In the following, I will discuss the current social reaction to the ecological crisis and the ways in which society reacts to technological risks, which can be understood primarily as a reaction to scientific and moral or ethical uncertainty. In the first section, I will clarify what is meant by scientific and moral or ethical uncertainty. In the second section, I will contrast Max Weber's differentiation of science, law [Recht) and morality in the modern world with the process (...) of de-differentiation of these value spheres, a trend which can be observed in the present-day context of the ecological crisis and technological risks. We shall see that social contradictions emerge in the functional relationships between these value spheres, and that such contradictions go hand in hand with these value spheres or contexts of discourse either losing their original function or becoming transformed. Science forfeits its role as a functional authority and becomes a strategic resource for politics. Law becomes a basic constituent of an amoral form of negotiation, which can no longer be properly grasped in terms of legal categories. Morality is transformed into fear, and economics yields unprofitable practices. In the third section, I will in attempt to open up the moral and ethical dimension of how to deal with uncertainty with the help of discourse theory, as well as outline a possible solution. (shrink)

One enduring legacy of the twentieth century will be the slow, certain transformation of the world from insular civilizations to interactive societies enmeshed in global systems of electronic communication, economics, and politics. Financial news from Thailand or Brazil is often more important globally than political events in the old centers of power. Some bemoan the uncertainty and flux of all this. However, the mutual definition of the world’s societies presents an extraordinary opportunity to humanize a situation that all too (...) quickly could degenerate into a Weberian ‘iron cage’ of truly global proportions. What contribution can the world’s great philosophical traditions make toward humanity’s common task of civilizing the rise of globalization? Here the ancient concept of paideia walks upon the stage of the twenty-first century. (shrink)

One enduring legacy of the twentieth century will be the slow, certain transformation of the world from insular civilizations to interactive societies enmeshed in global systems of electronic communication, economics, and politics. Financial news from Thailand or Brazil is often more important globally than political events in the old centers of power. Some bemoan the uncertainty and flux of all this. However, the mutual definition of the world’s societies presents an extraordinary opportunity to humanize a situation that all too (...) quickly could degenerate into a Weberian ‘iron cage’ of truly global proportions. What contribution can the world’s great philosophical traditions make toward humanity’s common task of civilizing the rise of globalization? Here the ancient concept of paideia walks upon the stage of the twenty-first century. (shrink)

One enduring legacy of the twentieth century will be the slow, certain transformation of the world from insular civilizations to interactive societies enmeshed in global systems of electronic communication, economics, and politics. Financial news from Thailand or Brazil is often more important globally than political events in the old centers of power. Some bemoan the uncertainty and flux of all this. However, the mutual definition of the world’s societies presents an extraordinary opportunity to humanize a situation that all too (...) quickly could degenerate into a Weberian ‘iron cage’ of truly global proportions. What contribution can the world’s great philosophical traditions make toward humanity’s common task of civilizing the rise of globalization? Here the ancient concept of paideia walks upon the stage of the twenty-first century. (shrink)

