In his ground-breaking series of films The Decalogue , Krzysztof Kieslowski creates an enigmatic character who appears in nine of the ten otherwise-disconnected films. Kieslowski neither names this mysterious man nor allows him one word of dialogue. In several of the films, the man is seen by other characters; in others he remains invisible to them. Sometimes he seems to influence the decisions of the protagonists; other times, he seems to remain a passive observer of their problems. Many scholars who (...) write on The Decalogue either do not note the «silent witness», or limit themselves to peripheral comments of little substance; others comment only briefly, and superficially on his enigmatic presence in one or other of the films. The present article offers a detailed analysis of the «silent witness» in each of the Decalogue films and develops a comprehensive synthesis of his critical moral significance in the series, proposing that the witness is an effective metaphor of the providential presence of the loving God for the protagonists; while respecting their liberty, he moves in their often-troubled lives, guides their moral decisions, gives them hope and brings them to higher levels of freedom and Christian responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a large (...) control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

In the language of secular bioethics, autonomy is always accorded first place in the hierarchy of values that has come to be referred to as the “Georgetown mantra” A dictionary definition of mantra is “a verbal spell, ritualistic incantation, or mystic formula used devotionally,” and the value placed upon autonomy is largely of this nature: uncritical and uncriticised. That there should be and are limits to autonomy is obvious, but these boundaries are undefined, little discussed, and mostly unexplored. To use (...) another metaphor, our emphasis on autonomy is an index of how far the pendulum has swung in an understandable and partly justifiable reaction from, earlier paternalism; has this swing approached its proper limit, and should we be seeking a less extreme and more balanced assessment of autonomy as a bioethical value? (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

In Homelessness, Liberty and Property, Terry Skolnik establishes a novel theory about the government's duties to end homelessness, maintain public property's value, and legitimize laws that regulate public space. In doing so, Skolnik provides new insight into how the property law system and the regulation of public space limit unhoused persons' freedom and political equality. The book deepens our understanding of how various areas of law, such as constitutional law, legal philosophy, criminal law, and property law, approach the reality (...) of homelessness and advances original arguments to provide new justifications for the right to housing. Skolnik concludes by offering a set of concrete proposals for how the government can reduce the incidence of homelessness and treat unhoused persons with greater concern and respect. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details. (shrink)

Liberty after Liberalism frees the concept of the active citizen from both the territorial confines of the nation-state and the limits imposed by republican, city-state models. Lawrence Quill advances a theory of global republicanism, one that is able to respond directly to the changing realities of political life. By adopting a "publicly ironic" approach to politics, Quill revives the idea of public freedom within a global context thereby providing an important supplement to contemporary theories of cosmopolitan democracy.

In the initial verses of Seven against Thebes, Eteocles recognizes the need of pronounce the right words as one of his duties as leader and defender of the city of Thebes. The concerns of Eteocles for what ought, or ought not, be said towards an imminent attack comes from a perception of language as a divine form of the world which base itself on the belief among the Greeks that words have a numen in itself and leads, thus, to (...) a prophetic fulfillment. The aim of this paper is, therefore, reveal the contribution of the word to the defense of the city in Seven against Thebes, by Aeschylus. (shrink)

This paper examines the legitimacy of the US government’s argument that it must “balance liberty and security” with regard to its policy of trying enemy belligerents in military commissions rather than federal courts. I distinguish between three senses of “balance,” and argue that the policy is ambiguous between the second (internal) and third (emergency external) senses of balance. Neither line of reasoning justifies the policy, however. On the second sense, it is unjustified because it constitutes an arbitrary limitation of the (...) rights of some for the sake of the security of others. It thus violates the government’s duty to decide questions of policy in accordance with accepted legal procedures. Alternately, if the policy is intended to be an exercise of emergency powers, then it violates what I call the government’s juridical duty to serve as a guardian of justice. I offer an alternative justification for emergency measures, one that is based on the model of self-defense. I conclude that although the exercise of military commissions in times of emergency can be justified, the current exercise is illegitimate. (shrink)

The passing of the French law that prohibits face coverings, such as the Islamic burqa, in public places ignited a complex philosophical and legal debate. Participants in the debate have typically focused on the boundaries between individual and religious liberties, on the one hand, and state-imposed limitations on public behaviors, on the other. The author of this paper wishes to introduce a change in perspective by concentrating instead on the duties immigrants have to the citizens of the countries that host (...) them. The author finds that, under certain circumstances, immigrants may have a moral duty to conform to the ethical preferences of the communities they have come to live and interact with. (shrink)

In the last few decades, residency in some of the world’s desired destination cities has become a privilege, as housing supply has not kept pace with population growth. This has led to a significant rise in housing prices and consequently to the exclusion of middle- and low-income populations on a large scale. These developments have received only scant attention in political theory despite their prominence in local policymaking and their contribution to processes of redrawing the boundaries of inclusion into local (...) political communities. My focus in this article is on the question ‘is it morally permissible for cities to sort members by economic means, and grant the better-off privileged access to residency?’ I explore this question by examining the main arguments used to support the city’s right to selectively admit would-be members. This allows me to delineate the limitations of the city’s general duty to be accessible to all segments of society and to present particular cases where the city has special obligations to incorporate nonmembers. (shrink)

We are currently witnessing an increasingly influential counterrevolution in political theory, evident in the dialectical return to classical political science pioneered most prominently by Leo Strauss and Eric Voegelin. In this context, the work of the relatively unknown Aurel Kolnai is of great importance. Kolnai was one of the greatest thinkers of the twentieth century to place the restoration of common-sense evaluation and philosophical realism at the center of his philosophical and political itinerary. In this volume, Daniel J. Mahoney presents (...) Kolnai's major writings in political philosophy, writings that explore - in ways that are diverse but complementary - Kolnai's critique of progressive or egalitarian democracy. The title essay contains Kolnai's fullest account of the limits of liberty understood as emancipation from traditional, natural, or divine restraints. 'The Utopian Mind, ' a pr, cis of Kolnai's critique of utopianism in a posthumous book of the same title, appears here for the first time. 'Conservative and Revolutionary Ethos, ' Kolnai's remarkable 1972 essay comparing conservative and revolutionary approaches to political life, appears for the first time in English translation. The volume also includes a critically sympathetic evaluation of Michael Oakeshott's Rationalism in Politics and an incisive criticism of Jacques Maritain's efforts to synthesize Christian orthodoxy and progressive politics. Privilege and Liberty and Other Essays in Political Philosophy is a searching critique of political utopianism, as well as a pathbreaking articulation of conservative constitutionalism as the true support for human liberty properly understood. It is a major contribution to Christian and conservative political reflection in our ti. (shrink)

Karl R. Popper: The open society and its enemies -- Ralf Dahrendorf: Liberty and civil society -- Raymond Plant: Social welfare without class warfare -- Gertrude Himmelfarb and Irving Kristol: The moral imagination -- Raymond Aron: The opium of the intellectuals -- Friedrich A. Hayek: The constitution of liberty -- Isaiah Berlin: Liberty and pluralism -- Michael J. Oakeshott: The conservative disposition -- Leo Strauss: Relativism and the crisis of modernity -- Edmund Burke: Liberty and duty -- James Madison vs. (...) Jean-Jacques Rousseau: Two views of self-government -- Alexis de Tocqueville: Democracy in America -- Winston S. Churchill: The English-Speaking Peoples and the Free World -- Limited and accountable Government -- Two kinds of rationalism -- Liberty as conversation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:On Secular Governance: Lutheran Perspectives on Contemporary Legal Issues ed. by Ronald W. Duty and Marie A. FailingerElisabeth Rain KincaidOn Secular Governance: Lutheran Perspectives on Contemporary Legal Issues Edited by Ronald W. Duty and Marie A. Failinger grand rapids, mi: eerdmans, 2016. 382 pp. $45.00In editing this collection of essays, Ronald Duty and Marie Failinger describe their goal as seeking "to bring more Lutheran voices to the pressing (...) legal issues" in local and global contexts (1). They point out that in discussions between the fields of religion and law to date, "Jewish, Muslim, Catholic, and Reformed perspectives have largely dominated" (1). In bringing Lutheran perspectives to questions of law and religion, this collection begins an important task of retrieving a theological perspective on law that was integral for the formation of modern legal thought but has been largely absent from contemporary discussions of law and religion.The strength of this collection of essays lies in the breadth of contemporary legal questions addressed and in the diversity of perspectives offered. Since, as Duty and Failinger point out, recent Lutheran scholarship has been relatively silent on questions of law and religion, there is a broad field of issues to explore. This collection avoids too narrowly focusing on any one "hot-button" issue of law and religion, such as questions of religious liberty or relationship between church and state, although these questions are addressed. Rather, it benefits from a truly expansive view of contemporary legal issues and includes essays on issues as diverse as immigration reform, family law, fiduciary duties, military chaplaincy, and water rights in the American Southwest. The collection also shows geographical breadth, and looks beyond the contemporary American and European legal arena to consider how theology could affect law in Nigeria and Rwanda. The volume also benefits from a wide range of theoretical approaches, including contributions from both legal scholars and theologians. In [End Page 211] the dialectic that results as theologians consider law and legal scholars consider theology, we see a performative example of the Lutheran concept of two kingdoms, both coexisting under God's domain.The collection would have benefited from a broader use of theological sources to accompany this admirably broad approach to legal issues. Many, although not all, of the essays, draw only on Martin Luther's understanding of Christian engagement with legal authority. This focus on Luther's somewhat limited legal corpus can result in a slightly repetitive theological approach among the essays. However, this narrow focus on Luther indicates a potential next stage for further development of Lutheran engagement with contemporary legal issues. In the closing essay in the book, "How Should Modern Lutherans Try to Shape Secular Law?," Robert Benne references John Witte's work in tracing how Philipp Melanchthon and the Lutheran jurists developed Luther's original theory of law to "build bridges between the two kingdoms" (332). While this book provides a good starting point for bringing Lutheran perspectives to bear on contemporary legal issues, it also indicates the need for future research to excavate the perspectives of Melanchthon and jurists such as Johannes Eisermann and Johann Oldendorp, along with more modern Lutheran scholars of law and religion, such as Helmut Thielicke, who considered the legacy of Lutheran legal theory in the wake of post-Nazi Germany. Both Lutheran theological approaches to law and legal approaches to religion will undoubtedly be enriched if the editors' project continues, resulting in continued excavation of later Lutheran interpretation and reception of theories of law, which will bring Lutheran theology ever closer to the challenges of contemporary legal issues in the modern nation-state.Elisabeth Rain KincaidUniversity of Notre DameCopyright © 2018 Society of Christian Ethics... (shrink)

