops policy guidelines out of case analysis, building a middle (...)
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  26.  9
    Ana Smith Iltis (2000). Bioethics as Methodological Case Resolution: Specification, Specified Principlism and Casuistry. Journal of Medicine and Philosophy 25 (3):271-284.
    Bioethical decision-making depends on presuppositions about the function and goal of bioethics. The authors in this issue of The Journal of Medicine and Philosophy share the assumption that bioethics is about resolving cases, not about moral theory, and that the best method of bioethical decision-making is that which produces useful answers. Because we have no universally agreed upon background moral theory which can serve as the basis for bioethical decision-making, they try to move bioethics away from theory. For them, a (...)
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  27.  18
    Joseph P. Demarco & Paul J. Ford (2006). Balancing in Ethical Deliberation: Superior to Specification and Casuistry. Journal of Medicine and Philosophy 31 (5):483 – 497.
    Approaches to clinical ethics dilemmas that rely on basic principles or rules are difficult to apply because of vagueness and conflict among basic values. In response, casuistry rejects the use of basic values, and specification produces a large set of specified rules that are presumably easily applicable. Balancing is a method employed to weigh the relative importance of different and conflicting values in application. We argue against casuistry and specification, claiming that balancing is superior partly because it most (...)
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  28.  10
    Kathryn Montgomery Hunter (1989). A Science of Individuals: Medicine and Casuistry. Journal of Medicine and Philosophy 14 (2):193-212.
    Clinical medicine is the application of scientific principles, rules of thumb, and a store of practical wisdom embodied in narratives of individual cases to the care of a person who is ill. Physicians are taught to observe and report the individual case both as a means of fitting nomothetic generalizations to the given circumstances and as a way of refining those generalizations. This narrative construction of illness is a principal way of knowing in medicine. In this view, disease is not (...)
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  29.  13
    Loretta M. Kopelman (1994). Case Method and Casuistry: The Problem of Bias. Theoretical Medicine and Bioethics 15 (1).
    Case methods of reasoning are persuasive, but we need to address problems of bias in order to use them to reach morally justifiable conclusions. A bias is an unwarranted inclination or a special perspective that disposes us to mistaken or one-sided judgments. The potential for bias arises at each stage of a case method of reasoning including in describing, framing, selecting and comparing of cases and paradigms. A problem of bias occurs because to identify the relevant features for such purposes, (...)
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  30.  20
    Tom Tomlinson (1994). Casuistry in Medical Ethics: Rehabilitated, or Repeat Offender? Theoretical Medicine and Bioethics 15 (1).
    For a number of reasons, casuistry has come into vogue in medical ethics. Despite the frequency with which it is avowed, the application of casuistry to issues in medical ethics has been given virtually no systematic defense in the ethics literature. That may be for good reason, since a close examination reveals that casuistry delivers much less than its advocates suppose, and that it shares some of the same weaknesses as the principle-based methods it would hope to (...)
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  31.  25
    Albert R. Jonsen (1986). Casuistry and Clinical Ethics. Theoretical Medicine and Bioethics 7 (1).
    For the last century, moral philosophy has stressed theory for the analysis of moral argument and concepts. In the last decade, interest in the ethical issues of health care has stimulated attention to cases and particular instances. This has revealed the gap between ethical theory and practice. This article reviews the history and method of casuistry which for many centuries provided an approach to practical ethics. Its strengths and weaknesses are noted and its potential for contemporary use explored.
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  32.  11
    Kevin Wm Wildes (1993). The Priesthood of Bioethics and the Return of Casuistry. Journal of Medicine and Philosophy 18 (1):33-49.
    Several recent attempts to develop models of moral reasoning have attempted to use some form of casuistry as a way to resolve the moral controversies of clinical ethics. One of the best known models of casuistry is that of Jonsen and Toulmin who attempt to transpose a particular model of casuistry, that of Roman Catholic confessional practice, to contemporary moral disputes. This attempt is flawed in that it fails to understand both the history of the model it (...)
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  33.  8
    James M. Tallmon (1994). How Jonsen Really Views Casuistry: A Note on the Abuse of Father Wildes. Journal of Medicine and Philosophy 19 (1):103-113.
    Kevin Wildes has recently argued in the Journal that Albert Jonsen's model of casuistry is ill-suited to a secular world context, because this model is rooted in a particular history and because of the moral pluralism of contemporary society in which a content-specific method of moral reasoning cannot readily be deployed. Contra Wildes, two arguments are offered. First, casuistry is not tied exclusively to Roman Catholic theology; casuistry also has deep roots in Classical thought, roots that Jonsen (...)
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  34.  12
    Ronald Sandler (2005). A Response to Martin Calkins's “How Casuistry and Virtue Ethics Might Break the Ideological Stalemate Troubling Agricultural Biotechnology”. Business Ethics Quarterly 15 (2):319-327.
    Martin Calkins proposes the “combined use of casuistry and virtue ethics as a way for both sides to move ahead on [the] pressing issue [of agricultural biotechnology].” However, his defense of this methodology relies on a set of mistaken, albeit familiar, claims regarding the normative resources of virtue ethics: (1) virtue ethics is egoistic; (2) virtue ethics cannot defend any particular account of the virtues as the objectively correct ones and is therefore inextricably relativistic; (3) virtue ethics cannot supply (...)
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  35.  17
    Theo Van Willigenburg (1998). New Casuistry: What's New? Philosophical Explorations 1 (2):152 – 164.
    The aim of this article is to review the recent popularity of casuistry as a model of moral inquiry. I argue that proponents of casuistry do not endorse the particularist epistemology that seems to be implied by their position, and that this is why casuistry does not seem to present something really new in comparison to 'top-down' generalist approaches. I contend that casuistry should develop itself as a (moderately) particularist position and that the challenge for the (...)
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  36.  11
    Janie Harden Fritz (2011). Casuistry: Case-Based Reasoning for the Ethical Journalist. Journal of Mass Media Ethics 26 (1):88-92.
    (2011). Casuistry: Case-based Reasoning for the Ethical Journalist. Journal of Mass Media Ethics: Vol. 26, Media Accountability Part Two, pp. 88-92. doi: 10.1080/08900523.2011.532386.
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  37. Heinz-Dieter Kittsteiner (1988). Kant and Casuistry. In Edmund Leites (ed.), Conscience and Casuistry in Early Modern Europe. Editions de la Maison des Sciences de L'homme 185--213.
     
