Bradley Shingleton - Academia.edu (original) (raw)

Papers by Bradley Shingleton

Research paper thumbnail of Reinhold Niebuhr and the Epistemics of Tolerance

Theology Today, 2025

This article examines Reinhold Niebuhr’s understanding of tolerance as a response, in significant... more This article examines Reinhold Niebuhr’s understanding of tolerance as a response, in significant part, to the epistemic distortions that inhibit the self’s comprehension of truth. His concept of tolerance emphasizes its subjective dimension, and involves a recognition of tendencies of the self to favor its own preferences and perspectives. Acknowledgment of one’s preferential perspectives requires self-critical scrutiny in light of what Niebuhr sees as the paradoxical character of truth. While he proposes a provocative basis for tolerance that deserves renewed attention, he does not address some of its practical challenges, such as distinguishing the tolerable from the intolerable. Nevertheless, Niebuhr’s notion of tolerance contributes to a deepened understanding of its grounding in the capabilities and constraints of selfhood.

Research paper thumbnail of The Children at Eighty

Harvard Divinity Bulletin, 2024

This article explores the contemporary relevance of Reinhold Niebuhr's work on democracy, The Chi... more This article explores the contemporary relevance of Reinhold Niebuhr's work on democracy, The Children of Light and the Children of Darkness, published 80 years ago this year.

Research paper thumbnail of Toward a Niebuhrian Ethics of Democracy

Theology Today, Sep 30, 2023

This article proposes certain elements of an ethics of democracy based on the writings of Reinhol... more This article proposes certain elements of an ethics of democracy based on the writings of Reinhold Niebuhr. It contends that Niebuhr's concept of democracy must be interpreted in light of his anthropology, and argues that his anthropology provides a broader and more suggestive basis for a contemporary democratic ethics than do his mid-century writings on democracy. The article identifies certain values as foundational for duties of a democratic ethics. These values ground three principal duties of a democratic ethics: a duty of civility, of deliberation, and of tolerance. The duties are derived from fundamental characteristics of human selfhood as Niebuhr conceived it, but they are elaborated here in ways more adequate to the contemporary situation.

Research paper thumbnail of Ethical considerations in the treatment of breast cancer

Cancer, Aug 15, 1980

There is a growing awareness by the medical profession and the public of the increasing complexit... more There is a growing awareness by the medical profession and the public of the increasing complexity of medical ethics. Advances in medical technology have raised new ethical problems. The scope of medical ethics needs to be broadened to provide guidance for new problems encountered by physicians in the rapidly developing science of medicine. Major bioethical principles have been suggested-beneficience, nonmaleficence, justice, equity, veracity, and autonomy. These are all issues debated in the general field of ethics. Society can gain greatest benefit by having these issues debated and discussed by physicians, philosophers, theologians, lawyers, and laymen. General ethical principles involved in the doctor-patient relationship have been discussed, and applications of these principles in some areas of decision making related to breast cancer management have been presented.

Research paper thumbnail of Dimensions of German Unification: Economic, Social and Legal Analyses

German Studies Review, Oct 1, 1996

Research paper thumbnail of Motifs in Modern German Protestant Theologies of Law

Oxford Journal of Law and Religion, Jun 18, 2013

Research paper thumbnail of Toward a Niebuhrian Ethics of Democracy

Theology Today, 2023

This article proposes certain elements of an ethics of democracy based on the writings of Reinhol... more This article proposes certain elements of an ethics of democracy based on the writings of Reinhold Niebuhr. It contends that Niebuhr's concept of democracy must be interpreted in light of his anthropology, and argues that his anthropology provides a broader and more suggestive basis for a contemporary democratic ethics than do his mid-century writings on democracy. The article identifies certain values as foundational for duties of a democratic ethics. These values ground three principal duties of a democratic ethics: a duty of civility, of deliberation, and of tolerance. The duties are derived from fundamental characteristics of human selfhood as Niebuhr conceived it, but they are elaborated here in ways more adequate to the contemporary situation.

