The German philosopher Robert Spaemann provides an important contribution to a number of contemporary debates in philosophy and theology, opening up possibilities for conversation between these disciplines. He engages in a dialogue with classical and contemporary positions and often formulates important and original insights which lie beyond common alternatives. In this study Holger Zaborowski provides an analysis of the most important features of Spaemann's philosophy and shows the unity of his thought. The question 'Who is a person?' is of (...) increasing significance: Are all human beings persons? Are there animals that can be considered persons? What does it mean to speak of personal identity and of the dignity of the person? Spaemann provides an answer to these questions: Every human being, he argues, is a person and, therefore, 'has' his nature in freedom. In order to understand the person, Spaemann explains, we have to think about the relation between nature and freedom and avoid the reductive accounts of this relation prevalent in important strands of modern thought. Spaemann develops a challenging critique of modernity, incorporating analysis of modern anti-modernisms and showing that these are also subject to a dialectical development, perpetuating the problematic shortcomings of many features of modern reasoning. If we do not want to abolish ourselves as persons, Spaemann reasons, we need to find a way of understanding ourselves that evades the dialectic of modernity. Thus, he reminds his readers of 'self-evident' knowledge: insights that we have once already known, but tend to forget. (shrink)

This article explores a problem of the articulation of an adequate account of the human person in both philosophical and nursing theory. It follows the lead of philosopher Norris Clarke in suggesting that there has been a significant division in the way philosophers have looked at the human person and goes on to suggest that this division is paralleled in prominent nursing theories. The paper reviews and argues for the synthesis of two contemporary philosophic theories of (...) the person that arise from the traditional philosophical division, and uses Clarke's account to show the ontological need for such a synthesis if we are to have a more adequate account of the human person. Next, accounts of the person identified in a number of the prominent theories of nursing are briefly reviewed revealing the vast complexity of the person encountered in nursing practice. It is suggested that each new theory of nursing is founded, at least in part, on the need to account for attributes of the person missing from prior nursing theories. It will be seen that the synthesized account of the person argued for here more adequately accounts for the various attributes identified in these nursing accounts and it is hoped that this synthesized account will serve as a somewhat more complete basis for a continued exploration of the persons encountered in nursing practice in its many and varied manifestations. (shrink)

At the center of the various transformations and advancements inmodern society is man. It is man by whom and for whom these transformations and advancements are made. But one negative factoraccompanying these transformations is the violence or the degradation of the human person and his dignity, more alarming is the violence committed by man against his fellow man. Today, there is so much violence in the world, everyday we hear about killings, kidnappings, rapes, abortion, terrorist attacks, hunger, wars (...) and many other acts of violence. It is ironic that, while the human person is the very victim of this violence, it is also the human person who is the perpetrator of such violence, man is simultaneously the victim and the culprit. Man indeed is a paradox, for while he is bestowed with dignity and good nature, he is also capable of doing evil and inflicting harm against others. This violent tendency happens because man fails to acknowledge the very dignity of his nature which is rooted in his fundamental relation with God and extended to his fellow human beings. Man is by nature good, but he is also capable of doing evil things. The Catholic Church through its teachings and writings have always emphasized the value of the person, while at the same time acknowledging the fact that he is as much capable of degrading himself. The Pastoral Constitution of the Church in the Modern World, “Gaudium et Spes” acknowledges the many divergent and contradicting opinions of man about himself, one of which “exalts man as the absolute measure of all things and debases himself to the point of despair. The result is doubt and anxiety.”. (shrink)

Edith Stein’s work revolves around one central question, namely, the identity of the person. Discussions of this topic are already present in Stein’s dissertation. Iexamine her theory of identity, developed throughout her work and maturing in her magnum opus, Finite and Eternal Being, in three stages, each of which is historically relevant and original. First, Stein’s development of the question is examined phenomenologically, focusing on Stein’s early work. Second, I will show how Stein takes her early phenomenological positions concerning (...) the nature of the human person and combines them with Greek and medieval insights into ontology. Here I focus on Finite and Eternal Being. Finally, I concentrate on the meaning and value of Stein’s theory of identity as it contributes to a theory of the person in connection with Greek and medieval metaphysics, and a phenomenological philosophy of consciousness. Together, the three stages of the essay will demonstrate Stein’s systematic contribution toward a theory of personal identity, one of the most difficult problems of philosophy. (shrink)

