Conflicting obligations: Pufendorf, Leibniz and Barbeyrac on civil authority

Barbeyrac's republication of and commentary on Leibniz' attack on Pufendorf's natural-law doctrine is often seen as symptomatic of the failure of all three early moderns to solve a particular moral-philosophical problem: that of the relationship between civil authority and morality. Making use of the first English translation of Barbeyrac's work, this article departs from the usual view by arguing that here we are confronted by three conflicting constructions of civil obligation, arising not from the common intellectual terrain of moral philosophy, but from divergent religious and political cultures. If this approach makes the three constructions less susceptible to theoretical reconciliation, then it opens them to a more revealing historical investigation, in terms of the particular religious and political circumstances in which they arose, and which they were designed to address. The result is that these early modern struggles over the nature of civil obligation confront us again as unfinished historical business.

Desperately seeking donors: The 'saviour siblings' decision in quintaville v human fertilisation embryology authority (UK)

The recent House of Lords decision in Quintavalle v Human Fertilisation and Embryology Authority has raised difficult and complex issues regarding the extent to which embryo selection and reproductive technology can be used as a means of rectifying genetic disorders and treating critically ill children. This comment outlines the facts of Quintavalle and explores how the House of Lords approached the legal, ethical and policy issues that arose out of the Human Fertilisation and Embryology Authority's (UK) decision to allow reproductive and embryo technology to be used to produce a 'saviour sibling' whose tissue could be used to save the life of a critically ill child. Particular attention will be given to the implications of the decision in Quintavalle for Australian family and medical law and policy. As part of this focus, the comment explores the current Australian legislative and policy framework regarding the use of genetic and reproductive technology as a mechanism through which to assist critically ill siblings. It is argued that the present Australian framework would appear to impose significant limits on the medical uses of genetic technology and, in this context, would seem to reflect many of the principles that were articulated by the House of Lords in Quintavalle.

Charlatan philosopher and wise enchantress: Seduction and authority in eighteenth-century French discourses on happiness

In late 1757 Rousseau wrote a series of moral letters on happiness to Mme Sophie d'Houdetot. He distinguished himself and his teaching from the empty babble and hypocrisy prevalent in 'the century of philosophy and reason'. Philosophers were charlatans peddling happiness. This paper shows how Rousseau's critique of philosophy reworks the standard image of charlatans in the public square. It highlights a questioning and a gendering of reason implicit in the issue of credentials for teaching happiness. Against the dubious authority of the philosopher, Rousseau casts Sophie as the wise enchantress whose gentle influence inspires her tutor. He places moral authority outside the public square in a private, feminine domain. Rousseau's ideal woman cannot be a tainted charlatan like him. Yet the very opposition puts her in her place. (Author abstract)