47 results on '"casuistry"'
Search Results
2. Dialogue and Didacticism: Defoe’s Conduct and Advice Literature
- Author
-
Pritchard, Penny, Seager, Nicholas, book editor, and Downie, J. A., book editor
- Published
- 2023
- Full Text
- View/download PDF
3. Quintilian in the Graeco-Roman Rhetorical Tradition
- Author
-
Enos, Richard Leo, Van Der Poel, Marc, book editor, Edwards, Michael, book editor, and Murphy, James J., book editor
- Published
- 2021
- Full Text
- View/download PDF
4. Ethics
- Author
-
McKenny, Gerald, Jones, Paul Dafydd, book editor, and Nimmo, Paul T., book editor
- Published
- 2019
- Full Text
- View/download PDF
5. The Corn Laws and the Casuistry of Free Trade, 1813–1815
- Author
-
Ryan Walter
- Subjects
Casuistry ,Economics ,Corn Laws ,Free trade ,Law and economics - Abstract
This chapter examines the Corn Laws debate from 1813 to 1815, focusing on the contributions of Malthus, Ricardo, and Robert Torrens. This episode has traditionally been studied as a moment of conceptual progress for political economy, above all through the emergence of the concepts of diminishing returns and comparative advantage. The account here produces different results by returning the texts of Malthus, Ricardo, and Torrens to their historical context, which is shown to be one where casuistical argument was deployed to counsel Parliament on how to resolve a policy question. In particular, the issue was whether or not Parliament ought to diverge from the principle of free trade in the pursuit of other principles of statecraft, the stability and security of the food supply preeminently. Once the texts are read as instances of casuistry, Ricardo’s famed theoretical brilliance instead appears as clumsiness and detachment from the needs of Parliament.
- Published
- 2021
6. Law and the Evidentiary Environment
- Author
-
Shapiro, Barbara and Hutson, Lorna, book editor
- Published
- 2017
- Full Text
- View/download PDF
7. Catholic Moral Theology, 1550–1800
- Author
-
Quantin, Jean-Louis, Lehner, Ulrich L., book editor, Muller, Richard A., book editor, and Roeber, A. G., book editor
- Published
- 2016
- Full Text
- View/download PDF
8. Regulating Religion : The Courts and the Free Exercise Clause
- Author
-
Catharine Cookson and Catharine Cookson
- Subjects
- Freedom of religion--United States, Church and state--United States, Religion and politics--United States, Casuistry
- Abstract
Jurisprudence regarding the'free exercise of religion'clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.
- Published
- 2001
9. Some Comments on Later Casuistry and ‘Jesuitical’ Equivocation
- Author
-
Emily Corran
- Subjects
Literature ,business.industry ,Casuistry ,Philosophy ,Equivocation ,business - Abstract
This chapter discusses early modern controversies about equivocation and mental reservation in the light of medieval intellectual history. Sixteenth-century polemics on equivocation are best explained in terms of the social and intellectual developments of that period, rather than anything inherent to the medieval discussion. The Reformation, the wars of religion in the sixteenth century, the persecution of religious minorities created an urgent new need for casuistry among Catholics who found themselves endangered. In addition the Second Scholasticism sought to make pastoral teaching relevant to political leaders of their period. Nevertheless, the combination of a stable framework of casuistical questions and changing content of moral theology that emerged in the later Middle Ages is crucial for understanding its subsequent history. The framework of ideas that were established during the medieval period was a crucial limiting factor to the later quarrels about justified equivocation.
- Published
- 2018
10. Equivocation and Casuistry
- Author
-
Emily Corran
- Subjects
Casuistry ,Philosophy ,Equivocation ,Epistemology - Abstract
The doctrine of equivocation and mental reservation has been caricatured as an invention of early modern academia, but it was a familiar concept in the Middle Ages. This chapter explores the range of ways in which thought about equivocation appeared in medieval culture. A number of literary genres discussed equivocation, including hagiography, chanson de geste, and romance. The way in which they treated the subject varied according to genre and the requirements of the narrative, but many of these texts highlighted the moral ambiguity of equivocation, especially the chanson de geste Ami et Amile and the romances Tristan and Cligès. Clerical writing on equivocation, the main subject of this study, shared important aspects of the literary treatment of the subject, but in comparison focused more explicitly on pastoral questions of sin and absolution.
