The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence is the possibility (...) of formulating a comprehensive theory of application of law, well established in the ontology of the recipient of the legal text. It should be emphasised that the resulting benefits, outlined in the article become particularly noticeable when set against the background of the methodological weaknesses of legal positivism, concerning both the interpretation of law and a syllogistic model of its application. (shrink)

Introduction to ERRS 2019 10 2 “Practical Wisdom”.

The empirical basis for this article is threeyears of experience with ethical rounds atUppsala University Hospital. Three standardapproaches of ethical reasoning are examined aspotential explanations of what actually occursduring the ethical rounds. For reasons given,these are not found to be satisfyingexplanations. An approach called ``imaginativeethics'', is suggested as a more satisfactoryaccount of this kind of ethical reasoning. Theparticipants in the ethical rounds seem to drawon a kind of moral competence based on personallife experience and professional competence andexperience. By listening to (...) other perspectivesand other experiences related to one particularpatient story, the participants imaginealternative horizons of moral experience andexplore a multitude of values related toclinical practice that might be at stake. Inhis systematic treatment of aesthetics in theCritique of Judgement, Kant made use ofan operation of thought that, if applied toethics, will enable us to be more sensitive tothe particulars of each moral situation. Basedon this reading of Kant, an account ofimaginative ethics is developed in order tobring the ethical praxis of doctors and nursesinto sharper relief. The Hebraic and theHellenic traditions of imagination are used inorder to illuminate some of the experiences ofethical rounds. In conclusion, it is arguedthat imaginative ethics and principle-basedethics should be seen as complementary in orderto endow a moral discourse with ethicalauthority. Kantian ethics will do the job if itis remembered that Kant suggested only amodest, negative role of principle-baseddeliberation. (shrink)

With the advanced methods of analysing old biological material, it is pressing to discuss what should be allowed to be done with human remains, particularly for well documented historical individuals. We argue that Queen Christina of Sweden, who challenged the traditional gender roles, has an interest in maintaining her privacy when there are continued attempts to reveal her ‘true’ gender. In the long-running philosophical debate on posthumous wronging, the fundamental question is: Who is wronged? Our aim is to find this (...) ‘missing subject’ using narrative theory.Narrative identity emphasises the fact that no person is alone in knowing or telling their life story. People’s lives are entangled and parts of the life story of a deceased person can remain in the living realm. Since the narrative identity of a person does not necessarily end upon their death, and this narrative continues to relate directly to the person who once existed, it is the narrative subject that can continue to be posthumously wronged. Queen Christina can no longer maintain her own identity, but we maintain it by our research into her life. We propose three duties relevant for posthumous wronging: the duty of truthfulness, the duty of recognition and the duty to respect privacy. (shrink)

This article engages the considerations of imagination in Kierkegaard and Ricoeur to argue for a moral dimension of the imagination and its objects. Imaginary objects are taken to be mental representations in images and narratives of people or courses of action that are not real in the sense that they are not actual, or have not yet happened. Three claims are made in the article. First, by drawing on the category of possibility, a conceptual distinction is established between imagination and (...) fantasy, (1) I claim that imagination has a moral dimension because it is engaged in considering real-life possibilities. Second, (2) drawing on Kierkegaard and Ricoeur, it is argued that mental representations of selfhood in imagination have a moral dimension because they essentially allow people to understand the development of agency in human selfhood by means of representations of would-be selves and narrative figurations of the self. Third, (3) mental representations of human selves have a moral dimension because they form important points of reference for moral orientations in the field of human praxis (moral pointers). (shrink)

Indagando a possibilidade e o sentido de uma poética do eu, será nosso objetivo clarificar, a partir do contributo incontornável do filósofo francês Paul Ricœur, de que forma o texto poéticose assume como uma mediação fundamental da compreensãodo si, bem como da sua configuração e refiguração enquanto um si mesmo. Neste sentido, atentaremos especialmente nas obras Temps et Récit (1983‑85) e Soi-Même Comme un Autre (1990), fulcrais para entendermos a relação que o filósofo tece entre narrativa, tempo e identidade, mais (...) especificamente a importância da mediação narrativa para a superação das apo‑rias ligadas às experiências humanas da temporalidade e da construção identitária. Gravitaremos, neste contexto, em torno da noção seminal de identidade narrativa –enquanto ponto de mediação entre uma identidade idem e uma identidade ipse. (shrink)

Religious identity has, in recent times, become an important point of inquiry because of the growing awareness of religious diversity. On the one hand, this reality of diversity has served as an impetus to return to the roots of one’s religion. On the other hand, others have called for a more pluralist stance, out of the need to open up to other traditions. In light of this polarity, I argue that one can commit to one’s religion while opening up to (...) the religious other in a way that does not threaten one’s own tradition. This is done through a hermeneutic analysis of the religious identity, taking off from Paul Ricoeur’s phenomenological hermeneutics – how this identity is formed and informed by the different significations of meaning within the tradition, and how the believer interacts with this tradition to construct his or her own narrative identity, through his or her imagination, mapping out the constellations of possible human action that root themselves in the necessity in encountering and working with the religious other, for this necessity is constitutive of one’s commitment to the tradition, embodied in the biblical narratives that call for this encounter. In sum, it is possible to be committed to one’s faith conviction while being hospitable to the religious other because it is constitutive of religion itself to encounter its other, and it is in this encounter that faith is truly understood as conviction. (shrink)