Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser.
Religions, 2023
The existence of evil in a world created by God raises very difficult questions to answer. Under the inspiration of Thomistic philosophy, in this article we face this problem first of all “from below”, trying to understand the meaning of physical evils in living nature, especially in animals (pain, aggressive interactions). Secondly, in thinking of the enormous amount of moral evil in the human world, we consider the biblical faith in original sin as illuminating. We examine some points of Thomas Aquinas in this regard, especially his thesis that the physical cosmos is not affected by original sin and that the loss of man’s primitive happy situation involves a contradiction between his spiritual aspirations and his mortal nature subject to limits and suffering. This situation is remedied by the help God gives man through his ordinary Providence, which includes a personal struggle against evil, and above all through his salvific plan which we know thanks to the biblical faith.
The moral and legal authority to claim dominion over one’s own life is at the heart of the debate concerning assisted suicide. Such authority is fueled by a sense of culture that increasingly views the right to autonomy as a paramount value that trumps other values such as the sanctity or intrinsic value of life. In contrast, the Christian vision of humanity has viewed autonomy or liberty as a limited value in the service of promoting an authentic vision of human flourishing . Free will and rational choice exist in order to allow the human person a freedom to response to God’s calling of union with Him in eternal life. The path forged by choices made concerning the course of our earthly life are constitutive of our decision’s to accept or reject the wisdom of His creation. The first part of this paper proceeds, firstly, with a exposition of the Catholic tradition’s understanding of the relationship between the human person and the Lord of Life and Death. It starts with the foundations of the Catholic faith contained in revelation from Sacred Scripture. The human person is made in the image and likeness of God. Life is a freely given gift from God to be treasured and reverenced. It explores the theme of God’s dominion over our lives and the responsibilities of stewardship entailed by God’s loving gift. It proceeds to show how the anthropology contained in Sacred Scripture has been developed in the tradition. Whilst that tradition places unique faith in the light of revelation, it stresses the ability of the light of reason to apprehend profound truths concerning the nature of the human person that encompasses the intrinsic good of human life. The thought of two key Church Fathers is drawn upon to illustrate the central lines of thought concerning the natural law tradition. It also draws upon the pronouncements of the Church’s Magisterium. The second part of the paper considers challenges to this tradition in favour of suicide and assisted suicide. It firstly, considers challenges from Sacred Scripture, and a different interpretation of the relationality between the human person and God’s dominion over life. Secondly, it advances the case against the sanctity of life ethic contra the tradition. Such accounts are either consequentialist or represent a mixed system of prima facie duties and consequences. Thirdly, it then moves on to consider critiques derived from the value of autonomy. The final critique considered is the rejection of the traditional distinction drawn between intention/foresight that forms an indispensable part of double effect reasoning. The third part of the paper, constitutes a critique of the case in favour of suicide and assisted suicide. It responds to the challenges posed by the second part of the paper. It seeks to argue that the theological critiques of God’s dominion are ill founded. Secondly, it seeks to challenge the argument that life is a non-intrinsic value that can be directly acted against. Thirdly, it argues against the tendency to conceptualise the values of autonomy as a trump over the value of human life since it should be regarded as an instrumental value in the service of authentic human flourishing. Fourthly, it seeks to respond to the critique of the intention/foresight distinction that underpins the use of double effect reasoning in conflict situations.
Open Theology
This article offers a critical re-evaluation of the role of death in Christian theology, especially as it is viewed in light of the incarnation. It situates the problem of death as an extension of the problem of evil and analyses the classical responses to this problem in the Western Christian tradition. From here, it brings in the theological “minority report” on the role of death that runs through the Western tradition, ultimately using it as a springboard for a constructive repositioning of death as a potential locus of encountering the benevolence of God in Christ.
This is the second and final volume of Jacques Derrida's seminar on the death penalty, given at the École des hautes études en sciences sociales (Paris) from December 2000-March 2001. (The first volume of the seminar, covering the previous year's lectures, was published in both French and English (and reviewed in this journal). In this second volume, Derrida argues that justifications for retributive justice and the death penalty (DP) are indissociable and that this poses a particular problem for death penalty abolition. If retributivism and DP are indissociable, then abolition of DP would necessarily involve a radical re-assessment of the value and meaning of retribution. Insofar as this has not occurred—even where we have seen de jure abolition—we should, Derrida suggests, be suspicious of progressivist interpretations of global trends towards abolition. Before turning to its main claims, some context for this seminar. Derrida's two-year research project on the death penalty was his penultimate seminar; it was followed by the Beast and the Sovereign (2001-2003) and preceded by Perjury and Pardon (1997-1999). Broadly speaking, in these seminars Derrida is concerned with traditional attributes of sovereign power: the right to take life—to let live or let die—to pardon, to penalize, and punish. The constellation of questions around sovereignty connects Derrida's late research to Michel Foucault's work on disciplinary and bio-power, and Agamben's work on sovereignty, political theology and, more specifically, homo sacer. Though Derrida does little to bring the results of his research in conversation with these other philosophers, these seminars provide rich material for scholars interested in making these connections explicit. This volume will be of particular interest to those interested in how Derrida's work on sovereignty intersects with Continental philosophers such as Foucault and Agamben, and to Derrida scholars interested in this last phase of his thought. It should also be of interest to at least two other groups: 1) those concerned with philosophical justifications for retributive justice and 2) scholars working in the area of political theology interested in tracing what Derrida refers to as the " filiation " between philosophical, theological and political ideas about power and punishment. **** Philosophical accounts of retribution distinguish between legitimate forms of retribution—legally administered punishment based on the principle of jus talionis—and illegitimate forms of retribution—based on desire for revenge, or blood-lust. In terms of jus talionis, Derrida writes, the death penalty (DP) is " the legal phenomenon, distinct from simple murder in principle, intention, and spirit, distinct from vengeance and sacrifice, inscribed in a law applied by a state " (40). As this definition makes explicit, the principle of retributive justice is rigorously distinguished from vengeance or sacrifice. Jus talionis, like for like or " eye for an eye " demands penalties unstintingly proportioned to guilt.
