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The sense of duty is a virtue of caring, not directly about the good, or even about justice, but about doing one’s duty. Insofar as doing what one takes to be one’s duty is in fact to do what is good, the sense of duty functions as a backup for the more direct virtues of caring – generosity, compassion, and truthfulness, as well as justice. Being a virtue of caring, the sense of duty can be expressed in emotions: a feeling of satisfaction in having done one’s duties or feelings of guilt or shame at having neglected them. The sense of duty can vary, emotionally, according to how one conceives the authoritative source of duty, on a spectrum from reverence, through respect, to resentful acceptance. Example of the extremes beyond the spectrum are some Hebrew psalmists’ delight in the law of God and the contempt of the utter moral cynic.
Carissa Véliz (2021) soutient que pour être un agent moral, une entité (comme un système algorithmique) doit nécessairement être sentiente. En prenant l’exemple d’une forme d’agentivité sans conscience phénoménale et donc sans sentience, je conteste cette thèse. En effet, certains groupes humains peuvent être considérés comme des agents intentionnels non réductibles aux individus particuliers qui les composent. En m’appuyant sur l’interprétativisme proposé par Uriah Kriegel (2011) et John Haugeland (1990), ainsi que sur la posture intentionnelle (intentional stance) de Daniel Dennett (1987), je montre que l’intentionnalité est une condition suffisante pour parler d’agentivité morale et que, contrairement à ce qu’affirme Véliz, il peut donc y avoir des agents moraux qui ne sont pas sentients.
Heidegger says very little about language in Being and Time, but he says quite a lot about “discourse” (Rede). What is discourse, according to Heidegger, and what is its relation to language? It is, he says, the “foundation” of language, so they cannot be identical. He also says that the “spoken expression” of discourse is language, but can discourse also be unspoken, or even nonlingustic? Remaining silent and the call of conscience, he also says, are kinds of discourse. In this chapter, I argue that what Heidegger means by “discourse” is communicative expression in a broad sense, which includes but is not limited to language. Expression and communication are, however, what discourse and language have in common. I show that competing accounts in the secondary literature either understate or overstate those features, which are essential to both linguistic and nonlinguistic cases of discourse
How should a constitutional state – one that respects subjects’ basic rights – treat civil disobedients? This chapter presents and critically engages with some of the most prominent answers legal scholars, political theorists, and philosophers have given to this question. On what I call punitive approaches, which I present in section 1, civil disobedience is first and foremost an act of resistance that threatens the constitutional order, and thus a public wrong worthy of punishment. Theorists of civil disobedience have challenged this approach since the 1960s, especially by conceiving of civil disobedience as a kind of dissent, which liberal democratic societies ought to and can ‘make room’ for. Sections 2 and 3 examine these ‘constitutionalizing’ approaches, with section 2 focusing on the case for leniency, and section 3 on the case for broad accommodation. Section 4 examines the costs of constitutionalizing approaches and reclaims the understanding of civil disobedience as a kind of resistance, alongside its uncivil counterparts, that is sometimes justified and even necessary in constitutional democracies.
The concept of equity is indispensable to Kantian morality. This claim is controversial given Kant’s labelling of equity as an unenforceable right and his reputed moral absolutism. A need for equity, however, can be elicited from within his writing. For Kant, human dignity constitutes the basis of duty. Conscience demands conformity with duty. Our duties to positively serve humanity are indeterminate. The need for equity arises, therefore, to guide conscientious deliberations in applying moral principles appropriately toward that end in particular situations. This is especially pronounced when one strives to support the dignity of others consistently with one’s own dignity.
The Damna Usuum was a series of complaints about the operation of uses written during the negotiations with the Commons which culminated in the Statute of Uses (1536). Through detailed analysis of the manuscript, this paper demonstrates that the Damna Usuum has been misunderstood by legal historians. Rather than being a public document intended to persuade the Commons to support reform; the Damna Usuum can be shown to be a series of rough notes prepared by the Crown’s lawyers ahead of their negotiations with the Commons. Furthermore, this has a significant impact on our understanding of how contemporary lawyers conceptualised pre-1536 uses in a period in which they had taken on more proprietary “thing-like” characteristics.
In response to “Origin of ‘Conscientious Objection’ in Health Care: How Care Denials Became Enshrined into Law Because of Abortion,” in which Christian Fiala, Joyce Arthur, and Amelia Martzke trace the origins of “conscientious objection” (CO) policy, this commentary looks at the implications of their arguments for large religious health systems where CO disingenuously constrains care. Within such health institutions, the constraints on standard obstetric care reflect the conscience of bishops who write religious policy, not the beliefs of providers who must implement them, or the patients subject to them.
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.
Christian August Crusius (1715–1775) was one of the most important German philosophers in the middle of the eighteenth century. His series of four German textbooks offered a systematic and sophisticated alternative to Wolffianism. Kant was at the beginning of his academic career when Crusius’ philosophical works were first published, so it is not surprising that Kant would come to be influenced by Crusius’ philosophy. This chapter contains a translation of selections from books 1 and 2 of Crusius’ Guide to Living Rationally (1744), capturing his theory of the will and desire, his theory of freedom, his voluntarist theory of ethics, his theory of the end of human life, and his moral proof of the immortality of the soul. The selections will help readers better understand Kant’s reference to Crusius’ moral philosophy as one based on the “will of God” (5:40), among many other things.
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