One enduring legacy of the twentieth century will be the slow, certain transformation of the world from insular civilizations to interactive societies enmeshed in global systems of electronic communication, economics, and politics. Financial news from Thailand or Brazil is often more important globally than political events in the old centers of power. Some bemoan the uncertainty and flux of all this. However, the mutual definition of the world’s societies presents an extraordinary opportunity to humanize a situation that all too (...) quickly could degenerate into a Weberian ‘iron cage’ of truly global proportions. What contribution can the world’s great philosophical traditions make toward humanity’s common task of civilizing the rise of globalization? Here the ancient concept of paideia walks upon the stage of the twenty-first century. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Fifty years after the death of Edmund Husserl, the main founder of the phenomenological current of thought, we present to the public a four book collection showing in an unprecedented way how Husserl's aspiration to inspire the entire universe of knowledge and scholarship has now been realized. These volumes display for the first time the astounding expansion of phenomenological philosophy throughout the world and the enormous wealth and variety of ideas, insights, and approaches it has inspired. The basic commitment to (...) phenomenological concerns found in all this variety makes this collection a most signifi cant historical document. This second volume of the collection bears witness to a deliberate shift of attention from the earlier to the later phase of Husserl's reflections. We see how his issues - intersubjectivity, ethics, human encounter, the societal world, empathy, the sphere of the self, and the surpassing of dichotomies (bodylpsyche, etc.) - are now at the center of attention in the human sciences. Among the authors are H. Tellenbach, A. Rigobello, C. Balzer, C. Bjurvill, V. Molchanov, E. Syristova, O. Balaban, R. Boehm, M. Sancipriano, O. M. Anwar, Y. Okamoto, B. Holyst, T. Sodeika, and M. De Negri. The studies were gathered at the programs held by The World Institute for Advanced Phenomenological Research and Learning in the commemorative year 1988/1989, chiefly at the First World Congress of Phenomenology at Santiago de Compos tela, Spain, with the aim of assessing the current state of phenomenology. A-T. T. (shrink)

This volume marks a phase of accomplishment in the work of the World Phenomenology Institute in unfolding a dialogue between Occidental phenomenology and the Oriental/Chinese classic philosophy. Going beyond the stage of reception, the Oriental scholars show in this collection of studies their perspicacity and philosophical skills in comparing the concepts, ideas, the vision of classic phenomenology and Chinese philosophy toward uncovering their common intuitions. This in-depth probing aims at reviving Occidental thinking, reaching to its intuitive sources, as well as (...) providing Chinese thinking with a precise apparatus of expression toward its rejuvenation in a new significance. Studies by Korean and Chinese phenomenologists: Nam-In Lee, Inhui Park, Benjamin I. Schwartz, Anna-Teresa Tymieniecka, Sitansu Ray, Zhang Xian, Zhang Qingxiong, Tsung-I Dow, Ashok K. Gangadean, Yushiro Takei, Louise Sunderarajan, Gregory Tropea, James Sellmann, Tyong Bok Rhie, Sang-Ki Kim, Daniel Zelinski, Qingjie Wang, Calvin O. Schrag, Jung-Sun Han. (shrink)

In her introduction to this collection, Tymieniecka presents her phenomenology of life - the leitmotif of the three-volume anniversary publication of Analecta Husserliana - as something that stands out from preceding historical attempts to investigate life in an 'integral' or 'scientific' way. After an incubation lasting throughout the 2000 years of Occidental philosophy, this scientific phenomenology/philosophy of life at last uncovers the entire area of the 'inner workings of Nature', exposing the way in which the 'sufficient reason' and the 'ground' (...) of beingness as such crystallise out of the 'onto poietic' process. This onto-poietic process, continuing as it does in the human creative condition, also reveals the authentic genius of the works of the human spirit. This new and original philosophy, free of fallacious simplifications, speculations and reductionism, opens up a basic starting point for all philosophy. Life, 'the theme of our times', at last receives a profound philosophical treatment. (shrink)

Wild Ideas is a collection of essays that brings a fresh and refreshing perspective to the wilderness paradoxically at the center of our civilization.

The Fifth International Congress of Logic, Methodology and Philosophy of Science was held at the University of Western Ontario, London, Canada, 27 August to 2 September 1975. The Congress was held under the auspices of the International Union of History and Philosophy of Science, Division of Logic, Methodology and Philosophy of Science, and was sponsored by the National Research Council of Canada and the University of Western Ontario. As those associated closely with the work of the Division over the years (...) know well, the work undertaken by its members varies greatly and spans a number of fields not always obviously related. In addition, the volume of work done by first rate scholars and scientists in the various fields of the Division has risen enormously. For these and related reasons it seemed to the editors chosen by the Divisional officers that the usual format of publishing the proceedings of the Congress be abandoned in favour of a somewhat more flexible, and hopefully acceptable, method of pre sentation. Accordingly, the work of the invited participants to the Congress has been divided into four volumes appearing in the University of Western Ontario Series in Philosophy of Science. The volumes are entitled, Logic, Foundations of Mathematics and Computability Theory, Foun dational Problems in the Special Sciences, Basic Problems in Methodol ogy and Linguistics, and Historical and Philosophical Dimensions of Logic, Methodology and Philosophy of Science. (shrink)

