Can we coherently conceive of an agent whose practical rationality is limited to merely instrumental reasoning? I argue that we cannot. Existing arguments to this effect have focused on what is required in order to have reasons to take means to our ends-or on what is required in order to be bound by the so-called ‘instrumental principle’. By contrast, I argue that consideration of the special kind of concept-use characteristic of instrumental reasoning reveals that a merely instrumentally rational agent would (...) not be so much as able to identify means to ends in the first place. I then elucidate this line of thought by testing it against three different conceptions of merely instrumentally rational agency found in the literature. I conclude by highlighting a risk associated with remaining agnostic concerning the possibility of merely instrumentally rational agents: namely, that we arrive at a false conception of our own capacity to identify means to ends as somehow isolated from our conceptions of the good. (shrink)

Elizabeth Anscombe introduced the notion of “practical knowledge” into contemporary philosophy. Philosophers of action have criticized Anscombe’s negative characterization of such knowledge as “non-observational,” but have recently come to pay more attention to her positive characterization of practical knowledge as “the cause of what it understands.” I argue that two recent Anscombean accounts of practical knowledge, “Formalism” and “Normativism,” each fail to explain the productive character of practical knowledge in a way that secures its status as non-observational. I argue that (...) to do this, we must appreciate the role of know-how or skill in practical knowledge. (shrink)

According to a dominant assumption the truth of instrumental thoughts—thoughts in which one action is identified as a means to another—are not affected by agents’ normative conceptions of their ends. Agents could in principle grasp these thoughts, and thereby the correct means to their ends, without consulting any conception they may have as to the pursuit-worthiness of those ends. I argue this assumption (the ‘Theoretical Conception’) prevents us from explaining how agents can identify means to their ends. I sketch an (...) alternative account according to which the contents of instrumental thoughts are directly determined by agent's reasons for acting. This is explained by the fact that an agent's reasons for action reveal what they take the good of their ends to be. Ultimately, I argue, agents must have a conception of their final ends as intrinsically good if they are to successfully specify means to them. (shrink)

Human rights law proclaims that all persons are the same, and have the same rights. Yet this revolutionary claim, which has overturned political regimes and confounded conventions, has itself been criticised. The criticisms have often come from a non-legal disciplinary background - anthropology, philosophy, sociology or others. Sceptics, postmodernists, feminists, cultural relativists and multiculturalists argue that this universalist view is too simple, or even invidious and oppressive and should be rejected. This chapter explores the universalist pretensions of human rights, the (...) criticisms of this universalism, the legal modification of the simple universalist claim and finally discusses a proposal to resolve some of the tensions between these views. (shrink)

Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.

This article discusses the role of moral argument in the Constitutional case law of the Irish courts. It looks at the debate on the constitutional morality of sexuality in four major cases: a 1973 case protecting the right to use contraceptives; a 1984 case which upholds discrimination against gay men; a 1987 case limiting access to abortion information; and a 1992 case which finds a limited right to abortion in the Constitution. These cases show the role of the courts in (...) contributing to a debate on political morality, both proposing new visions of political morality, and elaborating on the requirements of the current one. (shrink)

This case note discusses the case of Baczkowski v. Poland in the European Court of Human Rights. The Court ruled that, where an elected mayor makes comments disapproving of homosexuality, and officials subsequently ban a Gay Pride march, then courts may be able to infer that the ban was discriminatory under Article 14 ECHR.

The European Court of Human Rights ("ECtHR") has a distinguished track record. Established under the European Convention on Human Rights 1950 ("ECHR"), it was the world's first international human rights court. It decides thousands of cases every year, and its opinions are cited world-wide. For most of its history, the Court's jurisprudence on equality was uninspiring, as it was based on a formal conception of equality. In recent years, however, the ECtHR has begun to give equality more substantive content.

This paper examines the role of the United Kingdom in the process of drafting the Universal Declaration of Human Rights (UDHR); and proceeds to discuss the impact the UDHR has had on UK law, politics and society.

A globe-spanning investigation into the Transhumanist movement, considering the tech billionaires, scientific luminaries, and DIY body-hackers attempting to prolong, improve, and ultimately transcend the limits of human life.

Famous for their enigmatic ambiguity, the fragmentary texts of the Presocratic philosopher Heraclitus have puzzled and fascinated readers for over two millennia ...

William James’ celebrated lecture on “The Will to Believe” has kindled spirited controversy since the day it was delivered. In this lively reappraisal of that controversy, Father O’Connell contributes some fresh contentions: that James’ argument should be viewed against his indebtedness to Pascal and Renouvier; that it works primarily to validate our “over-beliefs” ; and most surprising perhaps, that James envisages our “passional nature” as intervening, not after, but before and throughout, our intellectual weighing of the evidence for belief.

In this editorial, we argue that midwives should focus on climate change, a link which has been underexplored.

Completely revised and updated, this classic introduction to moral theology in the Roman Catholic tradition speak clearly to anyone interested in understanding what it means to live the Christian life. Beginning with a concise definition of the roles of revelation and interpretation in the formation of moral theology, O'Connell explores the concept of a moral person, the shape and dynamics of a moral world, and the implications not only for the individual Christian but for the community as a whole.

