G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and (...) whether it marks an advance on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by Hume, Rousseau, (...) Kant, and Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

Law is a powerful force in human civilization. The growth and stability in society are generally linked with the gradual development of a system of legal rules, in addition to the instruments for their regular and effective enforcement. Law can be used to protect or harm the interest of man. This dimension raises the issue of the ‘validity of law’. The legal positivists posit that law is a ‘moral-neutral’ entity, and once it is enacted by the appropriate authority, it cannot (...) be adjudged immoral or unjust, by any standard outside the province of the law in question. The valid law for the legal positivists is law as enacted by the appropriate authority within agiven legal system. The Naturalists think otherwise. Cicero for instance believes that the validity of law is rooted on right reason in agreement with nature. In this paper I am more persuaded by the arguments of the Naturalists. I however present liberally the standpoints of the two opposing schools of thought – The naturalists and the positivists, with emphasis on the works of John Kelsen, Justice Homles, Cicero and Aquinas. (shrink)

Early modern natural law and the law of nations has been criticised for the Eurocentric character of its conception of law and justice, which has been in turn linked to its role in providing an ideological justification for European imperialism and colonialism. In questioning this account, the present chapter begins by noting that this historical critique presumes that a non-Eurocentric conception of law and justice was in principle available to the early moderns, which they culpably ignored for ideological reasons. (...) If such a non-Eurocentric conception was not available, though, then we will have to acknowledge that the early modern law of nature and nations was actually far more profoundly Eurocentric than even its most strident postcolonial critics have grasped. If the early modern law of nature and nations turns out to be wholly within the horizon of European cultures and designed to address fundamentally European political and religious problems, then its colonial uses might turn out to be both less central and less culpable than is presumed by postcolonial critique. These are the revisionist questions that the chapter explores. (shrink)

Kainz’s handling of natural law thinking in ancient Greece and Rome is precise, for although he uses as his chapter heading “Concepts of Natural Law in Ancient Greece and Rome,” he is careful not to ascribe explicit natural law thinking to the Presocratics, Plato, or Aristotle, though in the case of the latter two thinkers, especially Aristotle, they were arguing for what is the essence of natural law thinking: an eternal, unchanging, absolute standard for human (...) conduct. Kainz does use the caption, “Natural Law and Natural Justice in Aristotle”, but he qualifies it: “it is conceivable that natural human sociability itself constitutes a significant element of a latent natural law theory in Aristotle [but]... explicitly Aristotle neither enunciates nor expands on any natural law theory in the traditional sense”. This parsing is prudential since, if a thinker does not explicitly refer to a theory or position, it is not correct to say that he holds it. But when it comes to the Stoics, there is no need to temporize, as they were explicit, full-fledged natural law theorists. Kainz appropriately accords them the attention they deserve. It is remarkable to find overviews of natural law that omit the Stoics entirely. Chapters 2 and 3 reveal the bridge from natural law, as treated by Aquinas and Suarez, seen as part of divine law, to the secularization of natural law theory at the hands of Grotius and Hobbes. Although acknowledging that earlier thinkers like Robert Bellarmine and other scholastics had adverted to the possible validity of natural law without God, Kainz limns Grotius’s bold assertion of the independence of the natural law theory from any grounding in theological or religious premises as the decisive proclamation of the secularization of the natural law theory. Kainz’s discussion of Aquinas includes the very important question of whether Aquinas is “actually ‘deriving’ moral laws from natural inclinations—thus falling into the ‘naturalistic’ fallacy”? He puts that question to rest with the observation that Aquinas does not suppose that any deductions from natural law principles rely on the necessity used in theoretical reasoning but rather apply “for the most part” and thus have exceptions. Chapter 4 provides a glossary of frequently misunderstood concepts that are basic in natural law discussions, such as “nature,” “natural,” and “perversion.”. (shrink)

American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery (...) of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. (shrink)