Feminist scholars adopt wide-ranging views of self-sacrifice: their critiques claim that women are inordinately affected by Christianity's valorization of self-sacrifice and that this traditional Christian value is inherently misogynistic and necrophilic. Although Søren Kierkegaard's Works of Love deems Christian love essentially sacrificial, love, in his view, sets significant limits on the role of self-sacrifice in human life. Through his proposed response to one who requests forgiveness, “Do you now truly love me?” Kierkegaard offers a model of forgiveness that subverts traditional (...) ideals of the self-sacrificing and submissive woman while keeping love central. The question asserts self-love, involves redoubling and double danger, and expresses a refusal to imitate Christ's suffering. I propose a reading in keeping with Grace Jantzen's vision for a feminist philosophy of religion, which reads against the grain and “seeks to break through to new ways of thinking that may open up divine horizons.” My reading is further supported by Kierkegaard's contention that everything essentially Christian bears a double meaning. In light of the subversive potential found in the discrepancy between apparent love and actual love, as well as the duty to name the sin of one who has behaved in an unloving manner, I argue that Kierkegaard's philosophy of love resists simplistic understandings of self-sacrificing love. (shrink)

The two basic forms of action distinguished in the preceding articles, viz., moral action, where praxis is for praxis sake, and action for a good, where praxis is for the sake of theôria, are found in close relationship to one another in human life. The part they play is rather that of abstract moments in a practical process than that of self-contained and isolable bits of conduct. No philosopher is likely to discount the importance of thus analysing the concrete into (...) its factors before he rectifies the abstraction by showing how they co-operate in actual experience. In any individual biography we can find acts and courses of action in which duty is the dominant motive, and others in which the dominant motive is desire of good. Similarly, when we compare different biographies with one another, some exemplify most strikingly the struggle for righteousness against unruly passion, others the spontaneous aspiration of the soul to attain the goal of its desire. But neither the moral law nor the summum bonum wields an exclusive sovereignty. St. Paul and Luther, in their warfare against carnal desire, drew strength from the ideal vision; nor were St. Bernard or Spinoza, for all their absorption upon union with the divine, strangers to the call of moral obligation. In the lives of ordinary men, the types of conduct are, perhaps, more evenly balanced; yet here also the distinction is discernible. Moreover, it is easy to see how, despite their intrinsic difference, they come to be associated and “by just exchange” to effect a mutual enrichment. (shrink)

The two basic forms of action distinguished in the preceding articles, viz., moral action, where praxis is for praxis sake, and action for a good, where praxis is for the sake of theôria, are found in close relationship to one another in human life. The part they play is rather that of abstract moments in a practical process than that of self-contained and isolable bits of conduct. No philosopher is likely to discount the importance of thus analysing the concrete into (...) its factors before he rectifies the abstraction by showing how they co-operate in actual experience. In any individual biography we can find acts and courses of action in which duty is the dominant motive, and others in which the dominant motive is desire of good. Similarly, when we compare different biographies with one another, some exemplify most strikingly the struggle for righteousness against unruly passion, others the spontaneous aspiration of the soul to attain the goal of its desire. But neither the moral law nor the summum bonum wields an exclusive sovereignty. St. Paul and Luther, in their warfare against carnal desire, drew strength from the ideal vision; nor were St. Bernard or Spinoza, for all their absorption upon union with the divine, strangers to the call of moral obligation. In the lives of ordinary men, the types of conduct are, perhaps, more evenly balanced; yet here also the distinction is discernible. Moreover, it is easy to see how, despite their intrinsic difference, they come to be associated and “by just exchange” to effect a mutual enrichment. (shrink)

What is Mill's principle of liberty? The question may seem superfluous, since he gave his own apparently careful formulation (223/34-224/10).[Note 1] However he gave several formulations in different terms, and his principle has been interpreted in a number of ways.[Note 2] The Acts meant to be subject to social control have been said variously to be other-regarding acts, acts which harm others, or affect them, or affect their interests, or violate duties owed to them, or violate their rights. These formulae (...) are not equivalent. An act may harm others (indirectly), yet not be other-regarding; an other-regarding act may harm others without any violation of duty; an act may violate a duty to others without violating anyone's right. But it seems to me clear enough, if all Mill's statements are taken together, that the correct formulation is this: punishment is justified only for violations of secondary rules prescribing duties to others. Duty and Liberty divide the whole field of human conduct, without overlap; and there are no duties besides duties to others. (shrink)

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...) aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints. (shrink)

What are sanctuary cities? What are the political stakes? The literature provides inadequate answers. Liberal migration theorists offer few insights into sanctuary city politics. Critical migration scholars primarily address the relationship between sanctuary cities and political activism, a small part of the phenomenon. The historical literature examines continuities between 1970s sanctuary church activism and contemporary sanctuary cities, confusing what is essential to sanctuary churches and what is only sometimes associated with sanctuary cities. Together these approaches obscure more than they reveal. (...) This article suggests a republican account of sanctuary cities. Reconstructing American migration politics from the colonial era onward shows that sanctuary cities have roots in both the colonial republican revolt and the republican principle of freedom as nondomination. That reconstruction reveals much about both sanctuary cities and the federal government’s long-running assault on them. The resulting robust analytical framework clarifies what is at stake in the politics of sanctuary cities: federal sovereignty in migration politics specifically and republican liberty in migration politics generally. (shrink)

Preparing to lecture on Aristotle's contribution to Nursing at the International Philosophy of Nursing Conference August 22, 2016, in Quebec City, Quebec, Canada, I came upon the recently published article by my IPONS colleague, Allmark (2016), “Aristotle for Nursing.” Allmark (2016) provides a comprehensive and understandable overview of Aristotle's philosophical system including the substantial nature of being and the four causes of change. Nurses using Aristotle to support practice and theoretical research will benefit from a careful reading of Allmark to (...) enrich their use of the realist understanding of knowledge of nature (epistemology) and the matter–form causal relationships within natural being (ontology and teleology). Allmark carefully displays the distinction between good health and flourishing; a distinction sometimes hard to grasp. Nurses are concerned with the end of health, but cannot achieve for others, the fullness of living which is flourishing.We will limit ourselves to expanding three areas that seem important, first, that nursing is much more than a productive science or craft, second, that Aristotle does provide an important note on the persistence of the soul, and, third, while Aristotle does not address the possibility of a personal creative highest being as Allmark says, his references to the divine are worth considering. (shrink)

The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of Lithuania is in (...) line with the provisions of the main international instruments relating to non-custodial sanctions (1990 United Nations Standard Minimum Rules for Non-custodial Measures (the so-called Tokyo Rules), Recommendation R (92) 16 of the Committee of Ministers of the Council of Europe to Member States on the European rules on community sanctions and measures, Recommendation Rec (2000) 22 of the Committee of Ministers of the Council of Europe to Member States on improving the implementation of the European rules on community sanctions and measures); review the progressive legal regulation of restriction of liberty in place in individual states and provide a comparison between the national and foreign experience in relation to the penalty of restriction of liberty. In addition, the article offers guidelines for the improvement of the legal regulation and implementation of the legal institute of restriction of liberty. (shrink)

