In the Preface to his best known work on moral philosophy, Kant states his purpose very clearly and succinctly: “The present groundwork is, however, nothing more than the search for and establishment of the supreme principle of morality, which already constitutes an enterprise whole in its aim and to be separated from every other moral investigation” (Groundwork 4:392). This paper will deal with the outcome of the first part of this task, namely, Kant’s attempt to formulate the (...) supreme principle of morality, which is the intended outcome of the search. It will consider this formulation in light of Kant’s conception of the historical antecedents of his attempt. (shrink)

This paper discusses the application of the supreme emergency doctrine from just-war theory to non-antagonistic threats. Two versions of the doctrine are considered: Michael Walzer’s communitarian version and Brian Orend’s prudential one. I investigate first whether the doctrines are applicable to non-antagonistic threats, and second whether they are defensible. I argue that a version of Walzer’s doctrine seems to be applicable to non-antagonistic threats, but that it is very doubtful whether the doctrine is defensible. I also argue that (...) Orend’s version of the doctrine is applicable to non-antagonistic threats, but that his account is not defensible, regardless of whether the threats are antagonistic or not. (shrink)

The UK Supreme Court’s recent judgement inMcCulloch v Forth Valley Health Boardclarifies the standard for the identification of ‘reasonable’ alternative medical treatments. The required standard is that of a reasonable doctor: treatments that would be accepted as proper by a responsible body of medical opinion. Accordingly, the assessment of consent involves a two-stage test: first, a ‘reasonable doctor’ test for identifying alternative treatments; followed by a ‘reasonable person in the patient’s position’ test for identifying the material risks of these (...) reasonable alternative treatments. The separation of consent into two stages is consistent with not only a certain conception of freedom but also a nuanced construct of respect for autonomy that has a normative base. Furthermore, reliance on a reasonable doctor in the first stage is in keeping with a sociological account of medical professionalism, which posits that only doctors, and none others, can determine what is a proper treatment. Yet, reliance on a reasonable doctor permits a plurality of standards for reasonableness, because differences in opinion among doctors are pervasive. The reasons for some differences might be acceptable as unavoidable imperfections in medical decision-making to a reasonable person. But reasons for other differences might be objectionable; and the resultant inequalities in medical treatments would be considered unfair. One solution is to make the plurality of reasonable alternatives available to the patient, but this would introduce practical uncertainty and it is rejected by the Court. The Court’s approach may be pragmatic; however, it seems to allow avoidable injustice in healthcare. (shrink)

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom to deny (...) issuing marriage licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and state may be required. Although the 2015 decision prevents the government from denying marriage to same-sex couples, the decision does not directly affect private businesses that choose not to provide services for same-sex weddings. It may, however, have an important indirect effect if laws are already present that prohibit sexual orientation discrimination. Therefore, the article explores possible avenues for protection from private. (shrink)

In this article, I explore the mythic narratives of the Yoruba-derived tradition of Candomblé Nagô to discern the attributes of its Supreme Being. I introduce Candomblé, offering an overview of its central beliefs and practices, and then present theological perspectives on the Supreme Being in African Traditional Religion as a basis for comparison with the myths I will examine. I consider the primary creation myths of Candomblé, emphasizing references to the tradition's Supreme Being and, analysing (...) these myths, I argue that Candomblé's Supreme Being, as depicted in these narratives, amounts to a limited god. This portrayal accounts for the absence of a problem of evil within the tradition. It suggests the moral ambivalence of Candomblé's Supreme Being and other high deities, as well as the world itself. This exploration sheds light on a lesser-explored tradition and its unique approach to philosophical dilemmas, distinct from the predominantly theistic framework of most philosophy of religion, and evinces that philosophizing through immersion in myths should involve appreciating the complexities and richness inherent in these forms of life, free from the imposition of external assumptions or biases. (shrink)

The opening chapters of Anselm's Monologion contain a ‘proof’ of a perfect being, which has received far less attention than the more famous Proslogion proof, and the ontological arguments derived from it. I wish to rectify this by developing an argument in defence of a crucial premise of the Monologion proof. This premise states that ‘the Good’, i.e. that in virtue of which numerically distinct things may all be good, must itself be a supremely good thing. I motivate (...) the argument before considering objections to both premises, as well as putative ‘parodies’ of my argument. Part of the motivation of my argument will involve the claim that the Good, if it is good at all, must be a paradigm good thing. I conclude that theists have a second kind of ontological argument at their disposal. (shrink)

This project explores the "contradiction" that critics contend lies at the heart of the Supreme Court's capital sentencing jurisprudence. The doctrine of "guided discretion," represents the Court's attempt to achieve both consistency and individuation in capital sentencing. Guided discretion rejects the unbridled sentencing discretion of an earlier era that resulted in sentencing decisions that were "arbitrary and capricious." At the same time, guided discretion requires juries to give individualized consideration to the facts and circumstances of individual defendants. Critics (...) contend that consistency and individuation are mutually exclusive, and that "guided discretion" is a contradiction in terms. ;The analysis first attempts to isolate the moral dimension of the capital punishment debate, arguing that such analytical clarity is essential to any defensible view of capital punishment. Second, it sets forth and defends the coherence approach to moral and legal justification, according to which the specific moral and legal principles relevant to capital sentencing are evaluated for their compatibility with the principles of the legal system more generally. Third, the analysis canvasses the traditional justifications for punishment, as well as the development of the Court's capital sentencing jurisprudence, and identifies retribution and deterrence as the most promising rationales for the death penalty. Fourth, the claim of contradiction is considered in the context of legal liberalism, which, contrary to critics, has ample resources to accommodate the doctrinal balancing act that guided discretion entails. Moreover, examination of a typical capital sentencing statute establishes that the doctrine of guided discretion is compatible with at least some forms of retributivism and with traditional principles of deterrence. Finally, the analysis recognizes the limits of philosophical consistency. The capital sentencing process presents daunting practical challenges that a theoretical defense of guided discretion cannot fully address. Substantial reforms are needed before the theoretical coherence of guided discretion can be translated into a constitutionally defensible capital sentencing process. (shrink)

