Mark C. Murphy

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered a form of consent – that makes political institutions practically authoritative.

It is often claimed that John Finnis's natural law theory is detachable from the ultimate theistic explanation that he offers in the final chapter of Natural Law and Natural Rights. My aim in this paper is to think through the question of the detachability of Finnis's theistic explanation of the natural law from the remainder of his natural law view, both in Natural Law and Natural Rights and beyond. I argue that Finnis's theistic explanation of the natural law as actually presented can be, without too much strain, treated as largely detachable in the way that his readers have by and large supposed it to be; indeed, Finnis's account as actually presented really amounts to no explanation of the natural law at all, theistic or otherwise, and that fact accounts in part for the ease with which Finnis's natural law view can be detached from theism of that final chapter. Nevertheless, the considerations raised in that chapter militate in favor of a much more thoroughgoing, largely nondetachable theistic account. And it is just such an account that we find Finnis affirming in the development of his views after Natural Law and Natural Rights.

My aim is to defend the conscience principle: One ought never to act against the dictates of one’s conscience. In the first part of this paper, I explain what I mean by “conscience” and “dictate of conscience,” and I show that the notion that the conscience principle is inherently anti-authoritarian or inherently fanatical is mistaken. In the second part, I argue that the existence of mistaken conscience does not reduce the conscience principle to absurdity. In the third part, I present two arguments for the plausibility of that principle.

I want to begin by expressing misgivings about a standard way of making out a claim for the dependence of morality on God, misgivings that I do not have about a somewhat less standard way of arguing for this dependence. I will then consider a guiding maxim for how to proceed along this less standard way, a maxim that I draw from Suárez’s account of the relationship between divine activity and the activity of secondary causes. I then sketch one way of conceiving the dependence of morality on God that fits well with this Suarezian maxim.

Throughout his excellent book One Body, Alex Pruss relies upon the view that there is a requirement of universal love: each and every one of us is required to love each and every one of us. Although he often appeals to revealed truth in making arguments for his various theses, he supports the requirement of universal love primarily through a philosophical argument, an argument that I call the “argument from responsiveness to value.” The idea is that all persons bear a sort of nonrelational value, and because this value gives every agent reasons to respond to it positively, each and every person is bound to love each and every person. The aim of this paper is to criticize this argument. Pruss’s argument has two important gaps, one concerning the sort of reasons that the value of persons gives and one concerning whether the required response is the response of love.

Philosophical anarchism is the thesis that there is no moral requirement to obey the law. I challenge philosophical anarchism by showing that there is a consent account of political obligation, two proponents of which are Hobbes and Aquinas, that manages to avoid criticisms leveled by the philosophical anarchists against consent theories as a class. ;The philosophical anarchists purport to have refuted every plausible account of political obligation; they also claim that no important practical consequences follow from the absence of this obligation. If there are no plausible candidates other than the particular theories attacked by the philosophical anarchists, then philosophical anarchism is the most defensible view. I argue, however, that the absence of political obligation would have quite serious practical consequences. The conjunction of these theses is sufficient to motivate the search for a more defensible account of the obligation to obey the law. ;I argue that there is a more defensible account of the obligation to obey the law present in the works of Hobbes and Aquinas. Although Hobbes is often viewed as initiating a wholesale rejection of earlier political theories, Aquinas' and Hobbes' views share a common form. For both Hobbes and Aquinas, the institution of political authority and the obedience to its dictates are necessary for securing certain goods--for Hobbes, self-preservation; for Aquinas, the common good. These goods are necessary constituents of each person's good. I argue, though, that for both Hobbes and Aquinas the crucial notion of obligation is that in which one is obligated to perform action $\phi$ if and only if performance of $\phi$ is necessary for the achievement of one's individual good. That each person is obligated to obey the law, then, results from obedience's being necessary for the securing of one's own good. ;I conclude by considering the objection that even if Hobbes' and Aquinas' form of argument avoids the philosophical anarchists' criticisms, the particulars of those accounts make rational allegiance to them impossible. Even if the particulars are rejected, though, their strategy presents a live and important option in the attempt to formulate a defensible account of political obligation

