It is argued that the current policy of the British Medical Association (BMA) on conscientious objection is not aligned with recent human rights developments. These grant a right to conscientious objection to doctors in many more circumstances than the very few recognised by the BMA. However, this wide-ranging right may be overridden if the refusal to accommodate the conscientious objection is proportionate. It is shown that it is very likely that it is lawful to refuse to accommodate conscientious objections that (...) would result in discrimination of protected groups. It is still uncertain, however, in what particular circumstances the objection may be lawfully refused, if it poses risks to the health and safety of patients. The BMA's policy has not caught up with these human rights developments and ought to be changed. (shrink)

This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Fuller, Waldron, and Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, (...) then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory. (shrink)

Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.

Volume 10, Issue 4, December 2019, Page 588-596.

Volume 10, Issue 4, December 2019, Page 588-596.

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

This article is a critique of Thaddeus Metz’s modal relational approach to moral status in African ethics. According to moral relationalism, a being has moral status if it exhibits the capacity for communal relationship as either a subject or an object. While Metz defends a prima facie plausibility of MR as an African account of moral status, this article provides a fresh perspective to the debate on moral status in environmental and ethical discourse. It raises two objections against MR: the (...) capability criterion inherent in MR is not only exogenous to African thought but also undermines the viability of MR; and MR cannot account for the standing of species populations. Both objections have severe implications for biodiversity conservation efforts in Africa and beyond. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

This paper proposes an original ubuntu-inspired account of human-animal moral status for engaging the problem of belongingness—the ethico-ecological community view. This account embodies two integrated features: locatedness and relationality. While locatedness prompts us to attend to the embeddedness of beings in the built and natural environment, relationality allows the discussion to focus on human-nonhuman interdependencies. I argue that a deep sense of both features prompts us to move the moral status conversation away from capacities to a non-capacity-based approach, thereby helping (...) to disrupt unjustified human moral superiority over animals in a way that commits us to environmental flourishing. (shrink)

In this paper, I address human-induced environmental ills we face using an ubuntu-inspired ethical lens. I follow ubuntu scholars to stress the significance for moral agents to embody virtues. Virtue development is essential to carry out obligations and address human impacts on the environment. Thaddeus Metz, in particular, has drawn attention to how embodying ubuntu virtues of humility and friendliness can prompt moral agents to be other-regarding. The view I developed in this paper differs from his ubuntu-inspired account in at (...) least two significant ways. First, humans cannot be in harmonious relationships with some species such as Black Mambas, Hyenas and sea urchins even if they can interact. Second, we must acknowledge the consequentialist dimension of ubuntu ethics and prioritise the different aspects of ubuntu ‘mixed’ ethics, ranking them to offer possibilities for a more realistic recommendation to change our moral life. This paper demonstrates that the three dimensions of ubuntu ‘mixed’ ethics are fundamental because we need to think about moral consequences, right action and our virtue in accounting for our actions. (shrink)

This paper discusses one particular way we may put the idea of sharing in ubuntu philosophy into practice: moderate selflessness. Moderate selflessness is an important tool that might help us pursue other‐regarding behaviour alongside the agent's genuine well‐being interests to help disrupt the antagonistic gap between humanity and nonhumanity. I suggest that, properly understood, moderate selflessness may provide conceptual resources to avoid antagonistic environmental practices, including the concerns of poverty and biodiversity loss.

This investigation takes full account of the findings of the social and historical sciences while offering a religious interpretation of the religions as different culturally conditioned responses to a transcendent Divine Reality.

An Essay Concerning Human Understanding is a work by John Locke concerning the foundation of human knowledge and understanding. It first appeared in 1689 (although dated 1690) with the printed title An Essay Concerning Humane Understanding. He describes the mind at birth as a blank slate (tabula rasa, although he did not use those actual words) filled later through experience. The essay was one of the principal sources of empiricism in modern philosophy, and influenced many enlightenment philosophers, such as (...) David Hume and George Berkeley. (shrink)

Conceptualism is the thesis that, for any perceptual experience E, (i) E has a Fregean proposition as its content and (ii) a subject of E must possess a concept for each item represented by E. We advance a framework within which conceptualism may be defended against its most serious objections (e.g., Richard Heck's argument from nonveridical experience). The framework is of independent interest for the philosophy of mind and epistemology given its implications for debates regarding transparency, relationalism and representationalism, demonstrative (...) thought, phenomenal character, and the speckled hen objection to modest foundationalism. (shrink)

