It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an (...) alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification. (shrink)

Whether or not Strauss's observation is historically accurate, it does suggest two sets of questions for philosophical examination. (1) Is Strauss correct to view natural duties and natural rights as the same type of ethical concept? Do they serve the same function? Do they work on the same level, and are they necessarily in competition with each other? (2) Does saying that the individual human being is the center of the moral world require that one reject the idea of a (...) human end, or telos? Does accepting the ethical centrality of a human telos require that one reject ethical individualism? Are they mutually exclusive?Footnotes* For criticism, we are grateful to the other contributors to this volume and to its editors, as well as Paul Gaffney. (shrink)

ABSTRACT:Globalization has brought increased attention to the notion that labor rights such asfreedom of association—the right of workers to organize a union—are fundamental human rights. However, the vigorous opposition to freedom of association by US firms is largely ignored in the business ethics literature and exacerbated by compensatory corporate citizenship rating mechanisms that tend to mask labor rights deficiencies. I argue that because freedom of association is a hypernorm, instrumental to fully realizing basic human rights, labor rights and human rights (...) are largely inseparable. Thus, respect for labor rights is a non-substitutable requisite of corporate citizenship. I conclude by providing examples of corporate labor relations strategies that respect freedom of association and business firms that are leading the way. (shrink)

The paper argues that an ethical firm has cause to realize and to respect, in good faith, the decision of workers regarding labor unions, and proceeds along the following lines. First, the employer is due appropriate deference the bounds of which should be determined in conjunction with employees, as they are the most closely affected party. Second, employee preferences for defining the employment relation and appropriate deference are best reflected through autonomous voice. Third, autonomous voice is assured by the right (...) to free association and generally achieved through labor unions. Fourth, because employment is so important to a dignified existence, an economically just system of employment requires respect for workers’ choice regarding labor unions. And fifth, there are concerns and contradictions that arise from labor union operations, but they do not justify impeding a morally valid prerogative. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

Management control systems include justice implicitly, as they believe that the market provides what is just or not through the market value. Psychological literature has deemed that people can perceive which procedures and decisions are just or not. In this paper, we argue that management control systems need to include justice criteria explicitly, beyond mere market value, in both their design (formal justice) and use (informal justice). This will increase the probability that organizational members will collaborate to achieve organizational goals.

The last two decades have seen a great deal of scandals in the business world. Many of them have to do with accounting and management control, but in substantially different ways. This paper focuses on the dysfunctional effects of systems of measurement and incentives, and the possible ways to overcome those dysfunctional effects, achieving a stable state of goal congruence through the introduction of justice in the design and use of management control systems, by contributing to the ethical development within (...) the organization. We first analyze how the discipline of control systems came into being, and show how, in the last decades, both in theory and practice, has gone in a direction of becoming more ‘automatic,’ and then, we provide some case studies of how they are at the origin of many of the scandals. Borrowing from Rosanas and Velilla and from Cugueró-Escofet and Rosanas, we develop a model of control systems based on justice, where we make the distinction between formal and informal justice. We are then able to show how informal justice is the key element in the dynamics of a control system: to preserve formal justice, or to evolve toward formal justice. In any case, it is a necessary condition to reach a state of maximum goal congruence, stable through time, as a consequence of the ethical development that this type of systems are able to generate. (shrink)

This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for (...) the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims. (shrink)

In this paper I argue that applied ethics is a phenomenon spontaneously emerged between the Sixties and the Seventies and resulting from interbreeding of theoretical discussion in ethics and public discourse of liberal-democratic societies. I contend that the phenomenon’s novelty is in a peculiar relationship it has helped in establishing between ethical theories and real-world issues, and besides that the true nature of applied ethics is that of deliberation, whose tool is the faculty of judgment, or casuistry, understood the Kantian (...) way. (shrink)