Research paper thumbnail of Property Rights in Eastern Germany: An Overview of the Amended Property Law

The Georgia Journal of International and Comparative Law, 1991

I Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik fiber... more I Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik fiber die Herstellung der Einheit Deutschlands-Einigungsvertrag-, 1990 BUNDEScESETZBLATr [BGBI] II 889. For extensive background information concerning the facts and early legislation of the Unification, see generally Michael Thomerson, Note, The Privatization of Socialist Property on East Germany's Path to Democracy,

Research paper thumbnail of Intrapersonal Compromise and Ethical Deliberation

Studies in Christian Ethics

Compromise is usually associated with concerns about expedience and feelings of regret. It is see... more Compromise is usually associated with concerns about expedience and feelings of regret. It is seen as requiring the surrender of principle in order to avoid a worse outcome. This article proposes an alternative concept of compromise, one that complements without wholly replacing traditional notions of it. It focuses on the intrapersonal aspect of compromise, and envisions it as concerned with maintaining a sense of coherence in how one sees oneself as an ethical agent. This involves consideration of ethical identity, and of the nature of principles as guides for action. The alternative conception proposed hopefully leads to a more affirmative idea of compromise, one less burdened with a sense of remorse.

Research paper thumbnail of Ethical Dissonance, Ethical Disjuncture, and the Autonomous Spheres

Journal of Religious Ethics, 2021

Research paper thumbnail of UNCLOS III and the struggle for law: The elusive customary law of seabed mining

Ocean Development & International Law, 1983

Research paper thumbnail of The Global Ethic and Law: Intersections and Interactions

Research paper thumbnail of Germany at the crossroads : foreign and domestic policy issues

Part 1 Foreign and security policy issues: a unified Germany and European security, Dana H. Allin... more Part 1 Foreign and security policy issues: a unified Germany and European security, Dana H. Allin and Daniel H. Mudd the politics of Franco-German arms collaboration - between sovereignty and alliance, Jonathan B. Tucker German-American relations after the Cold War, Dana H. Allin. Part 2 Political issues: European integration and the German Lander - lost competence or found opportunity?, Jon M. Appleton Momper at Germany's dawn, John Meakem. Part 3 Economic issues: German monetary union - the inevitable experiment, Melinda Hargrave-Kanzow German trade and joint ventures with the East, Cole Thompson East German firms in the new Germany, Henrike Garkisch. Part 4 New technologies and public policy issues: private broadcasting in the Federal Republic of Germany, Barbara Reilly technology and the competitive advantage of nations - the case of biotechnology, Richard W. Morris negotiation and compromise in German environmental politics - government, industry and the public, Carol Deck ...

Research paper thumbnail of Document Production in the Federal Republic of Germany: Progress and Problems

Germany Through American Eyes, 2019

Research paper thumbnail of Dimensions of German Unification

Foreword, Ulrich Bopp. Part 1 German unification - economic aspects: introduction, Marian J. Gibb... more Foreword, Ulrich Bopp. Part 1 German unification - economic aspects: introduction, Marian J. Gibbon whither the treuhandanstalt?, Frederick R. Fucci the politics of restructuring business in the former GDR - the case of EKO Stahl, Mark J. Jrolf less than a universe of difference - evaluating the reality of German finance, Adam S. Posen Germany at Maastricht - diplomacy and domestic politics, Colette Mazzucelli Standort Deutschland - can a changing Germany compete in a changing world market?, Michael Zumwinkel. Part 2 German unification - social and cultural consequences: introduction, Kathryn S. Mack passages - east-west by north-south, Thomas A. Hagemann a quiet land - reflections on dictatorship in East Germany, Angela J. Mendelson slouching toward capitalism - cultural transformation in Leipzig 1993, Lauren Stone rightist violence as a youth phenomenon in the new Germany, Bradden Weaver. Part 3 German unification - comparative legal issues: introduction, A. Bradley Shingleton "let the advertiser beware" - restrictions on comparative and misleading advertising under German unfair competition law, Sylvia Becker no more strangers, but fellow citizens - minority protection laws in the United States and Germany, Christopher S. Visick legal ethics as market interference - the example of the German residency requirement, Ingrid L. Lenhardt. Part 4 Alumni conference speeches: Germany in a new Europe, Kurt Biedenkopf pan-European policy after the end of the East-West conflict - German foreign policy needs new concepts, Karsten D. Voigt the need for civil courage, Yilmaz Karahasan.

