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Kant’s conception of remorse has received little discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and forward-looking reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to cultivate their consciences in such a way as to experience remorse in the way he conceives it.
Max Weber understood how democracy in the seventeenth century was tied to Calvinist individualism and the rejection of external forms. Thomas Hobbes hated the consequences of puritan rule and argued that politics needed to accept the principle of the mask in order to create social order. The lawyer William Prynne in his Histrio-mastix portrayed theatre as the root of all evils in the royalist regime, but he himself proved a masterly performer in working to undermine the regime. The most radical democratic thinking came from the ‘Levellers’ who harked back to the Garden of Eden and natural human innocence. Shakespeare interrogated the ambivalent myth of Eden in Henry VI Part Two, as did Milton in Paradise Lost. The Putney debates constitute the main focus of this chapter. Common soldiers with Leveller views argued with their generals about constitutional principles. Close analysis of the debate reveals the complications that followed from claims to sincerity, couched as insistence that because God had spoken to them speakers were following their consciences, avoiding rhetoric or hypocrisy. The religious context in fact allowed a high level of democratic exchange.
It has been a teaching of the Catholic Church for many centuries that the fact that an act is immoral is not itself a sufficient reason for acts of that kind to be punishable under the law. Therefore, before American Catholics or their bishops actively support laws making abortion illegal and punishable, they must carefully examine such laws to determine whether they are consistent with the common good and thus morally justifiable. This article first turns to the three conditions that Thomas Aquinas offers in the Treatise on Law (Summa Theologica, I-II, QQ. 90-105) that a law must fulfill in order for it to be consistent with the common good. Serious reasons are identified for doubting that laws prohibiting and punishing abortion can fulfill Aquinas’s three conditions. There are also serious reasons based on Catholic teaching, i.e., that we are always obliged to follow our conscience, for concluding that, contrary to the common good, many conscientious persons would be mistakenly punished by such laws. For these reasons, the article proposes that American Catholics and their bishops should reexamine their support for laws punishing abortion and should consider instead actively opposing such laws.
A multilevel conception of identity is proposed in this chapter, with individual, social, human, and ecological levels. Emphasis is placed on the nature of the relationships among the different identity positions, with a focus on dialogical flexibility and the distinction between consonant and dissonant dialogues. The risk of over-positioning is analyzed, indicating the one-sided exaggeration of one of the identities, and attention is devoted to the “level confusion” resulting from a lack of distinction between the different levels. An elaborate discussion of the concept of conscience is presented. From a neurological perspective, evidence shows that the natural inclination of bonding and caring puts limitations on our circle of moral regard. Finally, the worldviews of two historical icons, Jane Addams and Andrew Carnegie, are compared in order to demonstrate the value of promoter positions.
The Element examines ethical and conceptual issues about conscientious objection in medicine. Concepts analyzed include conscientious objection, conscientious provision, conscience, moral complicity, and moral integrity. Several ongoing ethical controversies are identified and critically analyzed. One is a disagreement about whether conscientious objection is compatible with physicians' professional obligations. The Element argues that incompatibilists fail to offer a justifiable specification of professional obligations that supports their position. The Element also argues that a challenge for compatibilists who support a reason-giving requirement is to specify justifiable and unambiguous criteria for reviewing objectors' reasons. Arguments for and against requirements to inform and refer patients are critically analyzed, and an alternative, context-dependent requirement is offered. Another subject of controversy is about the justifiability of asymmetry between responses to conscientious objectors and conscientious providers. Typically, only the former receive accommodation. The Element critically examines arguments for asymmetry and maintains that none provides a convincing justification.
