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According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form ‘My conscience says so’ do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...) |
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Esse artigo intenta desenvolver uma aproximação crítica da ideia de “direitos”, mostrando que, em sua origem, essa mesma ideia estava intimamente ligada à ideia de comunidade, de bem comum. Nesse sentido, é meu propósito criticar a forma tal como a relação entre “direitos” e “bem comum” vem sendo tratada no debate político recente. |
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Most public reason theorists believe that citizens are under a ‘duty of restraint’. Citizens must refrain from supporting laws for which they have only non-public reasons, such as religious reasons. The theo-ethical equilibrium argument purports to show that theists should accept this duty, on the basis of their religious convictions. Theists’ beliefs about God’s nature should lead them to doubt moral claims for which they cannot find secular grounds, and to refrain from imposing such claims upon others. If successful, this (...) |
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The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...) |
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Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 249-275. |
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When words and phrases change their meaning, we might find ourselves less able to understand and communicate, and this can be harmful to us. I make sense of this by introducing the concept of hermeneutical disarmament. Hermeneutical disarmament is the process by which a person is rendered less able to understand or communicate experiences, ideas, and other phenomena as a result of semantic change to the linguistic resources that could previously have been deployed for these purposes. I defend this concept (...) |
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Looking at the always renewed interest on the legitimation of Law theories, I expose part of the thought of whom is considered to be the new Natural Law caput scholae, John Finnis, whose axis lies on Doctor Angelicus postulates. Highlighting themes such as matrimony, homosexuality, bioethics and the resultant limitations of Public Reason, I present some serious doubts about the goodness of such jusnaturalist perspective to the Philosophy of Law. |
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