In this paper I make four claims. First, there is an apparent contradiction in Spinoza’s theory of justice. On the one hand, in the Tractatus Theologico-Politicus (1670), he argues that justice is entirely conventional and depends on the ruler’s decision. On the other hand, in the later and unpublished Tractatus Politicus (1677), he claims that man really is a social animal and that we can articulate ideal forms of justice on that basis. Second, to address this apparent inconsistency, we need (...) to look at Spinoza’s use of early modern scholastic metaphysics. Although he rejects scholastic natural law theory, he has adopted another concept from the scholastics that is crucial for his theory: the notion of a ‘being of reason’ (ens rationis). Third, if we consider justice as a kind of being of reason, then we can resolve the apparent contradiction in Spinoza’s approach. I shall argue that concepts of justice are imaginative ‘beings of reason.’ They are products of convention that are not derived from general features of the world but from a particular set of circumstances. Fourth, Spinoza’s social ontology of political concepts like justice has some distinct advantages for contemporary theory. This approach shows how we might be able to provide a framework to integrate politics and natural science without reducing one to the other. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas on Imitation of Nature: Source of Principles of Moral Action by Wojciech GolubiewskiAnthony T. FloodGOLUBIEWSKI, Wojciech. Aquinas on Imitation of Nature: Source of Principles of Moral Action. Washington, D.C.: The Catholic University of America Press, 2022. xx + 309 pp. Cloth, $75.00Does Aquinas's ethical account necessarily rely upon his metaphysics of goodness and natural forms, or can we fairly interpret his ethics as merely cursorily connected (...) to these other aspects of his thought? Golubiewski offers a thorough and compelling case that Aquinas indeed bases his ethics on these various broader principles, such that proper practical principles inextricably and fundamentally are an imitation of nature.Golubiewski details the full range of scholarship on Aquinas's natural law theory in order to set up his meticulous and comprehensive analysis. He motivates his interpretation by examining two opposed positions in current discussion. On one side is the view championed by Stephen Brock and others that focuses on Aquinas's metaphysics of the good, along with "the imitation of nature as the 'imitation of the divine mind'" as crucial to an accurate understanding of the natural law. On the other side is Martin Rhonheimer, who maintains, "natural law is not the 'imitative reflex' of the 'natural order'." Rhonheimer wishes to avoid a moral physicalism that succumbs to charges of the naturalistic fallacy. Golubiewski sides with Brock and proceeds to show the extent to which the notion of imitation performs throughout Aquinas's ethical thought.Early in his analysis, Golubiewski notes that we should avoid an overly strict distinction between the two virtues of practical reason, namely, art and prudence. While art does have the specific sense of right reason regarding the making of things, Aquinas also uses it more broadly and analogically as conveying any kind of right reason. Thus, when Aquinas speaks of art, particularly in terms of right reason as an imitation of nature, this includes prudence and all of the moral virtues it directs. Moreover, the notion of art also pertains to God's creative act. Insofar as created natures are the effect of divine art, the parameters of their goodness are already determined. In the case of rational natures, they are not free to determine their own goodness. By imitating nature, a person imitates the mind behind nature.Golubiewski devotes considerable attention to the sources of moral knowledge. For human beings, the imitation of nature pertinent to right moral reasoning begins with the knowledge of sensible things, whereby we grasp the patterns, modes of operations, and inclinations of them. All [End Page 139] beings have a movement toward—a desire for—actuality, which in turn orients them to divine goodness. "In this way things 'desire' the divine goodness, according to their own 'immanent likeness' to it. They desire it insofar as they imitate it." Each kind of thing imitates God's goodness in its own, admittedly very limited way. Human nature has this same relation to God; thereby, proper human action is based on the same sort of imitation.This leads to a relevant analysis of the part/whole notion in Aquinas. Golubiewski remarks that we have an inclination not merely toward our own individual good but also to the good of the whole human community and ultimately God as the ultimate good. "Not only political virtue but all kinds of properly human virtues are intrinsically ordered to the common good. In this way all of them are part of general justice as ordered to reason in its imitation of nature." In light of the recent resurgence of interest in the precise connection between personal rights and the common good, Golubiewski's elaboration on these points might prove especially helpful to anyone desiring to bring Thomistic principles into the debate.Golubiewski proceeds to delve into the precise character of the inclinations of human nature as rational inclinations. The common intelligible structure of goodness entails three elements. One, the mode of each kind of thing's congruent action. Two, the virtuous dispositions as rooted in that nature. Three, the virtuous agency by which the proper good of that nature is obtained. In the case of human beings, the mode of obtaining goodness is... (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to (...) articulate what might be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into (...) the dark and violent world outside law’s protection. He thus sacrifices his own safety to ensure the safety of others—he is a Dark Knight, a sentinel, fighting the nasty and brutish underworld of criminality in his effort to bring rational order to the world and protect the people of Gotham from criminal harm. This fight for justice is fuelled by a deeply private trauma: the murder of Bruce Wayne’s parents: a private desire for vengeance that Batman transcends. In navigating Batman’s jurisprudential dimensions, we are ultimately reminded that private desires and motivations are enfolded within the public structures of justice. (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

This essay lays out preliminary grounds for an alternative theological approach to animal ethics based on closer consideration of natural law theory and ethological reports of wild justice compared with dominant animal rights perspectives. It draws on Jean Porter's interpretation of scholastic natural law theory and on scientific narratives about the laws of nature to navigate the difficult territory between nature and reason in natural law. In Western societies, attempts to detach from our animal roots have (...) fostered forms of legal provisions that treat animals as property rather than as living, social beings entangled with human societies. (shrink)

In a recent article [4], Fred I. Dretske has proposed a new analysis of natural laws. Dretske rejects the more or less standard view which says that laws are universal truths with a special function or status in science. As an alternative account, he suggests that laws are expressed by singular statements describing the relationship between universal properties and magnitudes: the statement It is a law that F's are G's3.is to be analysed as F-ness ↦ G-ness.I shall argue, (...) however, that Dretske's reasons for rejecting the standard account are not conclusive. Moreover, his own proposal seems to be either inadequate or reducible to that version of the standard account which takes laws to be nomically necessary generalizations. (shrink)

Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature (...) of moral pluralism; the limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists. (shrink)

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and (...) their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)

The property arrangements of the Republic are often linked to Plato's biographical and historical background, especially to his alleged aristocratic prejudices against moneymaking. Contrary to this, I argue that they are based on one of his central philosophical theories, i.e. on his conception of justice. According to Plato, justice involves the control of appetitive desires. Among these appetitive desires, the desire for money stands out for the following reasons given in the text: it is part of human appetite 'by nature', (...) it is 'insatiable', and it is connected with all of the other appetites; therefore it can be restrained by education only partially, and requires particular mechanisms of control. The Laws remain consistent with this assessment, but introduce less radical political measurements, which are in turn adopted by Aristotle in the Politics. (shrink)