- Published
- 2018
11. The Early Casuistry of Lying and Perjury
- Author
-
Emily Corran
- Subjects
Literature ,Casuistry ,business.industry ,Philosophy ,business ,Lying - Abstract
Clerical casuistry of lying first appeared in the late twelfth century, although more general discussions of lying dated back to patristic times. Augustine had written influentially on the ethics of lying, but tended to insist on an unbending prohibition of lying rather than exceptional cases. In the twelfth century, new compilations of Christian theology, including Abelard’s Sic et Non and Gratian’s Decretum, suggested more explicitly that lying and perjury was still an open question. Canon lawyers showed increased interest in casuistry, in the context of practical questions about mitigated guilt, and exegetes in the later twelfth century discussed the morality of biblical characters in the literal sense. All of these factors contributed to create a ferment of practical thought about lying and perjury in this period. These were distinct currents in a larger tide of applied pastoral thought, which correlated with the rise of frequent confession among lay people.
- Published
- 2018
12. Law and the Evidentiary Environment
- Author
-
Barbara Shapiro
- Subjects
Casuistry ,media_common.quotation_subject ,Law ,Political science ,Credibility ,Conscience ,media_common - Abstract
This essays explores several epistemological related elements in the early modern English jury trial environment. Witnessing, credibility, testimony, doubt, suspicion, equivocation, conscience, fact, and oaths are frequent topics in law and literature studies. In one way or another, all of them raise questions of truth-telling, fact-finding, and epistemology. This environment included oath taking, the credibility of oath and non oath takers, the rhetorical origins of credibility criteria, casuistry, and the legal language of ‘satisfied conscience’, and the interplay between ‘truth’ and ‘mercy.’ It also discusses the consistency, tension, and/ or conflict between conceptual elements and the practices of grand jurors, jurors, and judges.
- Published
- 2017
13. Catholic Moral Theology, 1550–1800
- Author
-
Jean-Louis Quantin
- Subjects
Casuistry ,Philosophy ,Religious studies ,Catholic moral theology ,Probabilism ,Jansenism - Abstract
In the early modern age, for the first time in history, moral theology became a ground of bitter strife within the Roman Catholic Church. After the Council of Trent, it evolved as a specialized discipline with its own methodology, which became increasingly identified with casuistry. The theoretical underpinning of this development was probabilism, the system according to which, when there are two opposite opinions as to the morality of a course of action, one is allowed to follow the less probable one. From about 1650, first of all in Belgium and France, both probabilism and casuistry came under attack as favoring laxity. Rigorism, which was linked to but by no means synonymous with doctrinal Jansenism, progressively spread to the entire Church. The papacy, whose pronouncements on moral matters became increasingly important, shared in this reaction but was careful to preserve theological pluralism.
- Published
- 2015
14. Advice on Particular Moral Dilemmas: Casuistry, Mid‐Sixteenth to Mid‐Seventeenth Centuries
- Author
-
Richard Sorabji
- Subjects
Casuistry ,Political science ,Environmental ethics ,Social science ,Moral dilemma ,Advice (programming) - Published
- 2014
15. Casuistry: Ruled by Cases
- Author
-
Tom Tomlinson
- Subjects
Literature ,Casuistry ,business.industry ,Philosophy ,business - Published
- 2012
16. Preference, Principle, and Political Casuistry
- Author
-
Peter H. Ditto and Eric D. Knowles
- Subjects
Legal reasoning ,Politics ,Casuistry ,Political science ,Positive economics ,Social psychology ,Preference - Abstract
To say that someone is a person of principle is high praise; to declare that he or she is driven by personal preference is a damning critique. This chapter examines judgments of preference and principle from a social-psychological perspective, arguing that they reflect lay-psychological hypotheses concerning the causes of behavior. It is argued that judgments are rarely purely principled or purely preference-based. Rather, a hybrid or casuistic model is proposed, positing that principles (for example, general intellectual commitments) often guide judgments after having been selected to cohere with one’s preferences (or affective biases) concerning the outcome. Examples of casuistic judgments are examined from the domains of life-and-death decisions, legal reasoning, and racial thinking. The chapter closes with a discussion of the normative status of casuistic judgment.
- Published
- 2012
17. Containing the great address of the landlady, the great learning of a surgeon, and the solid skill in casuistry of the worthy lieutenant
- Author
-
Henry Fielding
- Subjects
Casuistry ,Philosophy ,Law - Abstract
When the wounded man was carried to his bed, and the house began again to clear up from the hurry which this accident had occasioned, the landlady thus addressed the commanding officer. ‘I am afraid, sir,’ said she, ‘this young man did not behave...
