The aim of this paper is to argue in favor of the idea that it is possible not only to give a special place to reason in our life and in society, but also to offer an integrative rational framework, in in which human ends and goals find their rational expression. The text has three parts. The first describes Alfred Schutz's practical-hermeneutical approach to law and normativity, while making room for a subjective practice of reason. The second proposes (...) to reveal, through the description of knowledge in the world of ordinary life, a form of rationality which offers us practical but consistent ways of making a decision. Ultimately, the third aims at the practical-hermeneutical reconstruction of the law, in order to integrate into the core of legal reasoning references to ends and purposes without prejudicing the objectivity of the reasoning itself. The study aims to make a contribution to the problem of dedifferentiation and positivism of practice in the modern world. Le but de ce papier est d’argumenter en la faveur de l’idée qu’il est possible non seulement de donner une place particulière à la raison dans notre vie et dans la société, mais aussi d’offrir un cadre rationnel intégratif, dans lequel les fins et buts humains trouvent leur expression rationnelle. Le texte comporte trois parties. La première décrit l’approche pratique-herméneutique d’Alfred Schutz à l’égard de la loi et de la normativité, tout en faisant place à une pratique subjective de la raison. La deuxième se propose de dévoiler, à travers la description de la connaissance dans le monde de la vie ordinaire, une forme de rationalité qui nous offre des voies pratiques mais consistantes de prendre une décision. En fin de compte, la troisième vise la reconstruction pratique-herméneutique de la loi, afin d’intégrer dans le noyau du raisonnement légal des références à des fins et buts sans porter préjudice à l’objectivité du raisonnement lui-même. L’étude veut apporter une contribution au problème de la dédifférenciation et du positivisme pratique dans le monde moderne. (shrink)

El siguiente artículo tiene por objetivo mostrar la mutua correspondencia entre experiencia e historicidad en la obra de Hans-Georg Gadamer. La experiencia es entendida como el movimiento fundamental de la existencia histórica, la que articula las diversas esferas de la acción humana. La experiencia hermenéutica pone de manifiesto que el comprender no puede fundarse en un procedimiento metódico, sino en la forma del existir situado en el mundo. El acto hermenéutico es entendido como un continuo proceso de apropiación, que se (...) realiza mediante el lenguaje, y donde se van actualizando nuevos significados que develan el carácter aconteciente y móvil de la interpretación. Por ello, la historicidad de la comprensión será el principio hermenéutico fundamental que excluye la posibilidad de una conciencia histórica absoluta, a favor de una “conciencia de la repercusión histórica” (wirkungsgeschtliches Bewußtseins). The following article aims at showing the mutual correspondence between experience and historicity in the work of Hans-Georg Gadamer. Experience is understood as the fundamental movement of the historical existence, whichvarious spheres ofhuman action. The hermeneutic experience shows thatnot lie in methodical procedure, but in the way of existence in the world. The hermeneuticis understood as a continuing process that is carried out through language and where new meanings are updated, that reveal mobile characteristics of the interpretation. Therefore, the understanding the hermeneutical principle which excludes possibility ofabsolute consciousness, in favor of a historically-effected consciousness (wirkungsgeschtliches Bewußtseins). (shrink)

Kant's well-known statement from the “Critique of Practical Reason” (§ 7) that the consciousness of the basic law of pure practical reason (or the customary/moral law) can be called a fact of reason (V, 31.24) has not yet become the subject of adequate attention of domestic researchers. In the “Critique of Practical Reason”, Kant justify his famous categorical imperative by appealing to the “fact of reason” (§ 7). A closer reading of this passage reveals that it refers (...) to a “fundamental law of pure practical reason” and its “consciousness” is called “a fact of reason”. It is likely to think that Kant makes a “naturalistic fallacy” when he tries to justify “ought” (law) from “is” (fact). An analysis of the broader context of the use of the term “fact”, which occurs in the Critique in general 11 times, proves that its denotation is a moral law, which is explained in the corresponding train of thought. A special problem of interpretation is the explanation of the genitive in the expression “a fact of reason” [ein Factum der Vernunft]. It is common to read it as genitivus subjectivus (the fact is a product (act) of the reason, the fact arises thanks to the reason) and as genitivus objectivus (the reason itself is a fact, something factual). But from the standpoint of modern studies of Kant its reading as genitivus auctoris (Willaschek, Wolff, Noller) is promising. Kant’s specific use of the Latin form “ein Factum” in other works, which has the meaning not of “fact”, but of “imputable act” also, testifies in favor of this. Starting with Dieter Heinrich’s article “The Concept of Moral Insight and Kant’s Doctrine of the Fact of Reason” (1960), many researchers interpret the thesis of the “fact of reason” as Kant’s rejection of the attempt at the deduction of moral insight in the “Groundwork of the Metaphysics of Moral” (1785). However, as modern studies (Riedel, Wolff) show, this interpretation is not convincing enough. There are sufficient reasons to believe that it is Kant’s moral and legal doctrine of imputatio facti can explicate an enigmatic passage of the II Critique. (shrink)