In _The Priority of Prudence_, Daniel Mark Nelson proposes a reappropriation of a moral perspective that focuses on the cardinal virtues of courage, temperance, justice, and prudence. The study aims to recover and rehabilitate the virtue of prudence as a way of resuming a moral conversation that has been stalemated for too long. Nelson's main source for reviving the virtue of prudence is St. Thomas Aquinas's account of the cardinal virtues in the _Summa Theologica_. A primary problem with using Aquinas (...) as a source for reviving an ethics of virtue centered on prudence is that he is commonly perceived as the most prominent figure in the conflicting natural-law tradition. According to Nelson's reinterpretation, however, Aquinas teaches that moral understanding depends first and foremost on prudence working in accord with other cardinal virtues and that natural law functions to explain moral reasoning rather than to guide it. This study serves to advance the debate about the contemporary relevance of an ethics of virtue by way of its significantly more detailed explication of prudence. Nelson makes important connections between influential reinterpretations of the ethical theory of Aquinas that have been published during the last thirty years and widespread interest in an ethics of virtue that has been expressed by Alasdair Maclntyre, Stanley Hauerwas, William Sullivan, Robert Bellah, and others. _The Priority of Prudence _represents a significant contribution to the scholarly literature both in the study of Aquinas and in the debate on the ethics of virtue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by (...) Isidore of Seville in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Politics of Practical Reason: Why Theological Ethics Must Change Your Life by Mark RyanDavid ElliotThe Politics of Practical Reason: Why Theological Ethics Must Change Your Life Mark Ryan eugene, or: cascade books, 2011. 229 pp. $20.80If the spirited debate between Stanley Hauerwas and Jeffrey Stout remains front-page news in theological ethics, then Mark Ryan’s subtle and penetrating The Politics of Practical Reason will help (...) keep it there. Ryan argues that practical reason is the hinge of ethical thinking and that it is “political” in the sense of shaping the community or polis. Given this hinge, the pressing question is of course, “Whose practical reason?” To answer this, Ryan probes major contemporary ethicists from Charles Taylor to Alasdair MacIntyre, but the book always circles back to Hauerwas and Stout. Their debate is ultimately decided by proxy, through a mediating philosopher whose work on practical reason Ryan sees both as the gold standard and as the indispensable background for understanding Hauerwas. Expecting this to be MacIntyre, the reader may be surprised—and perhaps even convinced—that the philosopher who best explains and possibly vindicates Hauerwas is in fact Elizabeth Anscombe, Ludwig Wittgenstein’s protégé, close friend, and translator.The book opens with Anscombe’s Intention (1957), which Donald Davidson called “the most important treatment of action since Aristotle.” In it, Anscombe argued that intention presupposes desire and is declared in public language within a context of social practices presupposed for agency to be intelligible. The implication is that we form intentions as members of a community with a particular form of life sustained by social practices. With human desire as its motivating nisus, Ryan insists that intention “is part of the very form of practical reasoning, then, to be political” (144).Having retrieved Anscombe’s model of practical reason, Ryan examines the field of contemporary ethics to see who measures up. Charles Taylor fails to place agents in a particular community, locating us instead in that bloated abstraction called “modernity.” Ryan therefore concludes that Taylor’s is an “ethics for anybody,” which leaves the self finally disembodied (94–98). Stout fares little better due to his refrain that Hauerwas went astray when he abandoned justice talk. Ryan counters that Stout’s sort of justice should be abandoned; lacking a substantive vision of the good and a teleology of freedom, Stout’s justice is reckoned a blind guide who cannot see or say why the polis should pursue one end and not another. Hauerwas, on the other hand, specifies a particular polis within which practical reason can intelligibly function: the church. It has [End Page 218] a substantive vision of the good (i.e., the peaceable kingdom) located in a scriptural narrative displayed by social practices requiring formation in the virtues (119–21). Ryan therefore endorses Hauerwas’s politics of practical reason, indebted to MacIntyre and made possible by Anscombe.I see one lacuna in this otherwise excellent book. Ryan seemingly advocates a pragmatic model of practical reason that is wholly internal to the polis rather than grounded in “truths of human nature as such” (101). This makes Anscombe an uneasy ally. Her “Modern Moral Philosophy” famously proposed a retrieval of virtue that required an overhauled “account of human nature … and above all of human flourishing” (41). This move opened the door for ethical naturalism, perhaps even natural law—both of which Anscombe and the later MacIntyre endorse. But these look suspiciously like what Ryan calls an “ethics for anybody.” So in the end are Anscombe and MacIntyre turncoats, or do Hauerwas and Ryan not follow them far enough? This crucial question remains unanswered.Despite this wrinkle, Ryan’s book is the best intervention in the Hauerwas–Stout debate that we now have. It throws light on Hauerwas, challenges Stout, shows why Anscombe matters, and gives practical reason its generous due. Philosophically deft and charitable in tone, it deserves to be read and studied as a major contribution to the field.David ElliotUniversity of Notre DameCopyright © 2015 Society of Christian Ethics... (shrink)

Between 1787, and the end of his life in 1832, Bentham turned his attention to the development and application of economic ideas and principles within the general structure of his legislative project. For seventeen years this interest was manifested through a number of books and pamphlets, most of which remained in manuscript form, that develop a distinctive approach to economic questions. Although Bentham was influenced by Adam Smith's An Inquiry into the Nature and Causes of the Wealth of Nations, he (...) neither adopted a Smithian vocabulary for addressing questions of economic principle and policy, nor did he accept many of the distinctive features of Smith's economic theory. One consequence of this was that Bentham played almost no part in the development of the emerging science of political economy in the early nineteenth century. The standard histories of economics all emphasize how little he contributed to the mainstream of late eighteenth and early nineteenth-century debate by concentrating attention on his utilitarianism and the psychology of hedonism on which it is premised. Others have argued that the calculating nature of his theory of practical reason reduced the whole legislative project to a crude attempt to apply economics to all aspects of social and political life. Put at its simplest this argument amounts to the erroneous claim that Bentham's science of legislation is reducible to the science of political economy. A different but equally dangerous error would be to argue that because Bentham's conception of the science of legislation comprehends all the basic forms of social relationships, there can be no science of political economy as there is no autonomous sphere of activity governed by the principles of economics. This approach is no doubt attractive from an historical point of view given that the major premise of this argument is true, and that many of Bentham's ‘economic’ arguments are couched in terms of his theory of legislation. Yet it fails to account for the undoubted importance of political economy within Bentham's writings, not just on finance, economic policy, colonies and preventive police, but also in other aspects of his utilitarian public policy such as prison reform, pauper management, and even constitutional reform. All of these works reflect a conception of political economy in its broadest terms. However, this conception of political economy differs in many respects from that of Bentham's contemporaries, and for this reason Bentham's distinctive approach to problems of economics and political economy has largely been misunderstood. (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...) prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (shrink)