This collection is the final volume of a four book survey of the state of phenomenology fifty years after the death of Edmund Husserl. Its publication represents a landmark in the comprehensive treatment of contemporary phenomenology in all its vastness and richness. The diversity of the issues raised here is dazzling, but the main themes of Husserl's thought are all either explicitly treated, or else they underlie the ingenious approaches found here. Time, historicity, intentionality, eidos, meaning, possibility/reality, and teleology are (...) the main concerns of this collection devoted to studies in aesthetics, metaphysics and literary interpretation, written by such authors as, among others, R. Cobb-Stevens, C. Moreno Marquez, J. Swiecimski, Sitansu Ray and M. Kronegger. These original studies of phenomenological aesthetics and literary theory by scholars from all parts of the world were gathered by the World Institute for Advanced Phenomenological Research and Learn ing during the year 1988/89 during its assessment of the phenomeno logical movement, fifty years after Husserl's death. IX A -T. Tymieniecka (ed.), Analecta Husserliana, Vol. XXXVII, ix. (shrink)

orbit and far beyond it. Indeed, the immense, painstaking, indefatigable and ever-improving effort of Husserl to find ever-deeper and more reliable foundations for the philosophical enterprise (as well as his constant critical re-thinking and perfecting of the approach and so called "method" in order to perform this task and thus cover in this source-excavation an ever more far-reaching groundwork) stands out and maintains itself as an inepuisable reservoir for philosophical reflec tion in which all the above-mentioned work has either its (...) core or its source. In fact, in his undertaking to re-think the entire philosophical enterprise as such and to recreate philosophy upon what he sought to be at least a satisfactorily legitimated basis, Husserl, through his already systematised and "authorized" work, and his courses, and later on in his spontaneous reflection (which did not find its way into a definitive corpus but was nevertheless sufficiently coherent with his previously established body of thought to be considered a continuation of it), uncovers perspectives upon the universe of man and projects their new philosophical thematisation that brings together all the attempts by philosophers (e. g., Merleau-Ponty, who drew upon this material and found there his own inspiration) who succeeded him with foundational intentions; it also gives a core of philosophical ideas and insights for the youngergenerationofphilosophers today. (shrink)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