Edith Stein’s work revolves around one central question, namely, the identity of the person. Discussions of this topic are already present in Stein’s dissertation. Iexamine her theory of identity, developed throughout her work and maturing in her magnum opus, Finite and Eternal Being, in three stages, each of which is historically relevant and original. First, Stein’s development of the question is examined phenomenologically, focusing on Stein’s early work. Second, I will show how Stein takes her early phenomenological positions concerning (...) the nature of the human person and combines them with Greek and medieval insights into ontology. Here I focus on Finite and Eternal Being. Finally, I concentrate on the meaning and value of Stein’s theory of identity as it contributes to a theory of the person in connection with Greek and medieval metaphysics, and a phenomenological philosophy of consciousness. Together, the three stages of the essay will demonstrate Stein’s systematic contribution toward a theory of personal identity, one of the most difficult problems of philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December (...) 1948;Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

In this paper I examine the question of when human life begins from a neo-Aristotelian perspective. In my view, the basic principles of Aristotle’s metaphysics inform an account of human life (and the human person) that offers the best available explanation of the available phenomena. This account – the substance account of the human person – can fully incorporate the contemporary findings of empirical embryology, while also recognizing the essential uniqueness of rational human (...) nature. (shrink)

This article seeks to understand the metaphysical nature of human person that helps in understanding the human behavior. This behavior is dictated by the existence of Utu in the human person. The paper relates human behavior with utuism and explains the reasons why human person behave in a particular way.

Catholic philosophical anthropologists have defended views of the human person on which we are not reducible to anything non-personal. For example, it is not the case that we are nothing but matter, souls, or parts of society. Nevertheless, most Catholic anthropologies have been reductionistic in other ways. Mark K. Spencer presents a philosophical portrait of human persons on which we are entirely irreducible to anything non-personal, by synthesizing claims from many strands of the Catholic tradition. These include (...) Thomism, Scotism, phenomenology, personalism, nouvelle théologie, analytic philosophy, Greek and Russian thought, and several others. It adjudicates among these traditions' claims by considering whether they are grounded in how we appear in experience and whether they are non-reductionistic. While many metaphysical claims about persons are defended, the picture that ultimately results is one on which persons are best grasped not through abstract concepts but through aesthetic perception, as unique kinds of beauty. This portrait also shows how we have many irreducible parts, principles, and powers. Various chapters explore the irreducibility of our subjectivity, senses, intellect, freedom, and affections, and of our souls, bodies, acts of existence, and activities. Readers will also find explorations of divine simplicity and causality, the nature of matter, organisms, and artifacts, all of which must be understood to fully grasp our own irreducibility. In considering how to synthesize various traditions' claims, the book also offers new solutions to a number of prominent debates in contemporary Catholic philosophy. These include debates over natural law, the natural desire to see God, the separated soul, the nature of gifts, integralism and personalism, idealist and realist phenomenology, and various scholastic accounts of the act of existence. The picture of persons thereby developed helps the reader to perceive persons more perfectly. (shrink)

In this book, Robert Sokolowski argues that being a person means to be involved with truth. He shows that human reason is established by syntactic composition in language, pictures, and actions and that we understand things when they are presented to us through syntax. Sokolowski highlights the role of the spoken word in human reason and examines the bodily and neurological basis for human experience. Drawing on Husserl and Aristotle, as well as Aquinas and Henry James, (...) Sokolowski here employs phenomenology in a highly original way in order to clarify what we are as human agents. (shrink)

Politics and Modernity provides a critical review of the key interface of contemporary political theory and social theory about the questions of modernity and postmodernity. Review essays offer a broad-ranging assessment of the issues at stake in current debates. Among the works reviewed are those of William Connolly, Anthony Giddens, J[um]urgen Habermas, Alasdair MacIntyre, Richard Rorty, Charles Taylor and Roy Bhaskar. As well as reviewing the contemporary literature, the contributors assess the historical roots of current problems in the works of (...) Nietzsche and Max Weber. (shrink)