The ‘value-free ideal’ has been called into question for several reasons. It does not include “epistemic values”—viewed as characteristic of ‘good science’—and rejects the so-called ‘contextual’, ‘non-cognitive’ or ‘non-epistemic’ values—all of them personal, moral, or political values. This paper analyzes a possible complementary argument about the dubitable validity of the value-free ideal, specifically focusing on social sciences, with a two-fold strategy. First, it will consider that values are natural facts in a broad or ‘liberal naturalist’ sense and, thus, a legitimate (...) part of those sciences. Second, the paper will not reject the value-free ideal; rather, it will construe this ideal in a special way, not casting values aside in sciences, but bringing them to the table and rationally discussing them. Today’s predominant naturalistic view has tended to ‘naturalize’ values by looking for physicalist explanations for them—a move resisted by defenders of normativism in social sciences. At the same time, a contending ‘liberal naturalist’ stream has emerged, claiming that not all natural entities can be explained by the methods and concepts of physical sciences, and favors a non-materialist naturalism which includes mind, consciousness, meaning and value as fundamental parts of nature that cannot be reduced to matter. Hence, it may be posited that non-epistemic values could be ‘naturally’ included in the field of human sciences. (shrink)

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)

Este artículo trata sobre la doctrina suareciana de la ley natural. Los estudiosos contemporáneos suelen presentar a Suárez como el responsable del vuelco hacia una comprensión fisicalista del derecho en donde la razón práctica se limita a descubrir el conjunto de mandatos que envuelven las inclinaciones naturales. En contra de esa interpretación, el presente trabajo intenta mostrar que Suárez de ende una comprensión racional-práctica del derecho natural en línea con la tradición medieval y tomista de la ley natural.

The nature of critical thinking remains controversial. Some recent accounts have lost sight of its roots in the history of philosophy. This article discusses critical thinking in its historical and social contexts, and in particular, for its educational and political significance. The writings of Plato and Aristotle are still vital in considering what makes certain kinds of thinking and certain kinds of knowledge distinctive. But neither Plato nor Aristotle theorised critical thinking in its specificity, that is, by differentiating it from (...) other kinds of thinking and by outlining its features. It was only with German Idealism, as part of the European Enlightenment, that philosophy achieved a level of self-reflection and engagement that broadened, deepened and made radical the logos of Socrates and Plato. In the encounter between Modern German and Ancient Greek philosophy we can see that there are different kinds of reason, the most politically and existentially significant of which runs through critical thinking, which we can only ever experience as critical dialogue. The logos of dialectical reason is uncompromising in its pursuit of truth and ‘the good life’, and as such, demands courage from those who pursue it. (shrink)

This paper argues against two major features of consequentialist conceptions of virtue: Value-centredness and the Hegemony of Promotion as a mode of moral acknowledgement or responsiveness. In relation to the first feature, I argue against two ideas: Value should be understood entirely independently of virtue; and The only right-making respects which serve to make an action better than another is degree of value. I argue that what I call the bases of moral response are several, including also status, the good (...) for, and bonds. Against the Hegemony of Promotion thesis I argue for several modes of moral responsiveness constitutive of virtue. (shrink)

The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...) played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. (shrink)

With rare exception, Roman Catholic moral theologians condemn the sale of human organs for transplantation. Yet, such criticism, while rhetorically powerful, often over-simplifies complex issues. Arguments for the prohibition of a market in human organs may, therefore, depend on a single premise, or a cluster of dubious and allied premises, which when examined cannot hold. In what follows, I will examine the ways in which such arguments are configured. For example, Thomas Aquinas’(1224-1274) understandings of embodiment and moral uses of the (...) body are usually interpreted as, and cited in support of, foreclosing a market in human organs. Aquinas’ principle of totality requires that one preserve the wholeness of the human body. In approaching Aquinas’ texts, I will assume the role of a revisionist who takes seriously his core commitments, while at the same time indicating that one can further develop his understanding of the body in ways which are supportive of the sale of human organs while remaining in conformity with the author's core concerns. Such considerations will provide significant grounds for concluding that a market in human organs for transplantation appreciates the embodied nature of the human person, respects the body and its parts as personal, rather than as mere things, is consistent with acknowledging God’s dominion over our lives and bodies, and constitutes an appropriate utilization of God's gifts to us. Moreover, such a market would likely create significant opportunities charitably to help others, to enhance human dignity and to protect against the serious dehumanization of current national bureaucratic procedures for organ donation. (shrink)

