Recent divine command theorists make a serious and impressive case that a sophisticated divine command theory has significant metaethical advantages and can adequately meet traditional objections, such as the Euthyphro problem. I survey the attempt sympathetically with a view to explaining how the divine command theory can deal with traditional objections while delivering on metaethical desiderata, such as providing an account of ethical objectivity. I argue, however, that to the extent that a divine command (...) theory succeeds, an ideal observer theory can do equally well. Once the divine command theory is rendered immune to Euthyphro-related objections, we will have all the machinery needed to show that an ideal observer theory can provide the same metaethical advantages, without supposing the existence of a divine commander. Other things being equal, ontological simplicity favors the ideal observer theory. (shrink)

I reply to criticisms of the divine command theory with an eye to noting the relation of ethics to an ontological ground. The criticisms include: the theory makes the standard of right and wrong arbitrary, it traps the defender of the theory in a vicious circle, it violates moral autonomy, it is a relic of our early deontological state of moral development. I then suggest how Henry Veatch's view of good as an ontological feature of the (...) world provides a context in which the divine command theory can be reasonably justified. (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)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...) that Ash‘arism may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

In this chapter, I discuss Locke’s contributions to moral psychology. I begin by examining how we acquire moral ideas, according to Locke. Next, I ask what explains why we act morally. I address this question by showing how Locke reconciles hedonist views concerning moral motivation with his commitment to divine law theory. Then I turn to Shaftesbury’s criticism that Locke’s moral view is a self-interested moral theory that undermines virtue. In response to the criticism I draw attention (...) to Locke’s Christian conception of virtue. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first (...) two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

This article argues that Clauberg defends the theory of concurrentism concerning the relationship between divine and secondary causality. It does so by examining Clauberg's theory of corporeal causation in light of his doctrines of cause in general and of corporeal substance. Clauberg's work represents one of the first attempts to reconcile Cartesian physics with the traditional doctrine in theology, according to which both God and created substances are true and immediate causes of all natural effects, in opposition (...) to the occasionalist trend which would soon develop in the Cartesian school as well as to the conservationist alternative of Durand de Saint-Pourçain. -/- Cet article soutient que Clauberg défend la théorie du concurrentisme sur la relation entre la causalité divine et la causalité seconde. Il le fait en examinant la théorie de la causalité corporelle de Clauberg à la lumière de ses doctrines de la cause en général et de la substance corporelle. L'œuvre de Clauberg représente l’une des premières tentatives de réconcilier la physique cartésienne avec la doctrine théologique traditionelle, selon laquelle Dieu et les substances créées sont des causes vrais et immédiates de tout effet naturel, en opposition au courant occasionnaliste qui se développera bientôt dans l'école cartésienne ainsi qu'à l'alternative conservationniste de Durand de Saint-Pourçain. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...) speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

The article talks about the emergence of the theory of imperialism and neocolonialism, the reasons that gave rise to it, and its effects on the development of humanity in the current period. Imperialism is a multifaceted, multidimensional problem. It is a political issue, it has philosophical, scientific and technological foundations, it has economic, sociological, geographical, ethnic, religious and educational dimensions. But the fact that it is primarily a human problem makes it a multifaceted problem. Surely we can increase these (...) reasons. But no matter how much we multiply, colonization of one society by another society, confiscation of its wealth, enslavement and cultural separation is the most visible form of this. But this experience is not unprecedented in human history. Because human history has been a kind of exploitation, enslavement and attempts to create superiority. As Camus said, "Man emerges as the most dangerous being for his species". Attitudes to imperialism may vary between tribal and celestial cultures. After all, the culture of heaven is a culture cultivated by divine teaching. Exploitation and slavery are the dominant attitudes of tribal cultures. In these cultures, the relationship between man and man is based on power, wealth and nobility. In celestial cultures, the relationship between man and man was determined by nomos, divine laws. Heavenly culture is the product of a will that emerges for "good will" to prevail. It should be known that colonialism is a tribal behavior wherever and whenever it occurs. Because they do not see other societies as equal to themselves, it is a desire to dominate, exploit and enslave those who are not like themselves. From this perspective, colonialism can be seen as one of the oldest forms of behavior in history. This situation appears as the victory of the strong over the weak. Since transcendental attachment does not occur, they are in a position to absolutize their self. As a result, they see themselves as masters to be served, they see in themselves the right to such an inclination. It can be misleading to associate the colonial movement with human nature. It is more about the degradation and degeneration of human nature, it is about self-cultivation. It is a matter of outlook. The heavenly cultures, where the powerless were protected and spared, showed themselves not in a colonial style, but in a protective and compassionate way. We can see this patronizing relationship in the states established within the celestial cultures. (shrink)