- Published
- 2008
18. English Law: Recurrent Themes and Endemic Casuistry
- Author
-
Simon Whittaker
- Subjects
English law ,business.industry ,Casuistry ,Medicine ,business ,Genealogy ,Classics - Published
- 2005
19. [Fragments Relating to 'Casuistry']
- Author
-
Thomas De Quincey
- Subjects
Literature ,business.industry ,Casuistry ,Philosophy ,business - Published
- 2003
20. How Did the Nos’ei Kelim (“Arms-Bearers”) Read Shulhan Arukh?
- Author
-
Samet, Noam, Eleff, Zev, book editor, Kwall, Roberta Rosenthal, book editor, and Saiman, Chaim, book editor
- Full Text
- View/download PDF
21. Bioethics as a second-order discipline: who is not a bioethicist?
- Author
-
Kopelman LM
- Subjects
- Casuistry, Ethics, Institutional education, Politics, Research, Bioethics education, Bioethics trends, Education, Professional standards, Ethicists education
- Abstract
A dispute exists about whether bioethics should become a new discipline with its own methods, competency standards, duties, honored texts, and core curriculum. Unique expertise is a necessary condition for disciplines. Using the current literature, different views about the sort of expertise that might be unique to bioethicists are critically examined to determine if there is an expertise that might meet this requirement. Candidates include analyses of expertise based in "philosophical ethics," "casuistry," "atheoretical or situation ethics," "conventionalist relativism," "institutional guidance," "regulatory guidance and compliance," "political advocacy," "functionalism," and "principlism." None succeed in identifying a unique area of expertise for successful bioethicists that could serve as a basis for making it a new discipline. Rather expertise in bioethics is rooted in many professions, disciplines and fields and best understood as a second-order discipline.
- Published
- 2006
- Full Text
- View/download PDF
22. Balancing in ethical deliberation: superior to specification and casuistry.
- Author
-
DeMarco JP and Ford PJ
- Subjects
- Casuistry, Conflict, Psychological, Humans, Teaching, Bioethics, Decision Making ethics, Ethical Analysis methods
- Abstract
Approaches to clinical ethics dilemmas that rely on basic principles or rules are difficult to apply because of vagueness and conflict among basic values. In response, casuistry rejects the use of basic values, and specification produces a large set of specified rules that are presumably easily applicable. Balancing is a method employed to weigh the relative importance of different and conflicting values in application. We argue against casuistry and specification, claiming that balancing is superior partly because it most clearly exhibits the reasoning behind moral decision-making. Hence, balancing may be most effective in teaching bioethics to medical professionals.
- Published
- 2006
- Full Text
- View/download PDF
23. Defending principlism well understood.
- Author
-
Quante M and Vieth A
- Subjects
- Casuistry, Humans, Intuition, Models, Theoretical, Morals, Bioethics, Ethical Analysis, Logic, Principle-Based Ethics
- Abstract
After presenting the current version of principlism, in the process repudiating a widespread deductivist misinterpretation, a fundamental metaethical disagreement is developed by outlining the deductivistic critique of principlism. Once the grounds for this critique have been understood, the dispute between casuistry, deductivism and principlism can be restructured, and the model of "application" proven to be the central difference. In the concluding section it is argued that principlism is the most attractive position, if the perceptual model of weak intuitionism is made more explicit.
- Published
- 2002
- Full Text
- View/download PDF
24. Consensus on critical care.
- Author
-
Capaldi N
- Subjects
- Casuistry, Consensus, Double Effect Principle, Goals, Guidelines as Topic, Humans, Social Justice, Theology, Withholding Treatment, Catholicism, Critical Care standards, Health Care Rationing standards, Resource Allocation
- Published
- 2001
- Full Text
- View/download PDF
25. The Catholic witness in a post-Christendom era.
- Author
-
Freeman CW
- Subjects
- Casuistry, Double Effect Principle, Guidelines as Topic, Humans, Medical Futility, Social Justice, Theology, Withholding Treatment, Catholicism, Critical Care standards, Health Care Rationing standards, Intensive Care Units, Resource Allocation
