Hume's Law, Moore's Open Question and Aquinas' Human Intellect
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The Naturalistic Fallacy and Natural Law Methodology
The Naturalistic Fallacy and Natural Law Methodology W. Matthews Grant It is customary to divide contemporary natural law theorists-at least those working broadly within the Thomistic tradition-into two main camps. In one camp are those such as John Finnis, Germain Grisez and Robert George, who deny that a natural law ethics need base itself on premises supplied by a methodologically prior philosophical anthropol ogy. According to these thinkers, practical reason, when reflecting on experience and considering possible ends of action, grasps in a non-in ferential act of understanding certain basic goods that ought to be pursued. Since these goods are not deduced, demonstrated, or derived from prior premises, they provide a set of self-evident or per se nota primary pre cepts from which all other precepts of the natural law may be derived. Because these primary precepts or basic goods are self-evident, natural law theorizing need not wait on the findings of anthropologists and phi losophers of human nature. 1 A rival school of natural law ethicists, comprised of such thinkers as Russell Bittinger, Ralph Mcinerny, Henry Veatch andAnthony Lisska, rejects the claims of Finnis and his colleagues for the autonomy of natural law I. For major statements and defenses of this position see John Finnis, Natural Law and Natural Rights (Oxford: Oxford University Press, I980); Germain Grisez, The Way of the Lord Jesus~ vol. I, Christian Moral Principles (Chicago: Franciscan Herald Press, I983);. Robert P. George, "Recent Criticism of Natural Law -
Beyond Good and Evil—1
Nietzsche & Asian Philosophy Beyond Good and Evil—1 Beyond good and Evil Preface supposing truth is a woman philosophers like love-sick suitors who don’t understand the woman-truth central problem of philosophy is Plato’s error: denying perspective, the basic condition of all life On the Prejudices of Philosophers 1) questioning the will to truth who is it that really wants truth? What in us wants truth? Why not untruth? 2) origin of the will to truth out of the will to untruth, deception can anything arise out of its opposite? A dangerous questioning? Nietzsche sees new philosophers coming up who have the strength for the dangerous “maybe.” Note in general Nietzsche’s preference for the conditional tense, his penchant for beginning his questioning with “perhaps” or “suppose” or “maybe.” In many of the passages throughout this book Nietzsche takes up a perspective which perhaps none had dared take up before, a perspective to question what had seemed previously to be unquestionable. He seems to constantly be tempting the reader with a dangerous thought experiment. This begins with the questioning of the will to truth and the supposition that, perhaps, the will to truth may have arisen out of its opposite, the will to untruth, ignorance, deception. 3) the supposition that the greater part of conscious thinking must be included among instinctive activities Nietzsche emphasizes that consciousness is a surface phenomenon conscious thinking is directed by what goes on beneath the surface contrary to Plato’s notion of pure reason, the conscious -
1 of 3 Ethics: Consequentialism-Utilitarianism Ethics Script: Consequentialism & Utilitarianism Slide 2 {Introduction To
Ethics Script: Consequentialism & Utilitarianism slide 2 {Introduction to the Theory of Consequentialism} There are two basic principles within the theory of consequentialism: (1) an action’s ethicality depends only on the results of that action, and (2) the more “good” (and less harmful) results an action produces, the better (or more right) the act is. You already know the basic idea behind this concept as “the end justifies the means.” slide 3 {How it Works… and Doesn’t Work} While actions tend to be brief and immediate, the consequences of those actions can have long-term—even permanent—effects. A consequentialist would expect that you (and everyone else) consider the implications of your actions in terms of a “good” or “right” outcome. Consequentialism itself doesn’t define which consequences are “good.” It’s up to you to decide what is right and wrong on a personal basis. Two consequentialists can look at the same choice and completely disagree on the action that should be taken… like in the case of an assisted suicide or how to deal with a pandemic. But they are more likely to agree on what kind of action should be taken in order to help a lost child so some actions are easier to agree on than others. slide 4 {Utilitarianism a Model of Consequentialism and Introduction to Mr. Bentham} The most popular consequentialist model, Utilitarianism, accounts for ambiguities that consequentialism alone does not. Utilitarianism emerged in the early 19th century with British philosopher and “hedonist” Jeremy Bentham, who aimed to assess whether or not Parliament was passing fair and ethical laws at the time. -
Why Retributivism Needs Consequentialism: the Rightful Place of Revenge in the Criminal Justice System
Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 2014 Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System Ken Levy Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Levy, Ken, "Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System" (2014). Journal Articles. 67. https://digitalcommons.law.lsu.edu/faculty_scholarship/67 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. Forthcoming in Rutgers L. Rev. (spring 2014) Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System KEN LEVY* TABLE OF CONTENTS I. Introduction ..................................................................................................... 2 II. The Main Goals of the Criminal Justice System ....................................... 10 A. The First Primary Goal of the Criminal Justice System: Crime Minimization ................................................................................................. 11 B. The Second Primary Goal of the Criminal Justice System: Retribution .................................................................................................... -
Thomist Natural Law
