This paper constitutes the introduction to the Italian translation of an essay on the Pope’s infallibility written in Latin by John Locke between 1661 and 1662, in which Locke aims at setting the nature and the limits of the idea of infallibility in regards to biblical exegesis. The author puts this essay into its historical context, highlighting its main themes.

The fact that a number of popes have been bad in the sense that they did not even meet minimal standards of moral integrity and sincere piety poses a serious problem for Roman Catholicism. After surveying a gallery of these infamous popes, I hone in more exactly on just what the problem is. I then argue that the problem remains on both a weak providence view and a strong providence view. According to the former, there is no guarantee (...) that the man chosen pope is God’s will. According to the latter, deploying the resources of middle knowledge, God can make sure that popes infallibly avoid error and teach only truth by making sure the right man is chosen pope. Neither view satisfactorily explains how the papacy can be as important as Rome says it is while so many popes have been such unworthy holders of the office. (shrink)

The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of articles is (...) concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham. (shrink)

Hans Küng is a well-known, and harsh, critic of doctrine of papal infallibility declared at Vatican I, 1870–1871. It leads—he argues—not to transparent certainty, but away from it. A propos ‘infallibility’ and the still-running scandals of child sexual abuse by members of the Catholic clergy, he writes:…While Rome no longer dares to proclaim formally infallible doctrines, it still envelopes all of its doctrinal pronouncements with an aura of infallibility, as though the Pope’s words were a direct expression (...) of God’s will or Christ’s voice.Instead—that is—of getting a formal assertion as in the case of the doctrine of the Assumption of the Blessèd Virgin Mary, we now get obita dicta, cranky stuff about being silent on the matter of the ordination of women, and so on set forth as ‘“almost” infallible. So just shut up!’Taizé is OK: but taise toi! will no longer do. We are all the ‘priestly people of God’ according to Vatican II. Küng does not use the .. (shrink)

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

A dual relationship in psychotherapy occurs when the therapist engages in another, significantly different relationship with the patient. The two relationships may be concurrent or sequential. For both sexual and nonsexual dual relationships, men are typically the perpetrators and women are typically the victims. This article presents examples of dual relationships, notes the attention that licensing boards and other agencies devote to this topic, reviews the meager research concerning nonsexual dual relationships, and discusses common strategies that promote both sexual and (...) nonsexual dual relationships. (shrink)

Foreword This small volume contains two essays on conscience by Joseph Cardinal Ratzinger, now Pope Benedict XVI, written while he was Prefect of the...

This book is a translation of Petrus Hispanus' 13th century text.

Psychotherapy holds out the promise of help for people who are hurting and in need. It can save lives and change lives. In therapy, clients can find their strengths and sense of hope. They can change course toward a more meaningful and healthy life. They can confront loss, tragedy, hopelessness, and the end of life in ways that do not leave them numb or paralyzed. They can discover what brings them joy and what sustains them through hard times. They can (...) begin to trust, or to trust more wisely. They can learn new behaviors in therapy and how to teach themselves new behaviors after therapy ends. They can question what they always believed was a given. They can find out what matters most to them, and how to stop wasting time. They can become happier, or at least less miserable. They can become better able, as Freud noted, to love and to work. They can learn how to accept and love themselves just as they are and accept others who are different from them. Our ethics acknowledge and affirm our profession's responsibilities. This book was written to help strengthen, deepen, and inform ethical awareness and the sense of personal ethical responsibility. Its job is to help you hold onto the ideals-including ethical ideals-that called you into the profession to begin with, to help you develop and fulfill those ideals. There will be so much-trust us on this-that tends to dull ethical awareness, to make ethics drift out of focus, to create barriers between you and your ideals, to replace ethics with pseudo-ethics and ethics placebos. Fatigue, endless paperwork, unrealistic expectations, illness, family crises, not being able to make ends meet, burn out, threats of job loss, insurance coverage that doesn't come close to meeting the needs of our clients, biases that have not been addressed, and so many other forces can pressure us into cutting ethical corners. This book is intended to help you develop a strong and healthy resistance to such forces, to help you weather them without losing your ethical awareness and ideals. (shrink)

The overwhelming weight of legal authority in the USA and Canada holds that consent is not required for brain death testing. The situation in England and Wales is similar but different. While clinicians in England and Wales may have a prima facie duty to obtain consent, lack of consent has not barred testing. In three recent cases where consent for brain death testing was formally presented to the court, lack of consent was not determinative, and in one case the court (...) questioned whether the clinicians were even required to seek consent from the parents of a child at all. (shrink)

Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...

