Albert Camus’ reflection in _The Myth of Sisyphus_ presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...) law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad. (shrink)

This paper defends partiality as an inherent, essential part of ethical decision-making. First, the concept of charity as a kind of universal benevolence is spelled out, drawing on key ideas from classical religious thinking. I then argue that any justification of partiality must appeal to the good first, rather than rights. There follows a justification of partiality via an argument from the idea of control over the good. The next section seeks to harmonize partialistic preference with universal charity, explaining the (...) concept of love of neighbour. There follows an outline of the key principles required for setting out an order of charity based on different kinds of special relationship. While not all of this theistically driven approach to the order of charity translates easily into secular moral thought, enough does to suggest that the view defended is at the least worthy of consideration and not to be dismissed lightly. At best, it has much in it that is commendable to secular common sense. (shrink)

Las doctrinas que defienden el deber de obediencia al derecho consideran que este deber es universal, afecta a todos los individuos de un Estado. Quienes se oponen suelen considerar que en ningún caso tendríamos un deber de obediencia al derecho. En este trabajo se sostiene que hay un espacio intermedio entre ambas posiciones. Las posiciones voluntaristas sirven para justificar ese deber respecto a quienes dan su consentimiento expreso al Estado. El grueso de este trabajo, sin embargo, se centra en las (...) posibilidades que presentan algunas doctrinas no voluntaristas. Veremos que de todas ellas se pueden extraer buenos argumentos para considerar que, para algunos individuos o respecto a determinadas cuestiones, es posible fundar el deber de obediencia al derecho. (shrink)

El artículo se pregunta qué sentido tiene la práctica de conferir o reconocer derechos y sostiene que son sus consecuencias lo que nos interesa y lo que hace sensata la práctica relacionada con ellos. La virtud de esta tesis es que permite aterrizar el vocabulario aéreo de los derechos y que invita a determinar sus contenidos específicos con la mayor precisión posible. Se trata de una tesis realista y pragmatista respecto de los derechos. Realista, porque busca comprender en qué consiste (...) realmente ser titular de derechos; pragmatista, en la medida en que, para hacerlo, se interesa por las consecuencias de su titularidad. El artículo busca también mostrar el modo en que una tesis pragmatista sobre los derechos puede dar cuenta de los derechos fundamentales. (shrink)

This article examines the nature of individual goods, public goods, and the common good in the context of the Coronavirus Disease 2019 (COVID). ‘Common’ in ‘common good’ is what applies to all persons without exception, and ‘good’ is what contributes to human flourishing. The common good is regarded as the communion of persons in good living. Addressing the relationship between the economy and society, it is proposed that the marketplace subsists within society. Acknowledging that we are deeply connected, the article (...) employs the philosophies of MacIntyre, Maritain and Sandel to highlight the importance of reciprocity, relationships, and generosity as characteristics of the common good. Two narratives in the public discourse are observed in these COVID days – one characterised by fear and selfishness, the other by hope and generosity. The author recognises that this pandemic can be conceived as a ‘wicked’ problem in a ‘volatile, uncertain, complex, and ambiguous’ world, and implications for leaders and citizens in managing COVID are suggested. (shrink)

“Meta-argument allegations” consist of protestations that an interlocutor’s speech is wrongfully offensive or will trigger undesirable social consequences. Such protestations are meta-argument in the sense that they do not interrogate the soundness of an opponent’s argumentation, but instead focus on external features of that argument. They are allegations because they imply moral wrongdoing. There is a legitimate place for meta-argument allegations, and the moral and epistemic goods that can come from them will be front of mind for those levelling such (...) allegations. But I argue there is a dark side to such allegations, and their epistemic and moral costs must be seriously weighed. Meta-argument allegations have a concerning capacity to derail discussions about important topics, stymieing argumentational interactions and the goods they provide. Such allegations can license efforts to silence, punish and deter—even as they provoke the original speaker to retaliate in kind. Used liberally, such allegations can escalate conflicts, block open-mindedness, and discourage constructive dialogues. In response, I defend “argumentational tolerance”—a principled wariness in employing meta-argument allegations—as a virtue of ethical argument. (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)

This book began as a series of professional development sessions held in 2014 for the faculty and staff at the Broome Campus of the University of Notre Dame Australia. Those sessions were given in response to concerns that included: questions about the identity of a Catholic University, the relationship between the Church and Aboriginal people, the place of social justice in a Catholic university, the Catholic Intellectual Tradition, the constitution of the University’s faculty and staff as well as issues of (...) academic freedom. Those concerns made it clear that members of the University community and key stakeholders needed clarification about the mission and nature of a Catholic university, especially one that has a unique campus such as University of Notre Dame’s Broome campus and which has a mandated mission of outreach to Aboriginal people. Since then, and with the encouragement of colleagues both from the Broome campus and Notre Dame’s other campuses, I have refined those presentations and augmented them with other material in order to present this book, which is a series of essays that focus on the common theme of, “A Catholic University in the Kimberley.” Because each essay is mostly independent, some material may be repeated, though this repetition will occur in different contexts and with different emphases. The intention of this book is to provide a series of research papers that will serve as resources for faculty, students and other stakeholders. It is my intention to help key parties to articulate the intellectual tradition that grounds the University, the relationship between the Church and Aboriginal culture, the nature and constitution of the faculty and to outline the theological and social teaching issues that affect the mission of the University. While some of the material in the book may not be entirely new, it is presented in what I trust is a fresh and new perspective, from the Catholic Intellectual Tradition and from theology, that can answer questions of the “why” and “how” of a Catholic University in the Kimberley. (shrink)

The relation between art and law is not limited to the scope of censorship or constitutional protection of works of art. The endless tension between State censorship and freedom of expression, even if it highlights the justifiable need to secure the autonomy of art vis-à-vis law, leads us to ignore the common philosophical matrix of the two normative phenomena. The article aims at illuminating the ontological, aesthetic and political parameters of the production of art/law, through the analysis of two important (...) films, Prova d’Orchestra by Federico Fellini and Blow Up by Michelangelo Antonioni. (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)

This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions simultaneously enhancing a rapprochement (...) among cosmopolitan and communitarian discourses of international politics facilitated through an institutional design guided by the morality of natural law. (shrink)

Phillips suggests ways to reaffirm the rule of law and the commitment to social justice and to build such values into Western foreign policy, rather than use them as public relations tinsel.