Casuistry
Encyclopedia
In applied ethics
, casuistry (icon) is case-based reasoning
. Casuistry is used in juridical and ethical discussions of law
and ethics
, and often is a critique of principle
- or rule-based reasoning. The term "casuistry" originates from the Latin
casus ("case").
Casuistry is reasoning used to resolve moral problems by applying theoretical rules to particular instances, and by extracting or extending theoretical rules from (novel) particular instances. The term is also commonly used as a pejorative to criticize the use of clever but unsound reasoning (alleging implicitly the inconsistent— or outright specious— misapplication of rule to instance), especially in relation to moral questions (see sophistry).
is always morally wrong, the casuist would argue that, depending upon the details of the case, lying might or might not be illegal or unethical. The casuist might conclude that a person is wrong to lie in legal testimony
under oath, but might argue that lying actually is the best moral choice if the lie saves a life. (Thomas Sanchez
and others thus theorized a doctrine of mental reservation
.) For the casuist, the circumstances of a case are essential for evaluating the proper response.
Typically, casuistic reasoning begins with a clear-cut paradigm
atic case. In legal reasoning, for example, this might be a precedent
case, such as pre-meditated murder
. From it, the casuist would ask how closely the given case currently under consideration matches the paradigmatic case. Cases like the paradigmatic case ought to be treated likewise; cases unlike the paradigm ought to be treated differently. Thus, a man is properly charged with pre-meditated murder if the circumstances surrounding his case closely resemble the exemplar pre-meditated murder case. The less a given case is like the paradigm, the weaker the justification is for treating that case like the paradigmatic case.
. Casuistry is the basis of case law
in common law
, and the standard form of reasoning applied in common law
.
s, so-called "pure cases", and the case at hand, a casuist tries to determine a moral response appropriate to a particular case.
Casuistry has been described as "theory modest" (Arras, see below). One of the strengths of casuistry is that it does not begin with, nor does it overemphasize, theoretical issues. Casuistry does not require practitioners to agree about ethical theories or evaluations before making policy. Instead, they can agree that certain paradigm
s should be treated in certain ways, and then agree on the similarities, the so-called warrants between a paradigm and the case at hand.
Since most people, and most cultures, substantially agree about most pure ethical situations, casuistry often creates ethical arguments that can persuade people of different ethnic, religious and philosophical beliefs to treat particular cases in the same ways. For this reason, casuistry is widely considered to be the basis for the English
common law
and its derivatives.
Casuistry is prone to abuses wherever the analogies between cases are false
.
(384–322 BC), yet the zenith of casuistry was from 1550 to 1650, when the Jesuit religious order extensively used casuistry, particularly in practicing the private Roman Catholic confession
. The term casuistry quickly became pejorative with Blaise Pascal
's attack on the misuse of casuistry. In Provincial Letters (1656–7) he scolded the Jesuits for using casuistic reasoning in confession to placate wealthy Church donors, while punishing poor penitents. Pascal charged that aristocratic penitents could confess their sins one day, re-commit the sin the next day, generously donate the following day, then return to re-confess their sins and only receive the lightest punishment; Pascal's criticisms darkened casuistry's reputation. Since the 17th century, casuistry has been widely considered a degenerate form of reasoning. Critics of casuistry claim its argumentation is specious and intentionally misleading.
It was not until publication of The Abuse of Casuistry: A History of Moral Reasoning (1988), by Albert Jonsen and Stephen Toulmin
, that a revival of casuistry occurred. They argue that the abuse of casuistry is the problem, not casuistry itself (itself an example of casuistic reasoning). Properly used, casuistry is powerful reasoning. Jonsen and Toulmin offer casuistry in dissolving the contradictory tenets of absolutism
and relativism
: "the form of reasoning constitutive of classical casuistry is rhetorical reasoning". Moreover, Utilitarianism
and Pragmatism
commonly are identified as philosophies employing the rhetoric
al reasoning of casuistry.
's Summula casuum conscientiae (1627), which had enjoyed a great success, Thomas Sanchez
, Vincenzo Filliucci
(Jesuit and penitentiary
at St Peter's), Antonino Diana
, Paul Laymann
(Theologia Moralis, 1625), John Azor (Institutiones Morales, 1600), Etienne Bauny
, Louis Cellot
, Valerius Reginaldus, Hermann Busembaum (d. 1668), etc. One of the main theses of casuists was the necessity to adapt the rigorous morals of the Early Fathers
of Christianity
to modern morals, which led in some extreme cases to justify what Innocent XI later called "laxist moral" (i.e. justification of usury
, homicide
, regicide
, lying
through "mental reservation
", adultery and loss of virginity before marriage
, etc.—all due cases registered by Pascal
in the Provincial Letters).
The progress of casuistry was interrupted toward the middle of the 17th century by the controversy which arose concerning the doctrine of probabilism
, which stipulated that one could choose to follow a "probable opinion", that is, supported by a theologian or another, even if it contradicted a more probable opinion or a quotation from one of the Fathers of the Church. The controversy divided Catholic theologians into two camps, Rigorists and Laxists.
Casuistry was much mistrusted by early Protestant theologians
, because it justified many of the abuses that they sought to reform. It was famously attacked by the Catholic and Jansenist philosopher Pascal
, during the formulary controversy
against the Jesuits, in his Provincial Letters
as the use of rhetorics to justify moral laxity, which became identified by the public with Jesuitism
; hence the everyday use of the term to mean complex and sophistic reasoning to justify moral laxity. By the middle of the 18th century, "casuistry" became a synonym for moral laxity.