According to Kant, the supreme principle of morality is: “act only according to that maxim through which you can at the same time will that it become a universal law” (G 4:421). This principle has come to be known as the Formula of Universal Law (“FUL”). Few philosophers believe it succeeds. But, I argue, few philosophers have understood what FUL means. This dissertation offers a full defense of FUL. It is, in fact, the supreme principle of (...) morality—and it can successfully derive a viable theory of permissible action and virtuous willing. Kant was right. Chapter 1 considers FUL’s role in relation to Kant’s subsequent formulations of the Categorical Imperative and the broader architectonic of duty he sets up in the Metaphysics of Morals. I argue that Kant’s formulations are equivalent insofar as they are each expressions of the very same moral principle. And I suggest that FUL’s two tests correspond to Kant’s later distinction between duties of right and duties of virtue. Thus, FUL’s contradiction-in-conception test can be used to derive duties governing permissible action, and FUL’s contradiction-in-the-will test can be used to derive duties governing virtuous willing. This sets up the framework for the remainder of the dissertation. Chapters 2 and 3 together interpret and defend Kant’s account of permissible action. In Chapter 2, I argue that we should fundamentally reconceive of the nature and purpose of Kant’s permissibility criterion. Kant’s contemporary interpreters have adopted too psychologistic an account of the maxim. Kantian maxims have little to do with the motivating principles of actual agents. Relying on Kant’s historical context and his account of maxims in rational agency, I argue that FUL tests means-end principles which describe act-types. When its permissibility test is applied to such principles, it can viably derive general duties. Chapter 3 continues this positive account of Kant’s permissibility test and defends it from common objections. I argue that the contradiction-in-conception test rejects an act-type when it would be inconceivable for all rational agents to be directly governed by the type’s means-end imperative as a universal practical law. So understood, FUL condemns act-types because: (1) they are hypocritically self-serving, (2) they inflict agential harm on other agents, or (3) they inflict self-harm motivated by self-love. I defend FUL’s derivations against such act-types against common criticisms, such as that they are circular or overbroad. Turning to prominent objections against Kant’s account of permissible action, I then argue that FUL correctly rules out all and only impermissible actions. Moreover, its conclusions are both nuanced and normatively defensible. In Chapter 4, I turn to Kant’s virtue ethics. I begin by considering the demands of Kantian virtue. I argue that we should reject accounts on which duties of virtue are merely less restrictive duties governing permissible action. Instead, I argue, they represent genuinely virtue-ethical requirements to promote morally worthy ends, namely, the ends of our own perfection and others’ happiness. I show that all of Kant’s duties of virtue can ultimately be traced back to one of these required ends. Then, I argue that FUL’s contradiction-in-the-will test can successfully derive our positive obligation to set the ends of virtue. I conclude that FUL is successful not only as a standard of permissibility, but also as the supreme principle of virtue. (shrink)

The unexpected passing of United States Supreme Court Justice Antonin Scalia left a vacancy on the Court in the midst of a presidential election year. As a result, the appointment process did not proceed in the same fashion as previous appointments. Instead, the Senate declared shortly after Justice Scalia’s death that it would not consider any candidate to fill the vacancy until the next president is elected. The Senate remained steadfast in this decision throughout the remainder of (...) President Obama’s term. -/- This Article analyzes the constitutional questions surrounding the Senate’s refusal to consider any nominee and argues the Senate has a duty to advise and consent in a timely manner. Additionally, it demonstrates how a politically-motivated delay threatens the integrity of the constitutional process for selecting judges, violates separation of powers concerns by politicizing the Court, and contradicts the express intent of the Framers of the Constitution. (shrink)

If Spinoza is a thinker very present in the Faculties of Philosophy, on the other hand, he is presented as one of the great forgotten of the humanist programs of secondary education. Contrary to what happened with other philosophers, who had more chance of spreading in non-specialized contexts (we can cite Nietzsche, Pascal, Plato or Schopenhauer as obvious examples), Spinoza is generally considered a excessively systematic author, and complex, whose works would have been written for a small group of scholars. (...) Nothing could be further from the truth. Spinoza’s life was full of completely surprising events, from his estrangement from the Jewish community (which repudiated him in a strict and disagreeable way), through his dalliances with heterodox currents which gradually grew in power, until his meeting with Leibniz and his intrepid travels. from one part of his native Holland to another. In this article, we examine the concept of desire in Spinoza's philosophy and its connection to the philosopher's decision to find the greater good. Since the greatest good, in turn, is nothing but its own enjoyment, we conclude that ignoring its existence, seeking it, and living it are, respectively, the conditions of the vulgar, the philosopher, and the wise, as what happened in the Garden of Epicurus. (shrink)

A book of beauty and simple wisdom that all can relate to, The Three Supreme Gifts provides a clear path and an in depth understanding of the three supreme truths introduced in its companion book, Love is the Seed: Teachings from the Spirit World. Lisa Hromada eloquently illustrates that you have all you need to attain self-mastery and create a life of your choosing-one of much greater joy, ease and inner peace-and improve any aspect of your life moving (...) forward. The three supreme gifts help you to more consciously grow beyond negative karmic and thought patterns, which in turn not only changes the course of your life at the very moment you begin to apply these supreme gifts, but forevermore. In Lisa's words, "You are about to delve into a subject of love, thought and free will from a different perspective than you may have previously considered." If you have ever wanted to know the meaning or purpose of your life, how to master or navigate your life, and really any question you may have about your life, it all comes down to what you have at this very moment. What you have is love, thought and free will. (shrink)

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal Law. (...) class='Hi'>This reading shows this derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

This article discusses the issue of abortion in the context of the dispute between progressive and neoconservative political forces in Brazil. The article analyses ADPF 442, a legal instrument known as a Motion of Noncompliance with a Fundamental Precept, which was lodged with the Supreme Court as part of a feminist litigation strategy in the country. The motion calls for the Supreme Court to decide on the constitutionality of the decriminalisation of abortion within the first 12 weeks (...) of gestation. Methodologically, the analysis combines a literature review with participant observation and corpus linguistics analysis. ADPF 442 is considered a key event in the use of judicialisation to voice demands for women’s rights in current-day Brazil, and this work examines the testimonies as representative of the discourse and strategies at play in the broader field of abortion and its major actors, both for and against its decriminalisation. (shrink)

Medical assistance in dying legislation in Canada followed much deliberation after the Supreme Court of Canada’s ruling in Carter v. Canada. Included in this deliberation was the Special Joint Committee on Physician Assisted Dying’s recommendation to extend MAID legislation beyond the inclusion of adults to mature minors. Children's agency is a construct advanced within childhood studies literature which entails eliciting children’s voices in order to recognise children as active participants in constructing their own childhoods. Using this framework, (...) we consider the possible extension of MAID legislation to most minors. We highlight important questions regarding how insights from children’s voices could be mobilised in the life or death context of MAID. We conclude that children’s voices have the potential to help determine their eligibility for MAID; however, incorporating children's voices in the context of MAID requires careful consideration due to the complexity of voice. (shrink)