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of (...) fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

This article draws on two Mencian illustrations of human goodness: the example of the child in the well and the metaphor of the continually deforested mountain. By reconstructing Mencius’ two novel ideas within the framework of a phenomenological thought-experiment, this article’s purpose is to explain the validity of this uncommon approach to ethics, an approach which recognizes that subjective participation is necessary to achieve any ethical understanding. It is through this active phenomenological introspection that the individual grasps the goodness of (...) human nature, whilst simultaneously coming to realize one’s own degree of closeness (or estrangement) to this universal nature, depending on the success of the thought experiment. Despite the apparent logical circularity of reformulating Mencius in such fashion, this article further maintains that no theoretical premises need be taken up prior to reenacting the Mencian thought-experiment. On the contrary, this article explains that knowledge of human nature manifests itself in the very moment of the proposed epistemic act. (shrink)

: Regionalism is a key element in narratives pertaining to the rise of the formal Muslim law schools. It is generally believed that these legal schools were influenced by the customary practices of the prominent urban centers of the early 2nd/8th century. Such assumptions are rooted in the Muslim legal works themselves, which distinguish between the legal views of important regional centers. This article tests the purported regional associations of individual law schools by utilizing traditions pertaining to ritual law to (...) reconstruct the dominant practice of major Muslim cities of the early 2nd/8th century. In the process, it models a method for deriving historical information from newly datable legal source material. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Bringing expert knowledge to bear in an open and deliberative way to help solve pressing social problems is a major concern today, when technocratic and bureaucratic decision making often occurs with little or no input from the general public. Albert Dzur proposes an approach he calls “democratic professionalism” to build bridges between specialists in domains like law, medicine, and journalism and the lay public in such a way as to enable and enhance broader public engagement with and deliberation about major (...) social issues. Sparking a critical and constructive dialogue among social theories of the professions, professional ethics, and political theories of deliberative democracy, Dzur reveals interests, motivations, strengths, and vulnerabilities in conventional professional roles that provide guideposts for this new approach. He then applies it in examining three practical arenas in which experiments in collaboration and power-sharing between professionals and citizens have been undertaken: public journalism, restorative justice, and the bioethics movement. Finally, he draws lessons from these cases to refine this innovative theory and identify the kinds of challenges practitioners face in being both democratic and professional. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

We defend in this essay Paul Ricœur’s hermeneutics of suspicion against Toril Moi’s debunking of it as a misguided interpretation of the practice of critical inquiry, and we relate the practice of a rigorous and critical empathy to the hermeneutics of suspicion. For Ricœur, empathy would not be a mere psychological mechanism by which one subject transiently identifies with another, but the ontological presence of the self with the Other as a way of being —listening as a human action that (...) is a fundamental way of being with the Other in which “hermeneutics can stand on the authority of the resources of past ontologies.” In a rational reconstruction of what a Ricœur-friendly approach to empathy would entail, a logical space can be made for empathy to avoid the epistemological paradoxes of Husserl and the ethical enthusiasms of Levinas. How this reconstruction of empathy would apply to empathic understanding, empathic responsiveness, empathic interpretation, and empathic receptivity is elaborated from a Ricœurian perspective. (shrink)

This essay argues that Mark C. Murphy's original contribution to natural law ethics succeeds in finding a way between older metaphysical and newer purely practical approaches in this genre. Murphy's reconstruction of the function argument, critique of subjectivist theories of well-being, and rigorous formulation of a flexible welfarist theory of value deserve careful attention. I defend Kant against Murphy's critique and argue that Murphy faces the problem of showing that all his basic goods are morally inviolable. Although I (...) endorse Murphy's critique of radical virtue ethics, I raise objections to the basic moral norms he derives from his list of goods, and to the analysis of peace of mind and happiness as basic goods. (shrink)

Albert Dzur proposes an approach he calls "democratic professionalism" to build bridges between specialists in domains like law, medicine, and journalism and the lay public in such a way as to enable and enhance broader public engagement ...