In 1679 Pope Innocent XI
publicly condemned sixty-five of the more radical propositions (stricti mentalis), taken chiefly from the writings of Escobar, Suarez
and other casuists as propositiones laxorum moralistarum and forbade anyone to teach them under penalty of excommunication
. Despite this papal condemnation, both Catholicism and Protestantism permit the use of ambiguous and equivocal statements in specific circumstances.
Alphonsus Maria de Liguori (d. 1787), founder of the Congregation of the Most Holy Redeemer
, then brought some attention back to casuistry by publishing again Hermann Busembaum's Medulla Theologiae Moralis; the last edition published in 1785 and receiving the approbation of the Holy See
in 1803. Busembaum's Medulla had been burnt in Toulouse in 1757 because of its justification of regicide
, deemed particularly scandalous after Damiens
' assassination attempt against Louis XV.
dealt with casuistry in chapter 1.4 of his Principia Ethica
; he claimed that "the defects of casuistry are not defects of principle; no objection can be taken to its aim and object. It has failed only because it is far too difficult a subject to be treated adequately in our present state of knowledge." He also asserted, "Casuistry is the goal of ethical investigation. It cannot be safely attempted at the beginning of our studies, but only at the end."
Since the 1960s, applied ethics
has revived the ideas of casuistry in applying ethical reasoning to particular cases in law
, bioethics
and business ethics
, so the reputation of casuistry is somewhat rehabilitated.
A good reference, analyzing the methodological structure of casuistic argument, is The Abuse of Casuistry: A History of Moral Reasoning (1990), by Albert Jonsen and Stephen Toulmin
(ISBN 0-520-06960-9).
Applied ethics
Applied ethics is, in the words of Brenda Almond, co-founder of the Society for Applied Philosophy, "the philosophical examination, from a moral standpoint, of particular issues in private and public life that are matters of moral judgment"...
, casuistry (icon) is case-based reasoning
Case-based reasoning
Case-based reasoning , broadly construed, is the process of solving new problems based on the solutions of similar past problems. An auto mechanic who fixes an engine by recalling another car that exhibited similar symptoms is using case-based reasoning...
. Casuistry is used in juridical and ethical discussions of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, and often is a critique of principle
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
- or rule-based reasoning. The term "casuistry" originates from the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
casus ("case").
Casuistry is reasoning used to resolve moral problems by applying theoretical rules to particular instances, and by extracting or extending theoretical rules from (novel) particular instances. The term is also commonly used as a pejorative to criticize the use of clever but unsound reasoning (alleging implicitly the inconsistent— or outright specious— misapplication of rule to instance), especially in relation to moral questions (see sophistry).
Examples
While a principle-based approach might claim that lyingLie
For other uses, see Lie A lie is a type of deception in the form of an untruthful statement, especially with the intention to deceive others....
is always morally wrong, the casuist would argue that, depending upon the details of the case, lying might or might not be illegal or unethical. The casuist might conclude that a person is wrong to lie in legal testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
under oath, but might argue that lying actually is the best moral choice if the lie saves a life. (Thomas Sanchez
Thomas Sanchez
Tomás Sánchez was a 16th century Spanish Jesuit and famous casuist.- Life :In 1567 he entered the Society of Jesus. He was at first refused admittance on account of an impediment in his speech; however, after imploring delivery from this impediment before a picture of Mary at Córdoba, Spain, his...
and others thus theorized a doctrine of mental reservation
Doctrine of mental reservation
The doctrine of mental reservation, or the doctrine of mental equivocation, was a special branch of casuistry developed in the late Middle Ages and the Renaissance, and most often associated with the Jesuits.- Secular use :...
.) For the casuist, the circumstances of a case are essential for evaluating the proper response.
Typically, casuistic reasoning begins with a clear-cut paradigm
Paradigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
atic case. In legal reasoning, for example, this might be a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
case, such as pre-meditated murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. From it, the casuist would ask how closely the given case currently under consideration matches the paradigmatic case. Cases like the paradigmatic case ought to be treated likewise; cases unlike the paradigm ought to be treated differently. Thus, a man is properly charged with pre-meditated murder if the circumstances surrounding his case closely resemble the exemplar pre-meditated murder case. The less a given case is like the paradigm, the weaker the justification is for treating that case like the paradigmatic case.
Meanings
Casuistry is a method of case reasoning especially useful in treating cases that involve moral dilemmas. It is also a branch of applied ethicsApplied ethics
Applied ethics is, in the words of Brenda Almond, co-founder of the Society for Applied Philosophy, "the philosophical examination, from a moral standpoint, of particular issues in private and public life that are matters of moral judgment"...
. Casuistry is the basis of case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, and the standard form of reasoning applied in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
.
Casuist morality
Casuistry takes a relentlessly practical approach to morality. Rather than using theories as starting points, casuistry begins with an examination of cases. By drawing parallels between paradigmParadigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
s, so-called "pure cases", and the case at hand, a casuist tries to determine a moral response appropriate to a particular case.