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  38.  10
    Richard B. Miller (1989). On Transplanting Human Fetal Tissue: Presumptive Duties and the Task of Casuistry. Journal of Medicine and Philosophy 14 (6):617-640.
    The procurement of fetal tissue for transplantation may promise great benefit to those suffering from various pathologies, e.g., neural disorders, diabetes, renal problems, and radiation sickness. However, debates about the use of fetal tissue have proceeded without much attention to ethical theory and application. Two broad moral questions are addressed here, the first formal, the second substantive: Is there a framework from other moral paradigms to assist in ethical debates about the transplantation of fetal tissue? Does the use of fetal (...)
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  39.  3
    Stanley Hauerwas (1983). Casuistry as a Narrative Art. Interpretation 37 (4):377-388.
    In a Christian context casuistry is a necessity because it provides the means by which we learn to check our particular telling of the story of God with the way our community tells it.
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  40.  8
    Kevin Wm Wildes (1994). Respondeo: Method and Content in Casuistry. Journal of Medicine and Philosophy 19 (1):115-119.
    James Tallmon has argued that my criticisms of Jonsen and Toulmin are ill founded. Tallmon argues that Jonsen and Toulmin argue for a method of rhetorical reasoning and not for a particular content. He argues that if one distinguishes the content and method of casuistry the Jonsen-Toulmin model can work. But Tallmon, like Jonsen and Toulmin, cannot escape the need for casuistry to have a content. Tallmon's response evidences that need since he assumes that there is a ‘Medical (...)
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  41.  1
    Malcolm Macpherson-Smith (1994). Anchor and Course for the Modern Ship of Casuistry. Cambridge Quarterly of Healthcare Ethics 3 (3):391.
    So much philosophical theory is irrelevant for the practice of ethics! How many wasted volumes of tortuous arguments and counterarguments have been written in search of an elusive theory of ethics that could be applied deductively, without modification, to produce “correct” answers under all circumstances to any ethical problem? The practice of ethics is much closer to the common sense casuistry approach outlined by Jonsen and Toulmin, in which we work from. intuitively grasped, paradigm, cases by way of analogy (...)
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  42. J. A. Arras (forthcoming). Methodology in Bioethics: Applied Ethics Versus the New Casuistry. For an Excellent Discussion of the Contrast Between Deductivism and Casuistry, See Paper Presented at a Conference on Bioethics as an Intellectual Field at the Institute for the Medical Humanities, Galveston, Texas.
     