La qualité des soins apportés aux personnes vivant avec la maladie d’Alzheimer (MA) dépend en partie de la capacité des professionnels à déterminer le degré de conscience de la maladie chez les patients. La présente recherche s’est intéressée aux représentations des soignants concernant la conscience des troubles chez les résidents d’établissements de soins de longue durée présentant un diagnostic de MA. Le pouvoir prédicteur de l’anosognosie sur le fardeau soignant a également été examiné. L’anosognosie des troubles de la construction (r = 0,40, p = 0,0164) et de l’initiation (r = 0,32, p = 0,052) était corrélée au fardeau soignant. Les professionnels se représentaient les résidents comme ayant une conscience altérée de leurs capacités, même en l’absence d’anosognosie. Les scores réels d’anosognosie ne prédisaient pas les estimations soignantes, hormis le score global sous forme de tendance (χ2 = 3,38, p = 0,066). Les soignants surestimaient pourtant les performances cognitives des résidents, telles que mesurées au moyen du protocole Misawareness (prédictions aidants/performances réelles : DC = 12,32, p < 0,0001).
In this paper, I suggest that taking seriously the way in which the trust is founded on a duty of conscience has far-reaching ramifications for the appropriate attitude towards new forms of trusts that are designed to allow people to enjoy the benefits of ownership without incurring the duties that come with it. The morally freighted concept of conscience that lies at the heart of trust law means that every claim against trustees invokes a demand that the trustee abide by the requirements of their conscience. The conditions on the right to blame others for a moral wrongdoing, and the relationship between blaming and suing in the context of trust law, lead to the conclusion that, in novel forms of trust that are geared towards the creation of a morally bankrupt “orphan property”, beneficiaries do not have moral standing to sue the trustee for a breach of trust.
The Apostle Paul defined the moral values of love, joy, peace, patience, and kindness as 'the fruit of God's Spirit.' Paul Moser here argues that such values are character traits of an intentional God. When directly experienced, they can serve as evidence for the reality and goodness of such a God. Moser shows how moral conscience plays a key role in presenting intentional divine action in human moral experience. He explores this insight in chapters focusing on various facets of moral experience – regarding human persons, God, and theological inquiry, among other topics. His volume enables a responsible assessment of divine reality and goodness, without reliance on controversial arguments of natural theology. Clarifying how attention to moral experience can contribute to a limited theodicy for God and evil, Moser's study also acknowledges that the reality of severe evil does not settle the issue of God's existence and goodness.
In the spring of 1593, a spate of viciously xenophobic libels appeared throughout London. The most notorious of these, the so-called Dutch Church libel, landed Thomas Kyd and Christopher Marlowe in some trouble, possibly due to its prominent allusions to Marlowe’s plays. This chapter argues that the collaborative, censored playscript Sir Thomas More reprises the incendiary confluence of libel, xenophobia, and drama that took place in 1593. The play’s opening scenes dramatize the anti-immigrant Evil May Day riot of 1517 with an eye to the 1590s, showing the strangers’ crimes and the violent resistance of London’s citizens. The citizens take their grievances public once all legal avenues for redress have failed. Yet libel and riot are not the only extralegal recourses in the play. The latter two-thirds of Sir Thomas More track the rise and fall of its titular character, who himself repeatedly confronts the limits of the law. Thomas More’s career extends the initial dramatization of libel into an extended meditation on the remedies available to any subject afflicted by unjust law, from bills and libels to riot to the vexed administration of equity and the vagaries of conscience.
Evolutionary psychologists have long maintained that humans’ moral sense is essential to their success as a species and part of what makes humans unique among animals. Moral systems have functional roots, helping individual organisms survive, thrive, and pass on their genetic material. It is not despite anarchy but because of anarchy that humans have an ethical sense. Evolutionary theorists identify moral condemnation and binding morality as crucial for the emergence of other-regarding, altruistic behavior that makes liberal morality possible in the first place. When others harm us, or even third parties, we condemn, passing moral judgments and sometimes retaliating; we do not speak evil but speak of evil. Moral condemnation encouraged the development of moral conscience to avoid the outrage of, and often violent group punishment by, those who were wronged. This internalized sense of right and wrong in turn acted as a credible signal of cooperativeness that unwittingly and unconsciously paid material dividends. Group favoritism, also thought to have evolutionary origins, is moral in nature as well. Those early humans who felt obligated to contribute to the collective defense against common threats in an extremely dangerous environment could prosper enough to offset the competing incentives to free-ride within the group.