Research paper thumbnail of Recognition and Mutuality: Pannenberg's Theology of Law

Journal of Law and Religion

Wolfhart Pannenberg is considered by many to be one of the preeminent living Protestant theologia... more Wolfhart Pannenberg is considered by many to be one of the preeminent living Protestant theologians. Now retired, Pannenberg's active career spanned almost five decades. From 1968 to 1994 he was Professor of Systematic Theology at the University of Munich; previously he taught in Mainz and Wuppertal in Germany. Pannenberg has published prolifically, culminating with his three-volume Systematic Theology. Even in retirement, Pannenberg has continued to publish extensively, producing several volumes over the past decade. He has lectured in the U.S. on numerous occasions, and many of his books and articles have appeared in English translation. In this country, Pannenberg is generally associated with the theology of hope, a now-dated movement that was characterized by an emphasis on eschatology and the proleptic anticipation of the future through the events of history. But that association reflects only a limited aspect of Pannenberg's lengthy career, one since eclipsed by the fu...

Research paper thumbnail of Book Review: Agape, Justice and Law: How Might Christian Love Shape Law?

Research paper thumbnail of UNCLOS III and the struggle for law: The elusive customary law of seabed mining

Ocean Development and International Law, 1983

The negotiation of the recently concluded U.N. Convention on the Law of the Sea was prolonged and... more The negotiation of the recently concluded U.N. Convention on the Law of the Sea was prolonged and complicated by political, ideological, and economic differences among the parties. A further, insufficiently recognized, source of difficulty concerning the seabed mining regime has been the ambiguous status of the customary law of seabed mining. According to the developed states, seabed mining is within the scope of customary high seas freedoms, while for some developing states seabed exploitation is a recent technological innovation not encompassed by the traditional high seas regime. This paper argues that these differences of legal opinion have led the parties to employ diverse negotiating strategies, and have generated contrasting perceptions of the consequences of the failure to conclude a conventional seabed mining regime. Furthermore, the legal disagreements among the parties reveal that the consensually based, traditional process of forming customary law is under considerable stress, a development that has adverse consequences for the international legal order.

Books by Bradley Shingleton

Research paper thumbnail of Book flyer

This flyer describes a recent book I authored on some interpretations of human law by several Con... more This flyer describes a recent book I authored on some interpretations of human law by several Continental theologians and ethicists.

Drafts by Bradley Shingleton

Research paper thumbnail of Wounded Justice?: The Post-War Judicial Pursuit of Bonhoeffer's Executioners

While Bonhoeffer wrote little about human law, it figured meaningfully in his personal experience... more While Bonhoeffer wrote little about human law, it figured meaningfully in his personal experience and in the development of his ethical thought. Several members of his family were lawyers. He owned and studied books on legal and constitutional theory, and attended closely to the writings of Barth on human law and justice. His brothers-in-law Hans von Dohnanyi and Gerhard Leibholz, both lawyers, played important roles in the development of his thinking during the 1930s. In his study of the role of law and politics in Bonhoeffer's ethical thought during the rise of Nazism, Christoph Strohm contends that Bonhoeffer's dialogue with jurists active in politics and academics exerted considerable influence. 1 Of course, his arrest, imprisonment and execution caused him to become entangled with the National Socialist judicial system.