The questions of whether there is a shared nature common to all human beings and, if so, what essential qualities define this nature are among the most widely discussed topics in the history of philosophy and remain the subject of perennial interest and controversy. This book offers a metaphysical investigation of the composition of the human essence-that is, with what is a human being identical or what types of parts are necessary for a human (...) being to exist: an immaterial mind, a physical body, a functioning brain, a soul? It also considers the criterion of identity for a human being across time and change-that is, what is required for a human being to continue existing as a person despite undergoing physical and psychological changes over time? Jason Eberl's investigation presents and defends a theoretical perspective from the thirteenth-century philosopher and theologian Thomas Aquinas. Advancing beyond descriptive historical analysis, this book places Aquinas's account of human nature into direct comparison with several prominent contemporary theories: substance dualism, emergentism, animalism, constitutionalism, four-dimensionalism, and embodied mind theory. There are practical implications of exploring these theories as they inform various conclusions regarding when human beings first come into existence-at conception, during gestation, or after birth-and how we ought to define death for human beings. Finally, each of these viewpoints offers a distinctive rationale as to whether, and if so how, human beings may survive death. This book's central argument is that the Thomistic account of human nature includes several desirable features that other theories lack and offers a cohesive portrait of one's continued existence from conception through life to death and beyond. (shrink)

This thesis is an investigation of Edith Stein’s later philosophical works with respect to the question of the human person to reveal in what way she engages with the thought of Thomas Aquinas while continuing to practice philosophy according to the phenomenological method of investigation. The investigation is focused primarily upon the confluence of understanding found in two of Stein’s later works, Endliches und ewiges Sein and Der Aufbau der menschlichen Person, with supplementary reference also made to (...) Potenz und Akt. Through an examination of these works under the themes of human nature, the human individual, and the human being’s relation to God, I show that Stein’s mature anthropology is expanded and augmented through her assimilation of certain anthropological and metaphysical teachings of Aquinas, namely, the classical definition of the person, the substantial unity of human nature and the soul as form of the body, and the analogy of being understood as an analogy of proportionality. Conversely, I show that Stein’s engagement with the thought of Aquinas, while simultaneously performing an independent phenomenological investigation of the human person, leads to a fundamental substantiation and development of these same received anthropological and metaphysical teachings. I propose that this complementary process of assimilation and development—a process I describe as a ‘progressive incorporation’ of the ‘conceptual apparatuses’ of Aquinas—leads to a significant reinterpretation of the conceptual content of each received teaching, a reinterpretation that I identify as a fundamental ‘personalization’ of the metaphysical anthropology of Aquinas brought about through Stein’s distinctively phenomenological perspective. Throughout the investigation, I seek to highlight the deep accord in the mature thought of Stein with the received teachings of Aquinas while also attending to any outstanding disagreements, most notably those regarding the formal structure of human nature, and formal bases of the individual being of the human being. Finally, I suggest that Stein can to a limited degree be read as a ‘Thomist’, if by ‘Thomist’ one understands a living philosophical confrontation with central Thomistic theses towards their clarification and development; and, moreover, that Stein’s mature anthropology can to a limited degree be understood as a ‘Thomistic anthropology’, inasmuch as it contains central Thomistic teachings now reinterpreted through their distinctive ‘personalization’. (shrink)

I engage the works of Michel Foucault and Jean-Luc Marion on the nature of personhood and the self. I find Marion’s phenomenology of the “gift” a more compelling account of personhood especially granting an intuition widely shared by personalist philosophers, namely, that persons are irreducible. I end by responding to objections from within the Christian philosophical tradition.

This monograph rigorously argues for a Thomistic account of the human person. Each chapter addresses different stages of...