Casuistry has been described as "theory modest" (Arras, see below). One of the strengths of casuistry is that it does not begin with, nor does it overemphasize, theoretical issues. Casuistry does not require practitioners to agree about ethical theories or evaluations before making policy. Instead, they can agree that certain paradigm
Paradigm
The word paradigm has been used in science to describe distinct concepts. It comes from Greek "παράδειγμα" , "pattern, example, sample" from the verb "παραδείκνυμι" , "exhibit, represent, expose" and that from "παρά" , "beside, beyond" + "δείκνυμι" , "to show, to point out".The original Greek...
s should be treated in certain ways, and then agree on the similarities, the so-called warrants between a paradigm and the case at hand.
Since most people, and most cultures, substantially agree about most pure ethical situations, casuistry often creates ethical arguments that can persuade people of different ethnic, religious and philosophical beliefs to treat particular cases in the same ways. For this reason, casuistry is widely considered to be the basis for the English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and its derivatives.
Casuistry is prone to abuses wherever the analogies between cases are false
False analogy
-The Argument from Analogy:The process of analogical inference involves noting the shared properties of two or more things, and from this basis infering that they also share some further property...
.
History
Western casuistry dates from AristotleAristotle
Aristotle was a Greek philosopher and polymath, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, linguistics, politics, government, ethics, biology, and zoology...
(384–322 BC), yet the zenith of casuistry was from 1550 to 1650, when the Jesuit religious order extensively used casuistry, particularly in practicing the private Roman Catholic confession
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
. The term casuistry quickly became pejorative with Blaise Pascal
Blaise Pascal
Blaise Pascal , was a French mathematician, physicist, inventor, writer and Catholic philosopher. He was a child prodigy who was educated by his father, a tax collector in Rouen...
's attack on the misuse of casuistry. In Provincial Letters (1656–7) he scolded the Jesuits for using casuistic reasoning in confession to placate wealthy Church donors, while punishing poor penitents. Pascal charged that aristocratic penitents could confess their sins one day, re-commit the sin the next day, generously donate the following day, then return to re-confess their sins and only receive the lightest punishment; Pascal's criticisms darkened casuistry's reputation. Since the 17th century, casuistry has been widely considered a degenerate form of reasoning. Critics of casuistry claim its argumentation is specious and intentionally misleading.
It was not until publication of The Abuse of Casuistry: A History of Moral Reasoning (1988), by Albert Jonsen and Stephen Toulmin
Stephen Toulmin
Stephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
, that a revival of casuistry occurred. They argue that the abuse of casuistry is the problem, not casuistry itself (itself an example of casuistic reasoning). Properly used, casuistry is powerful reasoning. Jonsen and Toulmin offer casuistry in dissolving the contradictory tenets of absolutism
Moral absolutism
Moral absolutism is an ethical view that certain actions are absolutely right or wrong, regardless of other contexts such as their consequences or the intentions behind them. Thus stealing, for instance, might be considered to be always immoral, even if done to promote some other good , and even if...
and relativism
Relativism
Relativism is the concept that points of view have no absolute truth or validity, having only relative, subjective value according to differences in perception and consideration....
: "the form of reasoning constitutive of classical casuistry is rhetorical reasoning". Moreover, Utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
and Pragmatism
Pragmatism
Pragmatism is a philosophical tradition centered on the linking of practice and theory. It describes a process where theory is extracted from practice, and applied back to practice to form what is called intelligent practice...
commonly are identified as philosophies employing the rhetoric
Rhetoric
Rhetoric is the art of discourse, an art that aims to improve the facility of speakers or writers who attempt to inform, persuade, or motivate particular audiences in specific situations. As a subject of formal study and a productive civic practice, rhetoric has played a central role in the Western...
al reasoning of casuistry.
Casuistry in early modern times
The casuistic method was popular among Catholic thinkers in the early modern period, and not only among the Jesuits, as it is commonly thought. Famous casuistic authors include Antonio Escobar y MendozaAntonio Escobar y Mendoza
Antonio Escobar y Mendoza was a Spanish churchman of illustrious descent.Born in Valladolid, he was educated by the Jesuits, and at the age of fifteen took the habit of that order. He soon became a famous preacher. In addition he was a voluminous writer, and his collected works fill eighty-three...
's Summula casuum conscientiae (1627), which had enjoyed a great success, Thomas Sanchez
Thomas Sanchez
Tomás Sánchez was a 16th century Spanish Jesuit and famous casuist.- Life :In 1567 he entered the Society of Jesus. He was at first refused admittance on account of an impediment in his speech; however, after imploring delivery from this impediment before a picture of Mary at Córdoba, Spain, his...
, Vincenzo Filliucci
Vincenzo Filliucci
Vincenzo Filliucci was an Italian Jesuit moralist. The Provincial Letters of Blaise Pascal, and Les Extraits des Assertions, make much out of their quotations from his writings.-Life:...
(Jesuit and penitentiary
Apostolic Penitentiary
The Apostolic Penitentiary, formerly called the Supreme Tribunal of the Apostolic Penitentiary, is one of the three tribunals of the Roman Curia. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the Catholic Church.The...
at St Peter's), Antonino Diana
Antonino Diana
Antonino Diana was a Catholic moral theologian.Diana was born of a noble family at Palermo, Sicily. A famous casuist, he was a consultor of the Holy Office of the Kingdom of Sicily and an examiner of bishops under Urban VIII, Innocent X, and Alexander VII.Harshly attacked in Blaise Pascal's...