With an inside view from an expert in the field and a clear and engaging writing style, Asian Philosophies, Seventh Edition invites students and professors to think along with the great minds of the Asian traditions. Eminent scholar and teacher John M. Koller has devoted his life to understanding and explaining Asian thought and practice. He wrote this text to give students access to the rich philosophical and religious ideas of both South and East Asia. New to this seventh (...) edition: Added material on Confucianism, including focused coverage of (1) the Analects and society and (2) ren and nature; Additional information on Theravada Buddhism, Vajrayana Buddhism, and Zen Buddhism as well as new in-depth coverage of ecological attitudes in Buddhism; Expanded coverage of ecological attitudes in all of the Asian traditions; Brief excerpts from primary sources to help better explain the key concepts; Added timelines for essential texts in each tradition; Improved Glossary and Pronunciation Guide; Additional text boxes, to help students quickly understand key ideas, texts, and concepts; Updated Further Reading sections. (shrink)

This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas' thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of Aquinas's primary and secondary texts and his own vigorous argumentation on many themes, the author focuses on the philosophy (...) in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Professor Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates. (shrink)

This article examines the role of social context in corporate social responsibility research. The authors direct attention to three major perspectives in organization studies—institutional, cultural, and cognitive—that bear on the social context and explore how these perspectives are used in CSR research. These perspectives are framed as representative of the levels at which CSR may be analyzed, and each perspective is associated with a certain level of social context: the institutional perspective relates to the external social context, the cultural perspective (...) relates to the organizational level, and the cognitive perspective relates to the individual level. The authors demonstrate how the CSR field can benefit by combining or integrating multiple perspectives that bear on the social context, and by engaging in more explicit multilevel analysis of the social context within which CSR practicesunfold. Three promising avenues for future CSR research are outlined: social ecology, cross-sector social partnerships, and strategy-as-practice. The authors argue that these avenues transcend levels and perspectives and offer the prospect of more context-sensitive CSR research. (shrink)

This article evaluates the moral implications of two leading theories on biodiversity preservation/conservation (Paul Taylor's biocentric egalitarianism and J. Baird Callicott's holistic communitarianism). Taylor argues for the moral equality of all members of the Earth's community of life, calling for an ethic of respect for nature to conserve biodiversity. Callicott argues for the moral consideration of ecosystems to maintain their integrity, stability, and beauty. The article makes two major claims. First, we need a plausible account of moral egalitarianism to disrupt (...) ethical anthropocentrism. Second, the ethics of respect for nature requires a critical bottom-up character-based ethical theory to be morally forceful. These missing elements are central to the ubuntu philosophy about personhood and are significant for enriching egalitarian-communitarian solutions to biodiversity loss. (shrink)

SYMBOLIC LOGIC. CHAPTER I. ON THE FORMS OF LOGICAL PROPOSITION. IT has been mentioned in the Introduction that the System of Logic which this work is ...

The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism.

This two-volume work, first published in 1843, was John Stuart Mill's first major book. It reinvented the modern study of logic and laid the foundations for his later work in the areas of political economy, women's rights and representative government. In clear, systematic prose, Mill disentangles syllogistic logic from its origins in Aristotle and scholasticism and grounds it instead in processes of inductive reasoning. An important attempt at integrating empiricism within a more general theory of human knowledge, the work (...) constitutes essential reading for anyone seeking a full understanding of Mill's thought. Continuing the discussion of induction, Volume 2 concludes with Book VI, 'On the Logic of the Moral Sciences', in which Mill applies empirical reasoning to human behaviour. A crucial early formulation of his thinking regarding free will and necessity, this book establishes the centrality of 'the social science' to Mill's philosophy. (shrink)