This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy in (...) the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. In the research sample, the German Federal Court of Justice was more inclined to introduce legal institutions that were foreign to the statutes and rule against the will of the lawmaker explicitly stated in the preparatory works. On the other hand, the Polish Supreme Court used logical conclusions more often, but did not also refrain from passing rulings against the clear wording of the statutory law, and was just as willing to go beyond the wording of the law as was the German Federal Court of Justice. Notably, only the German apex court is willing to openly admit that it creates new legal norms, whereas the Polish Supreme Court does not concede in the reasons that its decisions are of a law-making nature, especially when it applies so-called “interpretation in the wider sense”—which is, in essence, a “concealed” way of creating new legal norms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," "Christ," "Spirit," (...) and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes (...) through the proper ordering of their parts does not entail the elimination of diversity, but in many cases requires diversity. Aquinas argued that there are two ways of ordering parts within a whole. Firstly, the parts are ordered with respect to one another, and secondly, the parts are ordered toward an end. The ordering of a whole's parts to one another is always for the sake of the ordering of the whole to its extrinsic end. Aquinas argued that the good toward which the law directs a community is called the 'common good' of that community. The common good or common end toward which members of a community are ordered can be the sort of end that the agents bring into existence through their own actions such as justice within a community, or the sort of end that can exist apart from the actions of the agents. (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. -/- Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. -/- The volume is is published with an introduction by Michael D. Bayles. It is available in hardback, paperback, and as an ebook. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Matthew S. Santirocco JUSTICE IN SOPHOCLES' ANTIGONE Sophocles' Antigone is most often apprehended in terms of conflicts, an approach which the play does indeed invite. The personal clash of Antigone and Creon generates conflicts on many different levels— political (individual or family vs. state, aristocracy vs. democracy), theological (gods vs. men), philosophical (nature vs. law or convention), sexual (woman vs. man), even chronological (young vs. old). However, insofar as (...) no list can ever be so inclusive as the play itself, all such discussions tend by their very nature to be reductionist. And even if a balanced critique were possible at this level, a tragedy is not the sum of abstract conflicts; it is theatre, people in action. Furthermore, the conflict approach encourages us to ask the wrong questions. Although conflict need not imply resolution, critics persist in searching for it. Yet there is no resolution in the Antigone except by death. Similarly, such an approach invites us to ask who is right, Antigone or Creon. But in a very real sense this question misses Sophocles' point. Relevant, perhaps, to versions by Anouilh and Brecht, the question misleads when applied to the ancient play. It is interesting that we oversimplify, for Sophocles' sympathies are more expansive and complex than these modern interpretations of his myth. For all these reasons a valid alternative approach to the play may be to consider it not in terms of the conflicts incarnated in the personalities but rather in terms of one theme in the context of which all the conflicts are played out. The precise issue here, as so often in Greek tragedy, is a philosophical one. As the religious thought of an earlier era was yielding to judicial and political thought, and as older heroic ideals were being supplanted by a rationalistic view of man, tragedy's function in fifth-century Athens was, in part at least, to expose and explore these cultural displacements, either by affirming traditional values and concepts or else by questioning their continued validity. One such concept, perhaps the most recurrent in tragedy, 180 Matthew S. Santirocco181 is justice, dike. Originally a term used to refer to things as they are, dike came also to acquire a normative sense, things as they ought to be. At different times and in different contexts the word can signify custom or usage, law-enforcing authority, penalty, and ofcourse "justice" as a higher standard. Its precise semantic range is wide and fluctuating. Thus tragedy becomes, in a sense, a matter of vocabulary. In the Antigone the characters appeal to justice, but each defines it differently, so that the conflict is not so much between justice and injustice as between one sort of justice and another. The Oresteia of Aeschylus had earlier celebrated the transition from vendetta justice to courtroom justice. The Antigone, however, focuses not so much on the changes in dike as on a question these changes raise, namely the very possibility of dike. The establishment of the law court brought Aeschylus' trilogy to a resolved ending. Sophocles' vision in the Antigone is much more austere. Although he acknowledges the existence of an ideal of justice, he exposes the tensions and ambiguities inherent in it and thereby questions whether that ideal can ever be realized in the lives of men. II A key text concerning justice is contained in one of the choral odes. But can it be trusted? The tragic chorus is not, after all, the mouthpiece of the poet as was the comic chorus in Aristophanes' parabaseis. Nor is it always or necessarily the mouthpiece of the audience, SchlegeFs "ideal spectator." In the Antigone, as elsewhere, the chorus simply constitutes a panel of the population (here, of Thebes) and its perspective on the action is, if not omniscient, not particularly partisan either. Gordon Kirkwood has demonstrated the many dramatic functions of the Sophoclean chorus, including its ambiguities. In the Antigone no fewer than three odes are ambiguous, leaving in doubt the identity of the one who has disturbed order and right (332-75), who has violated the will of heaven (582-625), and whose mind has been perverted by love (781-816). Although the chorus may not be aware of the... (shrink)

The author considers, first of all, recent and fairly recent interpretations of Plato’s dialogue the Crito, arguing that the character Socrates, whose expressed ideas probably correspond in major detail to the convictions of the historical Socrates, is not saying that the laws of Athens demand unquestioning obedience. The dialogue is rather an account of the debate that goes on in Socrates’s mind itself. A strong consideration in this debate is clearly the rule of law; but equally strong is Socrates’s lifelong (...) commitment to carry out what, in the end, he regards as the most reasonable course of action. The author then considers two contemporary ethical issues: our way of coming to know the natural law and the proper understanding of laws that allow of exceptions. Regarding the first, he argues—consistently with what we find not only in the Crito but also in Aristotle and Thomas Aquinas—that we come to know the natural law through being immersed in the laws and customs of a particular society: the more just the society, the better access to the natural law it provides. Regarding the second, he argues that an article in Aquinas is sometimes interpreted as suggesting that the realm of concrete human experience is beyond the reach of law. He argues, in the spirit of the historical Socrates, that the rule of law is equivalent to the rule of reason and that this does reach into the realm of concrete human experience, where exceptions are sometimes recognized as contained in the law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and the General Will:Affirming Rousseau's Ancient OrientationDavid Lay WilliamsThere is much confusion about how to characterize the work of Jean-Jacques Rousseau. His thought has at various times been related to such dissimilar thinkers as Plato and Hobbes. From Plato he is said to have acquired his affinities for community and civic virtue. And one does not have to look too hard to find his praise for the great (...) sage of the Academy: "Plato only purified the heart of man."1 He was often eager to affiliate his ideas with those of antiquity. He yearned for modern society to rekindle the flames of a once-great civilization. "[W]hat keeps us [the moderns] from being men like them [the ancients]? Our prejudices, our base philosophy, and the passions of petty self-interest, concentrated together with egoism in all hearts by inept institutions in which genius never had any share."2 Despite his obvious admiration for the perceived greater ideas of the past, however, Rousseau also expressed some skepticism. James Miller has suggested that he held Plato's theory of the Forms to be unsustainable.3 Allan Bloom has likewise argued that Rousseau's "teaching is not... a revival of those of Plato.... If he admires the practice of antiquity, he does not accept the theory."4This has led many to argue that Rousseau is best understood as student of Thomas Hobbes. Roger D. Masters, for example, has suggested that "Rousseau's principles of political right can... be best described as a reformulation [End Page 383] of Hobbes' conception of the social contract."5 Arthur Melzer also argues, "The purpose of the doctrine Rousseau elaborates in the Social Contract is essentially the same [as Hobbes']."6 This view is argued on the grounds that the General Will is a positive or arbitrary standard, functioning as the primary principle of Rousseau's constructive political program. Yet the vision of Rousseau as a Hobbesian or modernist also merits skepticism. While he employs a social contract, as does Hobbes, he explicitly rejects traditional forms of positivism. "What is good and conformable to order is so by the nature of things and independently of human conventions."7 Whatever one might say about such passages, it at least raises the possibility that Rousseau is no modernist in the Straussian sense of defining Justice as human agreement.Much of what contributes to the conflicting interpretations of Rousseau can be attributed to different understandings of the relative priority and relationship of two central concepts in his writings. One of these is the well-discussed notion of the General Will. The dominant fashion is to read the General Will as a conventional substitute for natural law or transcendent Ideas. According to this reading, the General Will is grounded on nothing more than consent and functions as the first principle of all legitimate political societies. The other term central to Rousseau's program is the far less discussed but equally important concept of Justice. Little has been written on his understanding of Justice and, for that matter, he himself rarely discussed it explicitly. But it, too, could also be considered a primary principle. While it would be foolish to dismiss the importance of the General Will to Rousseau, it would be equally problematic to explore it independently of his Idea of Justice. The question in understanding his work is which of these two principles—the General Will or Justice—is primary or fundamental. If it is the General Will, a case can be made that the Straussians are right, and Rousseau is a positivist. If Justice is prior, on the other hand, then there is reason to believe that he was something much different.I argue that the positivist reading of Rousseau is flawed. Indeed, my thesis is that he is among the greatest and most thorough Platonists of the modern era.8 His rejection of Hobbes is not merely rhetorical. In fact, it represents the [End Page 384] true impetus of his social contract. This contract is designed explicitly to counter Hobbesian positivism. In the same way that Plato responds to Protagoras' positivism with his theory of the Forms, Rousseau responds to Hobbes... (shrink)