Growth in CSR-washing claims in recent decades has been dramatic in numerous academic and activist contexts. The discourse, however, has been fragmented, and still lacks an integrated framework of the conditions necessary for successful CSR-washing. Theorizing successful CSR-washing as the joint occurrence of five conditions, this paper undertakes a literature review of the empirical evidence for and against each condition. The literature review finds that many of the conditions are either highly contingent, rendering CSR-washing as a complex and fragile outcome. (...) This finding runs counter to the dominant perception in the general public, among activists, and among a vocal contingent of academics that successful CSR-washing is rampant. (shrink)

The determination of death by neurological criteria—“brain death”—has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the law (...) concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively. (shrink)

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...) decisions for their children. But he argues that the BIS is inappropriately used as a “limiting” standard to determine when to override those decisions. Specifically, Diekema contends that the BIS “does not represent the best means for determining when one must turn to the state to limit parental action.” He argues that this limiting function should be served by the harm principle instead of by the BIS.I contend that we should not reassign the BIS’s limiting function to the harm principle. In this article I make two arguments to support my position. First, the BIS has effectively served, and can serve, both guiding and limiting functions. Second, the harm principle would be an inadequate substitute. It cannot serve the limiting function as well as the more robust BIS. (shrink)

The comprehensive guide to ethics "An excellent blend of case law, research evidence, down-to-earth principles, and practical examples from two authors with outstanding expertise. Promotes valuable understanding through case illustrations, self-directed exercises, and thoughtful discussion of such issues as cultural diversity."--Dick Suinn, president-elect 1998, American Psychological Association "The scenarios and accompanying questions will prove especially helpful to those who offer courses and workshops concerned with ethics in psychology."--Charles D. Spielberger, former president, American Psychological Association; distinguished research professor of psychology, University (...) of South Florida The authors draw on their professional experience, empirical studies, and case examples to examine the ethical responsibilities that confront psychotherapists and counselors in their day-to-day practice. They offer insights into contending with the sometimes competing demands of clients' needs, formal ethical principles, personal values, and evolving legal standards in a range of areas--including fees, informed consent, sexual concerns, confidentiality, documentation, and supervision. (shrink)

Creativity: Theory, History, Practice offers important new perspectives on creativity in the light of contemporary critical theory and cultural history. Innovative in approach as well as argument, the book crosses disciplinary boundaries and builds new bridges between the critical and the creative. It is organized in four parts: · Why creativity now? offers much-needed alternatives to both the Romantic stereotype of the creator as individual genius and the tendency of the modern creative industries to treat everything as a commodity. · (...) Defining creativity, creating definitions traces the changing meaning of "create" from religious ideas of divine creation from nothing to advertising notions of concept creation. It also examines the complex history and extraordinary versatility of terms such as imagination, invention, inspiration and originality. · Creation as myth, story, metaphor begins with modern re-telling of early African, American and Australian creation myths and -picking up Biblical and evolutionary accounts along the way - works round to scientific visions of the Big Bang, bubble universes and cosmic soup. · Creative practices, cultural processes is a critical anthology of materials, chosen to promote fresh thinking about everything from changing constructions of "literature" and "design" to artificial intelligence and genetic engineering. Rob Pope takes significant steps forward in the process of rethinking a vexed yet vital concept, all the while encouraging and equipping readers to continue the process in their own creative or "re-creative" ways. Creativity: Theory, History, Practice is invaluable for anyone with a live interest in exploring what creativity has been, is currently, and yet may be. (shrink)

Terminally ill patients in 10 states plus Washington, D.C. have the right to take prescribed medications to end their lives (medical aid in dying). But otherwise-eligible patients with neuromuscular disabilities (ALS and other illnesses) are excluded if they are physically unable to “self-administer” the medications without assistance. This exclusion is incompatible with disability rights laws that mandate assistance to provide equal access to health care. This contradiction between aid-in-dying laws and disability rights laws can force patients and clinicians into violating (...) one or the other, potentially creating an underclass of patients denied medical care that is available to those with other (less physically disabling) terminal illnesses. The immediacy of this issue is demonstrated by a lawsuit in Federal court filed in August 2021, requesting assistance in self-administration for terminally ill patients with neuromuscular diseases. This paper discusses the background of this conflict, the ethical issues at the heart of the dilemma, and recommends potential remedies. (shrink)