"Evidence of a flight from reason is as old as human record-keeping: the fact of it certainly goes back an even longer way. Flight from science specifically, among the forms of rational inquiry, goes back as far as science itself... But rejection of reason is now a pattern to be found in most branches of scholarship and in all the learned professions."--from the introduction In the widely acclaimed Higher Superstition: The Academic Left and Its Quarrels with Science, Paul R. Gross (...) and Norman Levitt offered a spirited response to the "science bashers," raising serious questions about the growing criticism of scientific practice from humanists and social scientists on the academic left. Now, in The Flight from Science and Reason, Gross and Levitt are joined by Martin W. Lewis to bring together a diverse and distinguished group of scholars, scientists, and experts to engage these questions from a wide variety of perspectives. The authors take on critics of science whose views range from moderate to extreme, from social constructivists to deconstructionists, from creationists and feminists to Afro-centrists. They discuss the rise of "alternative medicine" and radical environmentalism (here skewered as "ecosentimentalism"). They explain why the "uncertainty principle" does not work as a metaphor for ambiguity, and why "chaos theory" cannot be invoked without an understanding of mathematics. Throughout, they grapple with the paradox inherent in arguing with opponents who contend that reason itself, and thus logic, is suspect. Distributed for the New York Academy of Sciences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Patient Self-Determination ActElizabeth Leibold McCloskey (bio)What are the ethics of extending the length of life? We know that we cannot artificially end life (Thou Shalt not Kill), but how about artificially extending life? Is that always good, sometimes good?... In ethics, is keeping people alive the highest good? Should our priority be to keep people breathing?... What does basic religious ethics say about this?(John C. Danforth, letter to (...) the author, 19 August 1989)The Patient Self-Determination Act, signed into law as part of the Omnibus Budget Reconciliation Act of 1990 (OBRA '90) last November, marks the first time that Congress has passed legislation concerning the ethics of life-sustaining medical treatment. The bill was spearheaded by Senator John C. Danforth (RMO), who has a special interest in this area. An Episcopal priest, Danforth was formerly an assistant chaplain at New York's Memorial Sloan-Kettering Cancer Center and now sits as a senior member of the Senate Finance Committee, which oversees Medicare and Medicaid. Although Senator Danforth's legislative initiative was not a result of the Cruzan case, it was in his state of Missouri that the U.S. Supreme Court case involving removal of Nancy Cruzan's feeding tube arose (Cruzan v. Director of Missouri Department of Health, U.S. Supreme Court, 58 LW 4916, 26 June 1990). From his unique vantage point, he felt it was time to craft a legislative response to some of the difficult issues surrounding prolongation of life.The short answer to Senator Danforth's questions about when to artificially extend life is simple enough: people must be free to determine that for themselves. Common law and common sense dictate such a conclusion; living will and health care proxy statutes, enacted in almost every state, codify that right. The Catholic moral tradition teaches that one is not morally obligated to use extraordinary means to prolong life, a tradition shared both by the mainline Protestant and the reform and conservative Jewish community. Yet most people are unaware of their fundamental legal right to make such decisions, and as court cases from Quinlan (In re Quinlin, 137 N.J. Super. 227, 1975) to Cruzan demonstrate, few know [End Page 163] how to make arrangements for this right to be exercised if they become incapacitated.Meanwhile, health care practices are often driven by a denial of death. When Senator Danforth and Senator Daniel Patrick Moynihan (D-NY) introduced the bill on October 17, 1989, Senator Danforth said:More and more it is arguable that we play God by subjecting people to unwanted and sometimes unnecessary treatment, treatment that unnaturally prolongs the dying process. Our health care system has become obsessed with extending life, at times neglecting the caring component of medicine and trampling on the rights of patients.(Congressional Record 1989, 135:5.13566)The American Hospital Association estimates that 70 percent of deaths now occur after a determination to withhold or withdraw medical treatment. Many of those decisions are made without the benefit of an incapacitated patient's views, yet a Harvard study revealed that 95 percent of the population would like to prepare in advance for such decisions. Only 4 percent of hospitals have a systematic method of asking patients if they have an advance directive. Family members confront painful choices in the face of uncertainty about their loved one's wishes and it can be even more painful when a family knows the patient's desires but providers and the courts act otherwise because clear evidence is lacking.The Patient Self-Determination Act is rooted in the belief that people should be given information that enables them to specify the extent of medical treatment they wish to receive should they become incapacitated. The public should be educated about applicable state laws that protect the individual's right to make such choices through the use of an advance directive.The Act moves toward that goal by promoting knowledge of state laws. It requires every hospital, nursing home, home health agency, hospice, and health maintenance organization that participates in Medicaid or Medicare to routinely give all adult patients information about advance directives. Patients will also be given information on the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In the Belly of the Whale:Some Thoughts on Preserving the Integrity of the New Bioethics CommissionF. Daniel Davis (bio)10 July 2010. Washington, D.C. President Obama's Presidential Commission for the Study of Bioethical Issues has just concluded its inaugural meeting, designed as a primer—the first of three that it plans to hold—on synthetic biology. As a topic for deliberation by a national bioethics commission, "synbio" is ideal. A cloud of (...) equipoise hangs over the practical implications of recent developments in this, the latest phase in the evolution of biotechnology—a seemingly genuine uncertainty about the need for additional mechanisms of oversight to mitigate potential risks to biosafety or biosecurity. Despite these concerns, its advocates and practitioners enthusiastically champion the prospect of eventual, perhaps significant benefits to be gained with progress in "synbio," including, for example, enhanced processes for the mass production of vaccines and biofuels. And yet like the advent of recombinant DNA technologies in the mid-1970s, synthetic biology has generated not only hope for benefits and concern for risks, but also questions variously described as "deep," "profound," "fundamental," and "philosophical": Is the capacity to synthesize novel, living entities yet another technological invitation to hubris on the part of humankind? Will that capacity alter the relationship between humankind and nature? How should we think about the moral status of living entities created de novo in the laboratory? Should we even care? How will wide-scale applications of synthetic biology tip the scales of social justice? And finally, the democratization of synthetic biology, the growth of DIY-BIO (do-it-yourself-biology) communities beyond the usual scientific arenas of academia and industry, has infused old questions about scientific freedom and responsibility with new complexities—all in the midst of an American public that is reportedly unaware and uneducated about this new chapter in the often triumphant, unsettling history of biotechnology.Thus, the topic of synthetic biology presents the new commission with several possibilities. It could very well make a substantial contribution to public policies responsive to both the current capabilities and the possible trajectories of [End Page 291] these emergent biotechnologies. The very fact that the President explicitly asked the Commission to take up the topic and report back to him (in six months) means that that potential is especially promising. It could, as well, delve into the "deeper" philosophical questions that "synbio" raises with the aim of bringing both depth and breadth to the tasks of critically analyzing and reflecting upon what currently is known and what, with regard to the future, can only be glimpsed of this amalgam of the life sciences, engineering, and other disciplines. The Commission could also set its sights on diminishing the apparent deficit in public understanding of these biotechnologies. And finally, with this topic as well as any others it takes up, the Commission, along with the administration that established it, could make an effort to reinvigorate public bioethics in the United States. At the very least, in the sobering light of experience with the President's Council on Bioethics, certain actions or behaviors could be avoided in the interests of preserving the integrity—the moral and political legitimacy—of the new commission. Although each of these possibilities warrants further explanation, my focus here is the final one.The Belly of the WhaleIn several decades, some future historian of public bioethics in the U.S. will be able to look back on the bioethics commissions established to date and offer an insightful, comprehensive—maybe even magisterial—account of their beginnings and endings, their deliberations and the political forces that shaped them, and perhaps most important, their ultimate value as public bodies. Lacking the strategic perch of historical distance, and fresh from the trenches, I can only offer a few somewhat informed but partial observations and arguments about public bioethics in the context of contemporary American politics, acknowledging at the outset that my thoughts are open to, and needful of, critical amendment or supplement by others.In the U.S., bioethics commissions are political creatures, established through the authority of the Congress or the President for the purpose of providing counsel to the legislative and/or executive... (shrink)