Research paper thumbnail of Reinhold Niebuhr and the Epistemics of Tolerance

Theology Today, 2025

This article examines Reinhold Niebuhr’s understanding of tolerance as a response, in significant... more This article examines Reinhold Niebuhr’s understanding of tolerance as a response, in significant part, to the epistemic distortions that inhibit the self’s comprehension of truth. His concept of tolerance emphasizes its subjective dimension, and involves a recognition of tendencies of the self to favor its own preferences and perspectives. Acknowledgment of one’s preferential perspectives requires self-critical scrutiny in light of what Niebuhr sees as the paradoxical character of truth. While he proposes a provocative basis for tolerance that deserves renewed attention, he does not address some of its practical challenges, such as distinguishing the tolerable from the intolerable. Nevertheless, Niebuhr’s notion of tolerance contributes to a deepened understanding of its grounding in the capabilities and constraints of selfhood.

Research paper thumbnail of The Children at Eighty

Harvard Divinity Bulletin, 2024

This article explores the contemporary relevance of Reinhold Niebuhr's work on democracy, The Chi... more This article explores the contemporary relevance of Reinhold Niebuhr's work on democracy, The Children of Light and the Children of Darkness, published 80 years ago this year.

Research paper thumbnail of Toward a Niebuhrian Ethics of Democracy

Theology Today, Sep 30, 2023

This article proposes certain elements of an ethics of democracy based on the writings of Reinhol... more This article proposes certain elements of an ethics of democracy based on the writings of Reinhold Niebuhr. It contends that Niebuhr's concept of democracy must be interpreted in light of his anthropology, and argues that his anthropology provides a broader and more suggestive basis for a contemporary democratic ethics than do his mid-century writings on democracy. The article identifies certain values as foundational for duties of a democratic ethics. These values ground three principal duties of a democratic ethics: a duty of civility, of deliberation, and of tolerance. The duties are derived from fundamental characteristics of human selfhood as Niebuhr conceived it, but they are elaborated here in ways more adequate to the contemporary situation.

Research paper thumbnail of Ethical considerations in the treatment of breast cancer

Cancer, Aug 15, 1980

There is a growing awareness by the medical profession and the public of the increasing complexit... more There is a growing awareness by the medical profession and the public of the increasing complexity of medical ethics. Advances in medical technology have raised new ethical problems. The scope of medical ethics needs to be broadened to provide guidance for new problems encountered by physicians in the rapidly developing science of medicine. Major bioethical principles have been suggested-beneficience, nonmaleficence, justice, equity, veracity, and autonomy. These are all issues debated in the general field of ethics. Society can gain greatest benefit by having these issues debated and discussed by physicians, philosophers, theologians, lawyers, and laymen. General ethical principles involved in the doctor-patient relationship have been discussed, and applications of these principles in some areas of decision making related to breast cancer management have been presented.

Research paper thumbnail of Dimensions of German Unification: Economic, Social and Legal Analyses

German Studies Review, Oct 1, 1996

Research paper thumbnail of Motifs in Modern German Protestant Theologies of Law

Oxford Journal of Law and Religion, Jun 18, 2013

Research paper thumbnail of Toward a Niebuhrian Ethics of Democracy

Theology Today, 2023

This article proposes certain elements of an ethics of democracy based on the writings of Reinhol... more This article proposes certain elements of an ethics of democracy based on the writings of Reinhold Niebuhr. It contends that Niebuhr's concept of democracy must be interpreted in light of his anthropology, and argues that his anthropology provides a broader and more suggestive basis for a contemporary democratic ethics than do his mid-century writings on democracy. The article identifies certain values as foundational for duties of a democratic ethics. These values ground three principal duties of a democratic ethics: a duty of civility, of deliberation, and of tolerance. The duties are derived from fundamental characteristics of human selfhood as Niebuhr conceived it, but they are elaborated here in ways more adequate to the contemporary situation.