This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

Balfe argues against enhanced interrogation. He particularly focuses on the involvement of U.S. healthcare professionals in enhanced interrogation. He identifies several empirical and normative factors and argues that they are not good reasons to morally justify enhanced interrogation. I argue that his argument can be improved by making two points. First, Balfe considers the reasoning of those healthcare professionals as utilitarian. However, careful consideration of their ideas reveals that their reasoning is consequential rather than utilitarian evaluation. Second, torture is a (...) serious human rights abuse. When healthcare professionals become involved in enhanced interrogation, they violate not only human rights against torture but also human rights to health. Considering the consequential reasoning against human rights abuses, healthcare professionals’ involvement in enhanced interrogation is not morally justified. Supplementing Balfe’s position with these two points makes his argument more complete and convincing, and hence it can contribute to the way which shows that enhanced interrogation is not justified by consequential evaluation. (shrink)

The concept of rights is now so dominant in the language of politics that it is becoming difficult to identify its use with any particular approach to the solution of social problems or to gain a clear picture of its significance, its advantages and its disadvantages as a way of conceptualizing and resolving contentious political issues. None the less there is a perceptible shift towards an emphasis on rights in contemporary politics which many welcome and encourage and others question and (...) even reject, a shift which is matched in jurisprudence by the renewed stress which many theorists place on rights as a basic legal concept despite recurrent problems associated with the concept as a tool for legal analysis and moral justification. Conflicting theories of legal rights are canvassed and this in turn feeds into the debate concerning the reality or significance of non-legal rights, for the process of law reform is often presented as a matter of giving legal embodiment to the rights which various interested categories of people are asserted to possess already. (shrink)

In response to conventional rationalistic approaches to management and corporate governance, the Aristotelian tradition is emerging as a basis for alternative theories in which practical wisdom is central. This paper, following Aristotle and Thomas Aquinas, considers the specificity of “political wisdom” -directed to the common good- as being different from individual practical wisdom. We suggest that the business firm is a “political community”, understood as a whole formed by free and intelligent individuals called to cooperate for common goals and to (...) pursue a common good. This orientation toward the common good requires political wisdom. After discussing the concepts of “political wisdom” and the business firm as “political community” we propose a number of implications of political wisdom in management and corporate governance. (shrink)

What, if anything, directly detracts from well-being? Objective list theorists affirm basic goods such as knowledge, friendship, and achievement, but it is less clear what they should say about opposing bads. In this paper, I argue that false beliefs, unhealthy relationships, and failed projects are not basic bads and do not directly detract from well-being. They can have bad effects or elements, or block the realization of basic goods, but do not themselves carry negative weight with respect to well-being. This (...) is shown by comparing cases where these bads are present and absent, examining their relation to negative overall well-being, and considering the role of these bads in the pursuit of positive goods. (shrink)

This paper asks whether investigation into the ontology of the extended family can help us to think about and resolve questions concerning the nature of the family’s decision-making authority where organ donation is concerned. Here, “extended family” refers not to the multigenerational family all living at the same time, but to the family extended past its living boundaries to include the dead and the not yet living. How do non-existent members of the family figure into its ontology? Does an answer (...) to this question help to resolve questions about the distribution of authority within the extended family? (shrink)

La filosofía de D. Hume ha sido tradicionalmente vinculada con el positivismo y con el subjetivismo moral. Si bien es innegable su explicita influencia en estas escuelas de pensamiento, ello no obsta a la existencia efectiva de relaciones de armonía entre propuestas tradicionalmente opuestas a la filosofía humeana. En el presente trabajo se presentarán sus convergencias con la ética de la ley natural, particularmente la desarrollada por la llamada New Natural LawTheory. Se argumentará el vínculo a partir de la importancia (...) de la vida común, de la experiencia y del rol de la filosofía en el comportamiento humano. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition (...) as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

The idea that particular legal institutions are artifacts is not new. However, the idea that the “law” or “legal system” is itself an artifact has seldom been directly put forward, due perhaps to the ambiguities surrounding philosophical inquiries into law. Nevertheless, such an idea has recently been invoked more often, though not always developed in detail in terms of what the characterization of the “law” or “legal system” as an artifact entails ontologically, and what consequences, if any, this has for (...) philosophical accounts of law. As a result, the primary aim of this paper is to attempt an inquiry into what the claim that “law” by its nature or character is an artifact entails, and what an artifact theory of law might look like. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on the “higher-level” account (...) of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...) the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