The Catholic Lawyer Volume 8 Number 1 Volume 8, Winter 1962, Number 1 Article 5 Thomist Natural Law Joaquin F. Garcia, C.M. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THOMIST NATURAL LAW JOAQUIN F. GARCIA, C.M.* N THE Summer 1960 edition of The Catholic Lawyer, Dr. R. D. Lumb, a Lecturer in Law at the University of Queensland, had an article entitled "Natural Law - An Unchanging Standard?", in which he con- sidered the doctrines of two thinkers, St. Thomas and Suarez. It is the opinion of this writer that as far as Thomist Natural Law is concerned, Dr. Lumb could have omitted the question mark. It is an unchanging standard. Dr. Lumb set himself the task of ascertaining whether the traditional Thomist system takes into account the variables to be found in any system of rules or institutions. The Thomist system of law does take account of the variables but through positive law, through the application of the universal Natural Law principles to particular changing conditions. By no means does it replace positive law. Unlike 18th century rationalis- tic Natural Law which often ignored experience, which often contained personal, social and political programs, and which often was not Natural Law at all but positive law under a Natural Law label, Thomist Natural Law offers the widest scope for positive law and stresses the importance of experience. -
Consequentialism and Moral Responsibility
Consequentialism and Moral Responsibility Draft of September 2015 Elinor Mason For Christian Seidel (ed.) Consequentialism: new directions, new problems? OUP, forthcoming. There are two different ways of thinking about the relationship between consequentialism and moral responsibility. First, we might think that consequentialism can give us an account of responsibility. I discuss this possibility briefly, and then set it aside. The other way of thinking about the relationship is the focus of this paper. The question that concerns me, is, to what extent is a normative theory, consequentialism in particular, constrained by requirements that stem from concerns about responsibility? 1. Consequentialist Accounts of Moral Responsibility J.J.C. Smart suggests that we can extend consequentialist reasoning about morality to reasoning about responsibility. One of the attractions of consequentialism is that it provides such a straightforward and attractive account of justification for our moral practices. Why do we pay our taxes, treat each other with respect, look after each other and so on? Because doing so has good consequences. However, this sort of justification, though very appealing when considering moral practice, becomes extremely counterintuitive in other sorts of case. For example, it seems obvious that justification for beliefs cannot be consequentialist. Beliefs must be justified in some way that relates to their truth, though of course there is disagreement about exactly what makes a belief justified. Similarly, so a familiar line of thought goes, whether or not someone is responsible for an act, or for anything else, cannot be determined by looking at the consequences of holding them responsible. The claim that 1 responsibility can be understood in a consequentialist way seems like a category mistake.1 Smart’s view might be correct that, insofar as praising and blaming are actions, consequentialists should take the value of the consequences of performing those acts as the relevant factor in deciding whether or not to perform them. -
Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea Berit Van Neste University of South Florida
University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School 4-12-2006 Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea Berit Van Neste University of South Florida Follow this and additional works at: http://scholarcommons.usf.edu/etd Part of the American Studies Commons, and the Religion Commons Scholar Commons Citation Neste, Berit Van, "Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea" (2006). Graduate Theses and Dissertations. http://scholarcommons.usf.edu/etd/3782 This Thesis is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea by Berit Van Neste A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts Department of Religious Studies College of Arts and Sciences University of South Florida Major Professor: James F. Strange, Ph.D. Paul G. Schneider, Ph.D. Michael J. Decker, Ph.D. Date of Approval: April 12, 2006 Keywords: theology, philosophy, politics, patristic, medieval © Copyright 2006 , Berit Van Neste For Elizabeth and Calista Table of Contents Abstract ii Chapter 1 1 Introduction 1 Cicero’s Influence on Augustine 7 Chapter 2 13 Justice 13 Natural and Temporal Law 19 Commonwealth 34 Chapter 3 49 Just War 49 Chapter 4 60 Conclusion 60 References 64 i Cicero and St. -
Satisficing Consequentialism Author(S): Michael Slote and Philip Pettit Source: Proceedings of the Aristotelian Society, Supplementary Volumes, Vol
Satisficing Consequentialism Author(s): Michael Slote and Philip Pettit Source: Proceedings of the Aristotelian Society, Supplementary Volumes, Vol. 58 (1984), pp. 139-163+165-176 Published by: Blackwell Publishing on behalf of The Aristotelian Society Stable URL: http://www.jstor.org/stable/4106846 Accessed: 15/10/2008 09:26 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=black. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials they rely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact [email protected]. The Aristotelian Society and Blackwell Publishing are collaborating with JSTOR to digitize, preserve and extend access to Proceedings of the Aristotelian Society, Supplementary Volumes. -
Alienation, Consequentialism, and the Demands of Morality,” Peter Railton Introduces an Approach to Consequentialism That Has Since Become Influential
1 Sophisticated Consequentialism and Psychological Coherence In “Alienation, Consequentialism, and the Demands of Morality,” Peter Railton introduces an approach to consequentialism that has since become influential. 1 His approach, which he calls ‘sophisticated consequentialism’, claims that a consequentialist ought to be motivated by whichever set of motivations will in fact lead to maximizing value, instead of being motivated to directly maximize value. As a result, a consequentialist might maximize value by having dispositions to commit acts that may not themselves maximize value. I concern myself here with the psychological tension that might exist in a person with such apparently conflicting commitments: how may a person that is, on one hand, committed to believing that consequences determine how people ought to act, on the other hand, be motivated to generally act in ways that pay no direct attention to consequences? In particular, I will argue that, on Railton's picture, a consequentialist must pay attention to two distinct and inconsistent sets of reasons. First, it is difficult to see how a person can really make decisions in that way, and second, a person situated in the way Railton imagines is not actually in a position to maximize value. But before I get to a more rigorous statement of what I will call the criticism from psychological incoherence, I need to lay the scene. The criticism from psychological incoherence is related to another objection to which Railton was directly responding, the alienation objection. I first set out this objection before moving to a statement of sophisticated consequentialism that handles the alienation objection. -
Vegetarianism and Virtue: Does Consequentialism Demand Too Little?