Research paper thumbnail of Property Rights in Eastern Germany: An Overview of the Amended Property Law

The Georgia Journal of International and Comparative Law, 1991

I Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik fiber... more I Vertrag zwischen der Bundesrepublik Deutschland und der Deutschen Demokratischen Republik fiber die Herstellung der Einheit Deutschlands-Einigungsvertrag-, 1990 BUNDEScESETZBLATr [BGBI] II 889. For extensive background information concerning the facts and early legislation of the Unification, see generally Michael Thomerson, Note, The Privatization of Socialist Property on East Germany's Path to Democracy,

Research paper thumbnail of Intrapersonal Compromise and Ethical Deliberation

Studies in Christian Ethics

Compromise is usually associated with concerns about expedience and feelings of regret. It is see... more Compromise is usually associated with concerns about expedience and feelings of regret. It is seen as requiring the surrender of principle in order to avoid a worse outcome. This article proposes an alternative concept of compromise, one that complements without wholly replacing traditional notions of it. It focuses on the intrapersonal aspect of compromise, and envisions it as concerned with maintaining a sense of coherence in how one sees oneself as an ethical agent. This involves consideration of ethical identity, and of the nature of principles as guides for action. The alternative conception proposed hopefully leads to a more affirmative idea of compromise, one less burdened with a sense of remorse.

Research paper thumbnail of Ethical Dissonance, Ethical Disjuncture, and the Autonomous Spheres

Journal of Religious Ethics, 2021

Research paper thumbnail of UNCLOS III and the struggle for law: The elusive customary law of seabed mining

Ocean Development & International Law, 1983

Research paper thumbnail of The Global Ethic and Law: Intersections and Interactions

Research paper thumbnail of Germany at the crossroads : foreign and domestic policy issues

Part 1 Foreign and security policy issues: a unified Germany and European security, Dana H. Allin... more Part 1 Foreign and security policy issues: a unified Germany and European security, Dana H. Allin and Daniel H. Mudd the politics of Franco-German arms collaboration - between sovereignty and alliance, Jonathan B. Tucker German-American relations after the Cold War, Dana H. Allin. Part 2 Political issues: European integration and the German Lander - lost competence or found opportunity?, Jon M. Appleton Momper at Germany's dawn, John Meakem. Part 3 Economic issues: German monetary union - the inevitable experiment, Melinda Hargrave-Kanzow German trade and joint ventures with the East, Cole Thompson East German firms in the new Germany, Henrike Garkisch. Part 4 New technologies and public policy issues: private broadcasting in the Federal Republic of Germany, Barbara Reilly technology and the competitive advantage of nations - the case of biotechnology, Richard W. Morris negotiation and compromise in German environmental politics - government, industry and the public, Carol Deck ...

Research paper thumbnail of Document Production in the Federal Republic of Germany: Progress and Problems

Germany Through American Eyes, 2019

Research paper thumbnail of Dimensions of German Unification

Foreword, Ulrich Bopp. Part 1 German unification - economic aspects: introduction, Marian J. Gibb... more Foreword, Ulrich Bopp. Part 1 German unification - economic aspects: introduction, Marian J. Gibbon whither the treuhandanstalt?, Frederick R. Fucci the politics of restructuring business in the former GDR - the case of EKO Stahl, Mark J. Jrolf less than a universe of difference - evaluating the reality of German finance, Adam S. Posen Germany at Maastricht - diplomacy and domestic politics, Colette Mazzucelli Standort Deutschland - can a changing Germany compete in a changing world market?, Michael Zumwinkel. Part 2 German unification - social and cultural consequences: introduction, Kathryn S. Mack passages - east-west by north-south, Thomas A. Hagemann a quiet land - reflections on dictatorship in East Germany, Angela J. Mendelson slouching toward capitalism - cultural transformation in Leipzig 1993, Lauren Stone rightist violence as a youth phenomenon in the new Germany, Bradden Weaver. Part 3 German unification - comparative legal issues: introduction, A. Bradley Shingleton "let the advertiser beware" - restrictions on comparative and misleading advertising under German unfair competition law, Sylvia Becker no more strangers, but fellow citizens - minority protection laws in the United States and Germany, Christopher S. Visick legal ethics as market interference - the example of the German residency requirement, Ingrid L. Lenhardt. Part 4 Alumni conference speeches: Germany in a new Europe, Kurt Biedenkopf pan-European policy after the end of the East-West conflict - German foreign policy needs new concepts, Karsten D. Voigt the need for civil courage, Yilmaz Karahasan.