Many neo-Aristotelians argue that practical identities are normative, that is, they provide us with reasons for action and create binding obligations. Kantian constructivists agree with this insight but argue that contemporary Aristotelians fail to fully justify it. Practical identities are normative, Kantian constructivists contend, but their normativity necessarily derives from the normativity of humanity. In this paper, I shed light on this underexplored similarity between neo-Aristotelian and Kantian constructivist accounts of the normativity of practical identities, and argue that both ultimately (...) fail. I end by suggesting an alternative justification of the claim that practical identities are normative. (shrink)

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as (...) well as legal philosophers more generally. (shrink)

One of the most common arguments in favour of the state's authority is that without the coordinating hand of political institutions, we could not achieve important moral benefits. I argue that if we understand authority correctly, then coordination cannot even in principle establish that coordinators have political authority.

Virtue ethics is normally taken to be an alternative to consequentialist and Kantian moral theories. I shall discuss what I think is the most interesting version of virtue ethics – Rosalind Hursthouse's. I shall then argue that her version is inadequate in ways that suggest revision in the direction of a kind of rule-consequentialism.

Some bioethicists have argued that moral bioenhancement, complementing traditional means of enhancing individuals’ moral dispositions, is essential if we are to survive as a species. Traditional means of moral enhancement have historically included civil legislation, socially recognized moral exemplars, religious teachings and disciplines, and familial upbringing. I explore the necessity and feasibility of pursuing methods of moral bioenhancement as a complement to such traditional means, grounding my analysis within a virtue-theoretic framework. Specifically, I focus on the essential intellectual virtue for (...) proper moral reasoning, prudence, and whether proposed methods of moral bioenhancement could facilitate the cultivation of this virtue within the psyches of moral agents. I conclude that certain means of bioenhancement may serve to augment the ability to reason prudentially and assist moral agents to align their wills with their higher-order rational desires, though such means require those higher-order desires to already have been formulated independently. (shrink)

In this essay I will try to develop a natural law justification of welfare rights. The justification I will undertake is from the perspective of Catholic natural law, that is, the strand of natural law that has been developed theoretically by Roman Catholic canonists, theologians, and philosophers since Aquinas, and affirmed by Catholic teachers as the basis for most moral obligations. Catholic natural law is, therefore, natural law as developed and understood by Catholics or others respecting Catholic traditions of inquiry. (...) It is not, however, primarily or exclusively natural law for Catholics, since the very idea of natural law includes the conviction that it is accessible in principle to anyone.Footnotes* I wish to thank the other contributors to this volume for their helpful comments on a presentation of an earlier draft of this essay. I am also grateful to John Finnis, Germain Grisez, James Murphy, Ellen Frankel Paul, and Michael Vertin for written comments on the earlier draft, which revealed many errors and suggested significant improvements. (shrink)

Disorders of sexual differentiation lead to what is often referred to as an intersex state. This state has medical, as well as some legal, recognition. Nevertheless, the question remains whether intersex persons occupy a state in between maleness and femaleness or whether they are truly men or women. To answer this question, another important conundrum needs to be first solved: what defines sex? The answer seems rather simple to most people, yet when morphology does not coincide with haplotypes, and genetics (...) might not correlate with physiology the issue becomes more complex. This paper tackles both issues by establishing where the essence of sex is located and by superimposing that framework onto the issue of the intersex. This is achieved through giving due consideration to the biology of sexual development, as well as through the use of a teleological framework of the meaning of sex. Using a range of examples, the paper establishes that sex cannot be pinpointed to one biological variable but is rather d... (shrink)

Catholic Social Teaching takes a rather cautious view toward the value of the ideas of Adam Smith, due to his emphasis on negative political and economic liberty. Detractors of Smith within CST point to what they consider to be deficiencies within his works: an impoverished moral anthropology, a lack of concern for the common good, and markets untethered to human needs. Defenders of Smith within CST tend to emphasize the material benefits that derive from Smithian institutions, such as economic growth, (...) improvements in standards of living, and the new opportunities that arise from cultures focused on innovation. This paper argues that Smith’s ideas have real value for CST. However, this value primarily lies in his moral psychology. While not denying the dangers of business activity for our moral lives, Smith also helps us to understand the possibility of the moral corruption of those who wield political power, thus providing an indirect defense of political and economic liberty that coheres with important Christian ethical notions found in CST. This is the case even though CST does not consistently recognize concerns surrounding the dangers of wielding political power—and thus Smith’s arguments offer real challenges to CST as well. This paper further suggests that these basic insights are relevant regardless of one’s favored institutional arrangements. (shrink)