After receiving the divine authorization from Allah to openly notify people of Islam, the Messenger of Allah started to publicly to invite the people of Mecca to Islam. Idolaters however felt heavy shame to give up the faith of their ancestors, and the pagans did not accept the Prophet's invitation to Islam. They applied various pressures to the Messenger of Allah and the believers to renounce the cause of Islam. When the animosity against the new Muslims became intolerable, Almighty (...) Allah gave permission to immigrate, first to Habasha and then to Medina. Some of the companions of the Prophet periodically immigrated to Habasha and then to Medina. In the sources that have survived to the present day, poets (ṣaḥāba: companion of the Prophet Muhammad peace be upon him) reflect the events experienced during the immigration to Medina and the intensity of emotions they felt during the holy journey. These poets demonstrate in their writings a sense of elation and pride, having followed the Prophet's favorable advice to immigrate to Medina and portend that their religion will be strengthened in Medina by their presence. Their poems in terms of style are more focused on unscripted, or spontaneous feelings, a style of pauses to give harmony between the shorter verses, unlike long poetic tradition in the period of ignorance (Jāhiliyya).Summary: The Messenger of Allah comes into the world of Mecca, where injustice and distorted belief forms prevail, and when he is forty years old, he is commissioned as a prophet by Allah Almighty. Considering the possibility that the Islamic invitation will not be accepted and welcomed by the pagan Arabs in Mecca, the Prophet tries to spread his cause among the people only he has trusted for three years. When revelation regarding publicly conveying Islam came, the Prophet begins to openly invite the people of Mecca to Islam. Since leaving the beliefs that are patrimonies preponderated the pagans, they started oppressing the Prophet and the believers. When the pressure exerted by the pagans exceeded the limit of tolerance, the Prophet advised the Ṣaḥāba for the temporary migration to Abyssinia. Some Muslims in need of protection followed the advice of the Messenger of Allah, and they migrated to Abyssinia. In the meantime, the Prophet was under the protection of his uncle Abū Ṭālib. After the death of Abū Ṭālib, the pressure on the Prophet increased day by day. Moreover, it was even planned by the pagans to have them eradicated through conspiring against them. The Prophet, who understood that he cannot convey Islam in Mecca, went to Tāif to describe his case. The Prophet, however, faced a harsh reaction in Tāif and was forced to return to Mecca.In the meantime, the people of Medina were in search of a leader to eliminate the mess in consequence of wars and instability with Jews on the one hand and among each other on the other hand. The Prophet came to Mecca in the Ḥājj (pilgrimage) season and also presented the religion of Islam to groups from Medina People who perceived that the Prophet has the features to overcome the disasters between them, they pledge allegiance to the Prophet through the agreements known as Bay‘a al-‘Aqaba in the region called al-‘Aqaba, respectively as Bay‘a al-‘Aqaba I and II. In this way, the city of Medina became ready to welcome the immigrants and to be a base of the Islamic religion that will open up to the world. Almighty Allah is first allowed to Ṣaḥāba and then to Prophet to migrate to Medina and with migration of Prophet to Medina, a significant breakthrough was achieved in the history of Islam.Since the issue of the migration to Medina corresponds to the early period of Islam, the sources of poetry reflected the migration of the Ṣaḥāba to Medina are few in number. Relevant texts in the available sources can be found consist of five articles as, three of them belong to Abū Aḥmad b. Jaḥsh, the fourth belongs to Bujaid b. 'Imran al-Huzâ'î'e and the last one belongs to an unknown poet. Because of his connection to the hegira, a verse pursuant to idolater poet Utbe b. Rabî‘a was also included in the subject. In related poem texts, it is seen that the Ṣaḥābahs poets had prided themselves on the fact that they followed the advice made by the Messenger of Allah on his way to hegira to Medina and they tried to reflect the intensity of emotions they experienced in the face of the developments that occurred since the first moments of the movement of emigration to the poems. Determined to migrate to Medina in order to strengthen the Islamic invitation, the poet Abū Aḥmad reflected the self-confidence of walking on the right way. Abū Aḥmad promised the Messenger of Allah that he will migrate to Medina and he was faithful to his word. Abū Aḥmad tried to resolve his concerns of his wife Umm Aḥmad that they might be harmed by the polytheists if they migrate to Medina and emphasized that they migrate to Medina in order to strengthen the God Almighty against superstitions.Undoubtedly, the concerns of Umm Aḥmad in this context give clues about the dimensions of mobbing, oppression and torture policies applied to Muslims in Mecca. Abū Aḥmad and his associates were full of belief that Almighty Allah will meet their expectations as they migrate to Medina in line with the recommendations of the Prophet. In this respect, the poet turns a deaf ear to the advice of many men, women and friends to not to leave Mecca environment that he was born and grew up in and the memories that adorns his inner life shaped. The poet also points to the importance of the fellowship of Islam, rather than the spirit of Jāhiliyya As a matter of fact, because of tribal chauvinism, the poet called for the termination of hostilities in the past and convinced those around him to follow the call. In this respect, the poet is in peace with the fact that the family members will also have the blessings waiting for those who migrate for Allah. According to the poet, the idolaters who favored blasphemy and who opposed Muslims, deserved the wrath of Allah. Even if there are blood ties with the Muslims, the idolaters who favor the blasphemy and opposed the Muslims are frustrated. In another poem, the poet also boasts Ghanm family, of whom he was a member, because they had fulfilled the promise they had given to the Prophet, that they would migrate to Medina. According to the poet, the Ghanm family is essentially loyal to the Prophet. As a matter of fact, the Ghanm family, which once occupied Mecca and lived off in Mecca, left the lands they lived in for Allah and migrated to Medina in groups of single and two in order to strengthen the invitation to Islam.Poet Bujaid b. ʿImrān al-Khuāz‘i boasts about the fact that Khuzā'a tribe, of which he was a member, that is the lower tribe of the Kaʿb sons, supported the Prophet and some of his people migrated to Medina in his verses. In fact, according to the poet, the members of the Khuzā'a tribe trotted off to the Medina on the advice of the Prophet without wasting any time. Moreover, due to the agreement between the Khuzā'a tribe, who played a key role in the reasons causing conquest of Mecca, and the Prophet, Mecca was conquered and Mecca skies were cleaned from idolatry mist. The Khuzā'a tribe was instrumental owing to their admirable attitude in the conquest of Mecca and the Prophet to gain strength, despite the idolaters who once forced the Prophet to leave Mecca. In the verses of the unidentified poet, it is seen that the names of the eight Ṣaḥāba who were subjected to oppression in the most troubled early periods of Islam, who left their homeland for Allah, migrated to Abyssinia or Medina and were heralded to enter heaven were mentioned. According to an unidentified poet, it is not possible for anyone to reach the rankings of these eight people due to the beautiful actions they performed.In the last poem text, it is seen that the poet Abū Aḥmad was dissatisfied with the confiscation and sale of his house by Abū Sufyān when he emigrated to Medina. In the verses, the poet likens his home being unjustly confiscated by Abū Sufyān to a hunter holding the dove he seized tightly and he emphasizes that he will get his due in the afterlife from Abū Sufyān.The poetry texts bearing the traces of migration to Medina are a continuation of the poetry technique of the period of Jāhiliyya in terms of the poetry technique, when wordings that are in accordance with the spirit of Islam are left aside. As a matter of fact, poets try to reflect the intensity of emotions they live in short verses instead of long term poems. Again, poets use the types of art, such as borrowing, metaphor and comparison, which are frequently used in the poetry of the Jāhiliyya in order to bring the intensity of emotion they live in closer to the audience's perception. Poets build on these poems on taweel, muteqâreb, baseet and qamel, which are frequently found poetic measures in the poetry of Jāhiliyya. As a last word, it is necessary to say that the poetry texts of Ṣaḥāba poets are historical objects in terms of shedding light on the events experienced during the Hijra. Again, the poem texts in question are important in terms of getting an idea about the state of old Arabic poetry during the transition period from the period of Jāhiliyya to the period of Islam. (shrink)

?Hegel? and?human rights? are rarely conjoined, and the designation?human rights? appears rarely in his works. Indeed, Hegel has been criticised for omitting civil and political rights all together. My surmise is that readers have looked for a modern Decalogue, and have neglected how Hegel justifies his views, and hence just what views he does justify. Philip Pettit has refocused attention on republican liberty. Hegel and I agree with Pettit that republican liberty is a supremely important value, but appealing to its (...) value, or justifying it by appeal to reflective equilibrium, are insufficient both in theory and in practice. By reconstructing Kant?s Critical methodology and explicating the social character of rational justification in non-formal domains, Hegel shows that the republican right to non-domination is constitutive of the equally republican right to justification - both of which are necessary requirements for sufficient rational justification in all non-formal domains, including both claims to rights or imputations of duties or responsibilities. That is the direct moral, political and juridical implication of Hegel?s analysis of mutual recognition, and its fundamental, constitutive role in rational justification. Specific corollaries to the fundamental republican right to non-domination must be determined by considering what forms of illicit domination are possible or probable within any specific society, in view of its social, political and economic structures and functioning. nema. (shrink)

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious (...) rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University. (shrink)

The prelims comprise: Liberty and Coercion Liberty‐Limiting Principles The Harm Principle The Offense Principle Legal Paternalism Legal Moralism Justice Need Conclusion Bibliography.

The consequences of restricting or not restricting the right to freedom of assembly are potentially magnified in transitional societies. Yet determining whether such consequences are indeed ‘harmful’, and whether their cost should be borne despite the harms caused, requires the elaboration of criteria which define what are valid and relevant harms. While a human rights framework can perform this task, open-textured rights standards prescribe neither the threshold of legal intervention nor the goals of transition. By extension, the rule of law—underpinned (...) by this rights discourse—is silent about whether liberal or communitarian ideals should inform the reconstruction of public space in conflicted or nascent democracies. Illustrated by analysis of legal interventions in parade disputes in Northern Ireland, this article argues that the rule of law is necessarily orientated by ethical consensus about its scope. Furthermore, this consensus operates as a restraint upon the degree of normative discontinuity permitted during transitional compromises. The article frames the ethical options in terms of three liberty-limiting principles—the argument from democracy, the argument for toleration, and the argument for recognition. Each suggests different parameters for the transitional project and for the role of law within it. (shrink)

There is growing interest in using non-coercive interventions to promote and protect public health, in particular "health nudges." Behavioral economist Richard Thaler and law scholar Cass Sunstein coined the term nudge to designate influences that steer individuals in a predetermined direction by activating their automatic cognitive processes, while preserving their freedom of choice. Proponents of nudges argue that public and private institutions are entitled to use health-promoting nudges because nudges do not close off any options. Opponents reply that the nudgee (...) has no opportunity to deliberate over her choice. The nudger controls the nudgee, who has no real freedom of choice. -/- In my dissertation, I salvage the concept of nudge from the charge that it merely pays lip service to freedom of choice, offer an alternative account of the moral import of nudges for the evaluation of public health policies, and provide an ethical framework for their justified use. -/- My argument proceeds in four steps. First, I argue that nudging mechanisms often involve some form of incomplete deliberation, and do not always bypass deliberation. Second, I maintain that nudges preserve freedom of choice because they preserve the choice-set and are substantially noncontrolling. I show that the debate over nudges is plagued by confusion between real nudges, which are easily resistible and therefore substantially noncontrolling, and influences that are not easily resistible yet activate the same cognitive mechanisms as nudges. Third, I reject the view that nudges are systematically preferable to more controlling influences, even when they interfere with non-consequential liberties. I show that the principle of the least restrictive alternative often invoked in public health ethics is applied with too wide a scope. Fourth, I argue that paternalism is not central to the ethics of public health nudges. Rather, the substantive problem with nudges is that their overall cumulative effect might weaken our decisional capacities or undermine their proper exercise. This is a reason to limit recourse to certain nudges. I finally show, contra certain Kantians and Millians, that we have no perfect duty to engage or enhance decisional capacities. (shrink)