Psychological assessment has long been reported as a key component of clinical psychology. This paper examined and shed light on the complexities surrounding the clinical significance of therapeutic approach to treatment Planning. To achieve this objective, the paper searched and used the PsycINFO and PubMed databases and the reference sections of chapters and journal articles to analysed the underlying themes: 1) a strong basis for the usage of therapeutic approach to psychological assessment in treatment plans, 2) explained the conceptual meaning (...) of clinical significant change in therapeutic assessment, 3) used initial theory to explain the therapeutic mechanisms of change in clinical practice, 4) analysed the empirically documenting clinically significant change in therapeutic assessment. Finally, the study suggested that though therapeutic assessment is not sufficient for the systematic study of psychotherapy outcome and process, it is still consistent with both the lay-man and professional expectations regarding treatment outcome and also provides a precise method for classifying clients as “changed” or “unchanged” on the basis of clinical significance criteria. (shrink)

The Machiavellian Moment is a classic study of the consequences for modern historical and social consciousness of the ideal of the classical republic revived by Machiavelli and other thinkers of Renaissance Italy. J.G.A. Pocock suggests that Machiavelli's prime emphasis was on the moment in which the republic confronts the problem of its own instability in time, and which he calls the "Machiavellian moment." After examining this problem in the thought of Machiavelli, Guicciardini, and Giannotti, Pocock turns to the revival of (...) republican thought in Puritan England and in Revolutionary and Federalist America. He argues that the American Revolution can be considered the last great act of civic humanism of the Renaissance. He relates the origins of modern historicism to the clash between civic, Christian, and commercial values in the thought of the eighteenth century. (shrink)

This book shows otherwise. John Martin rehabilitates Neoplatonism, founded by Plotinus and brought into Christianity by St. Augustine.

"Being and Logos" is... a philosophical adventure of rare inspiration.... Its power to illuminate the text..., its ecumenicity of inspiration, its methodological rigor, its originality, and its philosophical profundity—all together make it one of the few philosophical interpretations that the philosopher will want to re-read along with the dialogues themselves. A superadded gift is the author's prose, which is a model of lucidity and grace." —International Philosophical Quarterly "Being and Logos is highly recommended for those who wish to learn how (...) a thoughtful scholar approaches Platonic dialogues as well as for those who wish to consider a serious discussion of some basic themes in the dialogues." —The Academic Reviewer. (shrink)

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Preface -- November 1970 -- December 1970 -- January 1971 -- March 1971 -- April 1971 -- May 1971 -- October 1971 -- December 1971 -- January 1972 -- February 1972 -- March 1972 -- April 1972 -- May 1972 -- June 1972 -- October 1972 -- November 1972 -- May 1973 -- June 1973 -- November 1973 -- November 1974 -- Farewell.

The book also includes a chronological table of significant events, select bibliography, succinct explanatory notes, and an index--all of which supply ...

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

Comic Relief: A Comprehensive Philosophy of Humor develops an inclusive theory that integrates psychological, aesthetic, and ethical issues relating to humor Offers an enlightening and accessible foray into the serious business of humor Reveals how standard theories of humor fail to explain its true nature and actually support traditional prejudices against humor as being antisocial, irrational, and foolish Argues that humor’s benefits overlap significantly with those of philosophy Includes a foreword by Robert Mankoff, Cartoon Editor of The New Yorker.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Reissued here in its corrected second edition of 1864, this essay by John Stuart Mill argues for a utilitarian theory of morality. Originally printed as a series of three articles in Fraser's Magazine in 1861, the work sought to refine the 'greatest happiness' principle that had been championed by Jeremy Bentham, defending it from common criticisms, and offering a justification of its validity. Following Bentham, Mill holds that actions can be judged as right or wrong depending on whether they (...) promote happiness or 'the reverse of happiness'. Although attracted by Bentham's consequentialist framework based on empirical evidence rather than intuition, Mill separates happiness into 'higher' and 'lower' pleasures, arguing for a weighted system of measurement when making and judging decisions. Dissected and debated since its first appearance, the essay is Mill's key discussion on the topic and remains a fundamental text in the study of ethics. (shrink)

What is art really about? What is its true sense? For John Sallis, we cannot gain a genuine understanding of art by merely translating its effects into conceptual language. Rather, works of art must be approached in a way that does justice to their sensuous and enigmatic character—that illuminates their capacity to present truth without pretending to dispel the real mystery at art’s core. Transfigurements develops a framework for thinking about art through innovative readings of some of the most (...) important philosophical writing on the subject by Kant, Hegel, and Heidegger. Sallis exposes new layers in these texts and theories while also marking their limits. By doing so, his aim is to show that philosophy needs to attend to art directly. Consequently, Sallis also addresses a wide range of works of art, including paintings by Raphael, Monet, and Klee; Shakespeare’s comedies; and the music of Beethoven, Schubert, Mahler, and Tan Dun. Through these interpretations of classic works from both fields, Sallis puts forth a compelling new elaboration of the philosophy of art. (shrink)

A Norton Library edition of Locke's Second Treatise of Government, edited by A. John Simmons.