According to Hegel, art in its ‘supreme task’ is engaged in ‘bringing to our minds and expressing the Divine, the deepest interests of mankind, and the most comprehensive truths of the spirit’. Raymond Geuss, in a highly illuminating paper, has connected Hegel’s conception of art’s supreme task with the project of theodicy. In this paper I explore Hegel’s aesthetics of comedy through this theodicy-based framework Geuss has proposed, and I consider what light this framework (...) can shed on comedy and, reciprocally, what light comedy can shed on it. In particular, invocation of a theodicy can give the impression of art as a kind of defense of the status quo. Yet Hegel’s brief, but pivotal remarks on comedy complicate this picture in an interesting way. The best comedy does reassure us about the basic rationality and goodness of the world. Yet Aristophanic comedy—the sort Hegel lauds as the best and the most truly comic—has a strongly social-critical streak that Hegel notes with great admiration. Hegel’s theory of comedy says as much about him as it does about the genre. But if we are attentive to Hegel’s remarks on comedy, they will offer us a point of resistance against overly Panglossian interpretations of the Hegelian supreme task of art and will help us better understand in what way active social criticism through art is compatible with that higher calling. (shrink)

The neutrality of the art and architecture of courtrooms and courthouses has dominated the public perception in the Indian context. The courtroom design and the visual artistic elements present within these judicial places have very often been considered to be insignificant to the notions of law and justice that they reflect. As art and architecture present certain historical narratives, reflect political allegories and have significant impact on the perceptions of their viewers, they have critical socio-political ramifications. This makes it (...) pertinent to explore them and investigate the paradox of their deployment and interpretation in today’s increasingly mediatized world. Through an ethnographic study of the Supreme Court of India, this paper interprets its art and architecture, and, the symbolism and semiotics reflected through them. Arguing against their neutrality and insignificance, the paper demonstrates how they reflect nationalism, certain ideologies and power-space dynamics. It further argues that they act as evidence of political metaphors related to justice, power and democracy. With a conversation between law, architecture and semiotics, the paper investigates the historical and spatial dimensions of its architecture and artistic elements. Mapping the Court’s architectural elements, I examine how the visual representation of ‘justice as virtue’ finds translation in its design through transfer of certain images, including the image of the ‘scales of justice’, into it, while absenting the notion of ‘justice as struggle’—to contemplate on how legal architecture gives evidence to the vexed relationship between law and justice and also of the break from the colonial past. (shrink)

This landmark volume in the Teachings of the Buddha series translates the Suttanipata, a text that matches the Dhammapada in its concise power and its centrality to the Buddhist tradition. Celebrated translator Bhikkhu Bodhi illuminates this text and its classical commentaries with elegant renderings and authoritative annotations. The Suttanipata, or “Group of Discourses” is a collection of discourses ascribed to the Buddha that includes some of the most popular suttas of the Pali Canon, among them the Discourse on (...) Loving-Kindness Sutta. The suttas are primarily in verse, though several are in mixed prose and verse. The Suttanipata contains discourses that extol the figure of the muni, the illumined sage, who wanders homeless completely detached from the world. Other suttas, such as the Discourse on Downfall and the Discourse on Blessings, establish the foundations of Buddhist lay ethics. The last two chapters—the Atthakavagga (Chapter of Octads) and the Parayanavagga (The Way to the Beyond)—are considered to be among the most ancient parts of the Pali Canon. The Atthakavagga advocates a critical attitude toward views and doctrines. The Parayanavagga is a beautiful poem in which sixteen spiritual seekers travel across India to meet the Buddha and ask him profound questions pertaining to the highest goal. The commentary, the Paramatthajotika, relates the background story to each sutta and explains each verse in detail. The volume includes numerous excerpts from the Niddesa, an ancient commentary already included in the Pali Canon, which offers detailed expositions of each verse in the Atthakavagga, the Parayanavagga, and the Rhinoceros Horn Sutta. Translator Bhikkhu Bodhi provides an insightful, in-depth introduction, a guide to the individual suttas, extensive notes, a list of parallels to the discourses of the Suttanipata, and a list of the numerical sets mentioned in the commentaries. (shrink)

Recently, the Supreme Court of Nigeria in Tega Esabunor v Faweya & Ors (2019) LPELR 46961 (SC) dismissed an appeal seeking to quash the order of a magistrate court for the transfusion of blood to a baby. The appellants contended that the court had no jurisdiction to make theorder. The crux of the case was whether the parents’ right to consent to the child’s treatment based on religious beliefs supersedes the child’s right to live, thus reflecting the tension between (...) a parent’s right to give consent to the choice of treatment for their child, and the court’s power to override such rights through the inherent parens patriae jurisdiction of the state. The case also reflects the tension between the freedom of a parent to practise their religion and the right of a child to live, in the medical context. This article examines the findings of the Supreme Court in Tega Esabunor’s case, considering whether the court’s decision is in line with the generally accepted practice on when the state can intervene if persons with parental responsibility refuse medical treatment for an incompetent child because of religious beliefs.Cases from other jurisdictions are analysed to ascertain the position of foreign courts. It is submitted that the Supreme Court’s judgmentreflects accepted international practice regarding parental refusal of consent for medical treatment of a child. (shrink)

The main purpose of the present paper is to introduce and explicate the position and services of the most brilliant character –Etemad-Al-doleh of the ruling era of Shah Abbass the first called Khajeh Mirza Hatam Beig Ordoobadi and his son-Talib Khan. Due to Shah's authority in this era, the paramount duty which can be assigned to the position of Etemad-Al-doleh was to control the geostrategy and military actions.After Shah Abbass, the first-and due to the fact that the kings were (...) brought up in seraglios and were far from gaining experience to manage the country, Etemad- Al-doleh developed his position so increasingly. According to the historical sources belonging to the Safavid era and itinerary of European, we can easily find out that Etemad-Al-doleh found his way into any governmental affairs. Based on the outstanding position of Hatam Beig and his son, it can be claimed that the social position is not considered just to promote the military officers ' ranks in Shah- Abbass era. Unlike the Safavi's point of view, the term of virtue- centered community was limited to recruiting the Georgian servants called "the establishment of the third military force". In the first decades, Etemad-Al-doleh enjoyed a valid social position and a proper background in tribunal. Studying the lives of supreme ministers shows us that the majority of them had court-based and military social origins. (shrink)

Should people be assisted to die or be given euthanasia when they are suffering from terminal medical conditions? Should they be assisted to die when they are suffering but do not have a ‘diagnosable medical illness?’ What about assisted dying for psychiatric conditions? And is there a difference morally between assisted suicide, voluntary active euthanasia and voluntary passive euthanasia?These are deep questions directly addressed or in the background of the productive discussion between Varelius and Young.1 ,2 Their focus is whether (...) doctors should assist people to die who are ‘tired of life’ and experiencing ‘existential suffering’. An example was Edward Brongersma, an 86-year-old man, who was tired of life but with no serious medical condition, who was assisted by Dr Philip Sutorius to commit suicide in 1998. In the Netherlands, where euthanasia is legal, the Dutch Supreme Court ruled in 2002 that this was wrong because "edical expertise, by its nature, does not extend to questions and complaints that do not have a sick- ness or ailment—mental or physical—as their source.3"Sutorius was convicted, but not punished.Robert Young, considering this case, concurs, concluding, "a physician may justifiably consider that an individual who is ‘tired of life’ should consult a non-medical, professional counsellor, and if that produces no change in outlook, choose suicide. Outside Switzerland, an individual who makes that choice has to then be determined enough to do so unassisted .2"I will argue that there is, within current medical ethics and human rights, a method of assisted suicide which could fall within the limits of the law. But first I will review some recent cases involving requests for dying. I will then discuss an alternative which some may argue addresses these cases, and those of …. (shrink)