Have you lost a loved one? The loss can be inestimable, the grief excruciating. What helped you? Did someone say something comforting? Did someone offer a consolation, which you resented? Have you ever tried to comfort someone with a terminal illness or one who has lost a loved one? Knowing how to help or what to say that is not trite, insincere, or superficial can be difficult. The point of view of a grieving person is quite different from that of (...) those who wish to offer comfort. In a multicultural society such as ours, anticipating the beliefs of the grieving person can be even more difficult. This book explores the perspective of a grieving person. It considers the merits and potential harm of alternative comfort strategies. As a philosophical analysis of grief, it emphasizes an understanding of the beliefs that underlie grief and the usefulness or dangers of emotions. Because grief is so complex and sensitive, a narrow approach runs the risk of alienating the grieving person. The ideas in this book are expressed in a dialogue among three characters. Their discussion is broad and fundamental. Starting from the familiar consolation, “She’s no longer suffering” and the grieving person’s resentment toward the expression, the three friends articulate the value of life and the evils of death. Their discussion enriches their understanding of grief. Many consolations offered to mourners are poor arguments. Even the better ones do their work best in the context of a greater understanding of grief. (shrink)

A great thinker once said that "all philosophy is merely footnotes to Plato."Through Plato, Father O'Connell provides us here with an introduction to all philosophy. Designed for beginning students in philosophy, Plato on the Human Paradox examines and confronts human nature and the eternal questions concerning human nature through the dialogues of Plato, focusing on the Apology, Phaedo, Books III-VI of the Republic, Meno, Symposium, and O'Connell presents us here with an introduction to Plato through the philosopher's quest to define (...) "human excellence" or arete in terms of defining what "human being" is body and soul, focusing on Plato's preoccupations with the questions of how and what it means to have a "good life" in relation to or as opposed to a "moral life.". (shrink)

John Paul II’s encyclical Veritatis Splendor lists several objections to the theological concept of fundamental option. This article summarizes that concept, primarily as presented by Josef Fuchs. It then locates the concept, as Fuchs did, in the overarching theological anthropology of Karl Rahner, which is discussed at length. The objections of the encyclical are then engaged. In some cases, it is shown, the encyclical misunderstands fundamental option. In other cases, its rejection of the idea seems to entail rejection also of (...) traditional Catholic doctrines. All this leads to concluding reflections in which fundamental option is evaluated in terms of its cogency, adequacy, usefulness, and necessity for a contemporary Christian anthropology. (shrink)

This paper explores possible connections between gender and the willingness to engage in unethical business behavior. Two approaches to gender and ethics are presented: the structural approach and the socialization approach. Data from a sample of 213 business school students reveal that men are more than two times as likely as women to engage in actions regarded as unethical but it is also important to note that relatively few would engage in any of these actions with the exception of buying (...) stock with inside information. Fifty percent of the males were willing to buy stock with insider information. Overall, the results support the gender socialization approach. (shrink)

When Dr. van Fleteren writes of the articles I criticized as dating from some twenty years ago, the unwary reader might infer that my criticism of those articles was, for its part, relatively recent. The fact is, however, that when the two connected articles I eventually criticized appeared in the volumes of Augustinian Studies, I wrote this reply while Fr. Robert Russell, of happy memory, was still at the helm, and was promised publication in the near future. Meanwhile, however, Fr. (...) Russell had the discourtesy to move on to a more intimate acquaintance with Augustine than any of us on this confused planet can boast of, and someone sowed cockle into field he had tended: in unaccountable fashion my article seems to have disappeared. Only a recent letter of inquiry on my part, and Fr. Allan Fitzgerald’s understanding reply, resulted in this renewal of dialogue between Dr. van Fleteren and me. Let me assure both Dr. van Fleteren and Fr. Fitzgerald that I am grateful for giving it exactly that form, a courteous dialogue. (shrink)

Peirce’s doctrine of God has scarcely been studied at all. This is surprising because his own naturally religious temperament, his desire for philosophical completeness and the influence of Kant, all led him to give an important place to theistic speculation in his philosophy. It is true that few parts of his philosophy reveal more than the fragmentary and unfinished nature of his thinking. This however does not take away from its importance both for the interpretation of his philosophy and for (...) the evaluation of its contribution. In this paper I want to examine his doctrine of God mainly in order to discover and outline what views he held in the matter. Such examination is an essential preliminary to any consideration of the value of his theistic thinking. Moreover, an objective exposition is already the best beginning of evaluation. However it is impossible to undertake this kind of examination without a careful search into various corners of his writings and a meticulous and slightly laboured presentation of one’s findings. But I think that the patience involved in such research has a rich reward. (shrink)