- Published
- 2001
- Full Text
- View/download PDF
26. Dax redacted: the economies of truth in bioethics.
- Author
-
Chambers T
- Subjects
- Adult, Beneficence, Burns psychology, Burns therapy, Casuistry, Ethical Theory, Ethicists, Humans, Interdisciplinary Communication, Male, Paternalism, Patient Participation, Personal Autonomy, Principle-Based Ethics, Right to Die, Ethical Analysis, Ethics, Ethics, Medical, Medical Records, Narration, Writing
- Abstract
Most ethicists have paid little attention to the rhetorical features of case presentations. In order to examine the constructed nature of bioethics cases, this paper examines the literary characteristics of four presentations of Donald "Dax" Cowart's story. By comparing tellings of the same case, a pattern of redaction is revealed by which the tellers conceal the very features that would challenge the perspectives taken in their arguments. In conclusion, the issue of the applied nature of bioethics is examined.
- Published
- 1996
- Full Text
- View/download PDF
27. Four approaches to doing ethics.
- Author
-
Levi BH
- Subjects
- Beneficence, Cultural Diversity, Ethics, Clinical, Female, Human Characteristics, Humans, Male, Morals, Personal Autonomy, Philosophy, Medical, Physician-Patient Relations, Politics, Social Responsibility, Social Values, Virtues, Vulnerable Populations, Women's Rights, Casuistry, Ethical Analysis, Ethical Theory, Ethics, Medical, Managed Care Programs, Principle-Based Ethics
- Abstract
Within the field of medical ethics there is a startling amount of diversity regarding which issues and relationships are deemed relevant for ethical inquiry and analysis, what strategies are appropriate for examining and resolving ethical conflict, what should be the goals for medical ethics, even who should participate in that project. What I will try to make clear in this paper is that how we go about this process of doing medical ethics, of examining, reflecting, decisionmaking, and behaving, makes a practical difference, and not just a philosophical one, in terms of the understandings we will reach about ethical matters. Without attempting to resolve any of the conflicts within or between different conceptions of doing ethics, I will try to articulate the differences in orientation, and particularly the tone and educational emphasis, that attend four major contemporary approaches to ethical inquiry and analysis: deductivism, principlism, modern casuistry, and feminist/relationist ethics.
- Published
- 1996
- Full Text
- View/download PDF
28. Towards a two tier health system in the Netherlands: how to put theory into practice.
- Author
-
Van der Wilt GJ
- Subjects
- Advisory Committees, Casuistry, Decision Making, Organizational, Decision Support Techniques, Ethical Analysis, Financing, Organized classification, Health Care Reform, Health Services Needs and Demand, Humans, Insurance, Health economics, Models, Theoretical, Morals, Netherlands, Private Sector, Public Sector, Social Justice, Social Values, Delivery of Health Care economics, Insurance, Health classification, Resource Allocation
- Abstract
The Dutch health care system is developing a two, or multiple, tier system. How can moral principles be of help in assessing whether this is the right track? Instead of dismissing as unhelpful the principles that have been suggested so far and exchanging them for other, usually more complex, principles, it is suggested that the methods of moral inquiry be reconsidered.
- Published
- 1995
- Full Text
- View/download PDF
29. Observations on the epistemological status of bioethics.
- Author
-
Reichlin M
- Subjects
- Beneficence, Bioethical Issues, Casuistry, Cross-Cultural Comparison, Ethical Analysis, Ethical Theory, Ethicists, Ethics, Clinical, Ethics, Medical, Humans, Italy, Morals, Personal Autonomy, Principle-Based Ethics, Social Values, Theology, United States, Virtues, Bioethics, Interdisciplinary Communication, Philosophy
- Abstract
Different definitions of bioethics in American and Italian literature are reported. It is argued that they refer to three different conceptions of the epistemological status of bioethics: the first conceives of it as an application of moral principles to biomedical problems, the second as a methodology for the working out of clinical judgement, the third as a broader and interdisciplinary public inquiry. It is suggested that each approach grasps a part of the truth, for each singles out one level of the bioethical work. Bioethics is in fact a complex, three-level form of knowledge. The misunderstanding of this complexity has led to some confusion and to conflicts of attribution among those who are concerned with it.
- Published
- 1994
- Full Text
- View/download PDF
30. Respondeo: method and content in casuistry.
- Author
-
Wildes KW
- Subjects
- Bioethics, Catholicism, Cultural Diversity, Ethical Theory, Ethics, Clinical, Ethics, Medical, Medicine, Morals, Religion, Social Values, Theology, Casuistry, Ethical Analysis, Ethics, Methods
- Abstract
James Tallmon has argued that my criticisms of Jonsen and Toulmin are ill founded. Tallmon argues that Jonsen and Toulmin argue for a method of rhetorical reasoning and not for a particular content. He argues that if one distinguishes the content and method of casuistry the Jonsen-Toulmin model can work. But Tallmon, like Jonsen and Toulmin, cannot escape the need for casuistry to have a content. Tallmon's response evidences that need since he assumes that there is a 'Medical Community' which has a moral vision.
