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1
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84977345042
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President Jimmy Carter used this quotation in a speech and attributed it to H. L. Mencken. However, the Humanities Section of the Enoch Pratt Library in Baltimore has been unable to locate it in Mencken's works.
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2
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84977313716
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The work of the U.S. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research will be discussed more fully in a paper to be published in a forthcoming Hastings Center volume on the “closure” of technical and scientific discussions.
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3
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84977382153
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So, at any rate, current legend reports. On the other hand, having worked through the files of the Journal for 1974–75 without finding any article or editorial on the subject, I am inclined to suspect that this may have been a casual remark by the late Dr. Franz Ingelfinger, the distinguished editor of the periodical.
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4
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0004308277
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(New York:, Macmillan, John T. Noonan, Jr., ed., The Morality of Abortion: Legal and Historical Perspectives, Cambridge, Mass.: Harvard University Press, 1970).
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(1970)
Abortion: Law, Choice and Morality
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Callahan1
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5
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84977402354
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Commentarium Libro Tertio Sententiarum, Q.5, A.2, Solutio
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Aquinas1
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7
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0342922816
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(Chicago:, University of Chicago Press): see also the classical discussion by Sir Henry Maine in Lectures on the Early History of Institutions (1914).
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(1969)
Law without Precedent
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Fallers1
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8
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84977393807
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pp. 26ff, 124–27
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Stein1
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10
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84977320266
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Politically speaking, of course, the decline of monarchical sovereignty made the formal division of law from equity less functional; so it is no surprise that the nineteenth century saw its abolition both in the constitutional monarchy of England and also in the republican United States.
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11
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0004048289
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(Cambridge, Mass.:, Harvard University Press) is only the most recent systematic exposition of this position, which has become something of a philosophical commonplace, at any rate since Kant raised the issue of “universalizability” in the late eighteenth century.
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(1971)
A Theory of Justice
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Rawls1
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12
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0004160127
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(Urbana, Ill., Univ. of Illinois Press, Ralph A. Newman, Equity and Law, Dobbs Ferry, NY: Oceana, 1961); and particularly, Ralph A. Newman, ed., Equity in the World's Legal Systems (Brussels: Bruylant, 1973).
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(1969)
Discretionary Justice
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Davis1
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13
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0009993394
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This seems to be true even of so perceptive an author as Herbert Kaufman, in his ingenious tract, Washington, D.C.:, Brookings Institution, “Quite apart from protective attitudes toward specific programs, general concern for uniform application of policy militates against wholesale devolution. Not that uniformity automatically assures equity or equality of treatment. …”
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(1977)
Red Tape: its Origins, Uses and Abuses
, pp. 76-77
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14
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0346180055
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The locus classicus for the discussion of the notion of epieikeia (or “equity”) is Aristotle's Nicomachean Ethics, esp. 1136b30‐1137b32. See also Max Hamburger's useful discussion in, New Haven:, Yale University Press
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(1951)
Morals and Law: the Growth of Aristotle's Legal Theory
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16
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84977330202
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Hence Aristotle's emphasis on the need for a person of sound ethical judgment to be an anthropos megalopsychos.
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17
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84977396815
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This image of the steam locomotive had a powerful hold on Tolstoy's imagination: it recurs, for example, in War and Peace, where he compares the ineluctable processes of history to the movements of the pistons and cranks of a railway engine, as a way of discrediting the assumption that “world historical figures” like Napoleon can exercise any effective freedom of action in the political realm.
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18
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84977393923
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This is the central theme of the closing book of Anna, in which Tolstoy documents his own disillusion with social and political ethics through the character of Constantin Levin.
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19
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84977352716
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Notice how Aristotle treats the notion of philia as complementary to that of “equity.” As he sees, the nature of the moral claims that arise within any situation depend on how closely the parties are related: indeed, it might be better to translate philia by some such term as “relationship” instead of the customary translation, “friendship,” since his argument is intended to be analytical rather than edifying.
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20
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84977343830
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Theory of Justice.
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Rawls1
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21
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84977390354
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In United States labor law practice, arbitrators are guided by the published decisions of previous arbitrations, but not bound by them, since their own decisions normally turn on an estimate of the exact personal and group relations between the workers and managers involved in the particular dispute. Indeed, in Switzerland—here, as elsewhere, an extreme case—the results of labor arbitrations are not even published, on the ground that they are a “purely private matter” as between the immediate parties.
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22
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84884069843
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(Indianapolis:, Bobbs Merrill). In this connection, current Chinese attempts to turn criminal proceedings into a species of chummy conciliation between the defendant and his fellow citizens can too easily serve to conceal tyranny behind a mask of paternalistic goodwill.
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(1975)
Lawyers' Ethics in an Adversary System
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Freedman1
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24
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84977409837
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Ibid., p.
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27
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84977412341
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“large spirited person”—commonly but wrongly translated as “great souled man,” ignoring the care with which the Greeks differentiated between anthropoi (human beings) and andres (men)—is the final hero of the Nicomachean Ethics: the key feature of such a person was, for him, the ability to act on behalf of a friend from an understanding of that friend's own needs, wishes, and interests.
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28
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0004208582
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We are indebted to Alan Donagan for reintroducing the idea of the “common morality” into philosophical ethics, in his book, Chicago:, University of Chicago Press
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(1977)
The Theory of Morality
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30
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84977319985
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Lettres Provinciales were originally published in 1656–57, during the trial of his friend Antoine Arnauld, whose Jansenist associations made him a target for the Jesuits. Pascal's journalistic success with these letters did a great deal, by itself, to bring the tradition of “case reasoning” in ethics into discredit: so much so that the art of casuistics has subsequently been known by the name of “casuistry”—a word which the Oxford English Dictionary first records as having been used by Alexander Pope in 1725, and whose very form, as the dictionary makes clear, is dyslogistic. (It belongs to the same family of English words as “popery,” “wizardry” and “sophistry,” all of which refer to the disreputable employment of the arts in question.).
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Pascal's1
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