For much the greater part of Western history, moral and political thinking took fundamental guidance from "natural law," a standard of justice and human flourishing resting ambiguously on the dual foundation of the rational knowledge of human nature and the revelation of divine will. Modern politics and philosophy, by contrast, may be said to have emerged through the rise of a doctrine of "natural rights," which rested ambiguously on the rejection and the transformation of natural law. (...) In the present "postmodern age", as we struggle to comprehend just what modernity was and how it got started, we urgently need to re-examine the complex fate of natural law, especially in the work of such thinkers as Hobbes, Spinoza, and above all John Locke, the father of the modern, liberal, "rights-based" theory of the state. (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further (...) exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a (...) better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (shrink)

The morality of human actions consists in their reasonableness. An act is reasonable if doing that sort of thing under the circumstances is a reasonable application, in the particular circumstances, of general principles of action which are intelligible and obvious to virtually everyone. Such applications to particular events are conclusions, usually guided by derivative and subordinate principles of natural law and of human law, and do not, therefore, have the certitude of science; in fact, natural law principles occasionally (...) have exceptions. The sphere of human law, narrower than the sphere of natural law which includes the whole field of morality, is the interpersonal actions of men which bear some relation to the common good. Much of human law is an expression of or an application of the moral law. A human law is just only insofar as it is reasonably related to the achievement of the common good, the law has been enacted by a competent legislator and the burdens it imposes are not unreasonably distributed. The system of laws is effective to regulate conduct within society as a whole, not because of the individual’s fear of punishment, but because the society regards the law as a standard for right action. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he (...) is free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

This article offers an understanding of the law of negligence which explains its concern with both interpersonal justice and community welfare. It argues that close attention to the structure of the duty of care inquiry and the reasoning in duty cases suggests that the law of negligence has an underlying community welfare purpose, but that purpose is not to be found in notions of deterrence, compensation or the improvement of standards of behaviour. The community welfare purpose underlying the law of (...) negligence must be one that is more directly served by doing interpersonal justice. The best available explanation is that the law of negligence functions to maintain civil peace by providing an avenue of recourse for certain interpersonal wrongs. This analysis explains why the duty inquiry focuses primarily on considerations of interpersonal justice but, like other private law doctrines, also attends to the community welfare effects of imposing liability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," "Christ," "Spirit," (...) and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value (...) of personal autonomy, and the rejection of double effect reasoning. Chapter four engages in the task of pointing out structural weakness in utilitarianism and deontology. The thesis argues that major systemic weaknesses in both approaches can be overcome by a teleology of basic human goods. John Finnis' work becomes the underpinning of subsequent applied natural law analysis. Chapter five proceeds to argue for the defence of the intrinsic good of human life from direct attack. The thesis holds out for the proposition "that it is always a serious moral wrong to intentionally kill a human person, whether self or another, regardless of a further appeal to consequences or motive." In support of this, it defends the validity of double effect reasoning as an indispensable part of applied moral decision making. Chapter six critically assesses the arguments of anti-perfectionists that it is not the business of the state to enforce deep or substantive conceptions of the 'good life.' The chapter moves on to argue that the natural law conception of the person in society, centred on the common good, provides a solid framework for assessing both the justification for, as well as the limits on, the role of the state to use its power to legally impose certain moral standards. Chapter seven addresses the concrete relationship between natural law and legal policy by exploring the issue of assisted suicide in the constitutional context of the United States.