Ahmed Mâhir, who was born in Kastamonu in 1860-70, is one of the last period Ottoman scholars and is known by the penname "Ballıkızâde". He lived in the 19th century, during the Constitutional Monarchy period when the West progressed in many directions and the Ottoman Empire began to lose land alongside its reforms. After taking lessons from the scholar Ahmed Hicâbî, he also gave lectures and educated many students, and taught tafsir and theology for thirteen years at Daru'l-Fünûn Faculty of (...) Theology and Medresetü'l-Vâizîn. In addition to this, the scholar, who has served as a member of the Supreme Court, a judge, and a deputy, also appears as a political personality. Mâhir, who has four published works, is one of the important personalities that Kastamonu raised in religious, political, and literary fields. In this study, the Constitutional Era and the position of the science of tafsir in this period are discussed. Secondly, after transferring information about Ahmed Mâhir's life, his exegesis method on the works of "Mu'cizât-ı Kur'âniyye" and "al-Fâtiha fî Tefsîri'l-Fâtiha" was examined. The qualitative research method and document analysis technique wasused for this study. In addition, the data were analyzed with the help of description, sampling and association techniques. The fact that Ahmed Mâhir has both a political and religious personality and that we have four works about him today makes it important to research him. In this context, the study aims to reveal Ahmed Mâhir's exegesis based on his works. A doctoral thesis on him, in which his mystical aspect was emphasized, and an article by the same person, again, two master's theses were made about the work he wrote in the field of Sufism. Some sources provide concise information about his life and works, and brief information given in some biographical or literature studies. But his works named "Mu'cizât-ı Kur'âniyye" and "al-Fâtiha fî Tefsîri'l-Fâtiha" have not been studied academically. This situation made this study important. In addition, the existence of various interpretations on whether the author's interpretation of Surah Fâtiha is original or not has caused us to consider this issue as a problem. As a result of our analysis, Ahmed Mâhir has conveyed the negative political or religious situations of his period, especially in his work "Mu'cizât-ı Kur'âniyye". Based on the idea that the Qur'an is perfect and contains everything, he used the verses to correct these situations. His work "el-Fâtiha fî Tefsîri'l-Fâtiha" shows us both the traces of the Ottoman tafsir accumulation of that period and that this scholar has a scientific tradition on tafsir, hadith, and literature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Men with Muskets, Women with Lyres: Nationality, Citizenship, and Gender in the Writings of Germaine de StaëlSusanne HillmanOn 23 May 1812 Germaine de Staël (1766–1817), Europe’s best-known enemy of Napoleon Bonaparte, set out from her estate on Lake Geneva to escape to England. In her reminiscences, she reflected on the pivotal event as follows:[A]fter ten years of ever-increasing persecutions [...] I was obliged to leave two homelands as a (...) fugitive, Switzerland and France, by order of a man less French than I. For I was born on the banks of the Seine, where his only claim to citizenship is his tyranny. He saw the light of day on the island of Corsica, practically within Africa’s savage sway. His father did not, like mine, devote his fortune and his sleepless nights to defending France from bankruptcy and famine; the air of this beautiful country is not his native air; how can he understand the pain of being exiled from it, when he considers this fertile land only as the instrument of his victories. [End Page 231] Where is his patrie? It is any country that accepts his domination. His fellow-citizens? They are whatever slaves obey his orders.1In this passage, de Staël deliberately links nationality and citizenship. In her view, citizenship status was acquired simply by being born on French soil. Her family’s tireless labors on behalf of the nation added another irrefutable proof of Frenchness. In addition, growing up in France and breathing the country’s invigorating air had created an emotional attachment that a person raised elsewhere simply could not fathom. We thus have a triad of birth/service/sentiment that connects the deserving individual to his or her nation (in this case la grande nation).In this essay I explore de Staël’s understanding of the twin concepts of nationality and citizenship through the lens of gender. Nationality and citizenship were of perennial concern to her thought, partly because of the turbulent times she lived in, partly because of her personal experience in exile. Influenced by history and literature, she early on admired the gallant men with muskets who heroically sacrificed their lives for the glory of the nation. But it was the exceptional women with lyres who were destined to act as the nation’s unifying agents by recreating the gallants’ deeds in writing. By imagining the nation these women fulfilled the supreme task of citizenship. In what follows I will argue that de Staël conceived of the ideal citizen as a woman writer or artist who served her nation by inspiring its members with enthusiasm and virtue.2 In elaborating her view of the superior woman as citoyenne and national muse she made an important contribution to the debate on the nation and the citizen.The only daughter of Louis XVI’s finance minister Jacques Necker and the salonnière Suzanne Curchod-Necker, of Genevan and Vaudois citizenship respectively, de Staël gained fame and notoriety through her brilliant conversational talents, political intrigues, and unconventional relationships with famous men. Though she considered herself a “true Frenchwoman” (véritable française),3 she was a citizen of Geneva and a Swedish subject by marriage, at least until 1803 when she took advantage of the Code Civil [End Page 232] and officially claimed French citizenship.4 Considering this multiplicity of conflicting loyalties, it is not surprising that her major writings reveal a sustained preoccupation with these issues.Despite their undeniable significance for early nineteenth-century European intellectual history, historians have so far devoted scant attention to de Staël’s writings. In fact, in the US, Staëlien studies have largely been dominated by literary criticism and theory.5 This has had the effect of prioritizing her novels over her non-fiction, downplaying the historical context of her oeuvre and, most grievously, ignoring de Staël’s historical contribution to socio-political thought.6 As a result of the complex ways in which her personal experience informed her writing, her oeuvre is best examined as a unified, though certainly inconsistent, whole. Her writings were rarely “products of intense deliberation, but rather reflections... (shrink)