In lieu of an abstract, here is a brief excerpt of the content:NATURAL LAW, IMPARTIALISM, AND OTHERS' GOOD* MARK C. MURPHY Georgetown University Washington, D.C. The title of a recent article by Henry Veatch and Joseph Rautenberg asks "Does the Grisez-Finnis-Boyle Moral Philosophy Rest on a Mistake?'"; the answer that the text of that article produces is, unsurprisingly, "Yes." Veatch and Rautenberg argue that despite superficial similarities between the moral theory defended by Germain Grisez, John Finnis, and Joseph Boyle and the eudaimonist moral theories defended by Aristotle and Aquinas, the Grisez-Finnis-Boyle (hereafter "GFB") view is more akin to utilitarian impartialism than to Aristotelian or Thomistic eudaimonism. I shall argue that although Veatch and Rautenberg are correct to label the GFB view a type of impartialism, they misunderstand both the character of its impartialism and the mistake on which it rests. A clearer understanding of what is at issue between impartialist and eudaimonist natural law theories will bring into focus the severity of the problem faced in trying to decide between these accounts. I Call the thesis that all correct practical reasoning proceeds from one's own good as a principle "eudaimonism"; call the thesis that all correct practical reasoning proceeds from the good * I owe a debt of gratitude to Melissa Barry, Lenn Goodman, Trenton Merricks, and (especially) Thomas Williams for their comments on early drafts of this article. 1 Henry Veatch and Joseph Rautenberg, "Does the Grisez-Finnis-Boyle Moral Philosophy Rest on a Mistake?" Review of Metaphysics 44 (1991): 807-830. 53 54 MARK C. MURPHY impartially considered "impartialism." As Veatch and Rautenberg point out, the GFB view endorses impartialism: from the point of view of practical reason, whether a good is instantiated in you or in me makes no difference.2 This impartialism places the GFB view on the side of the utilitarians against the eudaimonism of Aristotle and Aquinas. That Grisez, Finnis, and Boyle part ways with Aristotle and Aquinas on this issue is, of course, no argument against the GFB view. Veatch and Rautenberg attempt to call the GFB impartialism into question, though, by arguing both that the GFB impartialism has absurd consequences and that the argument by which Grisez, Finnis, and Boyle reach the impartialist thesis contains plain errors. Veatch and Rautenberg hold that the impartialism advocated by the GFB view is a result of modern moral philosophy's disconnecting the concept of a good from that of human needs, desires, and interests: The notion of 'good' [on the 'modern' view] needs to be denatured and completely dissociated from all reference to our liking, desiring, or finding pleasing those things which we take to be good. Instead, all 'goods' are to be converted into so many 'oughts', and as 'oughts' they are to be furthered and pursued.3 On the modern view, to assert that pleasure is a good is to assert only that pleasure ought to be promoted; to say that knowledge is a good is to say only that knowledge ought to be pursued. From this sundering of the relationship between the idea of a good and that of human needs and interests it is a small step 2 Although both utilitarianism and the GFB view endorse impartialism, they differ importantly in that utilitarianism is consequentialist whereas the GFB view is not. To move from the impartialist thesis that the good impartially considered is the starting point for practical reason to the utilitarian thesis that one ought to act so as to maximize overall goodness requires, among other presuppositions, the assumption that another's good and my own are commensurable. This premise the GFB view denies; no two instantiations of basic values between which choice is possible are commensurable. See Germain Grisez, Joseph Boyle, and John Finnis, "Practical Principles, Moral Truth, and Ultimate Ends," American Journal ofJurisprudence 32 (1987): 99-151, esp. 110.· 1 Veatch and Rautenberg, "Grisez-Finnis-Boyle Moral Philosophy," 816. NATURAL LAW, IMPARTIALISM, AND OTHERS' GOOD 55 indeed to impartialism: once goods are no longer such in virtue of anyone's needing or desiring them, there is no reason to promote one's own good over that of anyone else: "Instead, all goods having now been converted into so many 'oughts', it would seem to...

In addressing objections to the theological voluntarist program, the consensus response by defenders of theological voluntarism has been to affirm a restricted theological voluntarism on which some, but not all, important normative statuses are to be explained by immediate appeal to the divine will. The aim of this article is to assess the merits and demerits of this restricted view. While affirming the restricted view does free theological voluntarism from certain objections, it comes at the cost of committing the theological voluntarist to the view that no theses about the divine nature itself could alone be sufficient to motivate a theological voluntarist thesis about any normative status. And when we examine the case for a theological voluntarist account of any particular normative status – say, rightness, or obligatoriness – there are severe difficulties with that case as it stands. It is thus unclear whether the theological voluntarist program of providing good reasons to affirm a voluntarist explanation of non‐trivially‐theistic normative statuses has borne fruit

Tacit consent theories of political obligation have fallen into disfavor. The difficulties that plague such accounts have been well-known since Hume's "Of the Original Contract"1 and have recently been forcefully reformulated by M. B. E. Smith, A. John Simmons, and Joseph Raz.2 In this article, though, I shall argue that Hobbes' version of the argument from tacit consent escapes the criticisms leveled by Hume, Smith, Simmons, and Raz against tacit consent theories as a class. Crucial to my defense of this claim will be a certain interpretation of Hobbes' account of covenants, an account quite different than that presupposed by the opponents of the argument from tacit consent

This article examines morality and divine authority in the context of the question of whether God – that is, God's existence, nature, or activity – explains morality. It begins with some clarifying remarks about the meaning of ‘God’, ‘morality’, and ‘explains’. The article then evaluates the Theistic Explanation of Morality: for every moral fact, there is some fact about God that explains it. Defences of this thesis might appeal to rather different sorts of relationship between moral and theistic facts, and some of those differences are discussed.

The Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law. Enlivened with numerous, everyday examples to illustrate various concepts of law. Employs the idea of three central commonplaces about law - that law is a social matter, that law is authoritative, and that law is for the common good - to organize seemingly disparate topics and to bring rival views into contention with each other. The first volume in the Fundamentals of Philosophy series, in which leading philosophers explore the fundamental issues and core problems in the major sub-disciplines of philosophy

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.

It seems to be a widely shared view that any defensible desire-fulfillment theory of welfare must be framed not in terms of what an agent, in fact, desires but rather in terms of what an agent would desire under hypothetical conditions that include improved information. Unfortunately, though, such accounts are subject to serious criticisms. In this paper I show that in the face of these criticisms the best response is to jettison any appeal to idealized information conditions: the considerations put forward in support of the appeal to what would be desired in hypothetical circumstances of improved information do not, in fact, give adequate reason to make that appeal.