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In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Socrates Dissatisfied: An Analysis of Plato’s Crito by Roslyn WeissMark L. McPherranRoslyn Weiss. Socrates Dissatisfied: An Analysis of Plato’s Crito. New York: Oxford University Press, 1997. Pp. xii + 187. Cloth, $39.95.The speech by ‘the Laws’ of the Crito has commonly been understood as a case of Socratic ventriloquism, voicing a doctrine of authoritarian civic obligation that Socrates himself endorses. This, of course, generates the standard problem (...) of reconciling this docile son of Athens with the radically autonomous Socrates of the Apology, a man obedient only to the dictates of his own reason. Roslyn Weiss’s book sets out to challenge this mainstream reading.On Weiss’s account, the speech of the Laws is a piece of crafty Socratic rhetoric antithetical to Socrates’ own convictions. Its purpose, then, is to convince not the reader but the lawless and unphilosophical Crito that Socrates ought to remain in Athens, using terms that Crito can comprehend (terms that will benefit his soul by making him more law-abiding). Despite this false ‘oratory’ (50b6–8), however, Socrates’ own first allegiance is to “justice and philosophy” (3) whose principles dictate that he suffer the court’s judgment, “abiding by the things agreed to” at his trial (Cr. 50a2–3).Although others have argued for this thesis, this is the first book-length argument of its kind and it supersedes all previous attempts in its persuasiveness and its thorough and detailed treatment: sensitive not only to the dialogue’s Greek and argumentative structure, but also to its literary/characterological nuances, it establishes an important scholarly outpost on the interpretation of the Crito and a worthy challenge to Richard Kraut’s reading. It is, finally, written in a remarkably engaging, clean and effective style, addressing the secondary scholarship adequately, and providing a useful bibliography and general index (though, regrettably, no Index Locorum).The book essentially follows the text of the Crito in a series of nine chapters. After a short Introduction, Chapter 2 begins by portraying Socrates as an autonomous moral agent utterly devoted to justice; Chapter 3 distinguishes Crito from Socrates; Chapter 4 contends that 46b–50a outlines Socrates’ complete argument against escape (one compatible with the principles of the Apology); Chapter 5 unpacks Socrates’ hint at 50a–d that the Laws will be offering only rhetorical arguments; Chapter 6 outlines these arguments and their logical flaws; Chapter 7 addresses Socrates’ characterization of their effect as ‘Corybantic’ (54d); Chapter 8 explains how the Laws are able to “boost Crito to a higher rung on the moral ladder,” (6); and finally, Chapter 9 reaffirms the radical moral independence of Socrates.Provocative and impressive, the book is bound to provoke criticism and reservations in its readers. Here I can only record a sample of my own. First, it seems to me that Weiss’s desire to portray Socrates as a slave of reason and not the state leads her astray when she tries to account for Socrates’ apparent reliance on the extrarational (15–23). Weiss, for example, tries to map out a new third alternative to the opposition between Vlastos’ view that the daimonion is no more than a kind of subjective, contentless hunch and the Brickhouse, Smith and McPherran view that the daimonion can oppose and ‘trump’ the results of rational deliberation. As she sees it, for Socrates the daimonion is not a voice independent of, and in potential conflict with, his own thinking; rather, it is the voice of his own unconscious beliefs, restraining him for his own reasons from [End Page 620] doing what he is tempted to do in moments of weakness. There is much to be said against this account, but it will suffice to point out that whatever the true nature of the daimonion might have been, Socrates is not likely to have been sympathetic to Weiss’s analysis of it. All our evidence, after all, indicates that Socrates takes the cause of the daimonion to be a god or daimoôn in the traditional sense of those terms (see, e.g., Ap. 27b–28a). Weiss’s proposal also runs up against texts such as Lysis 218C4–8 and 215C4–5, where Socrates recounts an... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Politics of Practical Reason: Why Theological Ethics Must Change Your Life by Mark RyanDavid ElliotThe Politics of Practical Reason: Why Theological Ethics Must Change Your Life Mark Ryan eugene, or: cascade books, 2011. 229 pp. $20.80If the spirited debate between Stanley Hauerwas and Jeffrey Stout remains front-page news in theological ethics, then Mark Ryan’s subtle and penetrating The Politics of Practical Reason will help (...) keep it there. Ryan argues that practical reason is the hinge of ethical thinking and that it is “political” in the sense of shaping the community or polis. Given this hinge, the pressing question is of course, “Whose practical reason?” To answer this, Ryan probes major contemporary ethicists from Charles Taylor to Alasdair MacIntyre, but the book always circles back to Hauerwas and Stout. Their debate is ultimately decided by proxy, through a mediating philosopher whose work on practical reason Ryan sees both as the gold standard and as the indispensable background for understanding Hauerwas. Expecting this to be MacIntyre, the reader may be surprised—and perhaps even convinced—that the philosopher who best explains and possibly vindicates Hauerwas is in fact Elizabeth Anscombe, Ludwig Wittgenstein’s protégé, close friend, and translator.The book opens with Anscombe’s Intention (1957), which Donald Davidson called “the most important treatment of action since Aristotle.” In it, Anscombe argued that intention presupposes desire and is declared in public language within a context of social practices presupposed for agency to be intelligible. The implication is that we form intentions as members of a community with a particular form of life sustained by social practices. With human desire as its motivating nisus, Ryan insists that intention “is part of the very form of practical reasoning, then, to be political” (144).Having retrieved Anscombe’s model of practical reason, Ryan examines the field of contemporary ethics to see who measures up. Charles Taylor fails to place agents in a particular community, locating us instead in that bloated abstraction called “modernity.” Ryan therefore concludes that Taylor’s is an “ethics for anybody,” which leaves the self finally disembodied (94–98). Stout fares little better due to his refrain that Hauerwas went astray when he abandoned justice talk. Ryan counters that Stout’s sort of justice should be abandoned; lacking a substantive vision of the good and a teleology of freedom, Stout’s justice is reckoned a blind guide who cannot see or say why the polis should pursue one end and not another. Hauerwas, on the other hand, specifies a particular polis within which practical reason can intelligibly function: the church. It has [End Page 218] a substantive vision of the good (i.e., the peaceable kingdom) located in a scriptural narrative displayed by social practices requiring formation in the virtues (119–21). Ryan therefore endorses Hauerwas’s politics of practical reason, indebted to MacIntyre and made possible by Anscombe.I see one lacuna in this otherwise excellent book. Ryan seemingly advocates a pragmatic model of practical reason that is wholly internal to the polis rather than grounded in “truths of human nature as such” (101). This makes Anscombe an uneasy ally. Her “Modern Moral Philosophy” famously proposed a retrieval of virtue that required an overhauled “account of human nature … and above all of human flourishing” (41). This move opened the door for ethical naturalism, perhaps even natural law—both of which Anscombe and the later MacIntyre endorse. But these look suspiciously like what Ryan calls an “ethics for anybody.” So in the end are Anscombe and MacIntyre turncoats, or do Hauerwas and Ryan not follow them far enough? This crucial question remains unanswered.Despite this wrinkle, Ryan’s book is the best intervention in the Hauerwas–Stout debate that we now have. It throws light on Hauerwas, challenges Stout, shows why Anscombe matters, and gives practical reason its generous due. Philosophically deft and charitable in tone, it deserves to be read and studied as a major contribution to the field.David ElliotUniversity of Notre DameCopyright © 2015 Society of Christian Ethics... (shrink)