, Paul Laymann
Paul Laymann
Paul Laymann was an Austrian Jesuit and important moralist.Laymann was born at Arzl, near Innsbruck. After studying jurisprudence at Ingolstadt, he entered the Society of Jesus there in 1594, was ordained priest in 1603, taught philosophy at the University of Ingolstadt from 1603-9, moral...
(Theologia Moralis, 1625), John Azor (Institutiones Morales, 1600), Etienne Bauny
Etienne Bauny
Etienne Bauny was a French Jesuit theologian.-Life:He was admitted into the Society of Jesus, 20 July 1593, and after teaching humanities and rhetoric he was promoted to the chair of moral theology which he occupied for sixteen years. He was for a time superior of the Jesuit residence at Pontoise...
, Louis Cellot
Louis Cellot
Louis Cellot was a French Jesuit, known as a theological writer.-Life:He was born in Paris, and entered the Society of Jesus in 1605. He was occupied in studied of Latin, Greek and Hebrew, and initially taught these subjects. He spent time at Rouen, and then La Flèche, before becoming provincial...
, Valerius Reginaldus, Hermann Busembaum (d. 1668), etc. One of the main theses of casuists was the necessity to adapt the rigorous morals of the Early Fathers
Church Fathers
The Church Fathers, Early Church Fathers, Christian Fathers, or Fathers of the Church were early and influential theologians, eminent Christian teachers and great bishops. Their scholarly works were used as a precedent for centuries to come...
of Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
to modern morals, which led in some extreme cases to justify what Innocent XI later called "laxist moral" (i.e. justification of usury
Usury
Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...
, homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
, lying
Lie
For other uses, see Lie A lie is a type of deception in the form of an untruthful statement, especially with the intention to deceive others....
through "mental reservation
Doctrine of mental reservation
The doctrine of mental reservation, or the doctrine of mental equivocation, was a special branch of casuistry developed in the late Middle Ages and the Renaissance, and most often associated with the Jesuits.- Secular use :...
", adultery and loss of virginity before marriage
Catholic teachings on sexual morality
Catholic teachings on sexual morality draw from natural law, Sacred Scripture and Sacred Tradition and are promulgated authoritatively by the Magisterium...
, etc.—all due cases registered by Pascal
Blaise Pascal
Blaise Pascal , was a French mathematician, physicist, inventor, writer and Catholic philosopher. He was a child prodigy who was educated by his father, a tax collector in Rouen...
in the Provincial Letters).
The progress of casuistry was interrupted toward the middle of the 17th century by the controversy which arose concerning the doctrine of probabilism
Catholic Probabilism
In Catholic moral theology, probabilism provides a way of answering the question about what to do when one does not know what to do. Probabilism proposes that one can follow a probable opinion regarding whether an act may be performed morally, even though the opposite opinion is more probable...
, which stipulated that one could choose to follow a "probable opinion", that is, supported by a theologian or another, even if it contradicted a more probable opinion or a quotation from one of the Fathers of the Church. The controversy divided Catholic theologians into two camps, Rigorists and Laxists.
Casuistry was much mistrusted by early Protestant theologians
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
, because it justified many of the abuses that they sought to reform. It was famously attacked by the Catholic and Jansenist philosopher Pascal
Blaise Pascal
Blaise Pascal , was a French mathematician, physicist, inventor, writer and Catholic philosopher. He was a child prodigy who was educated by his father, a tax collector in Rouen...
, during the formulary controversy
Formulary controversy
The Formulary Controversy, in 17th century France, pitted the Jansenists against the Jesuits. It gave rise to Blaise Pascal's Lettres Provinciales, the condemnation by the Vatican of Casuistry, and the final dissolution of organised Jansenism.- Context :...
against the Jesuits, in his Provincial Letters
Lettres provinciales
The Lettres provinciales are a series of eighteen letters written by French philosopher and theologian Blaise Pascal under the pseudonym Louis de Montalte...
as the use of rhetorics to justify moral laxity, which became identified by the public with Jesuitism
Jesuitism
Jesuitism is a label given to particular casuistic approach to moral questions and problems often described by the adjective jesuitical, so called because it was promoted by some Jesuits of the 17th century rather than being the beliefs of the Society of Jesus as a religious order...
; hence the everyday use of the term to mean complex and sophistic reasoning to justify moral laxity. By the middle of the 18th century, "casuistry" became a synonym for moral laxity.
In 1679 Pope Innocent XI
Pope Innocent XI
Blessed Pope Innocent XI , born Benedetto Odescalchi, was Pope from 1676 to 1689.-Early life:Benedetto Odescalchi was born at Como in 1611 , the son of a Como nobleman, Livio Odescalchi, and Paola Castelli Giovanelli from Gandino...
publicly condemned sixty-five of the more radical propositions (stricti mentalis), taken chiefly from the writings of Escobar, Suarez
Francisco Suárez
Francisco Suárez was a Spanish Jesuit priest, philosopher and theologian, one of the leading figures of the School of Salamanca movement, and generally regarded among the greatest scholastics after Thomas Aquinas....
and other casuists as propositiones laxorum moralistarum and forbade anyone to teach them under penalty of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
. Despite this papal condemnation, both Catholicism and Protestantism permit the use of ambiguous and equivocal statements in specific circumstances.