WellBeing International WBI Studies Repository 1-2002 Vegetarianism and Virtue: Does Consequentialism Demand Too Little? Nathan Nobis University of Rochester Follow this and additional works at: https://www.wellbeingintlstudiesrepository.org/acwp_aafhh Part of the Animal Studies Commons, Other Anthropology Commons, and the Other Nutrition Commons Recommended Citation Nobis, N. (2002). Vegetarianism and Virtue: Does consequentialism Demand Too Little?. Social Theory & Practice, 28(1), 135-156. This material is brought to you for free and open access by WellBeing International. It has been accepted for inclusion by an authorized administrator of the WBI Studies Repository. For more information, please contact [email protected]. Vegetarianism and Virtue: Does Consequentialism Demand Too Little? Nathan Nobis Department of Philosophy, University of Rochester I will argue that each of us personally ought to be a vegetarian.1 Actually, the conclusion I will attempt to defend concerns more than one's eating habits in that I will argue that we should be "vegans." Not only should we not buy and eat meat, but we should also not purchase fur coats, stoles, and hats, or leather shoes, belts, jackets, purses and wallets, furniture, car interiors, and other traditionally animal-based products for which there are readily available plant-based or synthetic alternatives. (Usually these are cheaper and work just as well, or better, anyway.) I will argue that buying and eating most eggs and dairy products are immoral as well. (Since it's much easier -
The Utilitarian Foundations of Natural Law
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1989 The Utilitarian Foundations of Natural Law Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Utilitarian Foundations of Natural Law," 12 Harvard Journal of Law and Public Policy 711 (1989). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. 10 SYMPOSIUM ON THE COMPATIBILITY OF RIGHTS AND CONSEQUENTIALIST ANALYSES HeinOnline -- 12 Harv. J. L. & Pub. Pol'y 711 1989 0Q HeinOnline -- 12 Harv. J. L. & Pub. Pol'y 712 1989 THE UTILITARIAN FOUNDATIONS OF NATURAL LAW RICHARD A. EPSTEIN* Contemporary thinking about rights draws a sharp line be- tween deontological and consequentialist ethical theories. De- ontological theories are associated with the natural law tradition as it has developed in this century, while consequen- tialist theories may be conveniently, if inexactly, grouped as utilitarian. The points of opposition between these approaches have been so often rehearsed that it is only necessary to sum- marize them briefly here. Natural rights theories regard them- selves as theories of individual entitlement, not as theories of social good. Their emphasis on the justice of the individual case, the intimate connection between the doer and the sufferer of harm, makes them overtly anti-instrumental in orientation.' They disavow the idea that the consequences of any legal rule could justify its adoption or rejection. -
Consequentialism, Group Acts, and Trolleys
1 Consequentialism, Group Acts, and Trolleys Joseph Mendola Abstract: Multiple-Act Consequentialism specifies that one should only defect from a group act with good consequences if one can achieve better consequences by the defecting act alone than the entire group act achieves. It also holds that when different valuable group agents of which one is part specify roles which conflict, one should follow the role in the group act with more valuable consequences. This paper develops Multiple-Act Consequentialism as a solution to the Trolley Problem. Its relentless pursuit of the good provides act-consequentialism with one sort of intuitive ethical rationale. But more indirect forms of consequentialism promise more intuitive normative implications, for instance the evil of even beneficent murders. I favor a middle way which combines the intuitive rationale of act-consequentialism and the intuitive normative implications of the best indirect forms. Multiple-Act Consequentialism or ‘MAC’ requires direct consequentialist evaluation of the options of group agents. It holds that one should only defect from a group act with good consequences if one can achieve better consequences by the defecting act alone than the entire group act achieves, and that when different beneficent group acts of which one is part specify roles which conflict, one should follow the role in the group act with better consequences. This paper develops MAC as a solution to the Trolley Problem. Section 1 concerns the relative advantages of direct and indirect consequentialisms. Section 2 develops MAC by a focus on competing conceptions of group agency. Section 3 applies MAC to the Trolley Problem.