Renaissance philosopher, mathematician, and theologian Nicholas of Cusa (1401-1464) said that there is no proportion between the finite mind and the infinite. He is fond of saying reason cannot fully comprehend the infinite. That our best hope for attaining a vision and understanding of infinite things is by mathematics and by the use of contemplating symbols, which help us grasp "the absolute infinite". By the late 19th century, there is a decisive intervention in mathematics and its philosophy: the philosophical mathematician (...) Georg Cantor (1845-1918) says that between the realm of the finite and the absolute infinite, there is an intermediate realm partaking in properties in a certain sense of both the finite and the infinite: the transfinite realm. Like the finite, the transfinite realm is a realm of mathematical objects, numbers, and knowledge. Like the absolute infinite, the transfinite is a form of infinity insofar as transfinite sets and numbers transcend any finite number. Echoing Cusanus and neo-Platonism, Cantor says that the transfinite sequence of all ordinals is a symbol of the absolutely infinite, that is, God. Moreover, Cantor envisioned his transfinite set theory (Mengenlehre) as providing the analytical methods and techniques necessary for a comprehensive, organic, non-reductive description of nature, a Naturphilosophie. Thus Cantor’s novel mathematics is presented as part of a long tradition, to which Cusanus, Bruno, Spinoza, Leibniz and others belong, in which the infinity and infinite character of organic life forms is appreciated, and is in some sense a mirror or symbol of the divine. The doctrine of symbolism and their different approach to the laws of logic present in both the work of Cusanus and Cantor enables these thinkers to articulate a transcendental apophatic approach to divinity. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We (...) need to reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

In this paper I argue that, although Kant argues that morality is independent of God (and hence, agrees with the Euthyphro), and rejects Divine Command Theory (or Theological Voluntarism), he believes that all moral duties are also the commands of God, who is a moral being, and who is morally required to punish those who transgress the moral law: "God’s justice is the precise allocation of punishments and rewards in accordance with men’s good or bad behavior." However, since (...) we lack a strict proof of God's existence, we can still fulfill our duties from the motive of duty. if we did know that God exists, then this would undermine our pure moral motivation to do our duty, since we would have an even stronger interest in pleasing God through our good conduct. The effect of undermining our pure moral motivation would be to make us less eligible for divine reward, since God rewards us for doing our duty from the motive of duty. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule (...) as a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

Revolutionary violence stems from the conatus of survival, from the appetite for life and joy rather than from the desire to destroy and the hubristic pretension to punish. It is an incursion of one's desire to affirm life and annihilate pain. Following Laruelle's methodology of nonstandard philosophy, I conclude that revolutionary violence is the product of an intensive expansion of life. Pure violence, conceived in non-philosophical terms, is a pre-lingual, presubjective force affected by the “lived,; analogous to Badiou's void and (...) it is radically revolutionary. It is fundamentally different from Benjamin's lawmaking “divine violence; and its appropriations by Žižek. Revolutionary experience is inevitably translated into language. What preserves the revolutionary substance in a post-revolution political discourse is that it is constantly checked by the sense of fidelity to the experience of the revolutionary event. Agamben, Benjamin, Schmidt and Žižek are discussed from an essentially non-philosophical stance, informed by Laruelle's theory that has been supplemented in some aspects by Badiou's concept of the pre-lingual event. (shrink)