Despite historic efforts to enact the Patient Protection and Affordable Care Act in 2010, national health reform is threatened by multiple legal challenges grounded in constitutional law. Premier among these claims is the premise that PPACA’s “individual mandate” is constitutionally infirm. Attorneys General in Virginia and Florida allege that Congress’ interstate commerce powers do not authorize federal imposition of the individual mandate because Congress lacks the power to regulate commercial “inactivity.” Stated simply, Congress cannot regulate individuals who choose not to (...) obtain health insurance because they are not engaged in a commercial venture. Several courts initially considering this argument have rejected it, but two federal district courts in Virginia and Florida have concurred, leading to numerous appeals and the near promise of United States Supreme Court review. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Criminal Law, Pain Relief, and Physician Aid in DyingFaye Girsh, Ed.D., Executive DirectorMadam:The article by Cantor and Thomas on “Pain Relief, Acceleration of Death, and Criminal Law” (KIEJ, June 1996) was a tortured attempt to develop criteria for the humane and compassionate physician who tries to serve the needs of a patient in unremitting pain. There are three areas that merit comment.The authors dealt with pain medications that might (...) have the undesirable side effect of causing death. They did not mention tolerance, which usually occurs in a patient with chronic pain and which would require exceedingly high doses to be effective. They did not mention barbiturates, which are preferable to opiates in causing death and which are used increasingly by compassionate physicians to answer the pleas of their suffering patients, but for which there is no excuse about alleviating pain. Would the criminal law just call the prescription of a lethal dose of barbiturates a reckless act and require conviction? Fortunately, juries, as the authors point out, do not balance these formulas on the head of a pin. When they see the circumstances under which these doctors do help their patients, they choose to nullify the law and would ignore the suggestions made in this article.The authors refer to the “consent” of the patient. They do not mention that these doctors are operating with more than consent; they are administering these medications because suffering patients are begging them to put them out of their pain and the indignities of the dying process. The article discusses the process as though it were the same as consent to elective surgery. These patients—with AIDS, cancer, and hopeless neurological degeneration—are not simply agreeing to a procedure; they are desperately seeking a way out. If the criminal law were to develop criteria for physician aid in dying, certainly one of them should be the active, witnessed, repeated request of such a patient for a certain, quick, painless, gentle death.The third point is that physicians do not face prosecution when administering no treatment to a patient whose life could be saved with treatment but who chooses not to receive it. This has been upheld by the U.S. Supreme Court; no criteria for suffering, alternatives, terminality, justifiability, or unbearability are required. The doctor can stand by while the patient dies what may be a protracted, difficult death, but it is within the law. What matters in this situation is the decision of the patient to refuse treatment, and that is absolute. How ironic that the patient who cannot refuse treatment must, with his or her doctor, jump through all these hoops to achieve a peaceful death.One worries that the physician who must balance the risk of “risky pain relief” against the accusation of recklessness will err in the direction of allowing [End Page 103] the patient to bear the pain rather than help with a dose of analgesics that might be considered beyond the stipulated “risk.”Why don’t we just be honest about it? Allow dying or hopelessly ill patients to make the decision about what they want by passing a carefully defined law allowing euthanasia rather than balancing the risk and trying to determine the “purpose” of the physician’s ministrations. We protect some patients from themselves while allowing others almost complete autonomy to make the choice of ending their lives. The authors were right in saying that proponents of rational laws consider this sheer hypocrisy.Faye Girsh, Executive DirectorHemlock Society U.S.A. Denver, COFaye Girsh misconceives our article’s objective as an “attempt to develop criteria” for the humane physician. Our goal in writing the paper was to analyze the current criminal law framework in the hope of sharpening debate and engendering normative critiques. We readily acknowledge tensions in the current legal framework and would support changes in that framework.Copyright © 1997 The Johns Hopkins University Press... (shrink)

Politics is among the most important concepts of al-Fārābī’s philosophy. For him, real happiness can only be achieved in a virtuous society and a virtuous society appears only in a regime led by the first chief. The most important feature of the first chief is that he communicates with the Active Mind. Religion is considered by al-Fārābī as the regime and life style implemented by the first chief in a virtuous society. This study tries to present how al-Fārābī perceives (...) religion philosophically and what is the need for religion in terms of making the laws required in the social life. From this point of view, we tried to reach the aspects of the relationship between religion and law. Furthermore, metaphysical foundation of laws and the role of the philosopher and prophet at the point of law-making were the other issues addressed. The features of the laws which will lead to this supreme goal and by whom they should be made as well as how they can be implemented and changed within the historical process were addressed. The place of Islamic law (fiqh) in the virtuous society was another aspect of the subject that was investigated. (shrink)

Analytical philosophers of religion widely assume that God is a person, albeit immaterial and of unique status, and the divine attributes are thus understood as attributes of this supreme personal being. Our main aim is to consider how traditional divine attributes may be understood on a non-personal conception of God. We propose that foundational theist claims make an all-of-Reality reference, yet retain God’s status as transcendent Creator. We flesh out this proposal by outlining a specific non-personal, (...) monist and ‘naturalist’ conception of God, which we call the ‘euteleological’ conception of God, and then considering euteleological interpretations of omnipotence, omniscience and divine goodness. (shrink)

I review the recent case of Edna Folz, a 73 year-old woman who was suffering through the end stages of very advanced Alzheimer's dementia when her case was adjudicated by the Wisconsin Supreme Court. I consider this case as an example of how courts are increasingly misinterpreting the ethical and legal decision-making standards known as substituted judgment and best interests and thereby threatening individuals' treatment decision-making rights as developed by other courts over the past two decades and (...) creating serious roadblocks to health-care providers' ability to render appropriate patient care. The Wisconsin Supreme Court held that Edna's legal guardian could not authorize withdrawal of Edna's treatment, ruling that as a matter of law, if an incompetent person is not in a persistent vegetative state, it is not in his or her best interests for life-sustaining treatment to be withdrawn unless (s)he has executed an advance directive or other statement clearly indicating his or her desires. (shrink)

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States (...) class='Hi'>Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. (shrink)

