Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but (...) hints at a subjectivist view of them. In the psychology and sociology of drug use, ethically thin concepts of "harm minimisation" and "selfimage" dominate discussion and distract attention from the virtue of temperance and the training of character. A more forceful assertion of an ethics based on the worth of persons in these cases would be most desirable. Arguments against objectivity in the fundamentals may be replied to by examining the parallel between ethics and the discipline whose objectivity has been least challenged by relativist arguments, mathematics. (shrink)

As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of (...) just why we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ‘it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)

Extended review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach by Craig Paterson. Ashgate, 2008.

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs (...) shift and change. In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical (...) framework. And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines (...) natural law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of (...) natural law, ultimately giving rise to the Aristotelian "mixed form of government" and laying the groundwork for republicanism. In extending this inquiry, I attempt to identify a parallel argument in ancient Iran, investigating the presence of natural law and its impact on the political landscape. The concept of natural law, emphasizing the alignment of social and political affairs with nature's rules, played a significant role in shaping the Indo-Iranian communities. The Sanskrit term rta and its Avestan equivalent, Aša, denote this foundational concept. However, the ascendancy of Zoroastrianism and its new theology led to the consolidation of all Indo-Iranian gods into the singular omnipotent deity, Ahura Mazdā. Ahura Mazdā, along with its prophet Zaraθuštra, possessed the authority to govern both earthly life and the afterlife. The exclusive attributes of Ahu and Ratu empowered God and its messenger to formulate and enact laws ensuring a place in heaven. Consequently, Divine Law and positive law became intricately intertwined within a unified legal framework. This divine law, sanctioned by God and enforced by the King, diverges from the Greek perspective, particularly that of Aristotle, where tyranny is seen as a deviation from the ideal political order. In the Iranian context, tyranny is synonymous with God's representation, sharing the holiness and regal attributes of a King, who, in the Iranian and Avestan sense, enjoys God's blessing as Xvarənah or Faer-e Izadi. The intertwining of law and authority of the King precludes the possibility of an independent legal sovereignty apart from the King’s authority. The monotheistic tenets of Zaraθuštra’s religion, officially established in the 4th century AD as the Religion of the State, solidify this integrated system. Consequently, the coexistence of republicanism or any mixed form of government within Iran becomes unattainable under the influence of this monotheistic doctrine. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises (...) of Old Natural Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

Tyranny, in western political philosophy, is the primary subject of inquiry. Western political philosophy developed remedies for the evil of tyranny because it is considered unnatural. By the time of John Locke, there was a consensus developed in Europe that living under tyranny is the same as living in the state of nature. The natural law theory lays the foundation for law, such as positive law, under the premise that no law can violate natural law. This dictum laid (...) the foundation for republicanism in the West to counterbalance tyranny. The mechanism for such endeavor is the separation of law from authority to the degree that law is above the authority. My research is to trace the similar thought, if any, in the Iranian context beginning with its ancient time. (shrink)

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a (...) prima facie case for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a (...) fresh start in natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...) doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact (...) and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (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)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

This chapter focuses on the appetite for self-preservation and its central role in Francis Bacon’s natural philosophy. In the first part, I introduce Bacon’s classification of universal appetites, showing the correspondences between natural and moral philosophy. I then examine the role that appetites play in his theory of motions and, additionally, the various meanings accorded to preservation in this context. I also discuss some of the sources underlying Bacon’s ideas, for his views about preservation reveal traces of Stoicism, (...) Telesian natural philosophy, the natural law tradition, as well as late-scholastic ideas. Bacon assumes the existence of two kinds of preservation: self-preservation and preservation of the whole. The appetite through which the whole preserves itself overpowers individual appetites for self-preservation. In Bacon’s theory of motions, the primacy of global preservation – that is, the preservation of the whole – is evidenced by the way matter resists being annihilated, while self-preservation at a local and particular level is revealed through other kinds of motion. Bacon’s notion of appetite reflects a specific metaphysics of matter and motion, in which the preservation of natural bodies follows teleological patterns shared by both nature and humanity: the preservation of the whole is the highest goal, both in moral and natural philosophy. In this chapter, I argue that in Bacon’s natural philosophy different kind of things, including nature and humans, are ruled by patterns that are constitutive of correlated orders, neither of which is reducible to the other: there is no priority of the natural order over the moral, or vice versa. Thus, at a more general level, both are expressions of the same type of divinely imposed, law-like behaviour. (shrink)