When evaluating religious accommodation claims, courts refrain from examining the relationship between the specific claim and the common religious practice of the relevant religion. This paper rethinks this doctrine. I argue that it stems from understanding religious accommodation as a protection of conscience. This idea itself suffers from conceptual and practical challenges, which can be mitigated if we understand religion as a communal function of conscientious actions. The communal aspect bears practical and moral significance, and I explore three dimensions of it: the epistemic implications; its effect on constituting moral obligations toward others; and its importance as part of one’s culture. A communal-conscientious approach to religion can mitigate many challenges that confront conscience accommodation. This suggests that the relationship between the individual’s claim and their communal practice is crucial and should be evaluated by courts. I conclude by outlining the main considerations for creating a new, nuanced doctrine.
Chapter 1 covers the raising of consciousness and conscience and the interplay of authenticity and estrangement through a reading of Hannah Arendt, whose work we have found a profound inspiration throughout the book, notably her re-imagining of the ancient Greek city state of Athens and the polis as its political forum. The polis is an idealized space in whose relational confines an organized condition of authenticity can appear. It is a space to which those responsible for the administrative defence of the city, the strategoi, belong, but over which they have no authority. Separated from the household (oikos, the root term for economics), the polis is not primarily concerned with necessity, a condition Arendt calls labour, preoccupied with activity aimed at sustaining the metabolic persistence of life. Nor is it primarily a matter of work, of making and fabricating functional, symbolic and institutional things that last, such as temples, or laws, and that in return let the makers and fabricators ‘live on’ in reflection of the things they have produced. Drawing from the structure of the polis, we argue in this chapter for the intimacy between strategy and authenticity
Hutcheson and Butler were contemporaries whose best-known works appeared within a year of one another. Although they had similar intellectual temperaments and styles, their philosophical approaches differed in important ways that reverberated through thinkers that followed. Both were sharply analytical, and both shared a keen insight into moral psychology. Moreover, both laid great stress on the psychology of moral judgment. Hutcheson called this, following Shaftesbury, “moral sense,” and Butler referred to it alternately as the “principle of reflection” or “conscience.” For both, moral judgment involves the human capacity to (more or less successfully) reflect upon and respond affectively to motives, characters, and actions in dispassionate impartial way. However, the role of moral reflection for these two philosophers is profoundly different. For Hutcheson, it is an observer’s moral sense that enables a person to make moral evaluations of motivation and actions, but these evaluations are not self-reflexive – the agent is not evaluating their own, or even others’, moral sense. For Butler, on the other hand, conscience is a moral faculty by which agents crucially make judgments of themselves, judgments they employ to shape their own actions. Conscience is action-guiding for Butler in a way that moral sense is not for Hutcheson.
A growing body of literature has emphasised the role of equity as a body of second order principles. These scholars argue that what makes equity distinct is that it assumes a particular outcome at common law, but then controls or disables one party's insistence on her legal entitlements. Where do equitable bars to relief fit within such accounts? This article argues that equitable bars to relief fit comfortably with the view that equity is second order law. This is for a simple reason: equity prevents the unjust exercise of legal entitlements. However, equitable rules are also amenable to being exercised unjustly. To prevent equitable rules being abused, equitable doctrines require some limited discretion to be built in. If this were not the case, then the general law would require a third set of rules to control equity and then a fourth set of rules to control those rules (ad infinitum).
Although the virtues are implicit in Catholic Social Teaching, they are too often overlooked. In this pioneering study, Andrew M. Yuengert draws on the neo-Aristotelian virtues tradition to bring the virtue of practical wisdom into an explicit and wide-ranging engagement with the Church's social doctrine. Practical wisdom and the virtues clarify the meaning of Christian personalism, highlight the irreplaceable role of the laity in social reform, and bring attention to the important task of lay formation in virtue. This form of wisdom also offers new insights into the Church's dialogue with economics and the social sciences, and reframes practical political disagreements between popes, bishops, and the laity in a way that challenges both laypersons and episcopal leadership. Yuengert's study respects the Church's social tradition, while showing how it might develop to be more practical. By proposing active engagement with practical wisdom, he demonstrates how Catholic Social Teaching can more effectively inform and inspire practical social reform.
