![Le grand docteur sophiste, maistre Thubal Holoferne](https://upload.wikimedia.org/wikipedia/commons/d/d8/Le_grand_docteur_sophiste%2C_maistre_Thubal_Holoferne.jpg)
In
ethics
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns m ...
, casuistry ( ) is a process of
reasoning
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, lang ...
that seeks to resolve
moral problems by extracting or extending theoretical rules from a particular case, and reapplying those rules to new instances. This method occurs in
applied ethics
Applied ethics refers to the practical aspect of moral considerations. It is ethics with respect to real-world actions and their moral considerations in the areas of private and public life, the professions, health, technology, law, and leadersh ...
and
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
. The term is also commonly used as a
pejorative
A pejorative or slur is a word or grammatical form expressing a negative or a disrespectful connotation, a low opinion, or a lack of respect toward someone or something. It is also used to express criticism, hostility, or disregard. Sometimes, a ...
to criticize the use of clever but
unsound reasoning, especially in relation to moral questions (as in
sophistry
A sophist ( el, σοφιστής, sophistes) was a teacher in ancient Greece in the fifth and fourth centuries BC. Sophists specialized in one or more subject areas, such as philosophy, rhetoric, music, athletics, and mathematics. They taught ' ...
). It is the "
udy of cases of conscience and a method of solving conflicts of obligations by applying general principles of ethics, religion, and moral theology to particular and concrete cases of human conduct. This frequently demands an extensive knowledge of natural law and equity, civil law, ecclesiastical precepts, and an exceptional skill in interpreting these various norms of conduct." It remains a common tool for applied ethics.
Etymology
According to the
Online Etymological Dictionary, the term and its agent noun "casuist", appearing from about 1600, derive from the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
noun , meaning "case", especially as referring to a "case of conscience". The same source says that "
en in the earliest printed uses the sense was pejorative".
History
Casuistry dates from
Aristotle
Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of phil ...
(384–322 BC), yet the zenith of casuistry was from 1550 to 1650, when the
Society of Jesus
, image = Ihs-logo.svg
, image_size = 175px
, caption = ChristogramOfficial seal of the Jesuits
, abbreviation = SJ
, nickname = Jesuits
, formation =
, founders ...
used case-based reasoning, particularly in administering the
Sacrament of Penance
The Sacrament of Penance (also commonly called the Sacrament of Reconciliation or Confession) is one of the Sacraments of the Catholic Church, seven sacraments of the Catholic Church (known in Eastern Christianity as sacred mysteries), in which ...
(or "confession"). The term became pejorative following
Blaise Pascal
Blaise Pascal ( , , ; ; 19 June 1623 – 19 August 1662) was a French mathematician, physicist, inventor, philosopher, and Catholic Church, Catholic writer.
He was a child prodigy who was educated by his father, a tax collector in Rouen. Pa ...
's attack on the misuse of the method in his ''
Provincial Letters
The ''Lettres provinciales'' (''Provincial letters'') are a series of eighteen letters written by French philosopher and theologian Blaise Pascal under the pseudonym Louis de Montalte. Written in the midst of the formulary controversy between ...
'' (1656–57). The French
mathematician
A mathematician is someone who uses an extensive knowledge of mathematics in their work, typically to solve mathematical problems.
Mathematicians are concerned with numbers, data, quantity, structure, space, models, and change.
History
On ...
, religious philosopher and
Jansenist
Jansenism was an early modern theological movement within Catholicism, primarily active in the Kingdom of France, that emphasized original sin, human depravity, the necessity of divine grace, and predestination. It was declared a heresy by th ...
sympathiser attacked priests who used casuistic reasoning in confession to placate wealthy church donors. Pascal charged that aristocratic penitents could confess a sin one day, re-commit it the next, then generously donate to the church and return to re-confess their sin in confidence of being assigned only a nominal penance. These criticisms darkened casuistry's reputation in following centuries. For example, the ''
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a com ...
'' quotes a 1738 essay by
Henry St. John, 1st Viscount Bolingbroke to the effect that casuistry "destroys, by distinctions and exceptions, all morality, and effaces the essential difference between right and wrong, good and evil"
The 20th century saw a revival of interest in casuistry. In their book ''The Abuse of Casuistry: A History of Moral Reasoning'' (1988), Albert Jonsen and
Stephen Toulmin argue that it is not casuistry but the abuse of casuistry that has been a problem; that, properly used, casuistry is powerful reasoning. Jonsen and Toulmin offer casuistry as a method for dissolving the contradictory tenets of
moral absolutism
Moral absolutism is an ethical view that some (potentially all) actions are intrinsically right or wrong. Stealing, for instance, might be considered to be always immoral, even if done for the well-being of others (e.g., stealing food to feed a ...
and
moral relativism
Moral relativism or ethical relativism (often reformulated as relativist ethics or relativist morality) is used to describe several philosophical positions concerned with the differences in moral judgments across different peoples and cultures. ...