In what is quite possibly the most famous passage of the De revolutionibus, Copernicus implies that nobody could ever place this supreme flaming torch that is the Sun in another or better place than that from which it can illuminate everything simultaneously, namely the centre of this extremely beautiful temple that is our world. Considering the fact that he leaves an interrogatory twist to this argument of convenience, and since he makes this statement without any (...) justification as it seems entirely evident to him, certain Copernicans choose to illustrate this by means of an analogy: if indeed the Sun must be positioned thus, it is because the most appropriate place for the torch intended to illuminate the room is at its centre, and not in one of its corners. Despite the heliosophy of the Renaissance having been shared by both geocentrists and Copernicans alike, this "torch" argument does not appear to have achieved much success: rarely adopted by the Copernican camp, it was even contested by some of them; as for the geocentrists, it held no appeal for them whatsoever. Did this argument of convenience therefore not benefit from the self-evidence attributed to it by Copernicus, and from, in his wake, it's continued support by a good many commentators? As is often the case when it comes to the history of thought, the pseudo-obviousness of this argument is merely the fruit of a blatant anachronism: presenting heliocentrism as the cosmological system that finally grants the Sun its worthy centrality by placing it in the centre of the room and not in a corner, is to ignore the fact that this star of the day already enjoyed, in geocentrism, a centrality esteemed to be perfectly in keeping with both its dignity and its inherent illuminative function. Having lost their grasp on this worldview that no longer belonged to them, the Copernicans thus put forward an argument which, for the geocentrists, is worthless. Yet they could have argued the objective superiority of their centrality over that accorded to the Sun by geocentrism: while the latter is only numerical, on a purely planetary scale, and frankly fictitious, the former is thoroughly spatial, of cosmic proportions and, at least on first approximation, very real. In order to produce arguments of convenience that could carry their own weight, the protagonists of the new cosmology would have benefited from getting to know the world vision of their adversaries a little better instead of addressing them from their own point of view; similarly, instead of treating as an obvious fact that which is only evident to one of the two parties present, historians of scientific thought would also be well advised to have a better understanding of the world vision of those who history now considers as the losers! (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Criminal Law, Pain Relief, and Physician Aid in DyingFaye Girsh, Ed.D., Executive DirectorMadam:The article by Cantor and Thomas on “Pain Relief, Acceleration of Death, and Criminal Law” (KIEJ, June 1996) was a tortured attempt to develop criteria for the humane and compassionate physician who tries to serve the needs of a patient in unremitting pain. There are three areas that merit comment.The authors dealt with pain medications that might (...) have the undesirable side effect of causing death. They did not mention tolerance, which usually occurs in a patient with chronic pain and which would require exceedingly high doses to be effective. They did not mention barbiturates, which are preferable to opiates in causing death and which are used increasingly by compassionate physicians to answer the pleas of their suffering patients, but for which there is no excuse about alleviating pain. Would the criminal law just call the prescription of a lethal dose of barbiturates a reckless act and require conviction? Fortunately, juries, as the authors point out, do not balance these formulas on the head of a pin. When they see the circumstances under which these doctors do help their patients, they choose to nullify the law and would ignore the suggestions made in this article.The authors refer to the “consent” of the patient. They do not mention that these doctors are operating with more than consent; they are administering these medications because suffering patients are begging them to put them out of their pain and the indignities of the dying process. The article discusses the process as though it were the same as consent to elective surgery. These patients—with AIDS, cancer, and hopeless neurological degeneration—are not simply agreeing to a procedure; they are desperately seeking a way out. If the criminal law were to develop criteria for physician aid in dying, certainly one of them should be the active, witnessed, repeated request of such a patient for a certain, quick, painless, gentle death.The third point is that physicians do not face prosecution when administering no treatment to a patient whose life could be saved with treatment but who chooses not to receive it. This has been upheld by the U.S. Supreme Court; no criteria for suffering, alternatives, terminality, justifiability, or unbearability are required. The doctor can stand by while the patient dies what may be a protracted, difficult death, but it is within the law. What matters in this situation is the decision of the patient to refuse treatment, and that is absolute. How ironic that the patient who cannot refuse treatment must, with his or her doctor, jump through all these hoops to achieve a peaceful death.One worries that the physician who must balance the risk of “risky pain relief” against the accusation of recklessness will err in the direction of allowing [End Page 103] the patient to bear the pain rather than help with a dose of analgesics that might be considered beyond the stipulated “risk.”Why don’t we just be honest about it? Allow dying or hopelessly ill patients to make the decision about what they want by passing a carefully defined law allowing euthanasia rather than balancing the risk and trying to determine the “purpose” of the physician’s ministrations. We protect some patients from themselves while allowing others almost complete autonomy to make the choice of ending their lives. The authors were right in saying that proponents of rational laws consider this sheer hypocrisy.Faye Girsh, Executive DirectorHemlock Society U.S.A. Denver, COFaye Girsh misconceives our article’s objective as an “attempt to develop criteria” for the humane physician. Our goal in writing the paper was to analyze the current criminal law framework in the hope of sharpening debate and engendering normative critiques. We readily acknowledge tensions in the current legal framework and would support changes in that framework.Copyright © 1997 The Johns Hopkins University Press... (shrink)

Newman sought a via media—a middle ground—between “evidentialists,” who considered reason supreme and so disparaged faith, and “existentialists,” who wanted to create a fortress of faith impenetrable to reason. Examining the way people actually think, Newman identified three types of inference that lead people to make decisions. This inferential process, which is operative in the decisions of every day life, serves as a paradigm for understanding how the human mind—particularly the illative sense—operates in religious matters; accordingly, Newman presents (...) faith as a personal and reasonable inference. (shrink)

Cruelty and morality seem like polar opposites – until they join forces. Beware those who persecute in the name of principle... -/- Following in the steps of Michel de Montaigne, the distinguished political philosopher Judith Shklar has argued that cruelty should be considered the supreme evil and that we should put it first among the vices. The essence of cruelty is to wilfully and needlessly inflict pain and suffering on another creature – be it an animal or a human (...) being. Closely related to this vice are malice and sadism, both of which involve taking pleasure or delight in the suffering of others. Although cruelty might not be peculiar to human beings, it is a familiar and pronounced feature of human nature and social life. One important feature of human cruelty is the way that it varies, both with respect to its instruments and when it is occasioned, depending on our particular cultural and social circumstances. With this in mind, we can ask: what is the relationship between cruelty and morality? -/- . (shrink)

Can God be entirely and supremely just and also entirely merciful, without these two characteristics ending up in contradiction with each other? Anselm of Canterbury considers this question in several places in his works and provides rational resolutions demonstrating the compatibility of divine justice and mercy. This paper considers Anselm's treatment of the problem in the Cur Deus Homo, noting distinctive features of his account, highlighting the seeming incompatibilities between mercy and justice, and setting out his resolution of (...) the problem. (shrink)

The common periodisation in Ash‘ari kalām is Ibn Khaldun's distinction between the early and late periods over al-Ghazālī. Although some consider this as an artificial and unrealistic periodisation, we do not think so. For, it is not possible to understand and make sense of the logic and necessity of periodisation without knowing what exactly distinguishes these periods from each other and what kind of great differences and changes occurred in the latter period. The most important factor that distinguishes (...) the theological activities of the two periods is undoubtedly the Peripatetic philosophy that left its mark on the second period. The direct relationship established by the Ash‘ari theologians of the late period with philosophy has been the source of many changes in theology. These changes have manifested themselves in many areas from the understanding of method in theology to the theory of definition, from the use of evidence to the theories of nature, intellect and soul, most importantly from the notion of the Omnipotent God (al-Fā‘il al-Mukhtār) to the metaphysics of possibility-necessity, and from the cosmology of substance-accident to al-umūr al-‘āmma as the main subject-matter of metaphysics. Finally, the changes in the process that started with al-Ghazālī and evolved with Fakhruddīn al-Rāzī brought theology to the brink of philosophization, and at the end of the process, theology turned into a universal (metaphysical) discipline. This situation naturally led to a convergence between the metaphysical thought and theological thought. It is one thing to say that theology is the most honourable and supreme science, and it is another to reveal that it is universal. In this context, al-Ghazālī declared and substituted the Islamic theology as a religious universal discipline for the first time. Actually, this substitution has a hidden philosophical/metaphysical meaning and message. Al-Ghazālī 's characterisation of theology as a universal science can also be interpreted as a challenge to both the sciences of the field it belongs to and the sciences outside itself, with its disciplinary encompassing and priority for theology. It should not be forgotten that theology, while confronting and coming to terms with philosophy and metaphysics, integrating with the subjects it has taken into the field of study, on the other hand, it has to maintain and protect the religious character it belongs to and represents. (shrink)