A recurring theme in many places concerns the nurturing and maintenance of a civil society that is committed to justice, to human fulfilment and a community that actively pursues the good of all its members. The creation of a civil society where there is respect for persons and a concern for the good of others is an important social aim and though it is not the sole responsibility of educational institutions, they have a crucial role to play in its (...) development. It also evident that the creation of a civil society includes the family and the wider community and so in order to understand how a civil society is to be fostered, we need to understand relationality, a central concept in both the Western and Eastern understandings of human nature. If we reflect on contemporary education in both the East and the West, an important question to consider is the extent to which education measures up to developing in young people a sense of their responsibilities to one another, their families and to the wider community. In short the question of how well we are developing humane persons who are able to relate to one another and build a civil society. This article argues that there needs to be a rebalancing of the aims of education to include the development of those values and dispositions that will foster a civil society. (shrink)

It is surely not coincidental that the term "soul" should mean not only the center of a creature's life and consciousness, but also a thing or action characterized by intense vivacity ("that bike's got soul!"). It also seems far from coincidental that the same contemporary academic discussions that have largely cast aside the language of "soul" in their quest to define the character of human mental life should themselves be so--how to say it?--bloodless, so lacking in soul. This volume (...) arises from the opposite premise, namely that the task of understanding human nature is bound up with and in important respects dependent upon the more critical task of learning to be fully human, of learning to have soul. The papers collected here are derived from a conference in Oxford sponsored by the Centre of Theology and Philosophy and together explore the often surprising landscape that emerges when human consciousness is approached from this angle. Drawing upon literary, philosophical, theological, historical, and musical modes of analysis, the essays of this volume vividly remind the reader of the power of the ancient language of soul over against contemporary impulses to reduce, fragment, and overly determine human selfhood. (shrink)

Recent developments in the natural and social sciences have brought great benefits to humanity, both in terms of our material wellbeing and our intellectual and conceptual capacities. Yet, despite a broad ethical consensus and highly developed innate faculties of reason and conscience, there seems to be a significant discrepancy between how we ought to behave and how we actually behave, leading to a disregard for the dignity of human persons across the globe. This book suggests that the problem arises (...) from various misunderstandings of the nature of the self and that the solution could lie in adopting a holistic concept of the human person within the context of a carefully cultivated ethical literacy. It argues that the ideas of the Iranian philosopher Ostad Elahi (1895–1974) provide a powerful and compelling alternative to the dominant post-Enlightenment understanding of selfhood, education and morality. (shrink)

In his autobiographical-biographical study, Father and Son, Edmund Gosse describes how one evening, during his childhood, while his father was praying at - or, rather, over - his bed, a rather large insect dark and flat, with more legs than a self-respecting insect ought to need, appeared at the bottom of the counterpane, and slowly advanced… I bore it in silent fascination till it almost tickled my chin, and then I screamed ‘Papa! Papa!’. My Father rose in great dudgeon, removed (...) the insect and then gave me a tremendous lecture. 1. (shrink)

The article starts with the recognition of the fact that each human being is driven by the tendency to auto-preservation and, thus, to persevere in being, secure the corresponding living space and safeguard the proper place under the sun. Societies are understood as societies of self-preserving individuals wherein each member is after his or her own interests. This drive to realize oneself, however, may happen at the expense of the self-realization of others. Violence includes but is not limited to (...) physically injuring or annihilating persons. Recalling the thought of Emmanuel Levinas, the author of the article sees violence as the factor that interrupts any line of continuity between human beings, whereby they are made to play roles in which they no longer recognize themselves, and, thus, are forced or induced to carry out actions that, as such, simply will destroy every possibility for action itself The problem of violence, therefore, resides in a kind of interestedness in which, in the pursuit of own interests, we use and manipulate things, simply reducing them to ourselves. In other words, the present article calls our attention to the fact that each one of us can be a rampaging and ravaging force that not only assimilates things but also exploits and thus inflicts violence upon other human beings. The question here asked, therefore, is the one about the very possibility of violence and peace and, ultimately, if violence can at all be seen as a natural way for our becoming as human persons. /// O presente artigo parte do reconhecimento do facto de que cada ser humano é movido pela tendência à auto-preservação e, desse modo, a perseverar no ser, assegurar o respectivo espaço vital e a proteger o lugar que lhe é próprio debaixo do sol. Nessa medida, as sociedades humanas são compreendidas como sociedades de indivíduos que se auto-preservam sendo que nelas cada um dos indivíduos que as compõem estão simplesmente movidos pelos seus próprios interesses. Mas esta tendência para a auto-realização, contudo, pode frequentemente dar-se à custa da auto-realiza-ção dos outros. A violência inclui, mas não se limita à injúria física ou à aniquilação de pessoas. Assim, retomando o pensamento de Emmanuel Levinas, o autor do artigo reconhece na violência um factor que interrompe toda e qualquer linha de continuidade entre os seres humanos, processo esse em que eles são forçados ou induzidos a desempenhar papeis que, enquanto tais, simplesmente destruirão toda e qualquer possibilidade de acção enquanto tal. Nessa medida, o problema da violência reside num tipo de interesse segundo o qual, no processo de procurar realizar os nossos próprios interesses, nós usamos e manipulamos as coisas, simplesmente reduzindo-as a nós mesmos. Por outras palavras, o presente artigo chama a atenção para o facto de que cada um de nós pode muito bem transformar-se numa força violenta e destruidora que não só assimila as coisas, mas também as explora e, nessa medida, inflige violência sobre os outros seres humanos. Assim, a questão que aqui se levanta, portanto, é a questão acerca da própria possibilidade da violência e da paz e, em última análise, procura discernir até que ponto a violência tem alguma plausibilidade de poder ser vista como um dos modos naturais do nosso devir enquanto pessoas humanas. (shrink)