- Published
- 1994
- Full Text
- View/download PDF
31. How Jonsen really views casuistry: a note on the abuse of Father Wildes.
- Author
-
Tallmon JM
- Subjects
- Cultural Diversity, Ethics, Clinical, Humans, Models, Psychological, Morals, Religion and Psychology, Theology, Casuistry, Catholicism, Ethical Analysis, Ethics, Medical
- Abstract
Kevin Wildes has recently argued in the Journal that Albert Jonsen's model of casuistry is ill-suited to a secular world context, because this model is rooted in a particular history and because of the moral pluralism of contemporary society in which a content-specific method of moral reasoning cannot readily be deployed. Contra Wildes, two arguments are offered. First, casuistry is not tied exclusively to Roman Catholic theology; casuistry also has deep roots in Classical thought, roots that Jonsen and Toulmin underscore. Second, the context of Roman Catholic theology can be distinguished from the method of casuistry, permitting that method to be deployed successfully in morally pluralistic contexts.
- Published
- 1994
- Full Text
- View/download PDF
32. A qualified bioethic: particularity in James Gustafson and Stanley Hauerwas.
- Author
-
McKenny GP
- Subjects
- Casuistry, Cultural Diversity, Ethical Analysis, Ethical Relativism, Ethicists, Humans, Philosophy, Principle-Based Ethics, Protestantism, Social Justice, Social Values, Stress, Psychological, Virtues, Bioethics, Christianity, Ethical Theory, Interdisciplinary Communication, Morals, Religion and Medicine, Theology
- Abstract
Most theoretical approaches in bioethics begin with a theory that articulates and defends basic principles or rules that are more or less systematically related and that seek to yield more or less precise conclusions with regard to specific acts, cases, or policies. Concerns about the agent and descriptions of the context of action stand on the margins of the theory. This is ironic, given the overwhelming importance and impact the training of health care professionals has upon them and upon the practice of health care as a whole, and given the fact that many advocates of the theories themselves concede that one's beliefs and how one describes a situation and weighs "facts" and values relevant to the case strongly determine one's conclusions. While morality may not lead ineluctably to religion, as Kant believed, bioethics does appear inevitably to involve particularity. I examine the work of James M. Gustafson and Stanley Hauerwas to analyze two views of the role of particularity in bioethics. I then show the relevance of their work for addressing some problems with the practicality and concreteness of current models in bioethics.
- Published
- 1993
- Full Text
- View/download PDF
33. Perseverations on a critical theme.
- Author
-
Lustig BA
- Subjects
- Casuistry, Moral Obligations, Paternalism, Personal Autonomy, Philosophy, Bioethics, Ethical Analysis, Ethical Theory, Morals, Principle-Based Ethics
- Abstract
In response to my earlier critique of recent attempts to rebut principlism as an ethical approach, Green, Gert, and Clouser (GG&C) have in turn offered their own critique of my appraisal. This essay identifies eight major criticisms GG&C raise in their response and offers a rejoinder to each. Among them, three are especially important: (1) that the label of 'deductivism' fails to capture GG&C's ethical method and should be replaced by 'descriptivism'; (2) that pluralistic accounts, including principlism, fail to offer any systematic way to resolve moral conflicts; and (3) that appeals to broader 'moral' principles beyond the moral rules are deceiving, since apparent differences in 'moral' judgment invariably involve disagreement about empirical facts rather than further moral considerations. In response to (1), I defend my earlier label by emphasizing the stipulated and invariant status of the moral rules GG&C invoke, even as I question the adequacy of their putative 'descriptivism'. In response to (2), I suggest the plausibility of pluralist approaches and reiterate the modified just-war criteria that Beauchamp and Childress invoke in situations when principles conflict. In response to (3), I suggest that a 'descriptivism' worthy of the name must systematically accommodate the appeal to moral principles that remains central to metaethical and normative discussions.