In this paper, I distinguish four ways to ask the question whether morality must be grounded in God. One asks whether or not God is the ultimate source for moral goodness, values, or standards. A second way asks whether a minimal morality, purified of any explicit reference to God, could not be worked out on bases of common human experience and rational reflection. A third way asks whether some kind of divine revelation is required for morality to be adequately (...) understood or worked out. A fourth way asks whether a person requires practical engagement with God in adequately live out a sufficiently moral life. I then examine Anselm of Canterbury's responses to each of these questions. -/- The first part examines the issue of God as the origin of moral value and standards. The second part shift to a vantage point taking Anselm’s God out of the picture, in order to outline a morality based upon the exercise of a natural human practical rationality. The third and fourth part address what Anselm would see as shortcomings of such an approach to morality. The third part focuses on guidance and assistance Anselm thinks Christianity provides to human reason in developing a more adequate morality. The fourth part looks at the indispensable role Anselm accords to God and to Christianity, understood not only as belief or practice, but as community and experience. (shrink)

Mark Murphy argues that the property identity version of divine command theory, coupled with the doctrine that God has freedom in commanding, violates the supervenience of the moral on the nonmoral. In other words, they permit two situations exactly alike in nonmoral facts to differ in moral facts. I give three arguments to show that a divine command theorist of this sort can consistently affirm moral supervenience. Each argument contends that there are always nonmoral differences between worlds (...) with different divine commands. If there are such nonmoral differences, then there’s no conflict between divine command theory and moral supervenience. (shrink)

I discuss the third of Anscombe’s theses from “Modern Moral Philosophy”, namely that post-Sidgwickian consequentialism makes the worst action acceptable. I scrutinize her comprehension of “consequentialism”, her reconstruction of Sidgwick’s view of intention, her defence of casuistry, her reformulation of the double-effect doctrine, and her view of morality as based on Divine commands. I argue that her characterization of consequentialism suffers from lack of understanding of the history of utilitarianism and its self-transformation through the Intuitionism-Utilitarianism controversy; that she uncritically (...) accepted an impoverished image of Kantian ethics and intuitionism, which was, ironically, an unaware bequest from her consequentialist opponents; that her action theory, yet, is a decisive contribution that may prove useful in formulating answers to questions that have been left open in both utilitarian and Kantian or intuitionist theories; that, to make the best of her actions theory, it is as well to drop her divine law view of ethics, which is incompatible with the former; and that the rather obscure traditional theological doctrine of absolute prohibitions is unnecessary to her project that could fare well with the more sober distinction between perfect and imperfect duties. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Based upon the concept of Law qualified in Monarchia, II.50, Dante was not only a general philosopher (a lover of knowledge) as well as a political disputant in his times, but also his primary contribution (not always obvious) in legal speculation could be demonstrated. In fact, if his thought reflected the platonic ordo sapientiae through a deep intersection between téchne and episteme (phronesis) toward a linguistic koiné, could we say the same thing on his concept of justice as a rational (...) ars boni et aequi? This essay aims to depict Dante as legal theorist of his times and theorist of Justice beyond them, adopting the hermeneutical point of view, not just as an interest into textual interpretation but referring his use of language as form of life and his works an inexhaustible sources of education for legal philosophy. (shrink)

This paper sheds light on Kant’s notion of autonomy in his moral philosophy by considering Kant’s critique of the rationalist theories of morality that Kant discussed in his lectures on practical philosophy from the 1760s to the time of the Groundwork. The paper first explains Kant’s taxonomy of moral theories and his perspective on the history of ethics. Second, it considers Kant's arguments against the two main variants of ‘rationalism’ as he construes it, that is, perfectionism and theological voluntarism, pointing (...) out the similarities to previous criticisms. Third, the paper argues that Kant’s discussion of the 'rationalist' views does not amount to an unqualified dismissal, but to an attempt at working out a novel rationalist position. Kant’s criticisms of rationalist views suggest that his project emerges from the failures of previous rationalism, with the aim to work out a rationalist view that can account for moral obligation by integrating insights from the theological conception. The combination of perfectionism and theological views yields the basic outline of the idea of autonomy, consisting in the lawgiving function of a rational will as a key to the legislation of a necessary law. (shrink)