. In addition, the ethical philosophies of
utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals.
Although different varieties of utilitarianism admit different charact ...
(especially
preference utilitarianism
Preference utilitarianism (also known as preferentialism) is a form of utilitarianism in contemporary philosophy. It is distinct from original utilitarianism in that it values actions that fulfill the most ''personal interests'', as opposed to ...
) and
pragmatism
Pragmatism is a philosophical tradition that considers words and thought as tools and instruments for prediction, problem solving, and action, and rejects the idea that the function of thought is to describe, represent, or mirror reality. ...
have been identified as employing casuistic reasoning.
Early modernity
The casuistic method was popular among
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
thinkers in the early modern period. Casuistic authors include
Antonio Escobar y Mendoza
Antonio Escobar y Mendoza (15894 July 1669) was the leading ethicist of his time.
Biography
Born at Valladolid in Castile, he was educated by Jesuits before entering this order, aged fifteen.
He soon became a famous preacher, and his facility w ...
, whose ''Summula casuum conscientiae'' (1627) enjoyed a great success,
Thomas Sanchez
Tomás Sánchez (1550 – 19 May 1610) 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 ...
,
Vincenzo Filliucci (Jesuit and
penitentiary
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correcti ...
at
St Peter's),
Antonino Diana
Antonino Diana (c. 1586 – July 20, 1663) 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 Ur ...
,
Paul Laymann
Paul may refer to:
*Paul (given name), a given name (includes a list of people with that name)
*Paul (surname), a list of people
People
Christianity
*Paul the Apostle (AD c.5–c.64/65), also known as Saul of Tarsus or Saint Paul, early Chris ...
(''Theologia Moralis'', 1625),
John Azor (''Institutiones Morales'', 1600),
Etienne Bauny,
Louis Cellot
Louis Cellot (Cellotius) (1588-20 October 1658) 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 t ...
,
Valerius Reginaldus, and
Hermann Busembaum (d. 1668). One of the main theses of casuists was the need to adapt the rigorous morals of the
Early Fathers of
Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global pop ...
to modern conditions and concerns. This led in some extreme cases to justification of
usury
Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is ch ...
,
homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
,
regicide
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
,
lying
A lie is an assertion that is believed to be false, typically used with the purpose of deception, deceiving or Deception, misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a l ...
through "
mental reservation
Mental reservation (or mental equivocation) is an ethical theory and a doctrine in moral theology that recognizes the "lie of necessity", and holds that when there is a conflict between justice and veracity, it is justice that should prevail. The ...
",
adultery and loss of virginity before marriage—all cases registered by
Pascal in his ''
Provincial Letters
The ''Lettres provinciales'' (''Provincial letters'') are a series of eighteen letters written by French philosopher and theologian Blaise Pascal under the pseudonym Louis de Montalte. Written in the midst of the formulary controversy between ...
''.
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.
Certain kinds of casuistry were criticized by early
Protestant theologians
Protestantism is a branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers p ...
, because it was used in order to justify many of the abuses that they sought to reform. It was famously attacked by the Catholic and
Jansenist
Jansenism was an early modern theological movement within Catholicism, primarily active in the Kingdom of France, that emphasized original sin, human depravity, the necessity of divine grace, and predestination. It was declared a heresy by th ...
philosopher
Pascal, during the
formulary controversy
The formulary controversy was a 17th- and 18th-century Jansenist refusal to confirm the ''Formula of Submission for the Jansenists'' on the part of a group of Catholic ecclesiastical personnel and teachers who did not accept the charge that their ...
against the Jesuits, in his
Provincial Letters
The ''Lettres provinciales'' (''Provincial letters'') are a series of eighteen letters written by French philosopher and theologian Blaise Pascal under the pseudonym Louis de Montalte. Written in the midst of the formulary controversy between ...
as the use of
rhetorics
Rhetoric () is the art of persuasion, which along with grammar and logic (or dialectic), is one of the three ancient arts of discourse. Rhetoric aims to study the techniques writers or speakers utilize to inform, persuade, or motivate part ...
to justify moral laxity, which became identified by the public with Jesuitism; hence the everyday use of the term to mean complex and
sophist
A sophist ( el, σοφιστής, sophistes) was a teacher in ancient Greece in the fifth and fourth centuries BC. Sophists specialized in one or more subject areas, such as philosophy, rhetoric, music, athletics, and mathematics. They taught ' ...
ic reasoning to justify moral laxity. By the mid-18th century, "casuistry" had become a synonym for specious moral reasoning.
However,
Puritans
The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. P ...
were known for their own development of casuistry.
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
Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
. Despite this papal condemnation, both Catholicism and Protestantism permit the use of ambiguous and equivocal statements in specific circumstances.
