This article argues that the existing philosophy of EU law, such as it may be perceived, is flawed. Through a series of propositions it claims that EU law is infected by an underlying indeterminacy of ideal that has deeply affected the appreciation and realization of stated values. These values, the most fundamental of which appear in Article 6(1) of the Treaty of European Union, have been applied in a haphazard fashion and without an understanding of normative content. The European Court (...) of Justice has instead adopted a largely pragmatic approach that has focused on principles or virtues of governance rather than attempting to offer a way of satisfactorily defining values or ensuring their realization. The underlying philosophy thus appears to be based on a theory of interpretation (of original political will) rather than a theory of justice. The recent decision in Kadi paradoxically offers not only confirmation of the argument presented but also a judicial appreciation that a new direction may be desirable, one inspired by a law based on the predominance of fundamental values with particular emphasis on respect for fundamental rights. (shrink)

Modern mainstream ethical theories with its overemphasis on autonomy and non-interference have failed to adequately respond to contemporary social problems. A new ethical perspective is very much needed. Thanks to Carol Gilligan's 1982 groundbreaking work, 'In a Different Voice' , we now not only have virtue and communitarian ethicists, but also a group of feminist philosophers, charting a new direction for ethics that tempers modern ethics' obsession with autonomy, contractual rights, and abstract rules. Nel Noddings, in her 'Caring: A Feminine (...) Approach to Ethics and Moral Education', further contributed to this important discussion. In this work, Noddings proposes a new kind of moral ideal. She calls it "caring." Noddings defines "caring," as a direct, felt concern and action from the one-caring toward the well-being of the cared-for. In other words, care is a state of mental engrossment and motivational displacement that impels caring actions for the happiness of the cared-for and it transcends any rule-bound moral judgment. A caring attitude is best manifest in the spontaneous emotive bond of love between a mother and a child. This human relation of unscrutinized maternal love and care should be the model of ethics. Noddings's theory evokes a vigorous debate concerning whether or not the model can withstand rigorous philosophical scrutiny as a stand-alone ethical theory. This paper first discusses the strengths and weaknesses of a pure care ethics. Secondly, it demonstrates why both the Kantian and the Aristotelian attempts are unsatisfactory, and it offers a Confucian solution to the problems of care ethics. It argues that notwithstanding gender-oppressive practices that are at times associated with Confucianism, Confucian ethics of 'ren' (humaneness) is both more compatible with care ethics and is better equipped with conceptual resources than Kantian liberalism or Aristotelian virtue ethics to handle the moral predicament of the postmodern world. The paper demonstrates that care is an inherent element of Confucian 'ren' but that 'ren' is more than Noddings's care. It examines three essential principles that can be extracted from philosophical classical Confucianism: (1) an affectionate and particularistic approach to persons, (2) the mutual conditioning of the two prominent Confucian virtues -- humaneness (ren) and ritual propriety (li), and (3) the inseparability of the familial and the political self. The last section of the paper applies Confucian care ethics to concrete cases such as the geriatric care crisis and the problem of poverty. (shrink)

This paper addresses two issues. The first part deals with the classic question of human nature by focussing on the problem of human consciousness, in particular, the relationship between subjective and intentional consciousness. I argue for an essential link between subjectivity and intentionality by suggesting a phenomenological conception of the human condition. On this basis, the second part deals with what I call ‘humane’ ethics. This part shows that my conception of the human condition contains a humane approach to morality.

The Chinese ethical tradition has often been thought to oppose Western views of the self as autonomous and possessed of individual rights with views that emphasize the centrality of relationship and community to the self. The essays in this collection discuss the validity of that contrast as it concerns Confucianism, the single most influential Chinese school of thought. Alasdair MacIntyre, the single most influential philosopher to articulate the need for dialogue across traditions, contributes a concluding essay of commentary. This is (...) the only consistently philosophical collection on Asia and human rights and could be used in courses on comparative ethics, political philosophy and Asian area studies. (shrink)

Machine generated contents note: 1. Introduction; 2. Peace; 3. Rule of law; 4. Human rights; 5. Democracy; 6. Liberty; 7. The institutional ethos of the EU; 8. Towards the EU as a just institution; 9. Concluding proposals.