The topic of abortion was in the limelight again in Dobbs v Jackson, where the US Supreme Court overturned the decision of Roe v Wade, ‘which guaranteed women and pregnant people a constitutional right to abortion’. While not bound by the judgment, this gives us an opportunity to reflect on the current law in South Africa which regulates the termination of pregnancy. The primary piece of legislation which governs abortion is the Choice on Termination of Pregnancy Act. Section (...) 2 of the Act lists the grounds under which one may lawfully terminate a pregnancy. One of those grounds relates to the period of the 13th up until the 20th week of the gestation period, and states that if a medical practitioner, after consultation with the pregnant woman, is of the opinion that the continued pregnancy would significantly affect the social or economic circumstances of the woman, then the pregnancy may be lawfully terminated. The question is: What exactly is meant by ‘social grounds’? This article considers this aspect from a legal perspective and attempts to provide clarity on the issue, in the hope that this will be of assistance to medical practitioners who are concerned about the outcome of their actions, when assisting persons in this position. (shrink)

This article intends to characterize the constructive function that the Indeterminate Duality may have played in Plato’s oral teaching. Far from being in itself – as some testimonia seem to suggest – the primary origin of evil, as origin of multiplicity the Indeterminate Duality can be perceived as intrinsically presupposed by Plato’s identification of the source of being with the supreme Good. The notion of good implicates for Plato namely an unconditioned impulse to relationality, which indicates that the (...) supreme Good is to be considered as supreme origin not only of unity, but also of multiplicity and alterity. In the absence of multiplicity and alterity, no real relation, and, therefore, no real manifestation of the Good could in fact take place. As a consequence, the Indeterminate Duality may be considered as source of that original differentiation as well as of that generativity without which the supreme Good would be discordant with its goodness. (shrink)

This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater (...) Glasgow and Clyde Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the (...) many headlines devoted to Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg. (shrink)

In this paper I consider Simone Weil’s notion of attention as the fundamental and necessary condition for mystical experience, and investigate Iris Murdoch’s secular adaptation of attention as a moral attitude. After exploring the concept of attention in Weil and its relation to the mystical, I turn to Murdoch to address the following question: how does Murdoch manage to maintain Weil’s idea of attention, even keeping the importance of mysticism, without Weil’s religious metaphysical background? Simone Weil returns to (...) the importance of attention throughout her writing. To attend, for Weil, means to empty oneself of all that is personal, primarily one’s will, which Weil sees as the essence of the human individual. This act imitates God’s act of creation, considered as a withdrawal in order to let something other than himself exist. Since such withdrawal represents God’s supreme act of love, salvation for human beings lies in the attempt to do likewise. By giving up one’s will, while desiring God with all of one’s soul, one creates the conditions for God to descend into the soul. This ‘passive activity’ is attention. Weil’s writings had a deep impact on Iris Murdoch’s moral philosophy. In particular, Weil’s concept of attention is carried into Murdoch’s thought almost unchanged, with one striking exception: the absence of God in Murdoch’s system. Just as surprisingly, Murdoch at the same time maintains that mysticism and spirituality are crucial for morality, nor does she wish to sever the connection between attention and mysticism. Is Murdoch being inconsistent? I believe not. But the idea of attention as a mystical concept, within a metaphysics which has no room for God, requires further examination. For Murdoch, attention is the central capacity of the morally good person. Attention is, like in Weil, connected with an emptying of the self (for Murdoch the Ego) and a renunciation of will, in order to let something external make an impression in the subject. However, in Murdoch’s philosophy such external impression is not given by God, but by reality itself. Thus far, it appears, the notion of mysticism would be unnecessary. Yet for Murdoch reality is not something that we passively perceive, but something that requires a moral faculty – attention – made up of selflessness and desire for the good, in order to be apprehended. Two elements of mysticism then begin to surface: firstly, apprehension of reality requires a faculty that is not purely intellectual, but that involves the whole of the individual, including intuitions that one may be unable to explain (which Murdoch is happy to call ‘the soul’); secondly, the reality thus apprehended is considered as transcendent, insofar as its truth, infinitely distant, transcends the individual’s complete grasp. Thus the mystic, in Murdoch’s system, is regarded as an ideal moral person, not because s/he is guided by God, but because of his/her selfless ability to attend to the world beyond oneself and intuit its moral and metaphysical truth. (shrink)

This chapter first presents two arguments for the permissibility of physician-assisted suicide (PAS) and euthanasia (E) to eliminate physical suffering. I then present a third argument for PAS and E on grounds other than eliminating suffering. The chapter next considers several objections to these arguments that might be raised by Neil Gorsuch, now a US Supreme Court Justice. In the course of this I present a fourth argument for PAS and E. (I assume throughout that a patient’s (...) free and informed consent is required and present.). (shrink)

In this discussion, we ponder the discourse about the ‘body of the Divine’ in the Indian tradition. Beginning with the Vedas, we survey the major eras and thinkers of that tradition, considering various notions of the Supreme Divine Being it produced. For each, we ask: is the Divine embodied? If so, then in what way? What is the nature of the body of the Divine, and what is its relationship to human bodies? What is the value of the (...) body of the Divine to the spiritual aspirant? We consider, where relevant, which views are pantheistic and which might be considered panentheistic. Panentheism is connected with discourse on the world as the body of God. It has origins in medieval Christian theology with anticipatory traces in Plato’s Timeaus. Under pantheism, were the world to end—were it to collapse or disappear irreversibly, perhaps, into a huge black hole—then God would disintegrate without a remainder as well; for in this view the Divine Spirit is the universe. The same is not true under panentheism which posits a more complex relationship between the Divine and the world. According to panentheism, God pervades the world—God is in the world—and at the same time, God sustains the world—the world is in God. This allows that God be greater than, transcendent of and independent of the world. In our conclusion we remark on how the views we have surveyed link to, resonate with, or dis-compare with the current—should one say revivified—interest in intellectual quarters with panentheism. (shrink)

