Reclaiming “Natural Partnership and Communication”

The massive scale of forced displacement across the globe discloses the fractured state of the modern international order. Francisco de Vitoria’s theological approach to the law of nations, in the context of the Spanish conquest of the Americas, had a significant influence on this order’s development. This paper argues that recovering his innovative insights today can help refurbish a collective sense of international responsibility for refugees. Vitoria’s bold assertion of indigenous Americans’ dominion affirmed all human beings as members of a world commonwealth with equal claims to basic rights. The “right to travel” he articulated, by its orientation to “natural partnership and communication,” can promote refugee rights and global fraternity.     

How Shall We Read the History of Ethics?

This response suggests that in writing the history of ethics, it is important to take seriously what the principals wrote and believed, distinguishing it carefully from our own responses to their writings, or from subsequent uses to which their writings may have been put. For example, when reading Thomas Aquinas and Francisco de Vitoria on just war against non‐Christian peoples, forcible conversion and conquest are clearly condemned. Whatever the attitudes of their contemporaries, not to mention later thinkers up to the present, there is no foundation in Aquinas and Vitoria for holy war or “exceptionalism,” American or otherwise.     

Property rights, genes, and common good

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property.     

A Whig History of Ethic: A Review of The Invention of Autonomy by J. B. Schneewind

J. B. Schneewind's The Invention of Autonomy has been hailed as a major interpretation of modern moral thought. Schneewind's narrative, however, elides several serious interpretive issues, particularly in the transition form late medieval to early modern thought. This results in potentially distorted accounts of Thomas Aquinas, Hugo Grotius, and G. W. Leibniz. Since these thinkers play a crucial role in Schneewind's argument, uncertainty over their work calls into question at least some of Schneewind's larger agenda for the history of ethics.     

A Response to G. Scott Davis

This defense of my essay on Vitoria and Suárez argues that my use of the term “religious war” is based on religious authority at least as much as religious cause, and that Davis’s decision to discuss only Vitoria limits his ability to come to terms with my thesis. To Davis’s argument that for Vitoria war was justified against the Indians only as a necessity of simple justice and to protect the innocent, I argue that his disjunction between simple justice and religious cause is a false one that fails to come to term with the church’s primary reason for approaching Indians, with the Thomistic understanding of the relation between nature and grace and between reason and revelation, and with the distinction between what justice requires in relation to the church and Christians and what it requires for others. I explain finally that my claim is not that the Catholic political rulers readily responded to papal calls for war except when it was in their interest, but that papal war was central to the normative just‐war tradition of the church in canon law and among major theologians like Vitoria and Suárez.     

Facing Down the Representation of An Impossibility: Indigenous Responses to a ‘Universal’ Problem in the Repatriation Context

This paper explores the ways Native Americans and Native Hawiians have responded to what Ernesto Laclau has called ‘the representation of an impossibility’—the discursive crisis faced by non-dominant groups who seek to advance rights claims in ways that are culturally rooted but universally audible to ideologically dominant audiences. Taking the NAGPRA law of 1990 as its case study, this paper asserts the need for a re-theorisation of indigenous religious discourse in order to illuminate the ways native peoples build rather than concede agency through self-representations in the current political moment. Pursuing this argument, the paper charts an analytical course specifying the relationship of rights claims to discourse, hegemony, articulation, tradition, and religion. The paper then focuses upon specific examples of religious claims in the context of the Native American Graves Protection and Repatriation Act to demonstrate the ways Native Americans have faced down an ‘impossibility’.     

Three Models of Global Community

Debates about global justice tend to assume normative models of global community without justifying them explicitly. These models are divided between those that advocate a borderless world and those that emphasize the self-sufficiency of smaller political communities. In the first case, there are conceptions of a community of trade and a community of law. In the second case, there are ideas of a community of nation-states and of a community of autonomous communities. The nation-state model, however, is not easily justified and is one that has been criticized extensively elsewhere. The model of a community of trade underlies both advocates of market-oriented development and exponents of global schemes of redistribution of resources and incomes. I analyze the work of Charles Beitz, Peter Singer, and Thomas Pogge to show that the assumption that global interdependence is beneficial is poorly justified. The model of a community of law, as seen in the work of Henry Shue and others, is the basis for arguments against state sovereignty and in favor of international human rights regimes. I argue that this model suffers either from a problem of practicability or of hegemony. Finally, the model of a community of autonomous communities uses notions of patriotism and sovereignty to maintain that disengagement and independence are the best routes to global peace and justice.     