Medical resource allocation is a controversial topic, because in the end it prioritises some peoples’ medical problems over those of others. This is less controversial when there is a clear clinical reason for such a prioritisation, but when such a reason is not available people might perceive it as deeming certain individuals more important than others. This article looks at the role of social utility in medical resource allocation, in a situation where the clinical outcome would be identical if either (...) person received the treatment. This situation is explored with a focus on the United Kingdom, but its conclusions have wider applications to any system where healthcare is tax-payer funded. The article proposes an experience adjusted life years system, and discusses its strengths and weaknesses. (shrink)

Straipsnyje analizuojamos Wittgensteino etinės pažiūros, pateiktos jo veikale „Tractatus Lo­gico-Philosophicus“ ir „Lecture on Ethics“. Juose Wittgensteinas tvirtina, kad etikos dalykai nepriklauso faktų sričiai. Todėl negali būti jokių etikos teiginių ir etika negali būti išreikšta. Wittgensteinas buvo vie­nas iš analitinės filosofijos kūrėjų ir etikos problemas svarsto būdu, kuris vėliau tapo įprastas šios filoso­fijos atstovams. Jis analizuoja, kaip kalboje funkcionuoja etikai būdingos sąvokos, ir tuo grindžia savo išvadas. Klasikinėje tradicijoje etinių sąvokų funkcionavimo ypatumai buvo aiškinami remiantis proto ir valios santykiu. Wittgensteinas etiką (...) irgi sieja su valios subjektu, laikydamasis tam tikros proto ir valios santykio sampratos. Mūsų nuomone, ji labiausiai artima Dunso Škoto pasiūlytai proto ir valios santykio interpretacijai. Tačiau ne ja Wittgensteinas grindžia savo išvadą apie tai, kad etika neišreiškiama. (shrink)

In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...) to a Nietzschean ground zero for normative values—shares Finnis’s concern with ordering affairs in a way that will realise humanity’s great potential. In presenting enchanted worlds and evolved characters as an antidote to all that is drab and pointless, Bowie has something to tell his audience about how human beings can thrive. Likewise, natural law holds that a legal system should include certain content that guides people towards a life of “flourishing”. Bowie and Finnis look to the past, plundering it for inspiration and using it as fuel to boost humankind forward. The analogy of Natural Law and Natural Rights and Bowie’s magpie-like relationship to various popular music traditions ultimately reveals that natural law theory is not merely an objective and unchanging edict to be followed without question, but a legacy that is to be recreated by those who carry it into the future. Law’s instruments of critique must not forget these transformative qualities. (shrink)

Applies a generally Thomistic framework to Earp and colleagues' (2013) discussion of anti-love biotechnology. Discusses some of the constraints that should be placed on the use of such a technology from a Thomistic perspective.

Businesses have long been admonished for being unduly focused on the pursuit of profit. However, there are some organizations whose purpose is not exclusively economic to the extent that they seek to constitute common good. Building on Christian ethics as a starting point, our article shows how the pursuit of the common good of the firm can serve as a guide for humanistic management. It provides two principles that humanistic management can attempt to implement: first, that community good is a (...) condition for the realization of personal good, and second, that community good can only be promoted if it is oriented towards personal good. To better understand which community good can favor personal good and how it can be achieved, we examine two recent humanistic movements—Conscious Capitalism and Economy of Communion—that strive to participate in the common good. From the analysis of these two movements, we identify a shared managerial willingness to adopt the two principles. Moreover, we also reveal that Conscious Capitalism and Economy of Communion present different ways of linking community good and personal good, and therefore, different means exist for firms to participate in the common good. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

Conceptual analysis is an integral part of legal theory, but the nature and purpose of such inquiries are often not clearly stated. In this article, I attempt to elaborate upon some of the differing reasons for conceptual analysis and what consequences may follow from choosing one objective rather than another. By showing that divergent purposes are often present in competing analyses of the same concept, I also hope to indicate why some “debates” in the jurisprudential literature are best understood as (...) theorists talking past one another. (shrink)