Plato’s Timaeus–Critias juxtaposes a long description of our universe in the making with a discourse on human nature. The latter, confined to Critias, flanks Timaeus’ full-blown cosmogony without clearly articulating how, if at all, do the apparently so different stories fit together. By contrast to many precedent efforts at articulating their relation, the article tries to take seriously Timaeus’ distinction between the two kinds of divinities, whereby he opposes celestial bodies together with the ensouled physical universe to the traditional gods. (...) It seems possible that the two kinds of gods correspond to the duality of human nature itself, and thus to its peculiar position at the juncture of the immortal and mortal parts of the universe. Plato’s recourse to gods distinct from the celestial objects of intellectual assimilation then has nothing to do with theology in some doctrinal sense, but serves to indicate a link between divine and human capacities of deliberation and practical action. Reread in this light, the story told by Critias and several passages from the speech of Timaeus indicate the limits of theoretical knowledge and point towards the problematic ontology of the deliberating mind and the puzzling status of artefacts including man and the universe. In this context, the article re-examines the issue of human civilization and war, and also the question of great cataclysms. Presented by Critias, these issues are revelatory of the Platonic conception of human city not as an expression of man’s natural gregariousness but as a carefully composed artefact. The article concludes that, under the overlays of pseudo-history and cosmology, Socratic colours may well be more prominent than we usually assume. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.2 (2001) 9-34 [Access article in PDF] Of Blackface and Paranoid KnowledgeRichard Wright, Jacques Lacan, and the Ambivalence of Black Minstrelsy Mikko Tuhkanen Only the subject—the human subject, the subject of the desire that is the essence of man—is not, unlike the animal, entirely caught up in this imaginary capture. He maps himself in it. How? In so far as he isolates the function of the mask and (...) plays with it. Man, in effect, knows how to play with the mask as that beyond which there is the gaze. —Jacques Lacan, The Four Fundamental Concepts of Psycho-AnalysisThere is a danger of corrosion of the self in this pretense, and surely a rending of integrity. How, and when does one call upon the real self to dispel the make-believe and claim humanity and dignity?... It was just possible that the trick had been too perfect; legerdemain had undone itself in a disappearance act where the self had vanished, but also the incantation to call it back again. —Nathan Irvin Huggins, Harlem RenaissanceIn late November 1998, a teacher in New York City's Public School 75 introduced an acclaimed children's book called Nappy Hair to her third-grade students as extracurricular reading material. The book, written by Carolivia Herron, is a transcript of a piece of oral history passed on in the author's family. It tells the story of a black girl with "the kinkiest, the nappiest, the fuzziest, the most screwed up, squeezed up, knotted up, tangled up, twisted up [...] hair you've ever seen in your life" [Herron, unnumbered pages]. According to the author, the book aims to celebrate racial diversity and encourage pride in black children. Some parents of the (mostly black) pupils saw it differently, however. In the days following the introduction of the book, photocopies of parts of the book were circulated among the parents, some of whom were enraged when they saw what they considered demeaning, stereotypical, and "racially insensitive" depictions of black people. A meeting was called with parents and school officials. Threats were made by the parents, and the 27-year-old teacher, a white woman, was put on desk duty while an investigation was launched. Even though the school ended up backing the teacher, she refused to return to the classroom, citing fears for her own safety [see Holloway, "School"; "Teacher"; "Threatened"; "Unswayed"].The incident received a fair amount of commentary, including a New York Times op-ed article by Jill Nelson. In the article, Nelson argues that what the Nappy Hair controversy illustrates is not the racial insensitivity of the white teacher or the school [End Page 9] system—as the black parents argued—but that the "barriers to [...] self-esteem are perpetuated not by the white community but by the black one." For Nelson, the black community remains overly sensitive about certain representations of blackness. She suggests that such attitudes may have their origin in slavery and in the adoption of the valorization of white physical features by African descendants from their masters. In this, she follows critics such as Kobena Mercer, who writes in "Black Hair/Style Politics" that "black people's hair has been historically devalued as the most visible stigmata of blackness, second only to skin" [101]. Inevitably, representations such as those at stake in the classroom controversy find their historical background in minstrelsy: "In the minstrel stereotype of Sambo [...] the 'frizzy' hair of the character is an essential part of the iconography of inferiority. In children's books and vaudeville minstrelsy, the 'woolly' hair is ridiculed, just as aspects of black people's speech were lampooned in both popular music hall and the nineteenth-century novel as evidence of the 'quaint folkways' and 'cultural backwardness of the slaves'" [102]. Nelson concludes: "Too many African-Americans," she writes, "have internalized and passed down these beliefs, as if proximity to whiteness inherently enhances our worth."Nelson's reading of the controversy is neither incorrect nor adequate. Certainly, the parents' outrage with the book—more precisely, with the... (shrink)

I argue that the duty of confidentiality is relative, not absolute; and that it is primarily a matter for the professional judgment of the reflective health practitioner to determine in the particular case whether competing public interests (or other compelling reasons) override that duty. I have supported that account with an analysis of medical practice as a recourse role and with an account of law that emphasises not only its duty‐imposing character but also, and crucially, an embedded liberty to depart (...) from the plain requirements of a primary legal rule where in the conscientious judgment of the addressee of that law, there is ‘damn good reason’ to do so. This account of the moral nullification of law at the outer limits appears to be descriptively accurate over a wide range of law and normatively appealing not only to democratic citizens but also to professionals such as doctors and lawyers whose role involves testing the law on moral grounds and who should be ready to do so, if but only if, they believe in the good faith exercise of professional judgment that the outcome mandated by the literal application of the legal rule is inconsistent with the moral mission of their role. The argument is illustrated with cases from American and English courts which, perhaps, render plausible the otherwise paradoxical notion that the law itself admits of departures from the legal rules. (shrink)

Hegel seeks to overturn Kant's conclusion that our knowledge is restricted, or that we cannot have knowledge of things as they are in themselves. Understanding this Hegelian ambition requires distinguishing two Kantian characterizations of our epistemic limits: First, we can have knowledge only within the "bounds of experience". Second, we cannot have knowledge of objects that would be accessible only to a divine intellectual intuition, even though the faculty of reason requires us to conceive of such objects. Hegel aims (...) to drive a wedge between these two characterizations, showing that we can have knowledge beyond Kant's bounds of experience, yet without need of divine intuition. And attention to such knowledge is supposed to show that we have no legitimate need to even conceive of divine intuition and its objects - and no need to conclude that our own knowledge is restricted by comparison, or that we cannot know things as they are in themselves. I focus here on the initial case Hegel uses to introduce this extended argument strategy: we can have more knowledge of natural kinds and laws than would be allowed by Kant's bounds of experience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Friendship: The Future of an Ancient Gift by Claudia BaracchiJoseph GamacheBARACCHI, Claudia. Friendship: The Future of an Ancient Gift. Translated by Elena Bartolini and Catherine Fullarton. Bloomington: Indiana University Press, 2023. 146 pp. Paper, $30.00Friendship: The Future of an Ancient Gift offers a series of reflections on friendship that "outline thoughts, visions, stories." It is well to bear this in mind. There is no sustained discussion of (and (...) not many references to) other commentators or interpreters of the ancient Greeks. Nor is there, despite the title, a sustained philosophical treatment of friendship or its future. It is a series of reflections on ancient Greek texts. These reflections are unified by the theme of friendship, even when friendship seems to recede into the background. Each chapter is organized around a specific text, the reading of which is interspersed with the aforementioned thoughts, visions, and stories.The first chapter focuses on Plato's Timaeus. Friendship in its "most elementary sense" is "looking at the sky" and seeing not only myself, but "myself as us." This sort of cosmic friendship is a look, a "unitive force, a capacity for seeing the bonds and holding together the elements that form every living organism." The second chapter takes up the analogy of the soul and the city in the Republic. I am a friend to myself when the parts of my soul are in harmony.In the third and longest chapter, Baracchi takes up friendship between equals as discussed in the Nicomachean Ethics. The thematic focus is now friendship between persons, and we read that friendship is a "privileged place in which to be," that it "corroborates, strengthens, amplifies, and emphasizes" the friends, that it is the "condition and context for the utmost explication of human dynamis." Friends resemble each other like poetic images "that illuminate and elucidate one another." The third chapter also takes a swipe at "us moderns," whose notions of liberty undermine our ability to appreciate friendship. We moderns "struggle to contemplate seriousness, fidelity, and the depth they entail, without cynicism." The critique is familiar, and trades, at times, on what seems to be a conflation of Hobbes with the entirety of early modern philosophical anthropology. [End Page 535]Chapters 4 through 6 return to Plato, first with a reflection on the Apology and Symposium, and then with a discussion of Aristotle's friendship with Plato. The fifth chapter takes up the tension between the pursuit of truth and the love of one's friends, as that dilemma manifests in the life of a philosopher. Baracchi convincingly argues that Aristotle should be read as honoring the deeper teachings of Plato, and Socrates before him, that one should care about not who holds a belief but only whether the belief is true. Thus did Aristotle resolve the dilemma between truth and friendship. His pursuit of the truth, even when it caused disagreement with Plato, was an act of friendship.Chapter 6 focuses on the origin of the polis as described in the Republic. Baracchi shows how Socrates tries in the Republic to widen the circle of those who count as one's friends, from select others within the polis, to everyone within the polis, to the entire Greek world, as well as to push back against those who argue that enmity is the necessary foundation of the polis. The last three chapters of the book return to Aristotle's views about friendship: first, about the relationship between friendship and justice, second, about friendships between unequals, and lastly, about the embodied aspects of friendship, its sweetness, and pleasure.There are limits, however, to how helpful the work might be to philosophers interested in friendship. The language is often too abstract, as in the recommendation, "to learn to think human community in its entirety, without this entailing the elimination of differences, and without reducing the differences to identity-related and localistic velleities." Or in the claim that the difference between complete and derivative friendship is the former's ability to "to grasp the broader reasons in the finite, and thus to place the contingent in an otherwise articulated context." Too often there are exaggerations that obscure whatever point is... (shrink)