The pervasiveness of Protestant natural law in the early modern period and its significance in the Scottish Enlightenment have long been recognized. This book reveals that Thomas Reid &—the great contemporary of David Hume and Adam Smith&—also worked in this tradition. When Reid succeeded Adam Smith as professor of moral philosophy in Glasgow in 1764, he taught a course covering pneumatology, practical ethics, and politics. This section on practical ethics took its starting point from the system of natural (...) law and rights published by Francis Hutcheson. Knud Haakonssen has reconstructed it here for the first time from Reid&’s manuscript lectures and papers, and it provides a considerable addition to our understanding not only of Reid but also of the thought of the Scottish Enlightenment and of the education system of the time. The present work is a revised version of a work first published by Princeton University Press in 1990, which has long been out of print. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Pauline Kleingeld’s “Contradiction and Kant’s Formula of Universal Law”, published in this journal in 2017, presents a powerful challenge to what has become the standard reconstruction of the categorical imperative. In this response to Kleingeld, I argue that she is right to emphasise the ‘simultaneity requirement’ - that we must be able to will a proposed maxim and ‘simulataneously’, ‘also’ or ‘at the same time’ the maxim in its universalised form - but I deny that this removes the categorical (...) imperative test from the world of universalisation because the agent must be understood as part of that world. There are two distinct types of conflict: a contradiction that results from non-universalisability and Kleingeld’s ‘volitional’ conflict, located within the will of the immoral agent. The standard ‘practical’ reconstruction of the categorical imperative remains largely intact. (shrink)

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.

In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous (...) challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

Making meaning out of life requires effort, sustained thought and action. It can be difficult to reassert our responsibility for solving real life problems from within social science research or current trends, such as extremely deconstructivist text, and postmodernism in its cheerfully nihilistic guise. Hermeneutical philosophy, of the Ricoeurian reconstructive mode, rehabilitates text as a powerful device for influencing others and offers us courage to proceed with the human project by developing a way of writing, thinking and behaving that (...) is provisional, affirmative and conciliatory, yet constantly questioning. Ricoeur invites the person, both reflective subject and empiricist object of research, to combine these elements and use written text and action as text for an active mode of living. Within philosophy he attempts to achieve a rapprochement between hermeneutical and rational thought. Understanding oneself, through better understanding of the other, derives benefit from crossing disciplinary boundaries between, in this study, philosophy and the social sciences (education and psychology), in order to attempt to move from the particular, individual issues to the general, holistic view and return to one’s own situation to act for oneself and others. Ricoeur offers us the opportunity to repossess language, to be ethical and practical, and to challenge the hegemony of Explaining, going beyond method and methodology into epistemology and beyond fact into Understanding: an ontology of hope that makes sense of plurality, without the damage of relativism. This text attempts a narrative ethics, illustrating how Ricoeur’s work transformed my thinking from that of a method-bound psychologist to that of, perhaps, a philosopher in the making. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...) and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

The ground of the pragmatic approach to moral concepts and conceptions is its belief, that the moral concepts are rooted in social praxis and that they reflect the tensions, problems and crises present in social life. For the American philosopher Marion Smiley the category approving this approach is responsibility. Unveiling the social and historical moments, which determine our understanding of the subject of responsibility, as well as the very judgments on causal responsibility question the universalistic conceptions of moral responsibility. At (...) the same time Smiley tries to create a unified methodological frame in which the controversial problems of judging the responsibility of individual subjects. (shrink)

The ArgumentIn this we explore some of the ways in which a state scientific laboratory (Daresbury SERC) reacted to the rtetoric and forces of the marketpace in the 1980s. We describe laboratory attempts to create what we call “good customers” while converting itself into a “good seller” by developing a particulat set of costing practicting that were closely related to the implementation of a management accounting system. Finally, we consider how Daresbury response to “market forces” influenced scintific and organzational practice, (...) and arsponse that the social technologies of governmentality performed by accountancy — but also by scientific and bureaucratic practice are complex, discursively heterogeneou, and used in context-sensitive ways. This means, or so we suggest, that it is difficult to mount general argunents about “science” and “the market,” and that the use of such large-scale institions impedes impedes analysis. (shrink)