This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be (...) killed in defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

This chapter argues that there is no reason that there won’t be physical disabilities in the life of heaven. To argue for this conclusion, the chapter considers what bodies will be good for in the life of heaven. On the one hand, if the life of heaven is physically dynamic, that is, where our bodies change and we can do things with them, like play rugby and climb mountains, physical disabilities can be part of the limitations that allow (...) the physical things we do to be difficult, which, in turn, allows us to achieve physical things. Since the possibility of achievement is important for a life supremely worth living, as the life of heaven is, God has no reason to eliminate, unilaterally, that is, without the person’s consent, physical disabilities in the life of heaven. On the other hand, if the life of heaven is physically static, where our bodies don’t change and we can’t do things with them, physical disabilities are neither a help nor a harm to such a life, and so God has no reason to eliminate unilaterally physical disabilities in the life of heaven. This then leads to the conclusion that God gives a person the option to retain or have eliminated their physical disability in the life of heaven. (shrink)

Consciousness has appeared as a term and a problem in modern science. Most scientists believe that it can be accommodated and explained by existing scientific principles. But I say it cannot, that it points beyond present day science to a whole new view of the Universe, in which Consciousness, and not matter, or matter/energy, is the true basis of the Universe. Consciousness is for modern science exactly what Light was for classical physics, all of our concepts for Reality must change. (...) And I go on to lay out my arguments for this new principle Consciousness, and what it real means, for our ideas about the Universe, the Earth, Ourselves and Spirit. In a nutshell, the hard problem of Consciousness the mind/body problem and the near-death experience are so hard they cannot be explained by any present day scientific principles and therefore call all of modern science into question. My arguments are up on PhilPapers and on the Galileo Commission's website. What I now want to do is work out the implications of Consciousness as the basic new principle, for how we deal with monumental issues now facing us in these times. Here are a series of articles about my themes. (shrink)

This paper examines the importance of artist names and artistic identity, especially as expressed in artist signatures, to the interpretation of ancient Greek pottery. Attention is focused on a calyx krater signed ΣϒPIΣKOΣ EΓPΦΣEN [sic], and it is argued that the non-Greek ethnikon used as artist name encourages a non-Athenian reading of the iconography. The painted labels for all six figures on this vase, together with parallels from other Athenian red-figure vases—including others from the Syriskos workshop—all suggest the (...) presentation of an alternative, un-Athenian world view. Okeanos, Dionysos, and Epaphos are read as representing faraway lands at the edges of the Ge Panteleia, or “entire earth,” while the central figure of Themis, Greek personification of divine right, is depicted pouring a libation to Balos, the Hellenized form of the Syrian supreme god Baal, thereby recognizing his status as a supreme deity. Other overtly political messages have been read elsewhere in the oeuvre of the Syriskos Workshop, where it seems that at least two distinct artistic identities were at play—the explicitly foreign “little Syrian,” and the more conventional Pistoxenos, or “trustworthy foreigner.” When explicitly signed on vessels, these artistic identities necessarily sway interpretation, whereas on the many unsigned pieces, the viewer is left to consider which identity is at play. (shrink)

This short essay explores the importance of fear and violence in the genesis and life of constitutions, with a particular focus on the case of secession. Secession has been seen as a taboo and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an extra legal fact. A turning point has been represented by the famous Reference of the Canadian Supreme Court on Québec. Finally, in the last part of this work I shall (...) try to present some arguments in favour of the explicit constitutionalization of a secession clause in multi-national federalisms. (shrink)

ABSTRACT This article begins with a consideration of whether the January 6, 2021, attack on the United State’s Capitol building can be considered a form of “legitimate political discourse” and compares the insurrectionists to the Black Lives Matter protest movement. Both movements, as different and antithetical as they are, raised meta-questions about how it is that we establish by means of law the forms to express dissent. It is proposed that “constitutionalism,” namely, the doctrine that the primary means to (...) create and sustain free institutions are constitutions, which were and are result of historical events, i.e., revolutions such as the French, the American, and Haitian, that nonetheless unleashed normative powers and aspirations. After an analysis of constitutionalism through the lens of the US Constitution, the text turns to an analysis of what here are called “constitutional deconstructions.” Six such deconstructions are discussed: of the written constitution itself, of the law, of rights, of the people, of the state, and finally, of the Supreme Court as the protector and ultimate reader of the constitition. In this last section, the 2021 Report of the Presidential Commission on the Supreme Court of the United States is considered. (shrink)

This article reflects upon the relationship between philosophy and theology. It further considers the persisting relevance of the specifically Hellenic inheritance of philosophy as contemplation and the Delphic exhortation, “Know thyself!” It concludes with reflections upon the role of imagination in relation to the philosophical idea of God as the supreme and transcendent causal principle of the physical cosmos.

This paper considers the maturation of the American Catholic tradition of social and economic thought in the seminal period between 1920 and 1940, particularly as encapsulated in the work of John A. Ryan. While different social ethical models emerged in the American Church during this time, the dominant school of thought was the liberal tradition associated with Ryan. This tradition, which Ryan described as "true economic liberalism," forged American political liberalism and papal critiques of secular modernity into (...) a new social ethical theory which became the capstone of prewar Catholic progressivism. True economic liberalism first manifested itself in critiques of the Supreme Court's description of "freedom" in Adkins v. Children's Hospital (1923). It took positive form during the 1920s in the widespread Catholic embrace of industrial democracy as a moral alternative to laissez-faire capitalism It was during the 1930s, however, when the Church confronted the economic crisis of the Great Depression, that true economic liberalism became a more totalizing system of social thought. It was also during the 1930s that this theory revealed the difficulties Catholic liberals have had in defining their relationship to a market economy and the state. On one hand, true economic liberalism provoked the creative maturation of Catholic thought and established the Church as a leading progressive critic of capitalism. At the same time, true economic liberalism circumscribed the possible depths of the Catholic moral critique. American Catholics liberals were so committed to constructing a social ethic that upheld "the priceless goods of liberty, opportunity, and democracy," that they accepted a reformed capitalism, guarded and chastened by religion, as the most desirable outcome for a modern economy. As John P. Carroll revealingly wrote, "The remedy, then, for the social evils. . . does not lie in the destruction of the present social system. The way to clean a house is not to dynamite it." By accommodating the Church's social ethic to the ideals of American democracy, liberal Catholics rejected radical reforms in favor of moderate legislative schemes which one writer described in Commonweal as "sniping at capitalism." It was for this reason that so many Catholics fawningly embraced the New Deal and, indeed, found in Franklin Roosevelt the supreme advocate for the principles set forth in Pius XI’s 1931 Quadragesimo Anno. (shrink)