Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers April 1999 The ewN Casuistry Paul R. Tremblay Boston College Law School,
[email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, and the Litigation Commons Recommended Citation Paul R. Tremblay. "The eN w Casuistry." Georgetown Journal of Legal Ethics 12, no.3 (1999): 489-542. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. The New Casuistry PAUL R. TREMBLAY* Of one thing we may be sure. If inquiries are to have substantialbasis, if they are not to be wholly in the air the theorist must take his departurefrom the problems which men actually meet in their own conduct. He may define and refine these; he may divide and systematize; he may abstract the problemsfrom their concrete contexts in individual lives; he may classify them when he has thus detached them; but ifhe gets away from them, he is talking about something his own brain has invented, not about moral realities. John Dewey and James Tufts' [A] "new casuistry" has appearedin which the old "method of cases" has been revived.... 2 Hugo Adam Bedau I. PRACTICING PHILOSOPHY Let us suppose, just for the moment, that "plain people ' 3 care about ethics, that they would prefer, everything else being equal, to do the right thing, or to lead the good life.