David S. Oderberg

Natural law theory says that humans can only live well if they recognise the goods that are natural for humans, and understand how those goods generate the system of practical guidance that we call morality. Natural law is a long-established and flourishing ethical tradition, with roots in Aristotle and Aquinas, which is increasingly recognised as a worthy competitor to Kantianism, utilitarianism and virtue ethics. The new essays in this collection represent the latest thinking - both constructive and critical - of some of the most important thinkers in the field. And they reflect the growing influence, sophistication, and importance of natural law theory within contemporary ethical debate.

It is a matter of contention whether or not a general explanatory framework for the biological sciences would be of scientific value, or whether it is even achievable. In this paper we suggest that both are the case, and we outline proposals for a framework capable of generating new scientific questions. Starting with one clear characteristic of biological systems – that they all have the potential to make mistakes - we aim to describe the nature of this potential and the common processes that lie behind it. Given that under most circumstances biological systems function effectively, an examination of different kinds of mistake-making provides pointers to mechanisms that must exist to make failure uncommon. This in turn informs a framework for systematic enquiry, which in this paper we apply to the haemostatic system, but which we believe could be applied to any system across biology.

This paper defends partiality as an inherent, essential part of ethical decision-making. First, the concept of charity as a kind of universal benevolence is spelled out, drawing on key ideas from classical religious thinking. I then argue that any justification of partiality must appeal to the good first, rather than rights. There follows a justification of partiality via an argument from the idea of control over the good. The next section seeks to harmonize partialistic preference with universal charity, explaining the concept of love of neighbour. There follows an outline of the key principles required for setting out an order of charity based on different kinds of special relationship. While not all of this theistically driven approach to the order of charity translates easily into secular moral thought, enough does to suggest that the view defended is at the least worthy of consideration and not to be dismissed lightly. At best, it has much in it that is commendable to secular common sense.

Distinguished metaphysicians examine issues central to the high-profile debate between philosophers over how to classify the natural world, and discuss issues in applied ontology such as the classification of diseases. Leading metaphysicians explore fundamental questions related to the classification and structure of the natural world An essential commentary on issues at the heart of the contemporary debate between philosophy and science Interweaves discussion of overarching themes with detailed material on applied ontology

We live in a liberal, pluralistic, largely secular society where, in theory, there is fundamental protection for freedom of conscience generally and freedom of religion in particular. There is, however, both in statute and common law, increasing pressure on religious believers and conscientious objectors (outside wartime) to act in ways that violate their sincere, deeply held beliefs. This is particularly so in health care, where conscientious objection is coming under extreme pressure. I argue that freedom of religion and conscience need to be put on a sounder footing both legislatively and by the courts, particularly in health care. I examine a number of important legal cases in the UK and US, where freedom of religion and conscience have come into conflict with government mandates or equality and anti-discrimination law. In these and other cases we find one of two results: either the conscientious objector loses out against competing rights, or the conscientious objector succeeds, but due to what I consider unsound judicial reasoning. In particular, cases involving cooperation in what the objector considers morally impermissible according to their beliefs have been wrongly understood by some American courts. I argue that a reasonable theory of cooperation incorporated into judicial thinking would enable more acceptable results that gave sufficient protection to conscientious objectors without risking a judicial backlash against objectors who wanted to take their freedoms too far. I also venture into broader, more controversial waters concerning what I call freedom of dissociation – the fundamental right to withdraw from associating with people, groups, and activities. It is no more than the converse of freedom of association, which all free societies recognise as a basic right. How far should freedom of dissociation go? What might society be like if freedom of dissociation were given more protection in law than it currently has? It would certainly give freedom of religion and conscience a substantial foundation, but it could also lead to discriminatory behaviour to which many people would object. I explore some of these issues, before going back to the narrower area of freedom of conscience and religion in health care, making some proposals about how the law could strengthen these basic pillars of a liberal, free society.

This is a brief response to Stephen Buckle's paper 'Biological Processes and Moral Events', Journal of Medical Ethics 14 (1988): 144-7, in which Buckle argues that the continuity of early human development does not preclude there being 'morally significant' events, such as syngamy, that set boundaries for the permissibility of human embryo experimentation. I reply to Buckle that the very continuity at issue does indeed preclude the existence of such 'morally significant' events, and that the Australian Senate Select Committee on Human Embryo Experimentation (1985) was, contra Buckle, not confused about this matter. ERRATUM: middle column, line 3 from bottom: 'fifteen days later' should read 'one day later'.

I am grateful to Dr Stammers and Professor Vacek for their thoughtful commentaries on my paper.1 I will take their points one by one, though in no special order. Given the space available, I will confine myself to their most important remarks. Dr Stammers accuses me of aligning religion and conscience too closely.2 I agree with him that conscience is broader than religion and that the issue of conscientious objection should be framed so as to handle wholly non-religious ethical objections. I wrote, ‘It is essential for the ethics of cooperation not to be seen as necessarily religious in nature in order for it to have proper application to disputed cases, whether or not brought by religious litigants’.3 A potential draftee might be a pacifist and not a religious adherent; the same in healthcare, where one might oppose abortion or euthanasia, say, on secular grounds. The main purpose of my paper is to show that a viable ‘ethics of cooperation’ can be used in all conscientious objection cases where complicity is at stake, whether the objection is religious or not. It is of course right, as Dr Stammers observes, that my ‘methodological neutralist’ will likely bridle at the claim that a top-level primary ethical or religious belief, such as that abortion at 12 weeks is immoral, is beyond a reasonableness test. Notoriously, in our secularised and diverse liberal society, a proposition that seems patently clear to one side of a major ethical debate can seem anything but clear to the other side, who will …

[About the book] Natural law theory says that humans can only live well if they recognise the goods that are natural for humans, and understand how those goods generate the system of practical guidance that we call morality. Natural law is a long-established and flourishing ethical tradition, with roots in Aristotle and Aquinas, which is increasingly recognised as a worthy competitor to Kantianism, utilitarianism and virtue ethics. The new essays in this collection represent the latest thinking - both constructive and critical - of some of the most important thinkers in the field. And they reflect the growing influence, sophistication, and importance of natural law theory within contemporary ethical debate.