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  43. David Bridges (2016). Working Without Shame in International Educational Development? From Consequentialism to Casuistry. Ethics and Education 10 (3):271-283.
    The central question addressed in this paper is about the ethics of engaging with educational development in countries perceived as undemocratic or as failing to respect human rights. More particularly, it examines the nature of the arguments that are brought to bear on this issue. It suggests that these are essentially consequentialist in character and hence fall prey to many of the limitations of such consequentialism, including the unpredictability of what will unfold, the indeterminacy of the consequences and the complex (...)
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  44. David Martin Jones (2011). 'Dissolving Allegiance to the Acknowledged Power Supreme': Milton, Casuistry and the Commonwealth. History of Political Thought 32 (2):316-344.
    Milton's status as a political thinker has endured something of a checkered career. Recent scholarship has attended both to the complexity of Milton's character and the classical ideals permeating his political thought. This essay seeks to clarify further Milton's defence of the commonwealth, by situating his polemical writings of 1649 to 1653 in the context of the Engagement debate about the character and extent of loyalty to the new free state. This sheds an interesting and neglected light both on that (...)
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  45. Mark G. Kuczewski (1994). Fragmentation and Consensus in Contemporary Neo-Aristotelian Ethics: A Study in Communitarianism and Casuistry. Dissertation, Duquesne University
    This dissertation examines the two most popular contemporary revivals of Aristotelian ethics, communitarianism and casuistry. I consider how these two schools of thought which take Aristotle's ethics as their starting point, can seem to be so diametrically opposed. The communitarian approach to ethics, personified by Alasdair MacIntyre, Michael Sandel, and Ezekiel J. Emanuel argues that a shared notion of the self or the good life must be sought prior to resolving ethical problems. Conversely, the new casuistic movement, exemplified by (...)
     
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  46. Edmund Leites (1988). Casuistry and Character. In Conscience and Casuistry in Early Modern Europe. Editions de la Maison des Sciences de L'homme 119--33.
     
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  47. Richard B. Miller (1996). Casuistry and Modern Ethics: A Poetics of Practical Reasoning. University of Chicago Press.
    Did the Gulf War defend moral principle or Western oil interests? Is violent pornography an act of free speech or an act of violence against women? In _Casuistry and Modern Ethics_, Richard B. Miller sheds new light on the potential of casuistry—case-based reasoning—for resolving these and other questions of conscience raised by the practical quandaries of modern life. Rejecting the packaging of moral experience within simple descriptions and inflexible principles, Miller argues instead for identifying and making sense of the (...)
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  48. Johann P. Sommerville (1988). The'new Art of Lying': Equivocation, Mental Reservation, and Casuistry. In Edmund Leites (ed.), Conscience and Casuistry in Early Modern Europe. Editions de la Maison des Sciences de L'homme 159--84.
     
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  49.  4
    Toby Lipman (2006). Evidence and Casuistry. Commentary on Tonelli (2006), Integrating Evidence Into Clinical Practice: An Alternative to Evidence‐Based Approaches. Journal of Evaluation in Clinical Practice 12 (3):269-272.
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  50. Baruch A. Brody (2003). Taking Issue Pluralism and Casuistry in Bioethics. Monograph Collection (Matt - Pseudo).
     
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