Nothing about Xenophon's Hellenica is more outrageous than his treatment of the relations of Persia and the Greeks. It was orthodoxy in the circle of Agesilaus that Theban medizing, barbarismos, had sabotaged the plans for a glorious anabasis and recalled him to the defence of his city . Not until the Thebans woo and win the fickle favour of the King , does anything like detail emerge. In the regrettable interlude, the less said the better. If the third speech of (...) Andocides had not survived, there would have been some tangled theorizing about a note in Didymus , especially as regards ‘the ambassadors who in Sparta consented’, but sober historical judgement would never have transgressed so far from the text of Xenophon as to postulate a Peace Congress in Sparta as well as in Sardis in 392. Likewise, the merest chance of epigraphic survival assures us that the oaths, which the ‘Athenians and the Spartans and the other Greeks’ swore in 387/6, ‘the King swore’ — and so on. If we did not have the reflection of Ephorus in Diodorus, albeit a mirror cracked and blemished, we would be sadly astray in 375 and 371. When, however, the despicable Thebans become the King's favoured power, disgraceful scenes unfold. ‘Pelopidas very much had things his own way with the Persian; he could say that the Thebans alone of the Greeks had fought on the King's side at Plataea, that they had never afterwards campaigned against him, that the Spartans were at war with them because they would not join Agesilaus…etc.’ . A Persian is found at Thebes reading out the contents of a Royal Rescript, after displaying the Royal seal ; at Sparta twenty years before, such details had been left to the imagination. The cause of Xenophon's method in this matter is not for the moment under discussion, but rather the consequence, viz. our uncertainty about what precisely the King's Peace said. There was a document, inscribed on stone pillars and displayed in the national shrines . If ever a copy turns up, what can we expect to find? The measure of our uncertainty was provided by Wilcken, who produced a curious hypothesis which found little sympathy; that he could do so shows the state of the evidence. Some effort of the imagination is needed, and those who gravely disapprove of conjectures of what might have been the case need read no further. At the end one can be sure of very little. Conjectures, however, have been uttered, en passant, elsewhere. What may prove to be a chorus of disdain has begun. A formal confession may be welcome. (shrink)