Jacques Maritain asserted that Aquinas’s explanation of sin’s origin is “one of the most original of his philosophical discoveries.” In this explanation, Aquinas traces the origin of sin back to the will’s defect of failing to consider or use the rule of divine law. To succeed, Aquinas must show how this defect is both voluntarily caused by the agent and non-culpable despite its serving as the origin for sin. (If it were culpable, a non-explanatory regress would ensue.) Aquinas’s “original” (...) solution hinges on his claim that the will is not always morally obligated to consider or use the rule. When Aquinas’s texts are closely examined, it becomes apparent that his explanation admits of two different interpretations. In this paper, both interpretations are scrutinized and found to be problematic. Despite its originality and courage in addressing what many consider inexplicable (namely, sin), Aquinas’s attempt seems not to be a successful discovery. (shrink)

Divine command theories come in several different forms but at their core all of these theories claim that certain moral statuses exist in virtue of the fact that God has commanded them to exist. Several authors argue that this core version of the DCT is vulnerable to an epistemological objection. According to this objection, DCT is deficient because certain groups of moral agents lack epistemic access to God’s commands. But there is confusion as to the precise nature and significance (...) of this objection, and critiques of its key premises. In this article, I try to clear up this confusion and address these critiques. I do so in three ways. First, I offer a simplified general version of the objection. Second, I address the leading criticisms of the premises of this objection, focusing in particular on the role of moral risk/uncertainty in our understanding of God’s commands. And third, I outline four possible interpretations of the argument, each with a differing degree of significance for the proponent of the DCT. (shrink)

Mozi and George Berkeley are philosophers who are not often put into conversation. However, I argue that comparing them can shed some light on the relationship between certain philosophical positions and their resulting moral philosophies. Specifically, I will draw attention to the way that their lack of interest in an appearance-reality distinction and in "essence" gives rise to a tension between consequentialism and divine command theory. These similarities exist despite the fact that Mozi and Berkeley otherwise have quite (...) distinct views. For example, Mozi's dao-centered theoretical orientation leads him to assume that the world simply is as it is given through our senses, whereas Berkeley holds that the world is... (shrink)

: Recently, Erik Wielenberg has developed a novel objection to divine command meta-ethics. The objection that DCM "has the implausible implication that psychopaths have no moral obligations and hence their evil acts, no matter how evil, are morally permissible". This article criticizes Wielenberg's argument. Section 1 will expound Wielenberg's new "psychopath" argument in the context of the recent debate over the Promulgation Objection. Section 2 will discuss two ambiguities in the argument; in particular, Wielenberg’s formulation is ambiguous between whether (...) Wielenberg uses the word "obligation" in an objective or subjective sense. Section 3 will argue that this ambiguity undercuts the argument. If Wielenberg is using the word obligation in a subjective sense, his arguments do not show that that psychopaths "have no moral obligations". By contrast, if Wielenberg is using the word obligation in an objective sense, his arguments do not show that Divine command theorists are committed to denying psychopaths have obligations. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the (...) way for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

While some scholars neglect the theological component to William James’s ethical views in “The Moral Philosopher and the Moral Life,” Michael Cantrell reads it as promoting a divine command theory (DCT) of the foundations of moral obligation. While Cantrell’s interpretation is to be commended for taking God seriously, he goes a little too far in the right direction. Although James’s view amounts to what could be called (and what Cantrell does call) a DCT because on it God’s demands (...) are necessary and sufficient for the highest obligations, this is a view with characteristics unusual for a DCT. It only holds for some obligations; on it moral obligation does not derive from God’s authority; it is not obvious that James believes the God required by it even exists; we do not know what God’s demands are; and, finally, since we do not know them, we cannot act on them. -/- (Lest there be any confusion, the titular phrase "taking God seriously, but not too seriously" describes William James' view of God and morality, not my own view.). (shrink)