This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain (...) no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

Although typically implicit, clinicians face an inherent conflict between their roles as medical healers and as providers of technical biomedicine (Scott et al. in Philos Ethics Humanit Med 4:11, 2009). This conflict arises from the tension between the physicalist model which still predominates in medical training and practice and the extra-physicalist dimensions of medical practice as epitomised in the concept of patient-centred care. More specifically, the problem is that, as grounded in a "borrowed" physicalist philosophy, the dominant "applied scientist" model (...) exhibits a number of limitations which severely restrict its ability to underwrite the effective practice of care. Moreover, being structural in character, these problems cannot be resolved by piecemeal modifications of the existing model, nor by an appeal to evidence-based medicine (Miles in J Eval Clin Pract 15(6):887-890, 2009; Miles in Folia Med 55(1):5-24, 2013; Miles et al. in J Eval Clin Pract 14(5):621-649, 2008). Hence, the need for medical theorists to "partner with experts in the humanities to build a sui generis philosophy of medicine" (Whatley in J Eval Clin Pract 20(6):961-964, 2014, p. 961). In response, the present paper seeks to vindicate the merits of hermeneutically-informed template in providing the requisite grounding. While capable of correcting for the limitations of the applied scientist model, a hermeneutically-informed template is a "both/and" approach, which seeks to complement rather than exclude the physicalist dimension, and thereby aspires to reconcile technical mastery with patient-centred care, rather than eschew one in favour of the other. As such, it can provide a cogent philosophical template for current best practice, which does justice to the art as well as the science of medical care. (shrink)

This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not happen, (...) so Sámi fishing practices and the realities that they enact are disappearing. This paper explores how to conceptualize colonial differences in knowing. Drawing on recent anthropology, it asks how “settler” and “nomadic” enact worlds and their realities, suggesting that, unlike the latter, the former create a single reality intolerant of alternatives. The focus is thus on a “politics of how” and the ways in which colonial realities and knowledges might intersect less destructively. (shrink)

Making meaning out of life requires effort, sustained thought and action. It can be difficult to reassert our responsibility for solving real life problems from within social science research or current trends, such as extremely deconstructivist text, and postmodernism in its cheerfully nihilistic guise. Hermeneutical philosophy, of the Ricoeurian reconstructive mode, rehabilitates text as a powerful device for influencing others and offers us courage to proceed with the human project by developing a way of writing, thinking and behaving that (...) is provisional, affirmative and conciliatory, yet constantly questioning. Ricoeur invites the person, both reflective subject and empiricist object of research, to combine these elements and use written text and action as text for an active mode of living. Within philosophy he attempts to achieve a rapprochement between hermeneutical and rational thought. Understanding oneself, through better understanding of the other, derives benefit from crossing disciplinary boundaries between, in this study, philosophy and the social sciences (education and psychology), in order to attempt to move from the particular, individual issues to the general, holistic view and return to one’s own situation to act for oneself and others. Ricoeur offers us the opportunity to repossess language, to be ethical and practical, and to challenge the hegemony of Explaining, going beyond method and methodology into epistemology and beyond fact into Understanding: an ontology of hope that makes sense of plurality, without the damage of relativism. This text attempts a narrative ethics, illustrating how Ricoeur’s work transformed my thinking from that of a method-bound psychologist to that of, perhaps, a philosopher in the making. Key Words: critical realism • hermeneutics • holism • Hollis • individualism • Norris • rational analytic • Ricoeur • self • text. (shrink)

In 2002 with the passing of the Euthanasia Law, Belgium became one of the few countries worldwide to legalize euthanasia. In the 18 years since the passing of the law, much has changed. We argue that in Belgium a widening of the use of euthanasia is occurring and that this can be ethically and legally problematic. This is in part related to the fact that several legal requirements intended to operate as safeguards and procedural guarantees in reality often fail to (...) operate as such. We focus on three kinds of safeguards or procedural guarantees: the legally defined due care criteria for eligibility for euthanasia; the consultation of a second physician; and the reporting of euthanasia cases to the Federal Control and Evaluation Commission for Euthanasia. We will show how each of these three safeguards can exhibit shortcomings in theory and practice. (shrink)