Alphonsus Maria de Liguori (d. 1787), founder of the Congregation of the Most Holy Redeemer
Congregation of the Most Holy Redeemer
The Congregation of the Most Holy Redeemer is a Roman Catholic missionary Congregation founded by Saint Alphonsus Liguori at Scala, near Amalfi, Italy for the purpose of labouring among the neglected country people in the neighbourhood of Naples.Members of the Congregation, priests and brothers,...
, then brought some attention back to casuistry by publishing again Hermann Busembaum's Medulla Theologiae Moralis; the last edition published in 1785 and receiving the approbation of the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
in 1803. Busembaum's Medulla had been burnt in Toulouse in 1757 because of its justification of regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
, deemed particularly scandalous after Damiens
Robert-François Damiens
Robert-François Damiens was a French domestic servant whose attempted assassination of King Louis XV of France in 1757 culminated in his notorious and controversial public execution...
' assassination attempt against Louis XV.
Casuistry in modern times
G.E. MooreGeorge Edward Moore
George Edward Moore OM, was an English philosopher. He was, with Bertrand Russell, Ludwig Wittgenstein, and Gottlob Frege, one of the founders of the analytic tradition in philosophy...
dealt with casuistry in chapter 1.4 of his Principia Ethica
Principia Ethica
Principia Ethica is a monograph by philosopher G. E. Moore, first published in 1903. It is one of the standard texts of modern ethics, and introduced the term naturalistic fallacy.-External links:* of Principia Ethica....
; he claimed that "the defects of casuistry are not defects of principle; no objection can be taken to its aim and object. It has failed only because it is far too difficult a subject to be treated adequately in our present state of knowledge." He also asserted, "Casuistry is the goal of ethical investigation. It cannot be safely attempted at the beginning of our studies, but only at the end."
Since the 1960s, applied ethics
Applied ethics
Applied ethics is, in the words of Brenda Almond, co-founder of the Society for Applied Philosophy, "the philosophical examination, from a moral standpoint, of particular issues in private and public life that are matters of moral judgment"...
has revived the ideas of casuistry in applying ethical reasoning to particular cases in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, bioethics
Bioethics
Bioethics is the study of controversial ethics brought about by advances in biology and medicine. Bioethicists are concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, and philosophy....
and business ethics
Business ethics
Business ethics is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations.Business...
, so the reputation of casuistry is somewhat rehabilitated.
A good reference, analyzing the methodological structure of casuistic argument, is The Abuse of Casuistry: A History of Moral Reasoning (1990), by Albert Jonsen and Stephen Toulmin
Stephen Toulmin
Stephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
(ISBN 0-520-06960-9).
See also
- Applied ethicsApplied ethicsApplied ethics is, in the words of Brenda Almond, co-founder of the Society for Applied Philosophy, "the philosophical examination, from a moral standpoint, of particular issues in private and public life that are matters of moral judgment"...
- Case-based reasoningCase-based reasoningCase-based reasoning , broadly construed, is the process of solving new problems based on the solutions of similar past problems. An auto mechanic who fixes an engine by recalling another car that exhibited similar symptoms is using case-based reasoning...
- Dispensation (Catholic Church)Dispensation (Catholic Church)In the canon law of the Roman Catholic Church, a dispensation is the suspension by competent authority of general rules of law in particular cases...
- List of thought processes
- QiyasQiyasIn Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...
- RhetoricRhetoricRhetoric is the art of discourse, an art that aims to improve the facility of speakers or writers who attempt to inform, persuade, or motivate particular audiences in specific situations. As a subject of formal study and a productive civic practice, rhetoric has played a central role in the Western...
- Rhetorical reasonRhetorical Reason"Rhetorical reason" may be defined as the faculty of discovering the crux of the matter, endemic to rhetorical invention, that precedes argumentation.-Aristotle's definition:...
- School of SalamancaSchool of SalamancaThe School of Salamanca is the renaissance of thought in diverse intellectual areas by Spanish and Portuguese theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria...
- Situation ethicsSituation ethicsSituational ethics, or situation ethics, is a Christian ethical theory that was principally developed in the 1960s by the then Episcopal priest Joseph Fletcher...
- Thinking Portal
- ConsequentialismConsequentialismConsequentialism is the class of normative ethical theories holding that the consequences of one's conduct are the ultimate basis for any judgment about the rightness of that conduct...
Further reading
- Alonso, Alfred (1990). "The Abuse of Casuistry: A History of Moral Reasoning." Journal of the History of Philosophy, Vol. XLIII, pp. 639–641.
- Arnold, Carroll C. (1989). "The Abuse of Casuistry: A History of Moral Reasoning." Quarterly Journal of Speech, Vol. 75, pp. 494–495.
- Arras, John D. (1991). "Getting Down to Cases: The Revival of Casuistry in Bioethics." The Journal of Medicine and Philosophy, Vol. 16, pp. 29–51.
- Biggar, Nigel. (1989). "A Case for Casuistry in the Church." Modern Theology, Vol. 6, p. 29.
- Blake, David C. (1992). "The Hospital Ethics Committee: Health Care's Moral Conscience or White Elephant?" Hastings Center Report, Vol. 22, pp. 6–12.