Morality can be adaptive or maladaptive. From this fact come polarizing disputes on the meta-ethical status of moral adaptation. The realist tracking account of morality claims that it is possible to track objective moral truths and that these truths correspond to moral rules that are adaptive. In contrast, evolutionary anti-realism rejects the existence of moral objectivity and thus asserts that adaptive moral rules cannot represent objective moral truths, since those truths do not exist. This article develops a novel evolutionary view (...) of natural law to defend the realist tracking account. It argues that we can identify objective moral truths through cultural group selection and that adaptive moral rules are likely to reflect such truths. (shrink)

Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of (...) Ethics) attack against the natural law as committing a "naturalistic fallacy". This article proves that instead Moore commits the fallacy of equivocation between moral goodness and transcendental goodness in his very assertion of a "naturalistic fallacy" by the proponents of the natural moral law. In the process the new deontological/kantian theory of natural law as articulated by John Finnis, Robert George, and Germain Grisez is false historically and philosophically. Ethical naturalism is affirmed as a result. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between (...) law and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

In the first part of this paper, I try to clear the ground from frequent misconceptions about the relationship between fact and value by examining some uses of the adjective “natural” in ethical controversies. Such uses bear evidence to our “natural” tendency to regard nature (considered in a descriptive sense, as the complex of physical and biological regularities) as the source of ethical norms. I then try to account for the origin of this tendency by offering three related (...) explanations, the most important of which regards it as the outcome of an adaptation: if any behaviour that favours our equilibrium with the environment is potentially adaptive, nothing can be more effective for this goal than developing an attitude toward the natural world that regards it as a dispenser of sacred norms that must be invariably respected. By referring to the Aristotelian notion of human flourishing illustrated in the first part of the paper, in the second I discuss some ethical problems raised by mini-chips implantable under in our bodies. I conclude by defending the potential beneficial effects of such new technological instruments. (shrink)

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two (...) concepts, another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

The teaching of the Aquinas Academy in its first thirty years was based on the scholastic philosophy of Thomas Aquinas, then regarded as the official philosophy of the Catholic Church. That philosophy has not been so much heard of in the last thirty years, but it has a strong presence below the surface. Its natural law theory of ethics, especially, still informs Vatican pronouncements on moral topics such as contraception and euthanasia. It has also been important in Australia (...) in the High Court’s deliberations on the Mabo case. It is argued that some officially-sanctioned deductions on particular cases have not been correct, but that any attempt to do without a natural law foundation of ethics would throw out the baby with the bathwater. The sense of the basic objective worth of persons that is the centre of natural law ethics is essential to any ethics better than a simple “might is right” approach. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at (...) best, we should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I (...) think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

This essay offers a revisionist defense of classical utilitarianism from an infamous objection to it, which is derived from American science fiction writer, Ursula Le Guin’s, short story, “The Ones Who Walk Away from Omelas.” To that effect, the reply takes inspiration from Le Guin and John Stuart Mill in appealing to the natural law theoretical concept of conscience. I argue that a conscientious utilitarian ethic can escape Le Guin’s objection more satisfactorily than other popular utilitarian ethics. Along (...) the way, this essay discusses at length conscience and its place in moral epistemology, both as it occurs in the natural law tradition and in Mill. The natural law account of conscience is defended and Mill’s account is critiqued. Consequently, this paper also provides an interesting synthesis of utilitarianism with natural law ethics. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal statements (...) theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) which (...) emphasises the place which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

"Ethical Explorations: Moral Dilemmas in a Universe of Possibilities" by Brendan Shea is an open access textbook that provides a comprehensive study of ethical philosophy. Shea makes it his task to chart the sprawling landscape of moral thought from ancient times to the present, employing a straightforward, easily accessible style. -/- In the book, each chapter addresses a distinct ethical theory. Shea discusses everything from Plato's allegorical Cave to contemporary issues in bioethics. The text features relatable narratives, clear explanations of (...) core concepts, thought-provoking questions, and handy glossaries to help readers grasp the subject matter. -/- Among the topics, you'll find the principles of utilitarianism through the adventures of a princess, an exploration of duty via a story about a golem, and a look at natural law theory through an engaging science-fiction tale. Contemporary themes also make an appearance, including discussions on Marxism, Nietzsche's radical ideas, Simone de Beauvoir's intersection of feminism and existentialism, and racial theories from W.E.B. Du Bois and Martin Luther King. -/- As an open access (CC-BY) textbook, "Ethical Explorations" is freely available to everyone, making the study of moral philosophy accessible to all. It's a tool that gives its readers the means to wrestle with ethical questions in an ever-changing world. (shrink)