This essay uses a specific example—proposals to exclude sugary drinks from the Supplemental Nutrition Assistance Program —to explore some features of the contemporary U.S. administrative state. Dating back to the Wilsonian origins of the U.S. administrative state there has been uncertainty about whether we can and should separate politics and administration. On the traditional view, the agencies are to be kept separate from politics—technocratic and value-neutral—although they are indirectly accountable to the president and Congress. The SNAP exclusions example shows, (...) however, that agencies often must make complex and controversial decisions on their own, decisions that go beyond value-neutral technocratic administration. When authorizing legislation has multiple goals, as we’ll argue is the case in the SNAP example, an agency will have to choose between conflicting statutory mandates. Moreover, as the SNAP example shows, agencies often face complex normative questions of ethics and justice that go beyond the question of how to balance competing aims. The appropriate response to the SNAP exclusions example is not to keep politics out of administrative decision-making, but to develop procedures that allow ethical and political questions to be addressed in agency policy-making, consistent with overarching commitments to fairness and democracy. (shrink)

In the late 1970s, the U.S. Congress was debating a number of different proposals to provide monetary compensation to residents of Utah and Nevada who had been exposed to radioactive fallout from government nuclear weapons testing in the 1950s. Yet scientists and government officials expressed concern that such a program would end up compensating many people for cancers that were not caused by the fallout. Thus, after much debate, Congress directed the National Institutes of Health to produce a set of (...) statistical tables—the radioepidemiologic tables—to target compensation awards to “deserving” individuals. Advocates of the tables, notably Senator Orrin Hatch, argued that reliance on scientific data would provide compensation decisions with predictability and evenhandedness. Yet in the end, the effort to employ the tables failed. The substantial scientific uncertainties in the tables and in their application to individual claims failed to deliver the authority they promised. Additionally, the goal of fairness and objectivity could not be convincingly met because of persistent controversy and mistrust surrounding the government’s role in the study of health effects of low‐level radiation. (shrink)