- Bliton, Mark J. (1993). The Ethics of Clinical Ethics Consultation: On the Way to Clinical Philosophy (Diss. Vanderbilt)
- Boeyink, David E. (1992). "Casuistry: A Case-Based Method for Journalists." Journal of Mass Media Ethics, Vol. 7, pp. 107–120.
- Boyle, Joseph. (1991). "Who is Entitled to Double Effect?" Journal of Medicine and Philosophy, pp. 475–494.
- Brody, Baruch A. (1988). "Ethical Questions Raised by the Persistent Vegetative Patient." Hastings Center Report, Vol. 18, pp. 33–37.
- Brody, Baruch A. (1989). "A Historical Introduction to Jewish Casuistry on Suicide and Euthanasia." in Baruch A. Brody, Suicide and Euthanasia: Historical and Contemporary Themes (Netherlands).
- Brown, James F. (1991). "The Abuse of Casuistry: A History of Moral Reasoning." America, p. 492.
- Buckley, William Joseph. (1989). "The Abuse of Casuistry: A History of Moral Reasoning." Journal of Religion, Vol. 69, pp. 577–578.
- Carlson, A. Cheree. (1992). "Creative Casuistry and Feminist Consciousness: The Rhetoric of Moral Reform." Quarterly Journal of Speech, Vol. 78, pp. 16–33.
- Carney, Bridget Mary. (1993). Modern Casuistry: An Essential But Incomplete Method for Clinical Ethical Decision-Making. (Diss., Graduate Theological Union).
- Carson, Ronald A. (1990). "Interpretive Bioethics: The Way of Discernment." Theoretical Medicine, Vol. 11, pp. 51–59.
- Carson, Ronald A. (1988). "Paul Ramsey, Principled Protestant Casuist: A Retrospective." Medical Humanities Review, Vol. 2, pp. 24–35.
- Chidwick, Paula Marjorie (1994). Approaches to Clinical Ethical Decision-Making: Ethical Theory, Casuistry and Consultation. (Diss., U of Guelph)
- Davis, Dena S. (1992). "Abortion in Jewish Thought: A Study in Casuistry." Journal of the American Academy of Religion, Vol. 60, pp. 313–324.
- Degrazia, David (1992). "Moving Forward in Bioethical Theory: Theory, Cases, and Specified Principilism." Journal of Medicine and Philosophy, Vol. 17, pp. 511–539.
- DeMarco, Joseph P. (1991). "The Abuse of Casuistry." Southwest Philosophy Review, Vol. 7, pp. 17–30.
- Downie, R. (1992). "Health Care Ethics and Casuistry." Journal of Medical Ethics, Vol. 18, pp. 61–62, 66.
- Drane, J.F. (1990). "Methodologies for Clinical Ethics." Bulletin of the Pan American Health Organization, Vol. 24, pp. 394–404.
- Dworkin, R.B. (1994). "Emerging Paradigms in Bioethics: Symposium." Indiana Law Journal, Vol. 69, pp. 945–1122.
- Elliot, Carl (1992). "Solving the Doctor's Dilemma?" New Scientist, Vol. 133, pp. 42–43.
- Emanuel, Ezekiel J. (1991). The Ends of Human Life: Medical Ethics in a Liberal Polity (Cambridge).
- Franklin, James (2001). The Science of Conjecture: Evidence and Probability Before Pascal (Johns Hopkins), ch. 4.
- Gaffney, James (1990). "The Abuse of Casuistry: A History of Moral Reasoning." America, pp. 467–468.
- Gallagher, Lowell (1991). Medusa's Gaze: Casuistry and Conscience in the Renaissance (Stanford)
- Gaul, Al (1995). "Casuistry, Care, Compassion, and Ethics Data Analysis." ANS Advance Nursing Science, Vol. 17, pp. 47–57.
- Green, Bryan S. (1988). Literary Methods and Sociological Theory: Case Studies of Simmel and Weber (Albany)
- Hoffmaster, B. (1994). "The Forms and Limits of Medical Ethics." Social Science and Medicine, Vol. 39, pp. 1155–64.
- Hoose, Bernard (1991). "The Abuse of Casuistry: A History of Moral Reasoning." Journal of Medical Ethics, Vol. 17, pp. 221–222.
- Houle, Martha Marie (1983). The Fictions of Casuistry and Pascal's Jesuit in "Les Provinciales" (Diss. U California, San Diego)
- Hunter, MichaelMichael Hunter (historian)Michael Cyril William Hunter is Professor of History at Birkbeck, University of London, specializing in the history of science in seventeenth-century England, particularly the work of Robert Boyle...
(1993). "Casuistry in Action: Robert BoyleRobert BoyleRobert Boyle FRS was a 17th century natural philosopher, chemist, physicist, and inventor, also noted for his writings in theology. He has been variously described as English, Irish, or Anglo-Irish, his father having come to Ireland from England during the time of the English plantations of...
's Confessional Interviews with Gilbert BurnetGilbert BurnetGilbert Burnet was a Scottish theologian and historian, and Bishop of Salisbury. He was fluent in Dutch, French, Latin, Greek, and Hebrew. Burnet was respected as a cleric, a preacher, and an academic, as well as a writer and historian...
and Edward StillingfleetEdward StillingfleetEdward Stillingfleet was a British theologian and scholar. Considered an outstanding preacher as well as a strong polemical writer defending Anglicanism, Stillingfleet was known as "the beauty of holiness" for his good looks in the pulpit, and was called by John Hough "the ablest man of his...