Property-identical divine-command theory (PDCT) is the view that being obligatory is identical to being commanded by God in just the way that being water is identical to being H2O. If these identity statements are true, then they express necessary a posteriori truths. PDCT has been defended in Robert M. Adams (1987) and William Alston (1990). More recently Mark C. Murphy (2002) has argued that property-identical divine-command theory is inconsistent with two well-known and well-received theses: the free-command (...) thesis and the supervenience thesis. I show that Murphy's argument is vitiated by mistaken assumptions about the substitutivity of metaphysical identicals in contexts of supervenience. The free-command thesis and the supervenience thesis therefore pose no serious threat to PDCT. (Published Online August 11 2004). (shrink)

Recent defenders of the divine command theory like Adams and Alston have confronted the Euthyphro dilemma by arguing that although God’s commands make right actions right, God is morally perfect and hence would never issue unjust or immoral commandments. On their view, God’s nature is the standard of moral goodness, and God’s commands are the source of all obligation. I argue that this view of divine goodness fails because it strips God’s nature of any features that would (...) make His goodness intelligible. An adequate solution to the Euthyphro dilemma may require that God be constrained by a standard of goodness that is external to Himself -- itself a problematic proposal for many theists. (shrink)

Due to his theory of deontological ethic, Kant is regarded, in the history of philosophy, as one of the cornerstones of ethics, and it is said, as a rule, that he has an original theory of ethics in that he posited the idea of free and autonomous individual. However, when dug deeper into Kant‟s ethics, and also if it is ex-actly compared with theological ethic, it is clearly seen that all he has accomplished was to make a copy (...) of the theological ethic and to use such secular terms as reason, conscience, good will, moral law, categorical imperative, universalizability, summum bonum, ethico-civil state/universal religion of mere reason as a substitute for such key terms of religious ethics as God, prophet, for God‟s sake, the Golden Rule, Divine command, Heaven, Kingdom of God without modifying the wording, content and logic of theolog-ical ethics. So, the notion of a subject or reason which pretends to be God has no sign of originality. (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)

Mental causation, idea that it is us – via our minds – who cause bodily actions is as commonsensical as it is indispensable for our understanding of ourselves as rational agents. Somewhat less uncontroversial, but nonetheless widespread (at least among ordinary people) is the idea that the mind is non-physical, following the intuition that what is physical can neither act nor think nor judge morally. Taken together, and cast into a metaphysical thesis, the two intuitions yield interactive dualism: the view (...) that human persons and their minds are non-physical but can nonetheless interact with their bodies, most notably through their brains. This thesis has two main objectives: first, to defend interactive dualism against objections, and second, to show how it can blend in with a physical world in which laws of nature hold. The first part (chapter 1) consists in a brief motivation of interactive dualism as opposed to non-interactive dualism. I argue that non-interactive, epiphenomenalist dualism sacrifices so many crucial aspects of our human existence that interactive dualism is highly to be preferred to it, barring even stronger counterarguments against the latter. It is those putative counterarguments I address in parts II and III. Part II takes on the philosophical objections from the causal closure of the physical and from causal heterogeneity. The former takes the success of physics and physiology as basis for the doctrine of the causal closure of the physical (CCP). I argue against this that there is not only no convincing argument for CCP, but also that any science-based belief in CCP cannot be epistemically justified. As regards the causal heterogeneity objection, it is ‘weighed and found wanting’, because it relies on unwarranted assumptions about causation. In part III, I examine the objection from energy conservation. It roughly says that if interactive dualism were true, then energy would not be conserved, which physics taught us cannot be the case. My reply is that the underlying conception of energy (and momentum) conservation is wrong-headed and not the one that actual physicists use. Instead of being categorical and global, conservation laws are conditional and local, thereby making natural room for mental interaction. Some dualists, however, have sought to make interactive dualism conservation-friendly, notably by invoking quantum physics; I show that these attempts are unnecessary and create more problems than they solve. Finally, in chapter 9, I turn the tables on non-interactionists by investigating current neurophysiological literature on volitional actions, which, though not addressing the question directly, still encourages the interactive dualist picture more than a non-interactionist one. Part IV is about the interplay between interactive dualism and the laws of nature. The ultimate goal is, if possible, to come up with a theory of the laws of nature that explains the lawlike behavior of nature and at the same time makes room for interaction. I begin by pointing out that the laws of nature are or at least should be what physicalists worry about (chapter 10). I then proceed with a historical survey on the development of the notion of laws of nature (chapter 11) that sheds light on its theistic origin. This is followed by an inquiry into the question how a law of nature could possibly be broken (chapter 12) and a survey of the extant metaphysical theories of the laws of nature with special regard to their receptivity to interaction (chapter 13). Finally, in chapter 14 I develop a theory of the laws of nature both faithful to their divine origin and the possibility of mental interaction: dispositionalist divine decretalism, a synthesis of dispositionalism and Jeffrey Koperski’s divine decretalism. (shrink)

ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea is also (...) found in Copp’s work. The idea is captured by the Functionalist Thesis, the thesis that moral propositions are made true by facts about what, given the nature of human beings and their circumstances, enables people to live together in thriving communities. I argue that Copp can accept Braybrooke’s suggestion and use it to improve his formulation of the basic idea of the society-centered theory. RÉSUMÉ : David Braybrooke soutient que l’idée centrale de la théorie du droit naturel de Thomas d’Aquin a survécu dans les œuvres de Hobbes, Locke, Hume et Rousseau. À mon grand étonnement, Braybrooke soutient aussi que la théorie morale société-centrique de David Copp est une version séculaire de cette même théorie du droit naturel. Braybrooke argumente de façon convaincante que les œuvres de ces grands philosophes partagent une idée centrale relative à la moralité et que cette idée se retrouve aussi chez Copp. Cette idée est la Thèse Fonctionnaliste, c’est-à-dire la thèse selon laquelle les faits moraux sont des faits concernant ce qui rend les membres de la société capables de vivre ensemble dans des communautés florissantes, étant donné la nature des êtres humains et les circonstances de leurs vies. Je soutiens que Copp peut reprendre à son compte les arguments de Braybrooke, et ainsi améliorer la formulation de l’idée centrale de sa théorie société-centrique. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear (...) both (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

This paper examines the relation between Pythagorean and Heraclitean political views. I argue that for Pythagoras, Heraclitus, and Archytas the cosmological and musical notions of harmony (ἁρμονία) and the related notion of concord (ὁμόνοια) have an intrinsic political significance. These thinkers variously reflect upon political harmony and concord, and agree that a crucial condition for it is law (νόμος), which according to Pythagoras and Heraclitus has a divine origin. I begin with the Heraclitean fragments 22 B51, 54, 72, and (...) 114 DK, in which social and political reflection is connected with the theory of the harmony of opposites. In the case of Pythagoras and early Pythagoreanism, the intense, albeit indirect political influence in Magna Graecia—as transmitted by Iamblichus and Porphyry—offers evidence for social and political ideas determined by a reflection on the cosmological role of harmony and number. Finally, Archytas’ political application of rational calculation in fragment 47 B3 DK, which aims at producing concord by establishing the just measures of wealth in the city, together with the testimony on Archytas’ intense and fruitful political activity, can be taken as confirmation that the thinker’s wider cosmological views were indeed intertwined with his political reflection and action. (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)

Catharine Trotter Cockburn challenges voluntarist views held by British moral philosophers during the first half of the eighteenth century. After introducing her metaphysics of morality, namely, her account of human nature, and her account of moral motivation, which for her is a matter concerning the practice of morality, I analyze her arguments against theological voluntarism. I examine, first, how Cockburn rejects the view that God can by an arbitrary act of will change what is good or evil; second, how she (...) challenges views that understand the initial creation of the world solely in terms of divine will and draws attention to the role that the divine understanding plays in God’s creation; and third, how she argues that moral obligation does not require a superior lawmaker. I conclude by highlighting how Cockburn’s arguments not only challenge voluntarist views, but also offer support for her moral fitness theory. (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)