Man is a creature with an awareness of existence. One of the most important questions that human beings have been seeking answers to since ancient times is what kind of value they have in terms of being human and what rights and responsibilities they have in relation to this. The term “human rights” is one of the modern concepts that emerged in direct connection with this process of inquiry. The concept of human rights has a political, secular framework of meaning (...) in terms of its development. However, human rights are being discussed in a wide field of meaning, which includes many philosophical, moral, and theological dimensions. In this study, the concept of human rights is analyzed in terms of God-human relationship. The theological framework of human rights in the Qur'ān is drawn on the basis of mīsāq (the covenant) between God and man. As a requirement of the mīsāq, Allah has entrusted man with a trust, appointed him as a caliph and honored him with it. The nature of this honor is the duty to make Godʾs laws prevail on earth, and for this purpose, the earth has been given to manʾs service. After man has taken his place on the stage of existence in this way, manʾs rights have two dimensions. The first is the rights that human beings have in the worldly-social context in terms of being human. The concept of human rights, as conceptualized by Western societies, is directly related to this dimension. In the second dimension, human rights have a religious-spiritual content as the rights that arise when the relationship/obligation of man with God is in question. These rights, which can also be expressed as the theological dimension of human rights debates, are rights related to the divine commandment. From a religious and spiritual point of view, human rights are related to having knowledge about the matters that one is obliged to do, being able to do them (istiṭāat), acting with free will, and being rewarded and punished for all these. In this study, the theological foundations of human rights are discussed. In this respect, it is aimed to overcome the limitations caused by grounding the concept of human rights from a secular perspective and present a more holistic and comprehensive metaphysical grounding of human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Commonwealth of Hope: Augustine’s Political Thought by Michael LAMBMichael J. S. BrunoLAMB, Michael. A Commonwealth of Hope: Augustine’s Political Thought. Princeton, N.J.: Princeton University Press, 2022. xiii + 431 pp. Cloth, $39.95In his comprehensive study of Augustinian hope, Michael Lamb seeks to provide a corrective to the common characterization, especially promoted in the last century, of Augustine as politically and socially pessimistic. Lamb asserts that Augustine’s work (...) leads us, rather, to a “realistic hope,” as he argues for a more “hopeful, this-worldly” reading of the Doctor of Grace. After tracing the path of contemporary Augustinian interpretation, Lamb begins an interdisciplinary study of Augustine’s understanding of hope, which he argues allows us to understand how Augustine “advocated and modeled engagement in public life,” as “bishop, theologian, and citizen.”In part 1, “The Virtue of Hope,” Lamb systematically discusses Augustine’s understanding of virtue, and the relationship within his theology of the theological virtues. In chapter 1, Lamb utilizes the Enchiridion to explore Augustine’s understanding of the objects and grounds of hope, as “the orientation of will” toward objects that “engage our desire and spark an affective movement for union with what we love.” In chapter 2, Lamb explores hope’s integral connection to love and integrally captures key concepts in Augustine’s thought, particularly the consequences of the Fall in human pride, the presence of the libido dominandi, and the often-discussed debate of uti-frui, noting that Augustine is fundamentally concerned with love being rightly ordered. In chapter 3, he responds to the criticism of Augustine’s hope as “otherworldly,” explaining how Augustine does not dismiss temporal goods but, rather, “chastens disordered desires for them.” Lamb also makes clear that Augustine “challenges the either/or dualism” that locates [End Page 154] eternal goods in a purely transcendent realm. In chapter 4, Lamb analyzes the grounds of faith and its objects, outlining Augustine’s treatment of faith’s relation to both authority and neighbor, who for Augustine must be included as an object of faith. In chapter 5, relying on Augustine’s Confessions, Lamb underscores the condemnation of Pelagianism while demonstrating that similar to love, we might hope in neighbors as “a way to hope in the invisible God.” He also examines the epistemological challenges presented by the vices of presumption and despair, noting how for Augustine “a deficient or disordered faith leads to disordered hope.”Part 2 of Lamb’s work turns to Augustine’s rhetoric and how Augustine’s pedagogical concerns undergird both his sermons and other works, especially the often-cited City of God. In chapter 6, Lamb notes the need within political interpretations of Augustine for a greater grasp of “his rhetorical and pedagogical purposes,” especially his moral teaching offered to a wide and diverse audience both in his preaching and letters. In chapter 7, Lamb turns to City of God, noting its aim as both instruction and encouragement, and confronts the limits of the binary view of optimism and pessimism as “anachronistic and conceptually confining.” Lamb, on the contrary, posits a “more capacious triad of presumption, hope, and despair” as capturing the true “posture” of Augustine’s City of God, especially book 22.In part 3, Lamb focuses on the place of political goods as objects of hope within Augustine’s thought. Chapter 8 focuses on the political implications of Augustine’s eschatology and ecclesiology and, through engagement with numerous interpreters, examines Augustine’s saeculum as “a passing age in which members of both cities—earthly and heavenly—share proximate goods and build a common life together.” In chapter 9, Augustine’s epistolary is examined in order to demonstrate that, while “fulfilling his duties and embodying active citizenship, [Augustine] did not make an idol of politics or see it as the ultimate source of salvation.” In chapter 10, Lamb proposes an alternative account to the “antipolitical, otherworldly exclusivist” Augustine, namely, an Augustine who both is slow to judge the virtue and vice of others and acknowledges “some form of genuine, if incomplete, virtue in those without faith.” In this chapter, Lamb’s nuances of Augustine’s understanding of “true virtue” are well grounded... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 141-160 [Access article in PDF] The Politics of Character in John Milton's Divorce Tracts David Hawkes nunquam privatum esse sapientum --Cicero I. There has recently been a great deal of debate over the relative influence on Milton's politics of two discordant revolutionary ideologies: classical republicanism and radical Protestant theology. 1 In the mid-seventeenth century the search for intellectual precedents and rationalizations (...) of the English revolution brought these two traditions into an uneasy alliance, and Milton, like many other revolutionary apologists, drew on both of them. Of course the two schools of thought are not necessarily incompatible. J. G. A. Pocock notes one point of connection between them: The context in which men attain their final end--or recover their prima forma, though this concept might not have been antinomian enough for the radical saints of the New Model--is that of apocalypse; the "end" of Aristotelian teleology is still united with the eschatological "end" of prophetic time. 2The Aristotelian "end" of man is the good, defined as "an activity of soul in accordance with virtue," and the belief that one can or has fulfilled that end is [End Page 141] certainly amenable to Protestant antinomianism. 3 Furthermore, as Sharon Achinstein points out, Milton's "conception of virtue... melds the religious notion of conscience with a classical sense of civic duty." 4 On the other hand there are significant differences between the classical and the Christian notions of "virtue" and the "good," which dictate that, as Nigel Smith puts it, "[c]lassical republicanism, properly conceived, would in many ways be in conflict with the millenarian, chiliastic and perfectionist Protestantism of the sects." 5 The problem faced by Milton as a Protestant Republican is that the definition of the "good" offered by millennial sanctification and that attainable through Aristotelian virtue are in many ways mutually exclusive and contradictory. They have been characterized as such ever since Augustine's City of God asserted that pagan ethics are incompatible with true, Christian virtue. 6 Millennialism relies on faith; civic humanist virtue relies on works. Antinomianism abolishes the law; republicanism institutes the rule of law. The saints are sanctified by grace; the virtuous are distinguished by their own strength of character. Radical Protestant freedom is negative and private--it is the ability to speak and worship according to the dictates of conscience; civic humanist liberty is positive and public, the ability to participate fully in the government of the res publica. While daunting, however, these contradictions are not quite insuperable. I believe that Milton finds a common denominator in the accounts given by these two traditions of psychological objectification and that the agreement of Roman and Christian morality on this point leads him to make the tendency to objectification (or rather the ability to resist that tendency) the central issue of his mature political theory.The political ideas of the classical republicans and their descendants, the Renaissance civic humanists, were based upon Aristotle's Politics and Nico-machean Ethics, while the intellectual sources of radical Protestantism can be traced to Luther's commentaries on Paul's epistles. During the English revolution the Pauline exegesis of the relationship between the old and the new covenants provided intellectual ammunition against custom and tradition, as well as inspiring the antinomianism of the radical fringe to which Milton was falsely accused of adhering during the divorce controversy. In the divorce tracts Milton points out that Aristotle and Paul share one fundamental tenet: they argue that interior and exterior slavery are of the same nature and therefore concomitant [End Page 142] and inseparable. Furthermore, Milton notes, Aristotle and Paul both claim that exterior and interior slavery consist in "carnality," the subjection of the spirit to the flesh. This identification of carnality with servility becomes a constant strain which runs throughout Milton's career and provides the consistent element in his apparently vacillating theories of politics and religion.II. Although this argument recurs throughout Milton's career, it is first hammered into shape during the divorce controversy... (shrink)