Both Heraclitus and Democritus, as the philosophers of historia peri phuseôs, consider nature and human character, habit, law and soul as interrelated emphasizing the links between phusis, kinesis, ethos, logos, kresis, nomos and daimon. On the one hand, Heraclitus’s principle of change (panta rhei) and his emphasis on the element of fire and cosmic motion ultimately dominate his ethics reinforcing his ideas of change, moderation, balance and justice, on the other, Democritus’s atomist description of phusis and motion underlies his (...) principle of moderation and his ideas of health and measured life. In this series, particularly referring to the main principles of motion, moderation and justice, I attempt to describe a coherent pre-Socratic ethical perspective based on the Heraclitean and Democritean fragments. I explore the connections between their physics and ethics also borrowing from Nietzsche’s lectures and writings on the Pre-Socratics. I redefine such Heraclitean and Democritean concepts as harmony, order, perfection, health, self-control, contentment, cheerfulness, concord, sound judgment, wisdom, measure and balance and discuss them under the principles of motion (phusis), moderation (sophrosyne) and justice. In doing so, I also expose the relevance of the Heraclitean notion of logos (interpreting it as the underlying categorical principle of transition between phusis and ethos) in bringing together these ideas and principles. Finally, based on this pre-Socratic Weltanschauung, I assess the possibility of a coherent picture of humanity, its nature and conduct as extending from or fitting into or extending-from-when-fitting-into the cosmos of moving forces and atoms. (shrink)

This chapter asks two questions about the ethics of expectations: one about the nature of expectations, and one about the wrongs of expectations. On the first question, expectations involve a rich constellation of attitudes ranging from beliefs to also include imaginings, hopes, fears, and dreams. As a result, sometimes expectations act like predictions, like your expectation of rain tomorrow, sometimes prescriptions, like the expectation that your students will do the reading, sometimes like proleptic reasons like the hope that your (...) mentee will flourish, and sometimes expectations are peremptory in that they carry the force of moral law. Turning to the second question, given the multiple roles played by expectations it shouldn’t be surprising that there are also multiple ways expectations can be wrong to hold. Sometimes they wrong as beliefs do, e.g., doxastic wronging, and sometimes they result in alienation because of who holds that expectation of us. The upshot of this chapter is that getting clear on these potential ways expectations can wrong not only delivers an ethics of expectations that mirrors familiar discussions of the ethics of belief, but an ethics of expectations further opens the door for taking seriously an ethics of mental attitudes more generally. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

Compartmentalizing our distinct personal identities is increasingly difficult in big data reality. Pictures of the person we were on past vacations resurface in employers’ Google searches; LinkedIn which exhibits our income level is increasingly used as a dating web site. Whether on vacation, at work, or seeking romance, our digital selves stream together. One result is that a perennial ethical question about personal identity has spilled out of philosophy departments and into the real world. Ought we possess one, unified identity (...) that coherently integrates the various aspects of our lives, or, incarnate deeply distinct selves suited to different occasions and contexts? At bottom, are we one, or many? The question is not only palpable today, but also urgent because if a decision is not made by us, the forces of big data and surveillance capitalism will make it for us by compelling unity. Speaking in favor of the big data tendency, Facebook’s Mark Zuckerberg promotes the ethics of an integrated identity, a single version of selfhood maintained across diverse contexts and human relationships. This essay goes in the other direction by sketching two ethical frameworks arranged to defend our compartmentalized identities, which amounts to promoting the dis-integration of our selves. One framework connects with natural law, the other with language, and both aim to create a sense of selfhood that breaks away from its own past, and from the unifying powers of big data technology. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order (...) which often can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a (...) basis for Kant’s lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

This paper concerns an ethics of our medieval tradition (in particular good, happiness, natural law and virtue) and tries to show how to recover it, facing the problems of pluralism, freedom and scientific approach in modern and contemporary age. The author points out: - The central role of the desire for good and happiness and for goods adequate or inadequate to the openness of desire (particularly of the human person). Today we speak of the meaning of life. - (...) The role of ethical virtues as the flowering of the first principles of natural law. - The principle of the entirety of the good (bonum ex integra causa) in order to judge the moral goodness of an action and as a criterion to compare different ethics in a pluralistic world. This is to distinguish between different levels of the human and moral good. - The principles of natural law as a result of the encounter between certain inclinations and practical rationality that recognizes them as normative. Nature and natural law are the conditions of freedom, not primarily a limit to it. - Now we must increase the role of freedom of choice – which is based on rationality – and the virtues as a way to freedom. It is essential to emphasize the value of personal risk and the fact that evil can serve the good. In general the author tries to face the challenges of deontology, utilitarianism and contemporary virtue ethics. -/- . (shrink)

According to John Locke, the conditions of human happiness establish the content of natural law, but God’s commands make it morally binding. This raises two questions. First, why does moral obligation require an authority figure? Second, what gives God authority? I argue that, according to Locke, moral obligation requires an authority figure because to have an obligation is to be accountable to someone. I then argue that, according to Locke, God has a kind of parental authority inasmuch as he (...) is bound by covenant to guide us by revealing the content of the moral law. (shrink)

The article concerns the relationship between Aquinas' ethics and contemporary Virtue Ethics.