Archon or the Future of Government Hamilton Fyfe Originally published in 1927 "This is a good essay on the nature of government, or politics." Economic Review "Writes with a wide experience and an intimate knowledge". Daily Herald. This volume surveys the methods of government in the past and considers the conditions of government in the world of the early twentieth century. It predicts a system under which the affairs of communities will be managed by people specially trained for the job. (...) 90pp Cain, or the Future of Crime George Godwin Originally published in 1928. "Compels the reader to think…" Saturday Review "…makes out a strong case against the stupidity and cruelty of our present dealings with crime." Evening Standard In this volume the criminal is considered as curable and incurable; and the duty of Society to cure, in the one case and its right to destroy in the other, is discussed. Arguing that psychology is the rational instrument in the treatment of delinquency the volume then envisages criminal courts divested of power of punishment. 102pp. Solon or the Price of Justice C P Harvey Originally published in 1931. This volume calls attention to the exorbitant expense of civil actions. A scholarly review of the historical causes of this is followed by examination of the various solutions that have been proposed. 100pp Lycurgus or the Future of Law E S P Haynes Originally published in 1925 "A thoughtful book – deserves careful reading…" Law Times "A humane and conscientious investigation." T P’s Weekly This volume provides an analysis of the Law in England of the 1920s?? and deals with legislation, the law courts, criminal law, family law, land-laws, costs, international law, and individual liberty. 80pp. Fortuna Or Chance and Design Norwood Young Originally published in 1929 "Ingenious. His study of the "laws of chance" are not meant for those who wish to acquire sudden fortunes." T P’s Weekly. A philosophical essay on the subject of chance which is illustrated with examples from evolution, religion, economics and gambling. (shrink)

This paper aims to offer an analysis of `Against Hobbes ', the title of the second section of Kant's essay On the Common Saying: That May be Correct in Theory but is of no Use in Practice. The paper suggests that we should take the title `Against Hobbes ' seriously and that Kant meant to target Hobbes as the standard-bearer of the old regime and in particular Hobbes 's claim that the Head of state cannot act unjustly against his (...) citizens. It is argued that Kant's interpretation of Hobbes conforms to what can be regarded as the majority view in Hobbesian scholarship and that Kant poses a serious challenge to Hobbes, in so far as he removes the very foundations from Hobbes 's argument on justice, namely, a specific notion of natural law. Finally the paper highlights Kant's lack of interest in engaging with possible Hobbesian counter-arguments. Key Words: civil law • justice • morality • natural law. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a (...) fresh start in natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:156 BOOK REVIEWS ject could never arrive at a viable metaphysics and shows effectively that Marechal's subject was never in isolation from the objects of sensation and thought. On the other side, he presents the PDM as an alternative to the soft theism of thinkers like Hans Kiing and as a promising approach in contemporary epistemological debates involving Thomas Kuhn, Richard Rorty, Joseph Margolis, and many others. The historians (...) of philosophy will have to take up the critique of Matteo and Marechal on the many figures which they survey in PDM and QA. No one writer can cover so much ground without raising the ire of the specialists in particular thinkers or epochs. I shall simply say that the overview is helpful and that Matteo deserves credit for putting Marechal's readings to the test of his own reading of the works at issue. QA presents and evaluates this history with remarkable brevity, a virtue which can have its vicious side. I found the brevity to be a particular problem in the handling of Kant and of Marechal. The Critique of Pure Reason and PDM are elaborate analyses of thought, and Matteo proceeds in such summary fashion towards the big conclusions that he does less than justice to these analyses. Being so summary turns out to be a problem in showing that PDM can escape the accusations of subjectivism and relativism made by its scholastic attackers and that it has a way around those problems in present-day controversies. I myself am a partisan of the epistemology and metaphysics Marechal and Matteo advocate, but I find many of my doubts about the project unresolved by its presentation in QA. My particular concerns here center on conceptual relativism and theistic objectivity, hut anyone who can resolve those doubts definitively will have done a monumental service not just for the reviewer but for humankind. Marechal himself had intended a sixth volume more straight-forwardly along the Aristotelian-Thomist line, something which bad health prevented. We should wish Matteo the good health to develop the ideas of PDM and QA at the greater length required to achieve fully the promise claimed for them in this fine book. MICHAEL J. KERLIN La Salle University Philadelphia, Pennsylvania The Priority of Prudence. By DANIEL MARK NELSON. University Park: Pennsylvania State University Press, 1992. Pp. ix + 164. $26.95 (cloth). In recent years, we have seen a number of attempts to recapture the natural law doctrines of Thomas Aquinas. This book is another such BOOK REVIEWS 157 attempt, and in it Nelson attempts to do two things. First, he tries to show that prudence is the most important of the virtues and is prior to nature in the process of determining the moral character of actions. Prudence is undoubtedly a highly important virtue because it is the train that carries the agent to the moral good and it must stay on track for the agent to realize fully the aims of morality. But it is not clear that it is prior to other virtues, or to nature itself, as Nelson contends, and a strong case can he made that charity is first among the virtues, and that prudence is determined by charity. Prudence is prior to the other virtues in the sense that they are all weakened by prudential failures, hut prudence wanders aimlessly, not only in the absence of the guidance of the other virtues, hut also without the guidance of nature itself. Cut loose from its secure grounds in nature, prudence and the other virtues collapse, and they need not only the secure standards provided by justice, fortitude, and charity, hut also of nature to he authentic. Second, he is trying to show that Aquinas is not so much a natural law moralist as he is a rationalist and a virtue theorist. To do this, he argues that nature serves merely an explanatory and foundational function for morality, and provides no information about moral judgments (p. 100). He subordinates nature to reason in order to resolve disputes between modern deontologists and consequentialists, hut in doing this he transforms Aquinas from a natural law moralist to a rationalist. He gives priority to reason at the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. BrockBrian BesongThe Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.Fr. Stephen L. Brock is arguably one of the most important contemporary contributors to the Thomistic understanding of natural law. Hence, the publication of (...) his updated and revised doctoral dissertation on the topic [End Page 289] of the metaphysics of natural law in St. Thomas will be gladly received by Thomistic scholars and moral theorists alike. In The Light That Binds, Brock's central task is to explain the metaphysics of the promulgation of natural law in man. Put differently although extant literature on natural law may be useful for action analysis—why lying is always wrong, say—less attention has been paid to the way in which natural law has been promulgated by God and is present in the human intellect. What literature is available, either as an explanation of St. Thomas or as criticism of the same, has failed to do Aquinas justice, so Brock argues.The book comprises seven chapters and an introduction. In the first chapter, Brock's central goal is to survey the ways in which (especially more recent) commentators of Aquinas have distorted the sense in which natural law constitutes genuine law, as well as the relationship between natural law and God. For, there is a line of thought on natural law, particularly prominent in the "new natural law" tradition, according to which the principles at the heart of the theory do not fully satisfy the four criteria of legitimate law given by Aquinas. Rival views have natural law constituting a real law, but in virtue of an epistemically explicit reliance on God as lawgiver, among other distortions. Figureheads surveyed in the chapter include Dom Odon Lottin, Ernest Fortin, and Francisco Suárez, among others.In the second chapter, Brock outlines and defends his positive view regarding the legal status of the natural law by way of continued discussion of Lottin, particularly Lottin's contention that St. Thomas was heavily influenced by a mid-thirteenth-century Franciscan tract, De legibus et praeceptis. Brock argues that St. Thomas conceives of natural law as having an even closer relationship to eternal law than is posited by the earlier Franciscan tract, and the rest of the chapter is largely focused on unpacking this close relationship. In sum, natural law is law because it involves a rational ordering by God of our intellect to the goods of our nature, a human participation in an eternal ordering of all things to their ends (i.e., the eternal law). We need not discover the source of the ordering—namely, God—in grasping the first principles of his ordering, as Brock explains here and elsewhere. But the strictly legal status of the principles requires that natural law comes from a legitimate authority, among other essential elements.Chapters 3 and 4 tackle the more human side of the metaphysics of natural law. More concretely, in these chapters, Brock explains the wheres and the whats of our possession of the natural law. For, not all ordering of objects to ends implies the sort of normativity we see in the natural law. Brute animals, among others, have natural inclinations too, and yet they are not governed through these instinctual drives by a natural law. Natural law [End Page 290] is present preeminently in the human intellect, Brock argues, and is not to be confused with the prerational drives that we share as part of our animal nature. God instills these rational drives—the light, as it were—into reason in such a way that an individual can grasp its force autonomously, as basic conceptional truths about what right and wrong consist in (72). Here it would have been nice for Brock to reflect briefly on how Aquinas's views on moral knowledge fit within his broader epistemological commitments, as the natural (conceptual) knowledge of right and wrong at first glance shares common ground with the Franciscan tradition on divine illumination as found in figures... (shrink)