In the early 1970s, the idea of precaution—of heeding rather than ignoring scientific evidence of harm when there is uncertainty, and taking action that errs on the side of safety—was so appealing that the US Congress used it as the basis of the toxics provisions of the Clean Water Act of 1972, the federal Environmental Protection Agency based its proposals for implementing those provisions on it, and the courts frequently tended toward it when resolving conflicts over the implementation of (...) pollution control law. In other words, precaution was written into toxic water pollutant control law and was beginning to be written into policy and regulations. By 1976, the tables were completely turned. The EPA abandoned the safety-providing approach in the implementation of the law, even though the law required it, and adopted a risk-taking approach in the creation of standards for the vast majority of toxic water pollutants. The article examines how this change was brought about. It builds on recent work on undone science as an obstacle to regulation and contributes to the development of an account of the creation of the regulatory system, with both its achievements and its limitations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just Revolution: A Christian Ethic of Political Resistance and Social Transformation by Anna Floerke ScheidRamon LuzarragaJust Revolution: A Christian Ethic of Political Resistance and Social Transformation Anna Floerke Scheid lanham, md: lexington books, 2015. 208 pp. $84.00Anna Floerke Scheid argues that the Christian just war and just peacemaking ethical traditions lack a comprehensive ethic for revolutionary nonviolent activity and warfare. She proposes to fill this lacuna through a (...) theological exploration of what constitutes a just revolution. While Scheid maintains a consistent [End Page 212] preference for nonviolent resistance against tyranny, she remains open to the possibility of revolutionary warfare.The author articulates four stages of a just revolution. The first stage is jus ante, nonviolent resistance against a tyrannical government. Here the opposition develops a democratic and revolutionary vision of society that respects human rights, models that vision within its organizations, and resists through nonviolent acts. Second is jus ad, the stage where a tyrannical government eliminates all avenues for negotiation and represses peaceful resistance. This forces the revolutionary opposition to consider armed resistance as a last resort. Here Scheid grapples with two limitations of traditional just war theory. The first reserves the authority to start a war with governments. She argues that the legitimacy for a just revolution comes from a revolutionary organization's ability to envision and model a just society. Because a tyrannical government's authority is illegitimate, a revolutionary movement's just vision and practices gain for it a de facto legitimate authority. This legitimacy is reinforced by a revolutionary movement's ultimate intention to effect reconciliation with their oppressors postwar. The second limitation is the reasonable hope of success. Scheid analyzes the history of this criterion and demonstrates how it supports defensive wars despite the uncertainty of success. Oppressed persons, as the subjects of their own hope of liberation, ought to decide what constitutes the probability for success in fighting tyranny. Throughout this stage, revolutionary warfare must be practiced in tandem with continuing nonviolent resistance.The third stage is jus in, the justice practiced during armed revolutionary resistance. Fighting is deemed necessary to force a tyrannical government to negotiations. Meanwhile, revolutionary military units would work to minimize violence and loss of life. The last stage is jus post, the reconciliation needed to prevent revolutionary warfare from spiraling into revenge. Here the exercise of restorative justice—where responsibility for past injustices is assumed by all sides and a just resolution developed for social reconciliation and the development of a new, democratic society that respects human rights—is all important. Throughout the book, Scheid uses the African National Congress's revolutionary struggle against the South African apartheid government as a successful example of her theory in practice.Scheid's well-argued proposal deserves careful consideration by ethicists. Students will profit from her excellent summary of just war theory, where she brilliantly recovers some of its forgotten features. On the other hand, her concluding chapter considering the Arab Spring's potential for just revolution would have been stronger if she extended beyond a comparison to South Africa to incorporate similar features found in other successful revolutions. The 1986 Philippine People Power Revolution, the 1989 collapse of Eastern European Communist regimes, and the 1974 Carnation Revolution in Portugal come to mind. Moreover, important for South Africa's success was the durability of the [End Page 213] political institutions the British left behind. These institutions provided the framework that handled the transition of power from the pro-apartheid National Party to the post-apartheid African National Congress government. This feature could have been brought to light, as many recognize this structure as contributive to the peaceful transition of power in other countries that won independence through revolution, from the United States in the eighteenth century to India and the Caribbean in the twentieth.Ramon LuzarragaBenedictine University at MesaCopyright © 2018 Society of Christian Ethics... (shrink)

Naturalist aestetics, strictly speaking, is a move to establish naturalist explanation of aesthetic phenomena. It was nearly forgotten, at least in the history of aesthetics, where, if mentioned, it was put aside as something dead and despised. Its reappearance in recent years, among other occasions at the XIVIVth International Congress of Aesthetics (Rio de Janeiro, 2004), came as a surprise and a challenge. Its second modernity has predecessors in the first modernity, and Darwin is only one of the many, and (...) its background in contemporary naturalist proposals in social and human sciences (biosociology, evolutionary psychology, cognitive science, etc.). Contemporary proposals to explain some basic aesthetic preferences of taste, and aesthetic pleasure itself in terms of evolution, may be illuminated by historical background. We can also understand them (in Ulrich Beck's vocabulary) as second modernity, as a move to deal with uncertainties of aesthetics. What still makes contemporary naturalist aesthetics a continuation of aesthetic modernity, however, is its inability to take (contemporary) art seriously. (shrink)