In this controversial new book O'Hear takes a stand against the fashion for explaining human behavior in terms of evolution. He contends that while the theory of evolution is successful in explaining the development of the natural world in general, it is of limited value when applied to the human world. Because of our reflectiveness and our rationality we take on goals and ideals which cannot be justified in terms of survival-promotion or reproductive advantage. O'Hear examines the (...) class='Hi'>nature of human self-consciousness, and argues that evolutionary theory cannot give a satisfactory account of such distinctive facets of human life as the quest for knowledge, moral sense, and the appreciation of beauty; in these we transcend our biological origins. It is our rationality that allows each of us to go beyond not only our biological but also our cultural inheritance: as the author says in the Preface, "we are prisoners neither of our genes nor of the ideas we encounter as we each make our personal and individual way through life.". (shrink)

The German philosopher Robert Spaemann is one of the most important living thinkers in Europe today. This volume presents a selection of essays that span his career, from his first published academic essay on the origin of sociology to his more recent work in anthropology and the philosophy of religion. Spaemann is best known for his work on topical questions in ethics, politics, and education, but the light he casts on these questions derives from his more fundamental studies in metaphysics, (...) the philosophy of nature, anthropology, and the philosophy of religion. At the core of the essays contained in this book is the concept of nature and the notion of the human person. Both are best understood, according to Spaemann, in light of the metaphysics and anthropology found in the classical and Christian tradition, which provides an account of the intelligibility and integrity of things and beings in the world that safeguards their value against the modern threat of reductionism and fragmentation. A Robert Spaemann Reader shows that Spaemann's profound intellectual formation in this tradition yields penetrating insights into a wide range of subjects, including God, education, art, human action, freedom, evolution, politics, and human dignity. (shrink)

Upon Scheler’ s death in 1928, Martin Heidegger remarked that he was the most important force in philosophy at the time. Jose Ortega y Gasset called Scheler "the first man of the philosophical paradise." The Human Place in the Cosmos, the last of his works Scheler completed, is a pivotal piece in the development of his writing as a whole, marking a peculiar shift in his approach and thought. He had been asked to provide an initial sketch of his (...) much larger works on philosophical anthropology and metaphysics--works he was not able to complete because of his early demise. Frings' new translation of this key work allows us to read and understand Scheler's thought within current philosophical debates and interests. The book addresses two main questions: What is the human being? And what is the place of the human being in the universe? Scheler responds to these questions within contexts of said two projected much larger works but not without reference to scientific research. He covers various levels of being: inorganic reality, organic reality (including plant life and psychological life), all the way up to practical intelligence and the spiritual dimension of human beings, and touching upon the holy. Negotiating two intertwined levels of being, life-energy ("impulsion") and "spirit," this work marks not only a critical moment in the development of his own philosophy but also a significant contribution to the current discussions of continental and analytic philosophers on the nature of the person. (shrink)

Integrating personality, behavioral, and cognitive theories of change, the author examines the operations, measurement, and evolution of behavioral and ethical standards that distinguish capitalism from other ideologies.