In this article I argue the relevance of natural law for framing and addressing ethical issues raised by the practice of business in a global context. There are historical, as well as systematic reasons for this. On the historical side, it can be argued that the origin of modern economics is linked to a cultural context, still influenced by modern natural law theories. Thus, even if Hume’s moral theory is everything but a natural law theory, either in (...) the traditional or the modern sense, his “laws of nature” (fixation of property, rules for its transference, and promises) represent a systematization of the rules of justice necessary to preserve the space of economic freedom required for development of a commercial society. This systematization is in line with the classical approach to natural law, which nevertheless presents further advantages for developing an ethical approach to economic activity, since it brings with itself a conception of economic agency richer than that of Hume: a conception that is not necessarily linked to pursuit self-interest, but rather is inspired by ethical motives right from the start. Indeed, on the systematic side, the classical natural law is seen as the law of practical reason: a set of principles in charge of inspiring both virtuous action and legal practice, so that we can realize the human good. Assuming the embodied and social nature of human beings, as well as the various cultural realizations of humanity, a natural law approach to ethics is in a position to stimulate a dynamic and bottomup articulation of the personal and common good, concern for progress and sustainable development, universal principles and cultural variations. (shrink)

One of the most unsettling problems in the history of philosophy examines how mathematics can be used to adequately represent the world. An influential thesis, stated by Eugene Wigner in his paper entitled "The Unreasonable Effectiveness of Mathematics in the Natural Sciences," claims that "the miracle of the appropriateness of the language of mathematics for the formulation of the laws of physics is a wonderful gift which we neither understand nor deserve." Contrary to this view, this thesis delineates and (...) implements a strategy to show that the applicability of mathematics is very reasonable indeed. I distinguish three forms of the problem of the applicability of mathematics, and focus on one I call the problem of uncanny accuracy: Given that the construction and manipulation of mathematical representations is pervaded by uncertainty, error, approximation, and idealization, how can their apparently uncanny accuracy be explained? I argue that this question has found no satisfactory answer because our rational reconstruction of scientific practice has not involved tools rich enough to capture the logic of mathematical modelling. Thus, I characterize a general schema of mathematical analysis of real systems, focusing on the selection of modelling assumptions, on the construction of model equations, and on the extraction of information, in order to address contextually determinate questions on some behaviour of interest. A concept of selective accuracy is developed to explain the way in which qualitative and quantitative solutions should be utilized to understand systems. The qualitative methods rely on asymptotic methods and on sensitivity analysis, whereas the quantitative methods are best understood using backward error analysis. The basic underpinning of this perspective is readily understandable across scientific fields, and it thereby provides a view of mathematical tractability readily interpretable in the broader context of mathematical modelling. In addition, this perspective is used to discuss the nature of theories, the role of scaling, and the epistemological and semantic aspects of experimentation. In conclusion, we argue for a method of local and global conceptual analysis that goes beyond the reach of the tools standardly used to capture the logic of science; on their basis, the applicability of mathematics finds itself demystified. (shrink)

The idea of public reason is at the center of John Rawls's political philosophy. Public reason is a standard by which we measure laws and political institutions. This chapter discusses the practice of public reason, the moral basis of public reason, and the challenge posed by religious critics of public reason. It provides three possible answers to the question: What is the moral basis for endorsing this particular conception of democratic politics – public (...) class='Hi'>reason? It is Rawlsian concept of justice – the ideal of a fair system of social cooperation between free and equal citizens – which provides the moral basis for public reason. Given this basis, citizens then engage in the practice of public reason with one another. (shrink)