In the following, I will discuss the current social reaction to the ecological crisis and the ways in which society reacts to technological risks, which can be understood primarily as a reaction to scientific and moral or ethical uncertainty. In the first section, I will clarify what is meant by scientific and moral or ethical uncertainty. In the second section, I will contrast Max Weber's differentiation of science, law [Recht) and morality in the modern world with the process (...) of de-differentiation of these value spheres, a trend which can be observed in the present-day context of the ecological crisis and technological risks. We shall see that social contradictions emerge in the functional relationships between these value spheres, and that such contradictions go hand in hand with these value spheres or contexts of discourse either losing their original function or becoming transformed. Science forfeits its role as a functional authority and becomes a strategic resource for politics. Law becomes a basic constituent of an amoral form of negotiation, which can no longer be properly grasped in terms of legal categories. Morality is transformed into fear, and economics yields unprofitable practices. In the third section, I will in attempt to open up the moral and ethical dimension of how to deal with uncertainty with the help of discourse theory (Apel, 1988; Habermas, 1996), as well as outline a possible solution. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life care. The (...) Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

Several philosophers have recently argued that decision-theoretic frameworks for rational choice under risk fail to provide prescriptions for choice in cases of moral uncertainty. They conclude that there are no rational norms that are “sensitive” to a decision-maker's moral uncertainty. But in this paper, I argue that one sometimes has a rational obligation to take one's moral uncertainty into account in the course of moral deliberation. I first provide positive motivation for the view that one's moral beliefs (...) can affect what it's rational for one to choose. I then address the problem of value comparison, according to which one cannot determine the expected moral value of one's actions. I argue that we should not infer from the problem of value comparison that there are no rational norms governing choice under moral uncertainty. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how (...) we might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we will (...) develop and defend a modified version of this view that allows for agent-centred prerogatives and supererogation as part of its verdicts about appropriateness. (shrink)

In this paper, I enter the debate between those who hold that our normative uncertainty matters for what we ought to do, and those who hold that only our descriptive uncertainty matters. I argue that existing views in both camps have unacceptable implications in cases where our descriptive beliefs depend on our normative beliefs. I go on to propose a fix which is available only to those who hold that normative uncertainty matters, ultimately leaving the challenge as (...) a threat to recent skepticism about such views. (shrink)

Uncertainty is interwoven into human existence. It is a powerful incentive in the search for knowledge and an inherent component of scientific research. We have developed many ways of coping with uncertainty. We make promises, manage risks and make predictions to try to clear the mists and predict ahead. But the future is inherently uncertain - and the mist that shrouds our path an inherent part of our journey. The burning question is whether our societies can face up (...) to uncertainty, learn to embrace it and whether we can open up to a constantly evolving future. In this new book, Helga Nowotny shows how research can thrive at the cusp of uncertainty. Science, she argues, can eventually transform uncertainty into certainty, but into certainty which remains always provisional. Uncertainty is never completely static. It is constantly evolving. It encompasses geological time scales and, at the level of human experience, split-second changes as cells divide. Life and death decisions are taken in the blink of the eye, while human interactions with the natural environment may reveal their impact over millennia. Uncertainty is cunning. It appears at unexpected moments, it shuns the straight line, takes the oblique route and sometimes the unexpected short-cut. As we acknowledge the cunning of uncertainty, its threats retreat. We accept that any scientific inquiry must produce results that are provisional and uncertain. This message is vital for politicians and policy-makers: do not be tempted by small, short-term, controllable gains to the exclusion of uncertain, high-gain opportunities. Wide-ranging in its use of examples and enriched by the author’s experience as President of the European Research Council, one of the world’s leading funding organisations for fundamental research. The Cunning of Uncertainty is a must-read for students and scholars of all disciplines, politicians, policy-makers and anyone concerned with the fundamental role of knowledge and science in our societies today. (shrink)