." Journal of Ecclesiastical History, Vol. 44, pp. 80–99. - Hunter, Kathryn Montgomery (1989). "A Science of Individuals: Medicine and Casuistry." Journal of Medicine and Philosophy, Vol. 14, pp. 193–220.
- Jonsen, Albert R. (1991). "American Moralism and the Origin of Bioethics in the United States." Journal of Medicine and Philosophy, pp. 113–130.
- Jonsen, Albert R. (1986). "Casuistry and Clinical Ethics." Theoretical Medicine, Vol. 7, pp. 65–74.
- Jonsen, Albert R. (1986). "Casuistry" in J.F. Childress and J. Macgvarrie, eds. Westminster Dictionary of Christian Ethics (Philadelphia)
- Jonsen, Albert R. (1991). "Casuistry as Methodology in Clinical Ethics." Theoretical Medicine, pp. 295–307.
- Jonsen, Albert R. (1991). "Of Balloons and Bicycles; or, The Relationship Between Ethical Theory and Practical Judgment." Hastings Center Report, pp. 14–16.
- Jonsen, Albert R. and Stephen ToulminStephen ToulminStephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
(1988). The Abuse of Casuistry: A History of Moral Reasoning (California). - Keenan, James F., S.J. (1989). "The Abuse of Casuistry: A History of Moral Reasoning." Theological Studies, Vol. 50, pp. 390–392.
- Keenan, James F., S.J. and Thomas A. Shannon. (1995). The Context of Casuistry (Washington).
- Kemp, Kenneth W. (1989). "The Abuse of Casuistry: A History of Moral Reasoning." Ethics, Vol. 99, pp. 945–966.
- Kirk, K. (1936). Conscience and Its Problems, An Introduction to Casuistry (London)
- Klinefelter, Donald S. (1990). "How is Applied Philosophy to Be Applied?" Journal of Social Philosophy, pp. 16–26.
- Kopelman, Loretta M. (1994). "Case Method and Casuistry: The Problem of Bias." Theoretical Medicine, Vol. 15, pp. 21–37.
- Kopelman, Loretta M. (1990). "What is Applied About 'Applied' Philosophy?" Journal of Medicine and Philosophy, Vol. 15, pp. 199–218.
- Kuczewski, Mark G. (1994). "Casuistry and Its Communitarian Critics." Kennedy Institute of Ethics Journal, Vol. 4, pp. 99–116.
- Kuczewski, Mark G. (1994). Fragmentation and Consensus in Contemporary Neo-Aristotelian Ethics: A Study in Communitarianism and Casuistry (Diss., Duquesne U).
- Leites, E. (1988). ed. Conscience and Casuistry in Early Modern Europe (Cambridge).
- Leites, E. (1974). "Conscience, Casuistry, and Moral Decision: Some Historical Perspectives." Journal of Chinese Philosophy, Vol. 2, pp. 41–58.
- MacIntyre, Alasdair (1990). "The Abuse of Casuistry: A History of Moral Reasoning." Journal of the History of Philosophy, Vol. XXVIII, pp. 634–635.
- MacIntyre, Alasdair (1984). "Does Applied Ethics Rest on a Mistake?" Monist, Vol. 67, pp. 498–513.
- Mackler, Aaron Leonard. Cases of Judgments in Ethical Reasoning: An Appraisal of Contemporary Casuistry and Holistic Model for the Mutual Support of Norms and Case Judgments (Diss., Georgetown U).
- Macpherson-Smith, M. (1994). "Anchor and Course for the Modern Ship of Casuistry." Cambridge Quarterly Healthcare Ethics, Vol. 3, pp. 391–402.
- Mahowald, Mary B. (1994). "Collaboration and Casuistry: A Peircean Pragmatic for the Clinical Setting." in Herman Parret, ed. Peirce and Value Theory (Amsterdam).
- McCready, Amy R. (1992). "Milton's Casuistry: The Case of 'The Doctrine and Discipline of Divorce.' " Journal of Medieval and Renaissance Studies, Vol. 22, pp. 393–428.
- Miles, Steven H. (1989). "The Abuse of Casuistry." JAMA, Vol. 262, pp. 961–962.
- Miller, Richard B. (1989). "On Transplanting Human Fetal Tissue: Presumptive Duties and the Task of Casuistry." Journal of Medicine and Philosophy, Vol. 14, pp. 617–624.
- Murray, Thomas H. (1994). "Medical Ethics, Moral Philosophy and Moral Tradition." in K.W.M. Fulford, ed. Medicine and Moral Reasoning (New York).
- Murray, Thomas H. (1993). "Moral Reasoning in Social Context." Journal of Social Issues, Vol. 49, pp. 185–199.
- Odozor, Paulinus Ikechukwu (1989). Richard A. McCormick and Casuistry: Moral Decision-Making in Conflict Situations (M.A. Thesis, St. Michael's College).
- Pack, Rolland W. (1988). Case Studies and Moral Conclustions: The Philosophical Use of Case Studies in Biomedical Ethics (Diss., Georgetown U).
- Pascal, Blaise (1967). The Provincial Letters (London).
- Peach, Lucinda Joy (1994). "Feminist Cautions About Casuistry." Policy Studies, Vol. 57, pp. 143–160.