Later modernity
G. E. Moore dealt with casuistry in chapter 1.4 of his ''
Principia Ethica
''Principia Ethica'' is a 1903 book by the British philosopher G. E. Moore, in which the author insists on the indefinability of "good" and provides an exposition of the naturalistic fallacy. ''Principia Ethica'' was influential, and Moore's a ...
'', in which he claims 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". Furthermore, he asserted that "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 refers to the practical aspect of moral considerations. It is ethics with respect to real-world actions and their moral considerations in the areas of private and public life, the professions, health, technology, law, and leadersh ...
has revived the ideas of casuistry in applying ethical reasoning to particular cases in
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
,
bioethics
Bioethics is both a field of study and professional practice, interested in ethical issues related to health (primarily focused on the human, but also increasingly includes animal ethics), including those emerging from advances in biology, med ...
, and
business ethics
Business ethics (also known as Corporate Ethics) is a form of applied ethics or professional ethics, that examines ethical principles and moral or ethical problems that can arise in a business environment. It applies to all aspects of business co ...
, so the reputation of casuistry is somewhat rehabilitated.
Pope Francis
Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013. ...
, a Jesuit, has criticized casuistry as "the practice of setting general laws on the basis of exceptional cases" in instances where a more holistic approach would be preferred.
"Pope to meet with sex abuse victims for first time in June", Francis X. Rocca
Catholic News Service. Online.
See also
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References
Further reading
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* Bliton, Mark J. (1993). The Ethics of Clinical Ethics Consultation: On the Way to Clinical Philosophy (Diss. Vanderbilt)
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* Carney, Bridget Mary. (1993). Modern Casuistry: An Essential But Incomplete Method for Clinical Ethical Decision-Making. (Diss., Graduate Theological Union).
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* 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)
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* 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.
* Gallagher, Lowell (1991). Medusa's Gaze: Casuistry and Conscience in the Renaissance (Stanford)
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* Green, Bryan S. (1988). Literary Methods and Sociological Theory: Case Studies of Simmel and Weber (Albany)
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* Houle, Martha Marie (1983). The Fictions of Casuistry and Pascal's Jesuit in "Les Provinciales" (Diss. U California, San Diego)
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* Jonsen, Albert R. (1986). "Casuistry" in J.F. Childress and J. Macgvarrie, eds. Westminster Dictionary of Christian Ethics (Philadelphia)
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* Jonsen, Albert R. and Stephen Toulmin (1988). The Abuse of Casuistry: A History of Moral Reasoning (California).
* Keenan, James F., S.J. and Thomas A. Shannon. (1995). The Context of Casuistry (Washington).
* Kirk, K. (1936). Conscience and Its Problems, An Introduction to Casuistry (London)
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* Kuczewski, Mark G. (1994). Fragmentation and Consensus in Contemporary Neo-Aristotelian Ethics: A Study in Communitarianism and Casuistry (Diss., Duquesne U).
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* Long, Edward LeRoy, junior (1954). Conscience and Compromise: an Approach to Protestant Casuistry (Philadelphia, Penn.: Westminster Press)
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* 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).
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* 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.
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* 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 Conclusions: The Philosophical Use of Case Studies in Biomedical Ethics (Diss., Georgetown U).
* Pascal, Blaise (1967). The Provincial Letters (London).
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* Río Parra, Elena del (2008). Cartografías de la conciencia española en la Edad de Oro (Mexico).
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* Seiden, Melvin (1990). Measure for Measure: Casuistry and Artistry (Washington).
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* Smith, David H. (1991). "Stories, Values, and Patient Care Decisions." in Charles Conrad, ed. The Ethical Nexus: Values in Organizational Decision Making. (New Jersey).
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* Starr, G. (1971). Defoe and Casuistry (Princeton).
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* 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).
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* Taylor, Richard (1984). Good and Evil – A New Direction: A Foreceful Attack on the Rationalist Tradition in Ethics (Buffalo).
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* Toulmin, Stephen (1988). "The Recovery of Practical Philosophy." The American Scholar, Vol. 57, pp. 337–352.
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* Weinstein, Bruce David (1989). The Possibility of Ethical Expertise (Diss. Georgetown U).
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* Wildes, Kevin Wm., S.J. (1993). The View for Somewhere: Moral Judgment in Bioethics (Diss. Rice U).
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* Zacker, David J. (1991). Reflection and Particulars: Does Casuistry Offer Us Stable Beliefs About Ethics? (M.A. Thesis, Western Michigan U).
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External links
''Dictionary of the History of Ideas''
"Casuistry"
article on how modern compliance regimes in accountancy and law apply casuistry
catalogued at she-philosopher.com
{{Authority control
Scholasticism
Applied ethics
Common law
Legal reasoning
Jurisprudence
Criticism of religion