- Published
- 1993
- Full Text
- View/download PDF
34. Voices and time: the venture of clinical ethics.
- Author
-
Zaner RM
- Subjects
- Clinical Competence, Ethics Consultation, Humans, Interdisciplinary Communication, Philosophy, Medical, Physician's Role, Casuistry, Ethical Analysis, Ethicists, Ethics, Clinical, Ethics, Medical, Physician-Patient Relations, Professional Role, Referral and Consultation
- Abstract
Four prominent views of the nature and methods of clinical ethics (especially in consultation forums) are reviewed; each is then submitted to a criticism intended to show both weaknesses and strengths. It is argued that clinical ethics needs to be responsive to the specific complexities of clinical situations. For this, the need for an expanded notion of practical reason within unique situations is emphasized, one whose aim is to facilitate decision-making on the part of those directly responsible for them and consonant with their own respective moral frameworks and conceptions of what is most worthwhile.
- Published
- 1993
- Full Text
- View/download PDF
35. The priesthood of bioethics and the return of casuistry.
- Author
-
Wildes KW
- Subjects
- Ethical Relativism, Ethicists, Ethics, Clinical, Humans, Philosophy, Postmodernism, Referral and Consultation, Social Values, Theology, Bioethics, Casuistry, Catholicism, Cultural Diversity, Ethical Analysis, Morals, Philosophy, Medical, Religion and Medicine
- Abstract
Several recent attempts to develop models of moral reasoning have attempted to use some form of casuistry as a way to resolve the moral controversies of clinical ethics. One of the best known models of casuistry is that of Jonsen and Toulmin who attempt to transpose a particular model of casuistry, that of Roman Catholic confessional practice, to contemporary moral disputes. This attempt is flawed in that it fails to understand both the history of the model it seeks to transpose and the morally pluralistic context of secular, postmodern society. The practice of casuistry which Jonsen and Toulmin wish to revive is a practice set in the context of a community with a shared set of moral values and structures of moral authority. Without a set of common moral values and rankings, and a moral authority to interpret cases the casuistry of the postmodern age will be pluralistic, that is, there will be many casuistries not just one.
- Published
- 1993
- Full Text
- View/download PDF
36. The method of 'principlism': a critique of the critique.
- Author
-
Lustig BA
- Subjects
- Beneficence, Casuistry, Ethicists, Euthanasia, Euthanasia, Active, Humans, Moral Obligations, Paternalism, Personal Autonomy, Physician-Patient Relations, Social Values, Ethical Analysis, Ethical Theory, Ethics, Medical, Morals, Philosophy, Medical, Principle-Based Ethics
- Abstract
Several scholars have recently criticized the dominant emphasis upon mid-level principles in bioethics best exemplified by Beauchamp and Childress's Principles of Biomedical Ethics. In Part I of this essay, I assess the fairness and cogency of three broad criticisms raised against 'principlism' as an approach: (1) that principlism, as an exercise in applied ethics, is insufficiently attentive to the dialectical relations between ethical theory and mortal practice; (2) that principlism fails to offer a systematic account of the principles of non-maleficence, beneficence, respect for autonomy, and justice; and (3) that principlism, as a version of moral pluralism, is fatally flawed by its theoretical agnosticism. While acknowledging that Beauchamp and Childress's reliance upon Ross's version of intuitionism is problematic, I conclude that the critics of principlism have failed to make a compelling case against its theoretical or practical adequacy as an ethical approach. In Part II, I assess the moral theory developed by Bernard Gert in Mortality: A New Justification of the Moral Rules, because Gert has recommended his approach as a systematic alternative to principlism. I judge Gert's theory to be seriously incomplete and, in contrast to principlism, unable to generate coherent conclusions about cases of active euthanasia and paternalism.
- Published
- 1992
- Full Text
- View/download PDF
37. Moving forward in bioethical theory: theories, cases, and specified principlism.
- Author
-
Degrazia D
- Subjects
- Ethicists, Ethics, Humans, Moral Obligations, Patient Participation psychology, Personal Autonomy, Physician-Patient Relations, Social Values, Casuistry, Ethical Analysis, Ethical Theory, Ethics, Medical, Morals, Philosophy, Medical, Principle-Based Ethics
- Abstract
The field of bioethics has deployed different models of justification for particular moral judgments. The best known models are those of deductivism, casuistry, and principlism (under one, rather limited interpretation). Each of these models, however, has significant difficulties that are explored in this essay. An alternative model, suggested by the work of Henry Richardson, is presented. It is argued that specified principlism is the most promising model of justification in bioethics.