- Río Parra, Elena del (2008). Cartografías de la conciencia española en la Edad de Oro (Mexico).
- Rudy, Kathy (1994). "Thinking Through the Ethics of Abortion." Theology Today, Vol. 51, pp. 235–249.
- Seiden, Melvin (1990). Measure for Measure: Casuistry and Artistry (Washington).
- Sichol, Marcia, S.H.C.J. (1992). "Women and the New Casuistry." Thought, Vol. 67, pp. 148–157.
- Singer, Marcus G. (1980). "Is Ethics a Science: Ought it to Be?" Zygon, Vol. 15, pp. 29–42.
- Smith, David H. (1991). "Stories, Values, and Patient Care Decisions." in Charles Conrad, ed. The Ethical Nexus: Values in Organizational Decision Making. (New Jersey).
- Sobel, Jordan Howard (1985). "Everyone's Conforming to a Rule." Philosophical Studies, Vol. 48, pp. 375–387.
- Spohn, William C. (1993). "The Magisterium and Morality." Theological Studies, Vol. 54, pp. 95–111.
- Starr, G. (1971). Defoe and Casuistry (Princeton).
- Strong, Carson (1988). "Justification in Ethics" in Baruch Brody, ed. Moral Theory and Moral Judgment in Medical Ethics (Dordrecht).
- Tallmon, James Michael (2001). "Casuistry" in The Encyclopedia of Rhetoric. Ed. Thomas O. Sloane. New York: Oxford University Press, pp. 83–88.
- Tallmon, James Michael (1993). Casuistry and the Quest for Rhetorical Reason: Conceptualizing a Method of Shared Moral Inquiry (Diss., U of Washington).
- Tallmon, James Michael (1994). "How Jonsen Really Views Casuistry: A Note on the Abuse of Father Wildes." Journal of Medicine and Philosophy, Vol. 19, pp. 103–113.
- Taylor, Richard (1984). Good and Evil – A New Direction: A Foreceful Attack on the Rationalist Tradition in Ethics (Buffalo).
- Thomasma, David C. (1994). "Clinical Ethics as Medical Hermeneutics." Theoretical Medicine, Vol. 15, pp. 93–111.
- Tomlinson, Tom (1994). "Casuistry in Medical Ethics: Rehabilitated, or Repeat Offender?" Theoretical Medicine, Vol. 15, pp. 5–20.
- Toulmin, StephenStephen ToulminStephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
(1982). "How Medicine Saved the Life of Ethics." Perspectives in Biology and Medicine, Vol. 25, pp. 736–750. - Toulmin, StephenStephen ToulminStephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
(1988). "The Recovery of Practical Philosophy." The American Scholar, Vol. 57, pp. 337–352. - Toulmin, StephenStephen ToulminStephen Edelston Toulmin was a British philosopher, author, and educator. Influenced by Ludwig Wittgenstein, Toulmin devoted his works to the analysis of moral reasoning. Throughout his writings, he sought to develop practical arguments which can be used effectively in evaluating the ethics behind...
(1981). "The Tyranny of Principles." Hastings Center Report, Vol. 11, pp. 31–39. - Van Der Steen, William J., and Bert Musschenga (1992). "The Issue of Generality in Ethics." Journal of Value Inquiry, Vol. 26, pp. 511–524.
- Walton, Douglas N. (1990). "Courage, Relativism and Practical Reasoning." Philosophia, Vol. 20, pp. 227–240.
- Warnick, Barbara. "The Abuse of Casuistry: A History of Moral Reasoning." Philosophy and Rhetoric, Vol. 24, pp. 76–80.
- Watson, Robert N. (1992). "Measure for Measure: Casuistry and Artistry." Shakespeare Quarterly, Vol. 43, pp. 242–244.
- Weinstein, Bruce David (1989). The Possibility of Ethical Expertise (Diss. Georgetown U).
- Weston, Anthony (1984). "Drawing Lines: The Abortion Perplex and the Presuppositions of Applied Ethics." Monist, Vol. 67, pp. 589–604.
- Wildes, Kevin Wm., S.J. (1990). "The Priesthood of Bioethics and the Return of Casuistry." Journal of Medicine and Philosophy, Vol. 18, pp. 33–49.
- Wildes, Kevin Wm., S.J. (1993). The View for Somewhere: Moral Judgment in Bioethics (Diss. Rice U).
- Winston, Morton (1990). "Ethics Committee Simulations." Teaching Philosophy, pp. 127–140.
- Zacker, David J. (1991). Reflection and Particulars: Does Casuistry Offer Us Stable Beliefs About Ethics? (M.A. Thesis, Western Michigan U).
- Zaner, Richard M. (1993). "Voices and Time: The Venture of Clinical Ethics." Journal of Medicine and Philosophy, Vol. 18, pp. 9–31
External links
- Dictionary of the History of Ideas: Casuistry
- Accountancy as computational casuistics, article on how modern compliance regimes in accountancy and law apply casuistry
- Casuistry – Catholic Encyclopedia
- Mortimer Adler's Great Ideas – Casuistry
- 1911 Encyclopedia
- Summary of casuistry by Jeramy Townsley
- Casuistry – Online Guide to Ethics and Moral Philosophy
- Casuistry – Oxford Encyclopedia of Rhetoric catalogued at she-philosopher.com