The question of whether and how one might reconcile the existence of evil and suffering with the goodness of the divine, long considered the most formidable objection against the existence of God, was familiar to St. Thomas Aquinas. 1 The version of the problem to which St. Thomas responds, in the article containing his famous five ways, asserts succinctly an absolute opposition between the infinite goodness of God and the existence of any evil, such that if there were a God, then no evil would be found in the world. 2 To this objection, St. Thomas replies that "it pertains to the infinite goodness of God to permit evils and to draw good things out of them." 3 As with other perennial philosophical problems, there can be as much disagreement about how to articulate the problem of evil as there is about whether and how the problem might be resolved. St. Thomas's brief formulation of the problem, which centers on the alleged inconsistency of the existence of evils with the infinite divine goodness, leaves much room for interpretation and constructive elaboration. Furthermore, the problem of evil and the question of theodicy are closely tied to a wide range of philosophical and theological issues treated by St.
Modern Theology, 2022
David Bentley Hart has recently argued that universal salvation is a metaphysically necessary outcome of God's act of creating rational beings. A crucial premise of Hart's argument is a compatibilist view of free will, according to which God can determine human choices without taking away their freedom. This view constitutes common ground between Hart and the tradition of classical Thomism, which emphasizes the non-competitive relation between human freedom and God's universal causality. Unfortunately, Thomistic compatibilism undermines the so-called Free Will Defense, which is often considered to be the only viable way of responding to contemporary criticism of the doctrine of hell. Can the existence of hell be reconciled with God's goodness given a Thomistic conception of rational freedom? This question is of interest not only to followers of Aquinas but to anyone who rejects a 'zero-sum competition' between freedom and grace, and who also believes that divine revelation confirms the possibility of perdition. The present article proposes an alternative to the Free Will Defense-called The Thomistic Autonomy Defense-which aims to block Hart's arguments for the necessity of universal salvation.
Law, Culture and the Humanities , 0
In recent decades, the U.S. Supreme Court has increasingly privileged religious beliefs in determining the applicability of U.S. laws. To sustain these claims, the Court has turned to the distant past. This paper explores a medieval parallel to the Texas “future dangerousness” standard which requires jurors to predict whether a capital defendant will pose a future threat to society. Framed as a secular issue, the standard’s religious overtones were made manifest with the conversion of death-row inmate, Karla Faye Tucker. Certain Texas officials justified denying her clemency petition by asserting that judgments about the soul are reserved for divine authority. Medieval Christian sources provide support for this belief, but operate to constrain state power--especially where the potential punishment is death. Juxtaposing the medieval reasoning against the Supreme Court’s recent use of historical and religious sources raises some provocative questions.
This paper attempts to establish that capital punishment is not rational and cannot be rationalized without suicidally destroying the very ground on which lawful and rational punishment bases itself. It argues that in capital punishment, just as in any lawful punishment, the criminal is both held (humanly) rational and therefore culpable. But, unlike other forms of punishment, in capital punishment, the condemned is at the same time, held as irrational and irredeemable, beyond reform, and therein outside the ambit of rationality and humanity. In this sense a fundamental aporia is reached in rationalizing capital punishment because of the contradiction between the basis of punishment (the human as rational) and its operational logic (the condemned person as beyond reform therein irrational). Expressed another way, the judge proclaims a form of infallibility in their reasoning where the incorrigibility of the judgment is horrifically demonstrated and ironically reflected (and projected) in the incorrigibility of the condemned. This broad argument is pursued in two parts; one part interprets canonical texts such as Hobbes, Hegel and Foucault, while the second part interprets the Supreme Court of India's jurisprudence around the death penalty. While these are very different discourses it will be shown that they share much common ground in their expressing-and negotiating-the fundamental problem as described above.
Business Horizons, 2014
Bulletin de la Société préhistorique française, 2019
EL DICTAMEN PERICIAL Y METAPERICIAL EN EL PROCEDIMIENTO JUDICIAL CHILENO, 2023
Studia Ekonomiczne Uniwersytet Ekonomiczny W Katowicach, 2014
Business and Economic Research, 2020
European Journal of Obstetrics & Gynecology and Reproductive Biology, 2018
2017 IEEE International Conference on Internet of Things (iThings) and IEEE Green Computing and Communications (GreenCom) and IEEE Cyber, Physical and Social Computing (CPSCom) and IEEE Smart Data (SmartData)
Gastrointestinal Endoscopy, 2004
IEEE Instrumentation & Measurement Magazine, 2018
Construction and Building Materials, 2018
RevSALUS - Revista Científica da Rede Académica das Ciências da Saúde da Lusofonia