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Switch to: References
Citations of:
Aquinas: Moral, Political, and Legal Theory
Philosophical Review 110 (1):129 (2001)
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A few months ago, I was busy scrolling through one of my favorite automotive Web sites, reading about a concept carintroduced at an international auto show, when a hyperlink embedded in the text of... |
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This paper argues that the positive allocative decisions paradigmatically carried out by the application of legal rules are a necessary condition for arguments about particular justice (i.e., distributive and commutative justice) to make sense. If one shifts the focus from the distinction between distributive and commutative justice to what the two aspects of particular justice are for, namely, providing criteria to judge the allocation of goods, it becomes clear that the distinction is conceptually unstable. The paper argues that stabilizing the (...) |
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We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because of their (...) |
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ABSTRACT This article traces the considerable development of a language of representation derived from Cicero's De officiis from late antiquity into early modern scholastic political thought. Cicero turned to the term persona, which signified the mask worn by actors of ancient theatre, to describe the particular duty of a magistrate who was understood ‘to bear the person of the city [se gerere personam civitatis]’. Thomas Hobbes's reliance on this terminology for his theory of the state in Leviathan is well known, (...) |
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Cultural diversity is an inescapable reality and a concern in many businesses where it can often raise ethical questions and dilemmas. This paper aims to offer suggestions to certain problems facing managers in dealing with cultural diversity through the inspiration of Thomas Aquinas. Although he may be perceived as a voice from the distant past, we can still find in his writings helpful and original ideas and criteria. He welcomes cultural differences as a part of the perfection of the universe. (...) |
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In this paper, I argue for Fit, a prudential version of the claim that attitudes must fit their objects, the claim that there is an extra benefit when one's reactions fit their objects. I argue that Fit has surprising and powerful consequences for theories of well-being. Classic versions of the objective list theory, hedonism, desire views, and loving-the-good theories do not accommodate Fit. Suitable modifications change some of the views substantially. Modified views give reactions a robust role as sources of (...) |
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In a modern pluralist society, the idea of liberal legitimacy as proposed by John Rawls offers a promising foundation for the further historic advancement of democracy. However, liberal legitimacy still seems to lack one key element—a unique type of respect at its foundations—without which such democratic advancement may not be achieved. Nor, on closer inspection, could the idea of liberal legitimacy succeed without this particular type of respect. When further refined at its foundation, arguably liberal legitimacy could open doors to (...) |
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This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) |
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In July 2019, Secretary of State Mike Pompeo launched a Commission on Unalienable Rights, charged with a reexamination of the scope and nature of human rights–based claims. From his statements, it seems that Pompeo hopes the commission will substantiate—by appeal to the U.S. Declaration of Independence and to natural law theory—three key conservative ideas: (1) that there is too much human rights proliferation, and once we get things right, social and economic rights as well as gender emancipation and reproductive rights (...) |
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One form of scepticism about the possibility ofmoral theorydoes not deny that there is something describable as ‘the conduct of life’, but it argues that there is no special ethical account to be given of this since conduct has no identifiablymoraldimension. Here I explore the possibility that the problem of identifying distinctively moral aspects of action is explained by the thesis that the moral is ubiquitous; thateveryhuman actionis– not ‘may be’ – morally significant. To say, however, that morality is all (...) |
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I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...) |
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James Turner Johnson is the foremost scholar of the just war tradition working today. His treatment of the historical development of the just war tradition has been hugely important, influencing a generation of theorists. Despite this, Johnson's work has not generated much in the way of critical commentary or analysis. This paper aims to rectify this oversight. Engaging in a close and critical reading of Johnson's work, it claims that his historical reconstruction of the just war tradition is bounded by (...) |
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Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) |
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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 (...) |
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ABSTRACTThis article assesses whether the contemporary consensus of just war thinking to allow only for defence as just cause for war between states should also be applied to the practice of target... |
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Abstract. We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because of (...) |
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The present paper probes the relation between the metaphysics of human freedom and the Rothbardian branch of Austrian economics. It transpires that Rothbard and his followers embrace metaphysical libertarianism, which holds that free will is incompatible with determinism and that the thesis of determinism is false as pertaining to human action. However, as we demonstrate, their economics with its reliance on value scales requires for its tenability compatibilist freedom. Moreover, we attempt to show that the notion of value scales (or (...) |
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Business Ethics: A European Review, EarlyView. |
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Recent decades have seen a shift away from the traditional view that Aquinas's theory of the natural law is meant to supply us with normative guidance grounded in a substantive theory of human nature. In the present essay, I argue that this is a mistake. Expanding on the suggestions of Jean Porter and Ralph McInerny, I defend a derivationist reading of ST I-II, Q. 94, A. 2 according to which Aquinas takes our knowledge of the genuine goods of human life (...) |
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This article explores Aquinas’ views on property in the context of the revival of interest in Thomistic property thinking in the ‘human flourishing’ perspective on property. It highlights a broad coherence with the aims of human flourishing property theory, and progressive property theory more generally. At the same time, it argues that where property theorists use Aquinas’ views as direct authority for arguments concerning current property dilemmas, complex interpretative issues arise, which cast into sharp relief foundational questions concerning the balance (...) |
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