The Human Mind undertakes two tasks. One is to demonstrate that centuries of debate over how to state correctly the nature of the human mind and its relation to the human body arise from muddled thinking. By attending with care to ordinary, everyday language, this bogus thinking is exposed. The traditional distinction between the human mind and the human body is revealed as misbegotten. For that reason it is to be junked, along with centuries (...) of misguided competing theories. The second task is to draw attention to an alternative distinction we already make in everyday language. It is the distinction between a person and that person’s body. A previously undetected set of arrangements in everyday language is teased into full view to expose the character of a person’s physical and mental capacities. This set of arrangements applies to talk of all human capacities, such as the capacities to think, make a promise, dislike, be annoyed, turn left or reach for a banana. There is one simple pattern or formula that personal capacities have in common. To understand this arrangement in everyday language is to have the key to authentic understanding of the human mind and its place in the universe. (shrink)

The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas (...) are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

Hume is famous for his criticism of substantial minds, free will, and self-consciousness—central elements in traditional philosophical accounts of persons. His empiricism dissolves self-inspecting minds into heaps of distinct perceptions and turns cognitive faculties into successions of causally related, discrete impressions and ideas. Whatever regularities the complex ideas and their bundles or heaps display are explained by laws of association of ideas, which are supposed to play the same role in the mental world as Newton’s laws of gravitation play in (...) physical nature. This paper explores some strands of the new science of man proposed in Hume’s Treatise, in particular his account of personal identity.. (shrink)

Nagle, Cormac M The advent of the social sciences, psychology and sociology, and their development over the past eighty years or so have made us much more aware of the integrated nature of the human person. Today we are less likely to speak about souls and bodies as separate entities or to be dualistic in our thinking. Nevertheless, the influence of the Stoics in their teaching on natural law and its ethical implications, based on what is natural (...) physically, and later the attempt by Descartes to extend his mechanical approach to science to include human beings (he explicitly describes the body as a machine in his work, Description of the Human Body, (La description du corps humain) is an unfinished treatise, (1647) still seem to infect our thinking in the area of moral teaching and practice. (shrink)

For many species that reproduce sexually, how sex is expressed at different points across lifespan is highly contingent and dependent on various environmental factors. For example, in many species of fish, environmental cues can trigger a natural process of sex transition where a female transitions to male. For many species of turtle, incubation temperature influences the likelihood that turtle eggs will hatch males or females. What is the case for Homo sapiens? Is human sex expression influenced by contingent environmental (...) factors like we see in fish and turtles, with whom we share common ancestry and DNA? Our paper explores the current biological science of sex determination and how it applies to philosophical and theological accounts of the human person. We argue that while human sex determination is not susceptible to environmental cues to the same degree we see in other species, there is sufficient variability among the pathways of human sex development to complicate simplistic biological categories of male and female. (shrink)

Contemporary debate suggests that the new genetics may be changing ideas about the body and what it is to be human. Specifically, there are notions that the new genetics seems to erode the ideas that underpin modernity, such as the figure of the integrated, discrete, conscious individual body-self. Holding these ideas against the practices of genetic medicine, however, this article suggests a quite different picture; one that does not erase, but helps to keep in play, some crucial tenets of (...) humanism. The article examines how the genetic clinic constructs clinical pictures as new forms of portraiture: assemblages in which multiple and heterogeneous images of bodies and their parts are juxtaposed. Rather than these portraits just making the distributed and hybrid nature of personhood explicit, shifts in ground mean that what is being portrayed is the possibility of a ‘syndrome–genotype’ relation. At first sight this appears as a straightforward geneticization of the body and the unravelling of the figure of the individual. But the article illustrates how, at the same time as the portraits of syndrome–genotypes are made up of many heterogeneous parts, the clinic still keeps in play an idea of persons that remains, unlike their bodies, much more than the sum of their parts. All the parts that make up the body of the person can still, at moments, be transcended, to refigure the human: the complex individual of humanist thought. (shrink)