Your Eminences,Dear Brother Bishops and Priests,Dear Brothers and Sisters,Good morning and welcome. I greet Cardinal Farrell and I thank him for his words of introduction. My greeting also goes to all taking part in this international Conference, “Yes to Life! Taking Care of the Precious Gift of Life in its Frailty,” organized by the Dicastery for Laity, Family and Life, and by the Foundation Il Cuore in una Goccia, one of the groups that work daily in our world to welcome (...) children born in conditions of extreme frailty. These are children that the throw-away culture sometimes describes as being “unfit for life,” and thus condemned to death.No human being can ever be unfit for life, whether due to age, state of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Apostolic Letter of Our Most Holy Father PAUL VI, by Divine Providence, POPE to Our Venerable Brethren, Cardinal John Carmel Heenan, Archbishop of Westminster, and Gordon Joseph Gray, Archbishop of Saint Andrews and Edinburgh and to the other Archbishops and Bishops of England, Wales and Scotland. On the Occasion of the Second Scholastic Congress held at Oxford and Edinburgh on the Seventh Centenary of the Birth of John Duns (...) Scotus. Venerable Brethren, Greetings and Apostolic Blessing: A devoted mother of valiant men, Great Britain is distinguished by a quality no less estimable than the honour and the feats of her glorious children, for she knows how to cherish fondly the memory of her glorious sons and, when tradition demands that recurrences be celebrated solemnly, she knows how to sing their praises as though striving to repay them a debt of honour. These were the thoughts that sprang to our mind, and gave no slight satisfaction as we dwelt upon them, when we first learned the details of the Second International Scholastic Congress which is being prepared in your countries in memory of the Venerable John Duns Scotus on the seven hundredth anniversary of his birth. This Congress will be held at Oxford and Edinburgh under your patronage, Venerable Brethren, with lively interest and careful organization. One can already foresee that it will produce excellent results and will be of considerable importance, in view both of the arguments that will be discussed and of the distinguished persons who will take part in the sessions. Universities of England and Scotland and, from abroad, the universities of Paris and Cologne where he lectured, and many others, will send official representatives; apart from Catholics, there will be outstanding members of the Anglican Communion, of the Church of Scotland, of other Christian Communities of Great Britain, and well known exponents of sacred learning from every part of the world. As We voice our wishes for a successful Congress and abundant fruits to follow from it, we express frankly our satisfaction at the particular character of this Congress and certain features with which it is intended to distinguish it. Its principal and definite purpose is to shed 6 POPE PAUL VI. a brilliant light on the person of John Duns Scotus, on his philosophical and theological doctrine, and his moral and ascetic principles. Avoiding the reefs of discussion and controversy which so often stood in the way in times gone by, the critico-historical method has been adopted in accordance with modern preferences, a method which, employed by learned men in discovering which are the genuine works of the Subtle Doctor and what are really and truly his teachings, has yielded excellent results. For this reason combined efforts are being made to produce the broad outline of a panorama, namely a unified vision of the whole family of the Scholastic doctors, in which it will be possible to measure and understand the variety, the richness, and the fecundity of the philosophical and theological doctrine which flourished in the Middle Ages. There is no doubt that in this panorama Saint Thomas Aquinas with his "Summa theologica" rises like a lofty peak dominating the mountains in the vicinity, that is, the whole world of sacred learning developed during his time. The synthesis created bythe Angelic Doctor in describing the relationship between Faith and Reason, between Faith seeking understanding (as your own Saint Anselm of Canterbury had already expressed it1) and understanding seeking Faith, achieved such universal agreement that he is recognised as leader in the ranks of the Scholastics and is rightly celebrated by the name of Doctor Communis. Side by side with him, however, other prominent Scholastic teachers and doctors stand out, like stars illuminating the Catholic learning of the period. In the encyclical letter Aeterni Patris, in which Our Predecessor of happy memory, Pope Leo XIII, pleads for the revival of Scholasticism under the leadership of Saint Thomas Aquinas in opposition to modern errors, after the statement that "Saint Thomas towers above all others",2 other Scholastic doctors are enumerated and a prominent place is reserved for Saint Bonaventure, whom Saint Pius X afterwards called "the second leader of Scholasticism",3 and it is universally recognised... (shrink)

Pullman argues that when it comes to medical aid in dying (MAID), “Canada … has much to learn from California” (Pullman 2023). Canada and California have similar populations: each about 40 million...