There is an ongoing debate in medicine about whether patients have a ‘right not to know’ pertinent medical information, such as diagnoses of life-altering diseases. While this debate has employed various ethical concepts, probably the most widely-used by both defenders and detractors of the right is autonomy. Whereas defenders of the right not to know typically employ a ‘liberty’ conception of autonomy, according to which to be autonomous involves doing what one wants to do, opponents of the right not to (...) know often employ a ‘duty’ understanding, viewing autonomy as involving an obligation to be self-governing. The central contribution of this paper is in showing that neither view of autonomy can reasonably be said to support the extreme stances on the right not to know that they are sometimes taken to. That is, neither can a liberty view properly defend a right not to know without limits, nor can a duty view form the basis of an absolute rejection of the right not to know. While there is still theoretical distance between these two approaches, we conclude that the views are considerably closer on this issue than they first appear, opening the way for a possible compromise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Enchantment of Art: Abstraction and Empathy from German Romanticism to ExpressionismDavid MorganA familiar tradition since the eighteenth century has invested art with the power to heal a decadent human condition. Inheriting this ability from religion—the romantic enthusiast Wilhelm Wackenroder considered artistic inspiration to originate in “divine inspiration” in the case of his hero, Raphael 1 —art eventually replaced institutionalized belief in an evolutionary schedule of cultural development (...) determined by German idealism. Hegel, for instance, theorized the evolution of spirit from religion to art as a qualitative advancement over time. Rejecting the metaphysics of German idealism, Friedrich Nietzsche nevertheless contended that “Art raises its head where religions decline.” By assuming the “feelings and moods” of religion which had been dismantled by enlightenment, Nietzsche claimed that art gave new form to the life of feeling and imbued human endeavors with a “loftier, darker coloration.” 2 In the early twentieth century Wassily Kandinsky believed that the “spiritual in art” was the historical manifestation of an “inner necessity” that was in itself timeless and universal. Kandinsky portrayed the “life of the spirit” as “a large acute-angled triangle divided horizontally into unequal parts.” In a kind of “trickle down” aesthetic, the compartments of the triangle move slowly upward toward the apex, which is inhabited by the solitary genius of an age whose vision gradually elevates all those who occupy the lower stages. 3 [End Page 317]The point for proponents of the spiritual in art from romanticism to expressionism (and beyond) was to find in works of art what can best be described as an enchantment. 4 As the negotiation of the gaps or disjunctures separating human beings from complete power over their lives, enchantment conjoins the plane of immediate human experience to a desirable state of affairs through the mediation of such symbolic devices as rituals, incantations, or charms. Thus, evil can be warded off by the use of an apotropaic amulet, and fertility can be enhanced by the recitation of a suitable prayer or the performance of a certain ritual. In a modern analogy a sense of impotence is often alleviated by a trip to the mall where the bored therapeutically lose themselves in symbolic acts of self-renewing consumption. In the traditions of philosophy and science, systems of representation such as astrology, the microcosm, the harmony of the spheres, the great chain of being, the celestial hierarchies, or the mechanisms of theurgy and divination situate humanity within a cosmos that follows a particular order accessible to and in some degree manipulable by human beings. Enchantment consists of an apparatus of belief whose form of representation or enactment is thought to exert influence over the realities it configures.But enchantment is not limited to the spells and magic of premodern metaphysics (or modern consumerism). By means of religion, morality, and aesthetics, Nietzsche once averred, “man likes to believe that... he is touching the heart of the world.” 5 This study will focus on the manner in which art as constructed within the idealist tradition of German art theory functioned as an enchantment. Specifically, it will explore what the history of ideas about abstraction and empathy has to tell us about the spiritualization or enchantment of art. After identifying the philosophical and aesthetic wherewithal of enchantment in nineteenth-century Germany, attention focusses on Franz Marc’s early twentieth-century theorization of abstraction. It is certainly more customary to study Kandinsky, whose writings and early efforts at abstraction are much better known, but Marc’s ideas offer more immediate connections to German intellectual history and clarify the aims of his abstract art as a strategy of enchantment. Moreover, Marc was unusually articulate and wrote often, exploring ideas and artistic efforts with great insight. Focusing on Marc therefore offers a corrective to the historiography that has favored Kandinsky’s writings. Finally, Marc differed from his Russian friend over the cause of the war. Manifesting a difference that is portentous for this study, Kandinsky left Germany for Russia in 1914, while Marc enthusiastically took up arms for the fatherland. Given these circumstances and the unfortunate tendency of art historians to valorize expressionist art rather than situate it in the ideological context of... (shrink)

Although the following essay is literary-philosophical, it arose from a practical interest. I have been struck by how widespread today is the complaint about the ‘inadequate father’. Of course a father may be inadequate in diverse ways, either absconding, absent and weak, or overbearing, bullying, and tyrannical, or some combination of these. Further, I am not restricting the term ‘father’ to its narrow biological sense, but using it rather as a metaphor for any institution or structure which an individual or (...) a group feels should have been in place to guide, direct, and protect them in important situations, but did not do its job properly. Consequently they are willing to concede they are not all they could have been, but they insist it is not their fault, rather the fault of the ‘father’ who should have done his job better. This ties in with the fashionable appeal of ‘victimhood’. Everybody today seems to want to cast themselves as a ‘victim’, for reasons similar to those mentioned above. If you are a ‘victim’, then there must be an ‘oppressor’– and some ‘parent’ organization that should have guided, directed, and protected you against the oppressor, but again did not do its job adequately. It is striking how many individuals and groups around the world today choose to perceive themselves, and to present themselves to others, as ‘victims’; it has indeed become a preferred characterization of our age, for it carries with it a rhetorical advantage that trumps all others. If you are able to cast yourself as a ‘victim’, and have others accept this, you disarm and neutralize criticism, not only of what you are, but of what you are currently doing – because the latter can be presented as a just ‘compensation’ for what you have suffered. As with guilt, there is no built-in quota or statute of limitations. This rhetoric was not as common thirty or forty years ago.There is an added factor here in America and the New World generally where, according to a whispered criticism, as our ancestors crossed the ocean, they experienced a ‘drop in civilization’. Life here was initially without some of the structures and institutions which had evolved over thousands of years in the Old World, which could thus be presumed there but here were absent. As we won with difficulty our independence, we unconsciously repudiated much of the ‘higher culture’ of the colonial master, throwing out the baby with the bathwater. As the ‘economic bubble’ of having won the Second World War has gradually dissipated, we discover we are handicapped by an absence of the forms of maturation and self-realization that arise in and are necessary for dealing with prolonged peace. In our ‘ideology of liberty’, our adults become essentially grown children, unschooled in anything higher, and thus have particular difficulty assuming the responsibilities of parenthood. They are forced to fall back upon a military style of giving orders, because on this side of the water, ‘final causes’ in the form of commonly admired or agreed on goals for striving are not in place. In this sense there is an absence of the ‘adequate father’. Further, as ‘American Culture’ expands through publicity and the media, we spread the same disease.There is another relevant factor, the ‘celebrity-liberationist’ lifestyle that has been diffused into the general population since the 1960's and has become a default secular ethic of our time, replacing the traditional Judeo-Christian decalogue. The former is invoked as a justification for aggressively seeking fame and fortune, and making no attempt to conceal this; rather than worrying that such an attitude will cause offense, it is worn proudly and defiantly in the hope that others will identify with it, thereby branding the performer a cultural hero. This popular strategy towards fulfilment itself rests on a metaphysic of ‘expressive individualism’, a position that holds that the supreme ethical imperative to which other obligations must be subordinated is for each to bring forward their hidden noumenal core, the only source of value, into phenomenal appearances where it may be admired and benefit others and such that creation will for the first time be complete. This change in Western culture made possible by greater affluence and security represents a trickle-down phenomenon and democritization of the awe reserved for the artist revered as a genius during the nineteenth century, now spread to the entire population. Anything that constrains this expansion, which interrupts or limits this transfer, is to be rejected as parental abuse, psychological repression, or cultural imperialism. (shrink)

To compose a Christian book on exemplary Christian living, Ambrose appropriates and criticizes Cicero's book on "duties," "De officiis." In many passages within the moral part of his "Summa of Theology," Thomas Aquinas incorporates quotations from both Cicero and Ambrose. Comparison of the three texts raises issues about the relation of genres to terms, arguments, rules, and ideals in religious teaching. Genre becomes a useful category for analyzing religious rhetoric only when it is conceived as a set of persuasive or (...) pedagogical relations below a text's surface disposition. (shrink)

The article shows that in the Archaic period the Greeks did not possess a term equivalent to Classical ποιητής “poet-composer.” The principal meaning of the word άοιδός, often claimed to correspond to ποιητής and modern English poet, was “tuneful” or “singer” . The secondary meaning “poet working in the hexameter medium” is limited to the post-Iliadic hexameter corpus. It is furthermore possible to show that the simplex άοιδός was backderived from a compound. More specifically, following Hermann Koller, I propose that (...) the secondary meaning, being an epic innovation, developed from the compound *θεσπιαοιδός “singer of things divine,” whereas the primary meaning “singer” may go back to έπαοιδός, which later acquired the specialized meaning “singer of incantations.”. (shrink)