- Published
- 1992
- Full Text
- View/download PDF
38. Who is entitled to double effect?
- Author
-
Boyle J
- Subjects
- Casuistry, Catholicism, Ethics, Medical, Health Care Rationing, Humans, Patient Advocacy, Patient Selection, Religion and Medicine, Resource Allocation, Bioethical Issues, Double Effect Principle, Ethical Analysis, Ethical Theory, Ethics, Intention, Morals, Philosophy, Medical, Therapeutics adverse effects
- Abstract
The doctrine of double effect continues to be an important tool in bioethical casuistry. Its role within the Catholic moral tradition continues, and there is considerable interest in it by contemporary moral philosophers. But problems of justification and correct application remain. I argue that if the traditional Catholic conviction that there are exceptionless norms prohibiting inflicting some kinds of harms on people is correct, then double effect is justified and necessary. The objection that double effect is superfluous is a rejection of that normative conviction, not a refutation of double effect itself. This justification suggests the correct way of applying double effect to controversial cases. But versions of double effect which dispense with the absolutism of the Catholic tradition lack justification and fall to the objection that double effect is an unnecessary complication.
- Published
- 1991
- Full Text
- View/download PDF
39. The 'voice of care': implications for bioethical education.
- Author
-
Carse AL
- Subjects
- Beneficence, Casuistry, Curriculum, Interdisciplinary Communication, Moral Obligations, Personal Autonomy, Personhood, Social Justice, Social Values, United States, Ethical Analysis, Ethical Theory, Ethics, Medical education, Moral Development, Morals, Virtues
- Abstract
This paper examines the 'justice' and 'care' orientations in ethical theory as characterized in Carol Gilligan's research on moral development and the philosophical work it has inspired. Focus is placed on challenges to the justice orientation--in particular, to the construal of impartiality as the mark of the moral point of view, to the conception of moral judgment as essentially principle-driven and dispassionate, and to models of moral responsibility emphasizing norms of formal equality and reciprocity. Suggestions are made about the implications of these challenges, and of the care orientation in ethics, for the ethical theory taught, the issues addressed, and the skills and sensitivities encouraged through bioethical education.
- Published
- 1991
- Full Text
- View/download PDF
40. American moralism and the origin of bioethics in the United States.
- Author
-
Jonsen AR
- Subjects
- Advisory Committees, Beneficence, Casuistry, Cultural Diversity, Education, Medical, Undergraduate, Ethical Analysis, Ethical Relativism, Ethicists, History, 18th Century, History, 19th Century, History, 20th Century, Personal Autonomy, Social Values, Theology, United States, Virtues, Bioethics history, Morals
- Abstract
The theology of John Calvin has deeply affected the American mentality through two streams of thought, Puritanism and Jansenism. These traditions formulate moral problems in terms of absolute, clear principles and avoid casuistic analysis of moral problems. This approach is designated American moralism. This article suggests that the bioethics movement in the United States was stimulated by the moralistic mentality but that the work of the bioethics has departed from this viewpoint.
- Published
- 1991
- Full Text
- View/download PDF
41. Getting down to cases: the revival of casuistry in bioethics.
- Author
-
Arras JD
- Subjects
- Bioethical Issues, Cultural Diversity, Ethical Theory, Morals, Bioethics, Casuistry, Ethical Analysis
- Abstract
This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modern-day casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the 'open texture' of its principles, etc.) and discusses some problems with casuistry as an 'anti-theoretical' method. It is argued that casuistry so defined is 'theory modest' rather than 'theory free' and that ethical theory can still play a significant role in casuistical analysis; that casuistical analyses will encounter conflicting 'deep' interpretations of our social practices and institutions, and are therefore unlikely sources of increased social consensus on controversial bioethical questions; that its conventionalism raises questions about casuistry's ability to criticize norms embedded in the societal consensus; and that casuistry's emphasis upon analogical reasoning may tend to reinforce the individualistic nature of much bioethical writing. It is concluded that, not-withstanding these problems, casuistry represents a promising alternative to the regnant model of 'applied ethics' (i.e., to the ritualistic invocation of the so-called 'principles of bioethics'). The pedagogical implications of casuistry are addressed throughout the paper and include the following recommendations: (1) use real cases, (2) make them long, richly detailed and comprehensive, (3) present complex sequences of cases, (4) stress the problem of 'moral diagnosis', and (5) be ever mindful of the limits of casuistical analysis.