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)

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)

This essay is titled "Critique the Postulation of the Historical Law Theory and relate it to African Law. The postulation of the historical law school that law emanates from customs through an ordered pattern of systematized progress into a codified system in relation to African law forms the crust of this essay. To achieve this task, this essay adopts a critical method in exposing c postulation of the historical law school and the African Law (keeping in mind the Ukelle (...) communal Law System). This essay questions whether there can be an independent law made or promulgated without targeting a given people or that there can be a people-free law? This essay claims that like the historical law school, laws emanate from their ground norms but insists that unlike the historical law school, laws in Ukelle Traditional System do not necessarily have to submit to through the rigor of systematic and strict evolutionary pattern of progress. Like Herder, this essay avers that there is a unique character with each culture, and as such Ukelle Traditional Law does not have to submit to any universal character of law. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing (...) the truth of certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: (...) he presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

Scientific knowledge is not merely a matter of reconciling theories and laws with data and observations. Science presupposes a number of metatheoretic shaping principles in order to judge good methods and theories from bad. Some of these principles are metaphysical (e.g., the uniformity of nature) and some are methodological (e.g., the need for repeatable experiments). While many shaping principles have endured since the scientific revolution, others have changed in response to conceptual pressures both from within science and without. Many of (...) them have theistic roots. For example, the notion that nature conforms to mathematical laws flows directly from the early modern presupposition that there is a divine Lawgiver. This interplay between theism and shaping principles is often unappreciated in discussions about the relation between science and religion. Today, of course, naturalists reject the influence of theism and prefer to do science on their terms. But as Robert Koons and Alvin Plantinga have argued, this is more difficult than is typically assumed. In particular, they argue, metaphysical naturalism is in conflict with several metatheoretic shaping principles, especially explanatory virtues such as simplicity and with scientific realism more broadly. These arguments will be discussed as well as possible responses. In the end, theism is able to provide justification for the philosophical foundations of science that naturalism cannot. (shrink)

Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of morals (...) and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

In this essay, I present three arguments for the claim that theists should reject divine command theory in favor of divine attitude theory. First, DCT implies that some cognitively normal human persons are exempt from the dictates of morality. Second, it is incumbent upon us to cultivate the skill of moral judgment, a skill that fits nicely with the claims of DAT but which is superfluous if DCT is true. Third, an attractive and widely shared conception (...) of Jewish/Christian religious devotion leads us naturally to an attitude-based conception of morality rather than a command-based one. (shrink)

Three metascientific concepts that have been object of philosophical analysis are the concepts oflaw, model and theory. The aim ofthis article is to present the explication of these concepts, and of their relationships, made within the framework of Sneedean or Metatheoretical Structuralism (Balzer et al. 1987), and of their application to a case from the realm of biology: Population Dynamics. The analysis carried out will make it possible to support, contrary to what some philosophers of science in general and (...) of biology in particular hold, the following claims: a) there are "laws" in biological sciences, b) many of the heterogeneous and different "models" of biology can be accommodated under some "theory", and c) this is exactly what confers great unifying power to biological theories. (shrink)

Leibniz said that the universe, if God-created, would exist at a unique, conjoint, physical maximum: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and initial conditions. Using concepts of ‘‘variety’’ and algorithmic informational complexity, Leibniz’ claim can be reframed as a testable theory. This theory predicts that the laws and conditions of the actual universe should be simpler, and the universe richer in phenomena, than the presence (...) of observers would require. Tegmark has shown that inhabitants of an infinite multiverse would likely observe simple laws and conditions, but also phenomenal richness just great enough to explain their existence. Empirical observations fit the claim of divine choice better than the claim of an infinite multiverse. The future of the universe, including its future information-processing capacity, is predicted to be endless. -/- . (shrink)