The aim of my dissertation is to show that Plato’s metaphysics in the Laws (Chapter 1) commits him to particular accounts of virtues (Chapter 2) and political leadership (Chapter 3). In the first chapter, I show that Laws X contains a metaphysical-cosmological theory that is directly relevant to Plato’s discussion of virtue. With this proposal, I reject the assumption that Plato’s Laws does not contain any extended discussion of metaphysics. I develop this argument by attending to a puzzling passage that, (...) I think, has not received the attention it deserves: in X 896d-e Plato seems to talk of a good and a bad cosmic soul. Given his theological-cosmological commitments, it seems inconceivable that he takes there to be a bad cosmic soul. This passage, I argue, makes sense once we attend to the immediately preceding text. This text contains a comprehensive metaphysical account of movement in the universe. Plato presents ten kinds of movement, among them “Other Movement” and “Self/Other Movement.” Only the Self/Other Movement of the cosmic soul is independent and good. This account enables us to make sense of the passage that mentions a bad cosmic soul: Plato entertains the hypothesis that there is such a soul, because he must explain where bad things in the universe come from. But the hypothesis that they come from a bad cosmic soul is immediately dismissed. Instead, the bad in the world is generated by those kinds of movements that are “lesser” as compared to the Self/Other Movement of the cosmic soul. This includes human movement. Human beings are Dependent Self-Movers: they participate both in bodily movement (Other Movement) and in psychic movement (Self/Other Movement). Since bodily movement is dependent, human beings cannot be inherently good. This status limits humans and makes them passive, weak, and inherently vulnerable to corruption. In the second chapter of my dissertation, I turn to the intriguing notion of demotic virtues. According to Plato, attainable virtues are “demotic,” literally, “people-like.” So far, there is not much scholarship on this notion, as Plato construes it in the Laws. Insofar as there is work on demotic virtue in Plato, it tends to address passages from across the corpus. Contrary to this approach, I argue that the very framework of the Laws draws attention to the way in which human nature frames our ability to become virtuous. In the Laws, demotic virtues are the virtues of human beings. On this reading, “demotic” speaks to the ethical implications of a dependent nature. Human beings cannot attain perfect virtue. Only divine beings are perfect models of virtue; they are also perfect models of political organization, psychic states, as well as poetic and governance skills in the Laws. Demotic virtues, on the other hand, are a humanly-accessible type of virtue that does not require precise knowledge, and that everyone can possess. Given their ethical limitations, the “first-best” political system (i.e. the one achieved solely through reason) is out of human reach. But mortals have access to a second-best tool to achieve a second-best order: laws. Laws are expressions of νοῦς tailored to human needs, and are meant to make humans as godlike as possible. In the third chapter, I argue that none of Magnesia’s magistrates possesses perfect virtue. Plato first introduces demotic virtues when he discusses the city’s rulers. Why should “people-like” virtues figure in the discussion of those who are presumably best? I believe that this puzzle is instructive; its solution reveals an important aspect of the Laws’ theory of virtue. The rulers have two features (XII 965a-968a): they have cosmological knowledge about soul and universe, and they have demotic virtues. Rather than assume that both of these traits differentiate them from the non-rulers, I argue that only the first trait, their knowledge, marks them out. Rulers have knowledge that others lack, but they cannot attain a different type of virtue based on that. Through an examination of Magnesia’s offices, I show that even the highest-standing officials must make an ongoing effort to sustain virtues. An analogous consideration applies to the laws. Laws can attain a high level of goodness, but they inherit the temporal and imperfect nature of their human creators. Over time, and viewed in the light of experience, laws require amendments and corrections. Eventually, Magnesia’s officials will declare them stable, but not because they attain inherent stability. Rather, the laws should be perceived as stable, and hence the process of amendments shall be called to a halt. My account of the magistrates’ demotic virtues explains why Magnesia depends on an intricate system of examination and testing. Plato scholars tend to be fairly silent on these policies of testing. I argue, however, that Plato makes a proposal we can appreciate: rather than defend the superior standing of rulers, he argues for political accountability. This need to hold leaders accountable is the political manifestation of the type of virtue human beings can attain, one that is “people-like” rather than “divine-like.”. (shrink)

Plato and Platonism held a significant place in British intellectual inquiry in the eighteenth century. Louise Hickman enters this largely unexplored territory with a valuable study of select elements in the theological and political arguments of certain British divines. She is particularly concerned to expose the limitations of familiar and narrowly-rational arguments that in the eighteenth century supported natural religion and theology, and to bring to the fore a countervailing rational theology that discovers in and for the human mind the (...) eternal and immutable truth that is divine.The principal figure in Hickman’s study is Richard Price, rational dissenting minister, friend of liberty and America, and author of... (shrink)

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of Kant's view of justice, of the structure (...) of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Fertility clinicians participate in non-sexual reproductive projects by providing assisted reproductive technology (ART) to those hoping to reproduce, in support of their reproductive goals. In most countries where ART is available, the state regulates ART as a form of medical treatment. The predominant position in the reproductive rights literature frames the clinician’s role as medical technician, and the state as a third party with limited rights to interfere. These roles broadly align with established functions of clinician and state in Western (...) liberal democracies, where doctors have duties to provide safe, beneficial and legal healthcare to all who seek it. Recognised state responsibilities include safeguarding equitable access to medical services and protecting and promoting reproductive liberty.I argue against this normative moral framing of clinician and state involvement in non-sexual reproduction, suggesting that clinician and state join the non-sexual reproductive project at the point of triggering conception. Begetting a child is more than just the provision and regulation of healthcare; it generates rights and confers responsibilities on all who join this morally significant project. All who collaborate have the right to join or refuse to join the project. I suggest this is intuitively understood in the sexual realm, but not in the non-sexual realm. My key substantive claim is that non-sexual reproduction is a pluralist pursuit that morally implicates more than the genetic and gestational contributors. I find that while the moral basis of a clinician or the state’s right to refuse to join the ART project is the same as for those providing gestational or genetic input, the reasons that morally underpin their refusal differs. (shrink)

As we wrestle with the role and limits of policing, a political philosopher who spent over two decades as a New York City police officer and Vermont chief of police presents a normative account of what it means to police a pluralist democracy. Invoking his vast experience, Brandon del Pozo argues that we all have the prerogative to use force to protect others, but police embody the government's unique duty to do so effectively and with restraint. He recasts order maintenance (...) as brokering and enforcing the fair terms of social cooperation in our public spaces, for the protection of minority interests, and for a society where diverse conceptions of the good can flourish. The reasons why we police, he says, must be ones that all citizens can evaluate as equals. His book explains the democratic commitments of policing, and lays the groundwork for meaningful police innovation and reform. (shrink)