- Published
- 1991
- Full Text
- View/download PDF
42. Bioethics education: diversity and critique.
- Author
-
McCullough LB and Jonsen AR
- Subjects
- Casuistry, Curriculum, Ethical Analysis, Ethical Theory, Ethics, Clinical, Interdisciplinary Communication, Moral Development, United States, Ethics, Medical education
- Published
- 1991
- Full Text
- View/download PDF
43. Clinical judgment and bioethics: the decision making link.
- Author
-
Wright RA
- Subjects
- Beneficence, Casuistry, Cultural Diversity, Ethical Relativism, Ethical Theory, Judgment, Personal Autonomy, Social Values, Teaching, Decision Support Techniques, Ethical Analysis, Ethics, Medical education, Interdisciplinary Communication
- Abstract
The literature on bioethics is diverse and confusing in its treatment of appropriate components for decision making. As a result, the literature on teaching bioethics is also confusing, even contradictory, in presenting an 'appropriate' framework within which learners may come to understand the nature and process of bioethics. The article sets out five decision components which are seen as common to all decision making. These components are then shown to have a significant influence both on bioethics decision making and on bioethics teaching. They are also shown to play a role in breaking down the separatism evidenced in contemporary bioethics literature aimed at individual professions.
- Published
- 1991
- Full Text
- View/download PDF
44. What is applied about "applied" philosophy?
- Author
-
Kopelman LM
- Subjects
- Biology, Casuistry, Euthanasia, Passive, Humans, Medical Laboratory Science legislation & jurisprudence, Sociobiology, United States, Ethical Analysis, Ethics, Morals, Philosophy
- Abstract
"Applied" is a technical term describing a variety of new philosophical enterprises. The author examines and rejects the view that these fields are derivative. Whatever principles, judgments, or background theories that are employed to solve problems in these areas are either changed by how they are used, or at least the possibility exists of their being changed. Hence we ought to stop calling these endeavors "applied", or agree that the meaning of "apply" will have to include the possibility that what is applied may be changed. The so-called applied fields of philosophy, therefore, are not derivative. The strongest cases to the contrary are the foundationalist views that what we apply is epistemically privileged. Different foundationalist views take different principles, judgments, or background theories to be epistemically privileged. Strong and weak versions of each of these foundationalist views are considered but none establish these fields as derivative.
- Published
- 1990
- Full Text
- View/download PDF
45. Casuistry [Part II]
- Author
-
Thomas De Quincey
- Subjects
Literature ,business.industry ,Casuistry ,Philosophy ,business - Published
- 1840
46. Drawing lines: the abortion perplex and the presuppositions of applied ethics.
- Author
-
Weston A
- Subjects
- Beginning of Human Life, Casuistry, Female, Feminism, Humans, Maternal-Fetal Relations psychology, Pregnancy, Pregnant Women, Wedge Argument, Abortion, Induced ethics, Ethical Analysis, Fetus, Personhood, Philosophy
- Published
- 1984
47. Making Mortal Choices : Three Exercises in Moral Casuistry
- Author
-
Hugo Adam Bedau and Hugo Adam Bedau
- Subjects
- Casuistry, Decision making--Moral and ethical aspects--Case studies
- Abstract
The answer, to crew and passengers aboard the sinking lifeboat, must have seemed both grimly obvious and unthinkably alien. To save the lives of many, the lives of some would have to be sacrificed. With seawater crashing over the gunwhales, only a lightening of the human cargo would keep the craft afloat. In a procedure that took much of the night, fourteen men and two women were consigned to watery graves. This notorious event, aftermath to the sinking of the William Brown in 1841, represents a shocking example of life and death decision-making, a case where cruel circumstance would seem to argue the permissibility of taking innocent human life. In Making Mortal Choices, philosopher Hugo Bedau examines this case as well as two similar cases of hypothetical origin, generating a remarkably clear and accessible demonstration of philosophical reasoning in cases where it must be decided who ought to survive when not all can. Bedau's approach, a form of practical ethics descended from the ancient (and oft-misunderstood) method of casuistry, involves solving complex moral problems in careful analytic increments and only after a broad canvassing of possibilities, rather than through the top-down application of some general moral theory or principle. Aimed at both general readers and philosophers interested in the revival of casuistic method, Making Mortal Choices illuminates not only how we reason in life and death situations, but also how we ought to reason if we wish both to be consistent and to properly respect human life.
- Published
- 1997
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.