This study investigates the impact of Securities and Exchange Commission enforcement actions on individuals holding Certified Public Accountant accreditation. While prior research has investigated both the characteristics of companies that have been investigated by the SEC and litigation against audit firms, it has not addressed the ways in which SEC investigations impact CPAs. Using a sample of 262 CPAs, we find that the most common CPA breach was associated with overstating revenues/income or earnings. The study finds serious consequences for CPAs (...) in terms of employment restrictions and SEC actions, incorporating suspension, which is often permanent. We find that the primary factors relating to the severity of actions by the SEC is whether the CPA intentionally breached the professional code of conduct, the age of the CPA, whether the CPA is still a member of the AICPA with CPA status and whether the CPA was operating as an external auditor or in a corporate accounting role. Our findings have implications for accounting practitioners, the AICPA and boards of directors. (shrink)

In this article, I explain Aquinas' approach to philosophy and theology. I then discuss how Aquinas thought the universe having a beginning is a matter of faith, not reason. I then argue that Aquinas' position is still correct despite the cosmological model of the big bang. Men of faith, I argue, ought to have a notion of God that is based on metaphysics, not a physical model, which at best brings us to a Deistic God.

Recent developments of three-dimensional printing of biomaterials in medicine have been portrayed as demonstrating the potential to transform some medical treatments, including providing new responses to organ damage or organ failure. However, beyond the hype and before 3D bioprinted organs are ready to be transplanted into humans, several important ethical concerns and regulatory questions need to be addressed. This article starts by raising general ethical concerns associated with the use of bioprinting in medicine, then it focuses on more particular ethical (...) issues related to experimental testing on humans, and the lack of current international regulatory directives to guide these experiments. Accordingly, this article considers whether there is a limit as to what should be bioprinted in medicine; examines key risks of significant harm associated with testing 3D bioprinting for humans; investigates the clinical trial paradigm used to test 3D bioprinting; analyses ethical questions of irreversibility, loss of treatment opportunity and replicability; explores the current lack of a specific framework for the regulation and testing of 3D bioprinting treatments. (shrink)

Background:Nursing practice is complex, as nurses are challenged by increasingly intricate moral and ethical judgments. Inadequately studied in underrepresented groups in nursing, moral distress is a serious problem internationally for healthcare professionals with deleterious effects to patients, nurses, and organizations. Moral distress among nurses has been shown to contribute to decreased job satisfaction and increased turnover, withdrawal from patients, physical and psychological symptoms, and intent to leave current position or to leave the profession altogether.Research question:Do significant gender differences exist in (...) the moral distress scores of critical care nurses?Research design:This study utilized a quantitative, descriptive methodology to explore moral distress levels in a sample of critical care nurses to determine whether gender differences exist in their mean moral distress scores.Participants and research context:Participants ( n = 31) were critical care nurses from an American Internet nursing community who completed the Moral Distress Scale–Revised online over a 5-day period in July 2013.Ethical considerations:Institutional review board review approved the study, and accessing and completing the survey implied informed consent.Findings:The results revealed a statistically significant gender difference in the mean moral distress scores of participants. Females reported statistically significantly higher moral distress scores than did males. Overall, the moral distress scores for both groups were relatively low.Discussion:The findings of a gender difference have not previously been reported in the literature. However, other findings are consistent with previous studies on moral distress.Conclusion:Although the results of this study are not generalizable, they do suggest the need for continuing research on moral distress in underrepresented groups in nursing, including cultural and ethnic groups. (shrink)

The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: Politics, in the broader sense of living as a community, and the narrower sense of political power; Charity, how it is defined and changes in its meaning over time; Taxation, including the rationale for (...) government support of the sector through the tax system; Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector. (shrink)

The spatial dynamics of the optical emission from an array of 50 times 50 individual microcavity plasma devices is investigated. The array is operated in argon and argon-neon mixtures close to atmospheric pressure with an ac voltage. The optical emission is analysed with phase and space resolution. It has been found that the emission is not continuous over the entire ac period, but occurs once per half period. Each of the observed emission phases shows a self-pulsing of the discharge, with (...) several bursts of emission of fixed width and repetition rate. The number of emission bursts depends on applied voltage and frequency. Spatially resolved measurements prove that the emission bursts are formed by overlapping emission pulses from single discharge cavities. Intensity differences between positive and negative half-wave can be interpreted through spatially resolved measurements of single discharge cavities. (shrink)

This Element is a philosophical history of Social Darwinism. It begins by discussing the meaning of the term, moving then to its origins, paying particular attention to whether it is Charles Darwin or Herbert Spencer who is the true father of the idea. It gives an exposition of early thinking on the subject, covering Darwin and Spencer themselves and then on to Social Darwinism as found in American thought, with special emphasis on Andrew Carnegie, and Germany with special emphasis on (...) Friedrich von Bernhardi. Attention is also paid to outliers, notably the Englishman Alfred Russel Wallace, the Russian Peter Kropotkin, and the German Friedrich Nietzsche. From here we move into the twentieth century looking at Adolf Hitler - hardly a regular Social Darwinian given he did not believe in evolution - and in the Anglophone world, Julian Huxley and Edward O. Wilson, who reflected the concerns of their society. (shrink)