BETWEEN EXAMPLE AND DOCTRINEContract Law and Common Morality

In Democracy and Tradition, Jeffrey Stout contends that American constitutional democracy constitutes a well‐functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first‐year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a MacIntyrean tradition. Second, I illustrate the moral richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive.     

The Ethics of Killing in War

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war.

ON THE EVOLUTION OF HUMAN FREEDOM

Abstract. The age–old dilemma of free will and determinism is attacked by proving that both sides are flawed with contingencies, that the notion of eternal law is a theologically tainted projection rather than a reality of the real world that is understood to be evolutionary. Determinism is dissolved into conditionalism. This excludes materialistic scientific explanation of the deterministic style. As it brings forth freedom, evolutionary reality transcends essentially the explanatory possibilities of statistically structured natural laws. The dilemma of determinism and free will based on a logic of contradiction is replaced by an ontology of polarity.     

James Drane's More Humane Medicine: a new foundation for twenty-first century bioethics?

James Drane's More Humane Medicine: A Liberal Catholic Bioethics is an outstanding contribution to the study of bioethics in our day. Catholics and others who are interested in the issues discussed here will benefit from this masterful treatment. The author opens with a set of definitions, starting with what he means by a \"more humane medicine.\" Drane contends that a more humane medicine has become necessary and desired, but not because the traditional medical ethic as \"a self-declared and self-imposed ethic, outlining what noble service to others entails\" is no longer valid. Rather he defines it as an advance on the traditional ethic; a \"new foundation\" based on a \"lived set of obligations derived from a felt commitment to other persons ... an ethics based on the relationship between doctors and patients and essentially an ethics of virtue.\" Drane's work is a \"liberal Catholic Bioethics\" in which he challenges his own faith tradition, the Roman Catholic Church, on such topics as sexuality, birth control, abortion, cloning, stem cell research, aging and dying, and euthanasia and physician-assisted suicide. The present article is a critical essay that analyzes the author's statements and conclusions.     

德性与理性：伦理学为什么可能？——斯多亚主义立场辨思

斯多亚主义是希腊化和罗马时期的重要哲学派别。它对西方思想的贡献在于从自然主义立场修正了“希腊三杰”的理性主义,使理性与自然法、世界主义相联系,将道德建立在普遍法则的基础上,强调了道德的精神力量,并塑造了一系列“理想人格”,这些都对伦理学之可能,提供了理论和实践资源。     

Was Thomas Aquinas a Sociobiologist? Thomistic Natural Law,Rational Goods,and Sociobiology

Abstract. Traditional Darwinian theory presents two difficulties for Thomistic natural‐law morality: relativism and essentialism. The sociobiology of E. O. Wilson seems to refute the idea of evolutionary relativism. Larry Arnhart has argued that Wilson's views on sociobiology can provide a scientific framework for Thomistic natural‐law theory. However, in his attempt to reconcile Aquinas's views with Wilson's sociobiology, Arnhart fails to address a critical feature of Aquinas's ethics: the role of rational goods in natural law. Arnhart limits Aquinas's understanding of rationality to the Humean notion of economic rationality–that “reason is and ought to be the slave of the passions.” On Aquinas's view, rationality discovers goods that transcend the merely biological, viz., the pursuit of truth, virtue, and God. I believe that Aquinas's natural‐law morality is consistent with some accounts of sociobiology but not the more ontologically reductionist versions like the one presented by Wilson and defended by Arnhart. Moreover, Aquinas's normative account of rationality is successful in refuting the challenges of evolutionary relativism as well as the reductionism found in most sociobiological approaches to ethics.