This issue’s “Legal Briefing” column continues coverage of recent legal developments involving medical decision making for unbefriended patients. These patients have neither decision-making capacity nor a reasonably available surrogate to make healthcare decisions on their behalf. This topic has been the subject of recent articles in JCE. It has been the subject of major policy reports. Indeed, caring for the unbefriended has even been described as the “single greatest category of problems” encountered in bioethics consultation. Moreover, the scope of the (...) problem continues to expand, especially with rapid growth in the elderly population and with an increased prevalence of dementia.Unfortunately, most U.S. jurisdictions have failed to adopt effective healthcare decision-making systems or procedures for the unbefriended. “Existing mechanisms to address the issue of decision making for the unbefriended are scant and not uniform.” Most providers are “muddling through on an ad hoc basis.” Still, over the past several months, a number of state legislatures have finally addressed the issue. These developments and a survey of the current landscape are grouped into the following 14 categories. The first two categories define the problem of medical decision making for the unbefriended. The remaining 12 describe different solutions to the problem. The first six categories were covered in Part 1 of this article; the last eight categories are covered in this issue (Part 2). 1. Who are the unbefriended?2. Risks and problems of the unbefriended3. Prevention: advance care planning, diligent searching, and careful capacity assessment4. Decision-making mechanisms and standards5. Emergency exception to informed consent6. Expanded default surrogate lists: close friends7. Private guardians8. Volunteer guardians9. Public guardians10. Temporary and emergency guardians11. Attending physicians12. Other clinicians, individuals, and entities13. Institutional committees14. External committees. (shrink)

The purpose of this study is to investigate whether the availability of financial bounties and anonymous reporting channels impact individuals’ general reporting intentions of questionable acts and whether the availability of financial bounties will prompt people to reveal their identities. The recent passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 creates a financial bounty for whistle-blowers. In addition, SOX requires companies to provide employees with an anonymous reporting channel option. It is unclear of the effect (...) of these provisions as they relate to whistle-blowing. Our results indicate that a financial bounty has the potential to increase participants’ propensity to report questionable acts and their willingness to reveal their identities when reporting, but the availability of an anonymous reporting channel does not affect participants’ propensity to report questionable acts. These findings could potentially help corporate management, government policy makers and accounting researchers to assess the effectiveness of their internal compliance programs and help determine if financial bounties in the private sector could encourage whistle-blowing. (shrink)

Bester offers powerful arguments for why the harm principle cannot replace the best interest standard (BIS) as a guide for, and limit on, surrogate healthcare decision making (Bester 2018). Since B...

This issue’s “Legal Briefing” column covers recent legal developments involving voluntarily stopping eating and drinking (VSED). Over the past decade, clinicians and bioethicists have increasingly recognized VSED as a medically and ethically appropriate means to hasten death. Most recently, in September 2013, the National Hospice and Palliative Care Organization (NHPCO) called on its 2,000 member hospices to develop policies and guidelines addressing VSED. And VSED is getting more attention not only in healthcare communities, but also in the general public. For (...) example, VSED was recently highlighted on the front page of the New York Times and in other national and local media. Nevertheless, despite the growing interest in VSED, there remains little onpoint legal authority and only sparse bioethics literature analyzing its legality. This article aims to fill this gap. Specifically, we focus on new legislative, regulatory, and judicial acts that clarify the permissibility of VSED. We categorize these legal developments into the following seven categories: 1. Definition of VSED2. Uncertainty Whether Oral Nutrition and Hydration Are Medical Treatment3. Uncertainty Regarding Providers’ Obligations to Patients Who Choose VSED4. Judicial Guidance from Australia5. Judicial Guidance from the United Kingdom6. Judicial Guidance from Canada7. Case of Margot Bentley. (shrink)