Classical and medieval rhetorical theorists had many names for the figure of thought that we call ‘personification’ or prosopopoeia. This fundamentally hybrid figure occurs at the confluence of different kinds of discourse; definitions range across a spectrum from the ‘animate abstraction’ to the ‘person introduced to speak’. The essay explores the diverse rhetorical theory behind this figure. It then discusses the hybridity of this figure, and in particular its striking capacity for multivalency, change and even disintegration (paradiastole), in medieval vernacular narrative allegory. It focuses on Langland’s Piers Plowman, with reference to the figures Clergie, Patience, Conscience, Wil, Haukyn and Piers Plowman. Finally, the essay investigates another aspect of this hybridity that might seem counter-intuitive to readers who assume that prosopopoiae/personifications should have surface or even naturalistic narrative coherence: the way that this figure of thought allows Langland repeatedly to cultivate an ambiguity about whether his prosopopoiae/personifications are lay or ordained. This telling ambiguity reflects the poet’s disengaged attitude to the institution of the church and even the priesthood.
The end of a war is not just about a societys making peace with its former enemy. It is also about the societys making peace with itself. This begins with welcoming back those who have gone to war, those who must be at peace with themselves and at peace with others over what they have done. My title, The Lament of the Demobilized, is from Vera Brittain, a leading pacifist voice of the twentieth century whose pacifism – I call it soldier pacifism – was grounded in her first-hand experience of war. Such soldier pacifism holds that the grief of knowing war means the soldier can never fully return home, and that this constitutes an indictment of all war. I explore this theme through memoirs, literature, poetry, as well as recent topics in just war theory.
The end of a war is not just about a societys making peace with its former enemy. It is also about the societys making peace with itself. This begins with welcoming back those who have gone to war, those who must be at peace with themselves and at peace with others over what they have done. My title, The Lament of the Demobilized, is from Vera Brittain, a leading pacifist voice of the twentieth century whose pacifism – I call it soldier pacifism – was grounded in her first-hand experience of war. Such soldier pacifism holds that the grief of knowing war means the soldier can never fully return home, and that this constitutes an indictment of all war. I explore this theme through memoirs, literature, poetry, as well as recent topics in just war theory.
Συνɛίδησις is a relatively rare word, but a favourite for Paul, whose undisputed texts contain nearly half of its New Testament occurrences. In the 19th and 20th centuries, scholars debated the origin of the substantive and the possibility of Stoic influence, which led to a consensus that the term was not a technical philosophical one and Paul's use was not affected by Stoic thought. There is evidence, though, that the presence of συνɛίδησις in a few Stoic texts is due to its semantic relationship in Stoic discourse with συναίσθησις, the Stoic term for self-perception, which was a key component in their epistemological and ethical theory. This article argues that a reading of Paul's use of συνɛίδησις as Stoic self-perception explains the distinctive features of his use to which scholars have recently drawn attention, namely, the permanent and continuous operation of the συνɛίδησις, its ability to be passively impacted by the actions of others and the neutral or positive content of its reflexive knowledge. After a review of recent scholarship, I discuss the role of συναίσθησις in Stoic theory and the evidence for its semantic relationship to συνɛίδησις, then offer a reading of 1 Cor 8–10 demonstrating Paul's use of συνɛίδησις as self-perception.
Chapter 5 considers the theology and moral philosophy of the respected theologian and moral casuist, Robert Sanderson. The divine Sanderson despaired of the unfortunate consequences for practical morality of denying the responsibility and freedom of individuals. In its historical context his doubt amounted to finally rejecting the Calvinist doctrine of predestination. Scholars consider Sanderson’s Several Cases of Conscience Discussed in Ten Lectures in the Divinity School at Oxford a main reference for Locke in the writing of the unpublished Two Tracts of Government and his foundational Essays on the Law of Nature. Sanderson’s work sets out a moral philosophy of free will reinforced by mechanical overtones of necessary causality in reasoning. The chapter briefly analyses this type of ‘mechanical conscience’ and shows how Sanderson was committed to a de facto theory of government.