A phenomenological hermeneutic study of the lifeworld of critical care nursing was undertaken, from which emerged the concept of ‘focusing’. Focusing is defined as empathizing concern for the critically ill person and his/her family amid the high technology of the intensive care unit. When nurses focus on the patient and the patient's family they are able to empathize with die personal dimensions of caring. The study used a phenomenological hermeneutic approach to describe die nature of the lived experience of clinical (...) nursing practice in a high technology environment. (shrink)

In this contribution to the Common Knowledge symposium “Fuzzy Studies,” the authors, all of whom work in the field of science, technology, and society, begin from the assumption that, as Bruno Latour has put it, “we have never been modern.” They accept the STS thesis that, while modern practices purport to be entirely rational and coherent, on closer inspection they turn out to be as much noncoherent as coherent. This article poses the question of what forms “noncoherences” take and how (...) they are managed. The basic argument is that there is a range of styles of noncoherence or “modes of syncretism.” In small case studies, the authors identify six such modes or styles, which they term denial, domestication, separation, care, conflict, and collapse. Given that consistency and coherence seem less important now than they were once taken to be — and given that the conditions of possibility for purity are, in any case, in decline — this list and its supporting case studies, while not meant to be definitive, are offered as a way of understanding how practices that do not cohere may still function and fit together admirably. (shrink)

The paper analyses and evaluates the linguistic policy of the Court of Justice of the European Union against the background of other multilingual courts and in the light of theories of legal interpretation. Multilingualism has a direct impact upon legal interpretation at the Court, displacing traditional approaches with a hermeneutic paradigm. It also creates challenges to the acceptance of the Court’s case-law in the Member States, which seem to have been adequately tackled by the Court’s idiosyncratic translation policy.

This book is a systematic study of religious morality in the works of John Henry Newman (1801-1890). The work considers Newman's widely discussed views on conscience and assent, analyzing his understanding of moral law and its relation to the development of moral doctrine in Church tradition. By integrating Newman's religious epistemology and theological method, the author explores the hermeneutics of the imagination in moral decision-making: the imagination enables us to interpret complex reality in a practical manner, to relate belief (...) with action. The analysis bridges philosophical and religious discourse, discussing three related categories. The first deals with Newman's commitment to truth and holiness whereby he connects the realm of doctrine with the realm of salvation. The second category considers theoretical foundations of religious morality, and the third category explores Newman's hermeneutics of the imagination to clarify his view of moral law, moral conscience, and Church tradition as practical foundations of religious morality. The author explains how secular reason in moral discernment can elicit religious significance. As a result, Church tradition should develop doctrine and foster holiness by being receptive to emerging experiences and cultural change. John Henry Newman was a highly controversial figure and his insightful writings continue to challenge and influence scholarship today. This book is a significant contribution to that scholarship and the analysis and literature comprise a detailed research guide for graduates and scholars. (shrink)

This work systematically explicates and defends four key claims in Kant's moral philosophy: The human will is some form of practical reason. The supreme criterion for determining the morality of our choices is provided by an a priori moral law. We find this law to be a source of felt value; it commands unqualified respect. We must suppose the human will is free. ;Traditionally, Kant has been read as holding that these claims imply that the responsible moral agent is (...) a noumenon whose will is a pure practical reason structured completely a priori by the moral law. I show that this position must be rejected on philosophical grounds because it implies that the agent is not free, has an impotent and vacuous will, and is neither obligated nor capable of acting out of a sense of respect for the moral law. ;I argue an alternative reading of Kant is textually sound and philosophically superior. This alternative view, which is explicated and defended in detail, holds that: The human will is empirical practical reason. The moral law is an a priori structure which is always applied a posteriori. It is not constitutive but regulative. The feeling of respect is an intuition of the formal pattern of the subjective time order which results insofar as the a priori structure of empirical practical reason directs or commands the movement of our attention. The responsible moral agent is neither a phenomenal object or a noumenal object but rather a subject, a being of a third and distinct ontological kind. ;In working out such an interpretation, I also reconstruct Kant's account of the relations between the faculties of imagination, understanding, reason, and will, holding them to be simply alternative employments of a single, underlying power of synthesis. I also recharacterize the fundamental project of Kant's critical enterprise in order to locate his moral philosophy within it, arguing that his central concern is with how judgment is possible. (shrink)