Portal de Periódicos da CAPES

Common Law Morality

1990; Wiley; Volume: 20; Issue: 4 Linguagem: Inglês

10.2307/3562766

1552-146X

John D. Arras, Albert R. Jonsen, Stephen Toulmin,

Legal Education and Practice Innovations

Arras reviews A.R. Jonsen and S. Toulmin's The Abuse of Casuistry: A History of Moral Reasoning (University of California Press; 1988). Jonsen and Toulmin, both of whom worked with the federal National Commission for the Protection of Human Subjects, critique the role of ethical theory in practical deliberation and attack the belief that moral theories are "universal, mutually exclusive sources of...ethical truth." They argue that "all genuine ethics is already concrete and particular," and champion casuistical reasoning with its emphasis on particularity and practical judgment. Arras find The Abuse of Casuistry to be "a fascinating and thought-provoking study of moral methodology that will enrich our understanding of moral reasoning and quicken the ongoing debate over the appropriate role of ethical theory in bioethical analysis." He questions, however, the authors' faith in casuistry as the means to achieve social consensus on biomedical controversies.