Is philosophy deaf to the sound of the personal voice? While philosophy is experienced at admiring, resenting, celebrating, and, at times, renouncing language, philosophers have rarely succeeded in being intimate with it. Hagi Kenaan argues that philosophy's concern with abstract forms of linguistic meaning and the objective, propositional nature of language has obscured the singular human voice. In this strikingly original work Kenaan explores the ethical and philosophical implications of recognizing and responding to the individual presence in language. (...) In pursuing the philosophical possibility of listening to language as the embodiment of the human voice, Kenaan explores the phenomenological notion of the "personal." He defines the personal as the irresolvable tension that exists between the public character of language, necessary for intelligibility, and the ways in which we, as individuals, remain riveted to our words in a contingently singular manner. _The Present Personal_ fuses phenomenology and aesthetics and the traditions of Continental and Anglo-American philosophy, drawing on Wittgenstein, J. L. Austin, Kant, Kierkegaard, and Heidegger as well as literary works by Kafka, Kundera, and others. By asking new questions and charting fresh terrain, Kenaan does more than offer innovative investigations into the philosophy of language; _The Present Personal_, and its concern with the intimate and personal nature of language, uncovers the ethical depth of our experience with language. Kenaan begins with a discussion of Kierkegaard's existential critique of language and the ways in which the propositional structure of language does not allow the spoken to reflect the singularity of the self. He then compares two attempts to subvert the "hegemony of content": the pragmatic turn of J. L. Austin and the poetic path of Heidegger. Kenaan concludes by turning to Kant and discovering an analogy between the experience of meaning in language and the aesthetic experience of encountering beauty. Kenaan's reconceptualization of philosophy's approach to language frees the contingent singularity of language while, at the same time, permitting it to continue to dwell within the confines of content. (shrink)

Is philosophy deaf to the sound of the personal voice? While philosophy is experienced at admiring, resenting, celebrating, and, at times, renouncing language, philosophers have rarely succeeded in being intimate with it. Hagi Kenaan argues that philosophy's concern with abstract forms of linguistic meaning and the objective, propositional nature of language has obscured the singular human voice. In this strikingly original work Kenaan explores the ethical and philosophical implications of recognizing and responding to the individual presence in language. (...) In pursuing the philosophical possibility of listening to language as the embodiment of the human voice, Kenaan explores the phenomenological notion of the "personal." He defines the personal as the irresolvable tension that exists between the public character of language, necessary for intelligibility, and the ways in which we, as individuals, remain riveted to our words in a contingently singular manner. _The Present Personal_ fuses phenomenology and aesthetics and the traditions of Continental and Anglo-American philosophy, drawing on Wittgenstein, J. L. Austin, Kant, Kierkegaard, and Heidegger as well as literary works by Kafka, Kundera, and others. By asking new questions and charting fresh terrain, Kenaan does more than offer innovative investigations into the philosophy of language; _The Present Personal_, and its concern with the intimate and personal nature of language, uncovers the ethical depth of our experience with language. Kenaan begins with a discussion of Kierkegaard's existential critique of language and the ways in which the propositional structure of language does not allow the spoken to reflect the singularity of the self. He then compares two attempts to subvert the "hegemony of content": the pragmatic turn of J. L. Austin and the poetic path of Heidegger. Kenaan concludes by turning to Kant and discovering an analogy between the experience of meaning in language and the aesthetic experience of encountering beauty. Kenaan's reconceptualization of philosophy's approach to language frees the contingent singularity of language while, at the same time, permitting it to continue to dwell within the confines of content. (shrink)