RESUMO:O objetivo deste artigo é discutir sobre os conceitos de obrigação e lei natural, tendo como referência o polêmico debate moderno envolvendo intelectualismo e voluntarismo. Em um primeiro momento, destacaremos a rejeição de Wolff ao voluntarismo de Pufendorf e sua orientação em direção ao intelectualismo de Leibniz. Conforme essa nova orientação, uma teoria da lei natural não deve basear seu conceito de obrigação na autoridade das leis e em seu poder coercitivo, mas, por outro lado, unicamente na ideia (...) de necessidade moral, interpretada como expressão da ligação natural universal dos seres racionais com o dever. Em um segundo momento, apresentaremos os efeitos dessa discussão no pensamento inicial de Kant, que, se posicionando diante mesmo de Wolff e Baumgarten, vai empreender a superação de seus predecessores, através de uma revisão conceitual do problema, a qual culminará nos pressupostos de sua doutrina ética madura. -/- ABSTRACT:This paper highlights the debate around the concepts of obligationand natural law, with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws and in their coercive power, but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics -/- This paper highlights the debate around the concepts of obligation and natural law , with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws (established as an arbitrary decree of God) and in their coercive power (interpreted as fear of punishment), but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics. (shrink)

In many countries, the COVID‐19 pandemic varied starkly between different racial and ethnic groups. Before vaccines were approved, some considered assigning priority access to worse‐hit racial groups. That debate can inform rationing in future pandemics and in some of the many areas outside COVID‐19 that admit of racial health disparities. However, concerns were raised that “race‐responsive” prioritizations would be ruled unlawful for allegedly constituting wrongful discrimination. This legal argument relies on an understanding of discrimination law as demanding color‐blindness. We argue (...) that a, color‐blind understanding of discrimination would be hostile only to one of two rationales for prioritizing the relevant racial minorities in settings of racial health disparities. We also propose a method for incorporating appropriate race‐responsive concerns that is in many ways ethically and legally superior to ones suggested thus far. That method turns artificial intelligence, thanks precisely to its artificial and “black box” nature (features that underlie recent concerns about artificial intelligence's discriminatory potential), into an instrument of social justice. (shrink)

On the basis of the problem of the possible compulsory nature of vaccines against Covid-19, this paper considers the sources that allow us to justify the imposition of collective measures. The social contract theory provides a rational basis for the universality of ethical and natural law obligations, including conditional respect for a protected domain of individual physical and moral integrity. However, the practical application of the covenant is subject to the uncertainty of what effective consequences the policies have. Ethical (...) principles show the problem of application in the environment of epistemological uncertainty. Only in a free society, with free scrutiny and deliberation, can justified knowledge be achieved that allows social measures to be agreed upon. The characteristics of the case that is the subject of this article lead to the conclusion that Covid-19 vaccines are not ethically obligatory, universally, but they can generate reasoned health measures, promotion, and limitations, based on proven positive effects, as a technical matter. (shrink)

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between (...) natural prop-erties and laws of nature. (shrink)

I argue that the difference between the 17th century new moral science and Scholastic Natural Law Theory derived primarily from the skeptical challenge the former had to face. Pufendorf's project of a 'scientia practica universalis' was the paramount expression of an anti-skeptical moral science, a «science» both explanatory and normative, but also anti-dogmatic in so far as it tried to base its laws on those basic phenomena of human life that supposedly were outside the scope of skeptical doubt. Of (...) the Scholastic legacy to the new moral science, a dichotomy between an «intellettualistic» and a «voluntaristic» view of natural law (or between lex immanens and lex imposita). Voluntarism lays at the root both of theological views such as those of Calvinism and of political views such as those of Hobbes and Locke. A need to counterbalance undesirable implications of estreme voluntarism may account for much of 17th and 18th centuries developments in ethics and politics. Scottish natural jurisprudence, an expression of such quest for a third way between scepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits of. One of its side-effects, namely a systematic, self-contained, and empirical economic theory, results from the search for a normative theory of social life on an empirical basis. The main tool for building such a theory, namely a view of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as «imposed» law. Subsequent discussions of social issues based on the opposition of economic and ethical reasons originated partly from gross misreading of the Scottish natural jurisprudential framework for economic theory. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)