Independent on Sunday October 2nd One of the country's lead­ing philosophical counsellers, and chairman of the Society for Philosophy in Practice (SPP), Tim LeBon, said it typically took around six 50 ­minute sessions for a client to move from confusion to resolution. Mr LeBon, who has 'published a book on the subject, Wise Therapy, said philoso­phy was perfectly suited to this type of therapy, dealing as it does with timeless human issues such as love, purpose, happiness and emo­tional challenges. `Wise (...) Therapy, is part of a series aimed at promoting an integrative attitude as its ethos. Among all the many perspectives of psychotherapists and counselors, philosophy needs to take its place and needs to find its voice. Tim LeBon has provided an effective means by which counselors can bring philosophy into their work with clients' - APPA journal `Tim Le Bon's Wise Therapy is a comprehensible and well argued book dealing with the practical therapeutic applications of philosophical research that may well be of interest to philosophers but -- as the author himself intends -- will be of most obvious benefit to therapists and counselors, both by informing their dialogue with clients in new ways and by helping them become more informed about ways to resolve the ethical dilemmas arising within the context of their own work' - Metapsychology `A fascinating workshop for therapists and clients, backed up a thorough degree if philosophical acuity' - Journal of the Society for Existential Analysis `I strongly recommend the book for philosophers as well as practitioners, teachers, students and supervisors in counselling and psychotherapy' - Self and Society `Provides some additional and valuable arrows for the therapist's quiver' - Irvin Yalom, author of Love's Executioner `Like Aristotle, Tim LeBon examines what is said and extracts what is best from it…. There are many fascinating exercises designed to bring out and enlighten the client's values, conception of the good life, well-being, happiness, pleasure, and the proper place of reason in life…. Wise Therapy is well written and engaging. The case histories are illuminating examples of therapeutic techniques at work, the thought experiments are well designed, and the philosophical position adapted from the internal debates of the philosophers is level headed…. I recommend it highly to philosophers with an interest in counselling, and psychological counsellors with an interest in philosophy' - Jeff Mason, The Philosophers' Magazine `Tim LeBon has… authored a text which should become a staple on the philosophical counsellor's bookshelf…. Wise Therapy is a concise, well-written book…. His ability to relate philosophical concepts to counselling concerns is admirable and attests to the skill and knowledge he possesses as a working counsellor. But, by far the most important part of Tim LeBon's book to PC is the last chapter, "The Counsellor's Philosophical Toolbox"' - Craig Munns in The Examined Life ` Tim LeBon has done a good job of offering practical approaches to some of the most important and vexing issues that arise in counselling…. Tim LeBon's book contains helpful suggestions, practical information, and useful examples, and would make a good addition to the library of any counsellors willing to allow philosophy to turn mere client sessions into wise therapy' - Peter Raabe, Practical Philosophy Wise Therapy is an original and practical guide to how philosophy can benefit counselling and psychotherapy. Tim LeBon argues that therapy, informed by philosophy, can help clients make better decision and achieve emotional wisdom. He uses philosophical approaches to explore issues of right and wrong, the emotions and reasons, well-being and the meaning of life, and develops a 'counsellor's toolbox' of techniques that can help practitioners apply the wisdom of philosophy to good therapeutic practice. For counsellors who may find philosophical approaches to therapy useful, this work addresses key philosophical topics - the emotions, free will, the meaning of life and ethics. It is jargon-free where possible and assumes no previous philosophical training. From The Independent, 16th November 2004 Plato is my agony aunt It was the end of a love affair that broke her heart. Could the wisdom of the great philosophers show her how to be happy again? Claire Smith tries a novel form of therapy "The unexamined life is not worth living," Socrates said. Nor is the life you're left with after your boyfriend has left you for another woman - at least, that's how it felt in October last year when mine broke rank and went off with an art student from Cleveland, Ohio. We were over there for the opening of his new art exhibition. He'd flown over four days before me and had met her at a party. Supposedly, they "connected". The five months that followed were a roller-coaster of confusion, vitriol and despair. I knew there'd been problems in our relationship. We saw the world very differently; he delighted in the charm of the ordinary, I wanted maximum divinity. He walked; I galloped. He drank tea; I loathed the stuff. But, along the banks of the Thames, we'd made a promise to always stick together. Our love was something unique: "transcendental", I called it. And besides, we recycled. Surely a commitment to save the world would save our relationship? Alas, no. So there I was, a woman scorned. Hell truly hath no greater fury. And what made it worse was that I still believed in our transcendental love. If I wanted to change the way I was feeling, I needed to alter the way I was thinking. But how? A few bottles of wine and a sharp blow to the head might have done the trick. Fortunately, there's an older, more trusted way of turning your head on its head that counsellors are starting to use: philosophy. The idea of employing Plato as an agony aunt was begun in 1981 by the German philosopher Gerd Achenbach. Although philosophy spends a lot of its time asking real-life questions that affect real-life people - What is happiness? And is it always wrong to lie? - most of the debate goes on in ivory towers. What Achenbach and subsequent philosophers including Tim LeBon, the chairman of the UK's Society for Philosophy in Practice, wanted to do was "give practical application" to this gigantic library of great thoughts. So how does it work? Like most types of therapy, you sign up for a set of sessions. "Two would give you a new perspective on one issue; six would help you to make a major life-decision, like a career change; with 12 you can start to rethink your entire life philosophy," explains LeBon. Each session lasts 50 minutes and costs £50 - and, no, you don't have to have any previous knowledge of philosophy. "If you think of Friends, it would suit Ross and Chandler more than Joey," LeBon says. "It's for anyone who wants to make their emotions more intelligent. Or for those who have tried other kinds of therapy, and want something more cerebral." The first session begins with the patient venting off about whatever's troubling them. The rant over, the counsellor then picks out some key concepts that are crucial to the problem - in the case of heartbreak, it is love and happiness that come hurtling to the fore - and then gets the patient to define what they mean. So, what is love? What is happiness? To kick-start the patient's thinking, LeBon describes what a great philosopher had to say about it. In my case, he tells me what Plato wrote about love in his Symposium: that to stop man fighting the gods, Zeus decided to cut each human in two, so they would lose their strength. "This, then, is the source of our desire to love each other," Plato said. "Each of us is a 'matching half' of a human whole, because each was sliced like a flatfish, two out of one, and each of us is always seeking the half that matches him." This method of probing what we might think are "obvious" ideas, such as love and happiness, was devised by Socrates in the squares of Athens. "The only I thing I know is that I know nothing at all," he boasted. What Socrates showed was that although many of the thinkers of his time thought they knew what justice, happiness and goodness meant, their understanding was tied in to their personal agenda and world view, and, what's more, when pushed, their ideas often contradicted themselves. A bit like me on love. Whereas part of my understanding of love was something that gave life meaning, made it worth living and bound us together, I also believed that true love was "transcendental": that it was out of this world, and it didn't matter if the two people who loved each other couldn't get along in the day-to-day. Love was bigger than the mundane. But when it came to the next stage of the therapy, critical thinking - "to check out whether your assumptions stand up to examination" - I walked head first into a contradiction. If I think love's purpose is to make life worth living, but then say it's irrelevant to daily life, surely my two ideas of love are not compatible? As the cogs in my brain start to creak into motion, I feel myself taking a step back from my predicament: thinking about how I've been thinking. This idea I had of transcendental love might have started off as a romantic dream. But when the relationship stopped working, and I found myself feeling trapped and frustrated, I used it to justify the mechanics of a relationship that just didn't work in the daily grind. I used it to lie to myself. In the final stage, LeBon gets me to start thinking about how to go forward. "You can't change what has happened," he says. "You can't change that he's left you, or how you behaved in the relationship. So, as the Stoics did, let's work on controlling the controllables: the things that you can change." To work out what can be changed, he gets me to try out a thought experiment, a method often used in philosophy to imagine other worlds where people can have different codes of behaviour. Thought experiments shatter your preconceived ideas of how the world should be and let your imagination run wild to how the world could be. "I find Viktor Frankl very useful here, the Austrian psychiatrist and concentration-camp survivor who actually believed that everything in life happens for a purpose," LeBon says. "Suppose this break-up did happen for a reason that will work to your benefit," he suggests. "What might that be? The answer might be that you can now focus on something important that was denied in the relationship. Or - the Hollywood version - so you'll meet someone who is really right for you." Temporarily freed of any sense of responsibility for the relationship that was, and its sorry demise, the list came fast. I could now travel more; he didn't like me travelling on my own, but too often he didn't want to go anywhere, preferring to stay in his studio and make art. I'd love to meet someone with a similar sense of adventure to mine. For the first time in two years, I was being honest with myself about what I really wanted - listening to those voices that we all have inside our heads, and too often try to muzzle. So did philosophy save me? Well, I'm now dating a travel writer I have to run to keep up with. I still haven't got over the fact that my replacement came from Cleveland, Ohio. But I guess I never will. Tim LeBon can be reached by e-mail at [email protected] A FEW WORDS FROM THE WISE Compiled by Ed Caesar · "At the touch of love, everyone becomes a poet" - Plato · "There is always some madness in love. But there is also always some reason in madness" - Friedrich Nietzsche · "That man shall live as his own master and in happiness who can say each day 'I have lived'" - Horace · "The good of man is the active exercise of his soul's faculties in conformity with excellence or virtue... Moreover this activity must occupy a complete lifetime; for one swallow does not make spring, nor does one fine day; and similarly one day or a brief period of happiness does not make a man supremely blessed and happy" - Aristotle · "There is nothing on this earth more to be prized than friendship" - Thomas Aquinas · "Whatever you do... love those who love you" - Voltaire · "Happiness is not an ideal of reason but of imagination" - Immanuel Kant · "Happiness is a state of which you are unconscious. The moment you are aware that you are happy, you cease to be happy" - Jiddu Krishnamurti · "Love is an ideal thing. Marriage is a real thing" - Johann Wolfgang von Goethe I shrink, therefore I am Therapy has many answers, but some questions require the help of a philosopher, says Clint Witchalls Sunday November 21, 2004 The Observer Danny had worked in the City of London for 10 years. As a research analyst, stockbroker and fund manager, he'd made a lot of valuable contacts, earnt a lot of cash, and learnt some important business skills. However, as he approached his mid-thirties, he no longer felt good about himself or what he did for a living, and he found his colleagues cold and unfriendly. A chronic illness made him realise his mortality, and he began to reassess his priorities. Danny had been struggling with his career conundrum for nearly five years when he met David Arnaud, a philosophical counsellor. After a few soul-searching sessions, Danny arrived at a decision. Today, he teaches economics to sixth-formers, and he loves it. 'It's a much better lifestyle,' he says. Many people are turning to philosophical counsellors to get answers to questions such as: 'How do I make sense of myself?' 'What is important to me?' 'Where am I going?' These are perhaps not the sort of questions that require psychiatric intervention, but Arnaud, who recently completed the first empirical study of philosophical counselling in the UK, has found that within just five sessions the majority of clients, with important decisions to make, tend to move from a state of concern and confusion to a resolution. Modern philosophical counselling can be traced back to 1981, when the philosopher Gerd Achenbach opened the first practice near Cologne. Achenbach referred to the new discipline as 'therapy for the sane.' Today, there are hundreds of philosophical counsellors around the world, with the movement particularly strong in the US, Britain and the Netherlands. 'The dilemmas people face aren't always primarily psychological,' says Alex Howard, a philosophical counsellor from Newcastle. 'If people face problems that are social or economic, it doesn't make sense to define their problems in purely psychological terms.' Tim LeBon, a founder member of the Society for Philosophy in Practice (SPP) and author of Wise Therapy, adds: 'We are faced with far more life choices than our grandparents, yet have far fewer resources to deal with them. Our grandparents may have gone to a priest or to other family members for advice; most people don't trust these solutions any more and so want to make their own well-informed, well thought-out choices. Philosophical counselling can help these people - people in mid-life crises who are wondering how to make the most of the rest of their life. People who want to take stock of their values.' Where stressed executives might once have been prescribed a course of tranquillisers or antidepressants, they can now get a dose of Bertrand Russell instead: 'Success is too dearly purchased if all the other ingredients have been sacrificed to obtain it.' While some philosophical counsellors do recommend books for their clients to read, most sessions are about helping the client identify faulty thoughts. For example, a briefing in Aristotelian logic might show a client why their beliefs are erroneous. The person might infer that they're a screw-up because they've screwed up. The counsellor could point out that they're making an error called 'fallacy of composition' - that is, what's true of the part isn't necessarily true of the whole. In philosophical counselling, problems aren't pathologised as they are by the psychiatric profession, and the dialogue between client and counsellor is more like a meeting of equals, compared to many therapies where the client is treated like a patient and seen as someone who is, in some way, inadequate. 'Anybody can benefit from philosophical counselling,' says Howard. 'But it does require someone who is willing to take stock.' Lou Marinoff, author of international bestseller Plato Not Prozac! has done much to promote philosophical counselling. 'Some people who have stabilised their neurochemistry and validated their emotions now wish to examine or re-examine the criteria of their beliefs, the principles of their conduct, or the meaning of their lives,' he says. 'With whom shall they do this? Psychologists and psychiatrists can shed light on such issues - as can rabbis, priests, imams and gurus. Philosophers are now rejoining the ranks of helpers.' LeBon believes certain therapies (such as cognitive behavioural therapy) don't go far enough in helping their clients. 'For instance, if you are anxious about your relationship, a cognitive therapist would try to dispute your catastrophising and jump to conclusions to make you feel less anxious,' says LeBon. 'A philosophical counsellor would do this, but would also look for existential meaning in your anxiety - perhaps you really don't want to be in the relationship and that is what your anxiety is telling you.' LeBon also gives short shrift to psychoanalysts. 'There's very little evidence for the Freudian unconscious, and it's time to move on to more intellectually satisfying and helpful therapies,' he says. However, Alain de Botton, the man who popularised philosophy as self-help, isn't ready to bury psychologists and their ilk just yet. 'The truth is that psychoanalysis grew out of philosophy - it's not some completely new idea, and in fact, done properly, psychoanalysis is philosophical anyway. It may even be dangerous to the mental health of some people to suggest a philosopher rather than a properly trained analyst. The knowledge of analysts when it comes to many emotional problems is now much greater than that of most philosophers.' Guardian Unlimited © Guardian Newspapers Limited 2004. (shrink)

This book provides a multidisciplinary analysis of the potential conflict between a government’s duty to protect children and a parent’ right to raise children in a manner they see fit. Using philosophical, bioethical, and legal analysis, the author engages with key scholars in pediatric decision-making and individual and religious rights theory. Going beyond the parent-child dyad, the author is deeply concerned both with the inteests of the broader society and with the appropriate limits of government interference in the private sphere. (...) The text offers a balance of individual and population interests, maximizing liberty but safeguarding against harm. Bioethics and law professors will therefore be able to use this text for both a foundational overview as well as specific, subject-level analysis. Clinicians such as pediatricians and gynecologists, as well as policy-makers can use this text to achieve balance between these often competing claims. The book is written by a physician with practical and theoretical knowledge of the subject, and deep sympathy for the parental and family perspectives. As such, the book proposes a new way of evaluating parental and state interventions in children's’ healthcare: a refreshing approach and a useful addition to the literature. (shrink)