Is philosophy deaf to the sound of the personal voice? While philosophy is experienced at admiring, resenting, celebrating, and, at times, renouncing language, philosophers have rarely succeeded in being intimate with it. Hagi Kenaan argues that philosophy's concern with abstract forms of linguistic meaning and the objective, propositional nature of language has obscured the singular human voice. In this strikingly original work Kenaan explores the ethical and philosophical implications of recognizing and responding to the individual presence in language. (...) In pursuing the philosophical possibility of listening to language as the embodiment of the human voice, Kenaan explores the phenomenological notion of the "personal." He defines the personal as the irresolvable tension that exists between the public character of language, necessary for intelligibility, and the ways in which we, as individuals, remain riveted to our words in a contingently singular manner. _The Present Personal_ fuses phenomenology and aesthetics and the traditions of Continental and Anglo-American philosophy, drawing on Wittgenstein, J. L. Austin, Kant, Kierkegaard, and Heidegger as well as literary works by Kafka, Kundera, and others. By asking new questions and charting fresh terrain, Kenaan does more than offer innovative investigations into the philosophy of language; _The Present Personal_, and its concern with the intimate and personal nature of language, uncovers the ethical depth of our experience with language. Kenaan begins with a discussion of Kierkegaard's existential critique of language and the ways in which the propositional structure of language does not allow the spoken to reflect the singularity of the self. He then compares two attempts to subvert the "hegemony of content": the pragmatic turn of J. L. Austin and the poetic path of Heidegger. Kenaan concludes by turning to Kant and discovering an analogy between the experience of meaning in language and the aesthetic experience of encountering beauty. Kenaan's reconceptualization of philosophy's approach to language frees the contingent singularity of language while, at the same time, permitting it to continue to dwell within the confines of content. (shrink)

This essay evaluates the role of gender in the human person. According to the Thomistic account, gender is an accident of the material body. I suggest that the Thomistic account is in need of revision and examine a modified Thomistic account presented by John Finley, which establishes gender as an inseparable accident stemming from the soul. Finley’s account, which strives to remain faithful to Thomism, is closer to the essentialist position offered by personalist philosopher Edith Stein. I present (...) Stein’s account of gender as essential by focusing on two poignant claims made by Stein: that gender relates to the essence of the person as it unfolds from a spiritual core and that human nature is comprised of a dual species, male and female. I argue that these two claims serve to establish Stein’s essentialist position regarding gender. (shrink)

In this paper, I respond to Joshua Mugg and James T. Turner, Jr's claim that the doctrine of the resurrection requires the numerical sameness of ante- and post-mortem bodies. I argue that they have not shown that Scripture teaches this view and, therefore, that animalism, as opposed to substance dualism, does not offer a superior explanation for the necessity of the resurrection.

Music is at the centre of what it means to be human – it is the sounds of human bodies and minds moving in creative, story-making ways. We argue that music comes from the way in which knowing bodies (Merleau-Ponty) prospectively explore the environment using habitual 'patterns of action' which we have identified as our innate ‘communicative musicality’. To support our argument, we present short case studies of infant interactions using micro analyses of video and audio recordings to (...) show the timings and shapes of intersubjective vocalisations and body movements of adult and child while they improvise shared narratives of meaning. Following a survey of the history of discoveries of infant abilities, we propose that the gestural narrative structures of voice and body seen as infants communicate with loving caregivers are the building blocks of what become particular cultural instances of the art of music, and of dance, theatre and other temporal arts. Children enter into a musical culture where their innate communicative musicality can be encouraged and strengthened through sensitive, respectful, playful, culturally informed teaching in companionship. The central importance of our abilities for music as part of what sustains our well-being is supported by evidence that communicative musicality strengthens emotions of social resilience to aid recovery from mental stress and illness. Drawing on the experience of the first author as a counsellor, we argue that the strength of one person’s communicative musicality can support the vitality of another’s through the application of skilful techniques that encourage an intimate, supportive, therapeutic, spirited companionship. Turning to brain science, we focus on hemispheric differences and the affective neuroscience of Jaak Panksepp. We emphasise that the psychobiological purpose of our innate musicality grows from the integrated rhythms of energy in the brain for prospective, sensation-seeking affective guidance of vitality of movement. We conclude with a Coda that recalls the philosophy of the Scottish Enlightenment, which built on the work of Heraclitus and Spinoza. This view places the shared experience of sensations of living – our communicative musicality – as inspiration for rules of logic formulated in symbols of language. (shrink)