Moral responsibility and autonomy are closely related structurally and contentwise: they are both members of the “freedom family”. Here I argue that because of these similarities, they are often conflated or at least not carefully separated, and that this has resulted in confusions in important contemporary debates. Autonomy and moral responsibility involve the agent’s identification with the sources of her actions; but autonomy-identification is more robust than responsibility-identification.

For many years, the downtown in Clarksdale, with a municipal population of 17,960 and located in the northern part of the Mississippi Delta, had lost its role as the centre providing a wide range of jobs and services to those living in the surrounding region. For many cities and towns in America, downtown decline has been associated with the flight to the suburbs and the growth in shopping malls serving flourishing gated communities. In Clarksdale’s case, downtown decline has been due (...) largely to the advent of big box retailing and the location of new retail and commercial developments along the state highway on the edge of town, combined with the loss of jobs and population associated with agricultural restructuring. Today, however, Clarksdale has taken up the challenge to ‘revitalize’ the downtown in the face of economic adversity. Recovery is under way, and much of this is associated with blues music and Delta culture: Clarksdale is situated at the fabled ‘crossroads’ of Highways 49 and 61 and is also the home to national icons in literature, art and other cultural pursuits. These are key elements around which the downtown revitalization effort is focused. This paper charts the process by which the Clarksdale community has embarked on the road to downtown recovery, and highlights the town’s indelible links with the blues, borne out of years of toil, hardship and social deprivation. The paper emphasizes the importance of ‘champions’ and ‘creative people’, drawing on community support, in achieving downtown revitalization. Positive results are becoming evident with new businesses and jobs, improved levels of service, refurbishment of derelict buildings, a renewed sense of place, and an uplift in community confidence. The significance of cultural tourism to downtown revitalization is highlighted, with particular emphasis on the global appeal of blues, but with its roots firmly established in Clarksdale and the Delta. (shrink)

George Berkeley notoriously claimed that his immaterialist metaphysics was not only consistent with common sense but that it was also integral to its defense. Roberts argues that understanding the basic connection between Berkeley's philosophy and common sense requires that we develop a better understanding of the four principle components of Berkeley's positive metaphysics: The nature of being, the divine language thesis, the active/passive distinction, and the nature of spirits. Roberts begins by focusing on Berkeley's view of the nature of being. (...) He elucidates Berkeley's view on Locke and the Cartesians and by examining Berkeley's views about related concepts such as unity and simplicity. From there he moves on to Berkeley's philosophy of language arguing that scrutiny of the famous "Introduction" to the Principles of Human Knowledge reveals that Berkeley identified the ideational theory of meaning and understanding as the root cause of some of the worst of man's intellectual errors, not "abstract ideas." Abstract ideas are, rather, the most debilitating symptom of this underlying ailment. In place of the ideational theory, Berkeley defends a rudimentary "use theory" of meaning. This understanding of Berkeley's approach to semantics is then applied to the divine language thesis and is shown to have important consequences for Berkeley's pragmatic approach to the ontology of natural objects and for his approach to our knowledge of, and relation to other minds, including God's. Turning next to Berkeley's much aligned account of spirits, the author defends the coherence of Berkeley's view of spirits by way of providing an interpretation of the active/passive distinction as marking a normative distinction and by focusing on the role that divine language plays in letting Berkeley identify the soul with the will. With these four principles of Berkeley's philosophy in hand, he then returns to the topic of common sense and offers a defense of Berkeley's philosophy as built upon and expressive of the deepest metaphysical commitments of mainstream Christianity. Roberts' reappraisal of this important figure should appeal to all historians of philosophy as well as scholars in metaphysics and philosophy of language. (shrink)