Research paper thumbnail of Recognition and Mutuality: Pannenberg's Theology of Law

Journal of Law and Religion

Wolfhart Pannenberg is considered by many to be one of the preeminent living Protestant theologia... more Wolfhart Pannenberg is considered by many to be one of the preeminent living Protestant theologians. Now retired, Pannenberg's active career spanned almost five decades. From 1968 to 1994 he was Professor of Systematic Theology at the University of Munich; previously he taught in Mainz and Wuppertal in Germany. Pannenberg has published prolifically, culminating with his three-volume Systematic Theology. Even in retirement, Pannenberg has continued to publish extensively, producing several volumes over the past decade. He has lectured in the U.S. on numerous occasions, and many of his books and articles have appeared in English translation. In this country, Pannenberg is generally associated with the theology of hope, a now-dated movement that was characterized by an emphasis on eschatology and the proleptic anticipation of the future through the events of history. But that association reflects only a limited aspect of Pannenberg's lengthy career, one since eclipsed by the fu...

Research paper thumbnail of Book Review: Agape, Justice and Law: How Might Christian Love Shape Law?

Research paper thumbnail of UNCLOS III and the struggle for law: The elusive customary law of seabed mining

Ocean Development and International Law, 1983

The negotiation of the recently concluded U.N. Convention on the Law of the Sea was prolonged and... more The negotiation of the recently concluded U.N. Convention on the Law of the Sea was prolonged and complicated by political, ideological, and economic differences among the parties. A further, insufficiently recognized, source of difficulty concerning the seabed mining regime has been the ambiguous status of the customary law of seabed mining. According to the developed states, seabed mining is within the scope of customary high seas freedoms, while for some developing states seabed exploitation is a recent technological innovation not encompassed by the traditional high seas regime. This paper argues that these differences of legal opinion have led the parties to employ diverse negotiating strategies, and have generated contrasting perceptions of the consequences of the failure to conclude a conventional seabed mining regime. Furthermore, the legal disagreements among the parties reveal that the consensually based, traditional process of forming customary law is under considerable stress, a development that has adverse consequences for the international legal order.

Research paper thumbnail of Book flyer

This flyer describes a recent book I authored on some interpretations of human law by several Con... more This flyer describes a recent book I authored on some interpretations of human law by several Continental theologians and ethicists.

Research paper thumbnail of Wounded Justice?: The Post-War Judicial Pursuit of Bonhoeffer's Executioners

While Bonhoeffer wrote little about human law, it figured meaningfully in his personal experience... more While Bonhoeffer wrote little about human law, it figured meaningfully in his personal experience and in the development of his ethical thought. Several members of his family were lawyers. He owned and studied books on legal and constitutional theory, and attended closely to the writings of Barth on human law and justice. His brothers-in-law Hans von Dohnanyi and Gerhard Leibholz, both lawyers, played important roles in the development of his thinking during the 1930s. In his study of the role of law and politics in Bonhoeffer's ethical thought during the rise of Nazism, Christoph Strohm contends that Bonhoeffer's dialogue with jurists active in politics and academics exerted considerable influence. 1 Of course, his arrest, imprisonment and execution caused him to become entangled with the National Socialist judicial system.