Family Ethics, Misc

In this chapter we focus on the structure of close personal relations and diagnose how these relationships are disrupted by addiction. We draw upon Peter Strawson’s landmark paper ‘Freedom and Resentment’ (2008, first published 1962) to argue that loved ones of those with addiction veer between, (1) reactive attitudes of blame and resentment generated by disappointed expectations of goodwill and reciprocity, and (2) the detached objective stance from which the addicted person is seen as less blameworthy but also as less (...) fit for ordinary interpersonal relationships. We examine how these responses, in turn, shape the addicted person’s view of themselves, their character and their capacities, and provide a negative narrative trajectory that impedes recovery. We close with a consideration of how these effects might be mitigated by adopting less demanding variations of the participant stance. (shrink)

The following is an unedited/copy edited version of a review to appear in Ethics. if citation is desired, please cite to the published version when it appears (April 2021). -/- For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of (...) relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim that “open borders” are required by liberal principles of justice, develops his own “jurisdictional” account justifying immigration restrictions and the acceptable limits to these restrictions, and, in the most interesting and novel part of the book, discusses the role of virtues and values other than justice in relation to immigration policy, focusing specifically on the virtue of mercy. This last section of the book has potential for starting a rewarding line of research for political philosophers working on many topics, not just immigration. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially vulnerable to our conduct. I argue, though, (...) that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)

Some philosophers argue that we should limit procreation – for instance, to one child per person or one child per couple – in order to reduce our aggregate carbon footprint. I provide additional support to the claim that population size is a matter of justice, by explaining that we have a duty of justice towards the current generation of children to pass on to them a sustainable population. But instead of, or, more likely, alongside with, having fewer children in in (...) each family, we could also create families with more than two parents. I explore this possibility by pointing out the ways in which multi-parenting can advance children’s interests: in higher levels of well-being, in non-monopolistic child-rearing, and in a future opportunity to become themselves parents. (shrink)

Embora este volume é um pouco datado, há poucos livros populares recentes lidando especificamente com a psicologia do assassinato e é uma visão rápida disponível para alguns dólares, por isso ainda vale bem o esforço. Não faz nenhuma tentativa de ser detalhado e é um tanto superficial nos lugares, com o leitor esperado preencher os espaços em branco de seus muitos outros livros e a literatura vasta na violência. Para uma atualização ver, por exemplo, Buss, O Manual de Psicologia Evolucionária (...) 2ª ed. v1 (2016) p 265, 266, 270 – 282, 388 – 389, 545 – 546, 547, 566 e Buss, Psicologia Evolutiva 5º Ed. (2015) p 26, 96 – 97223, 293-4, 300, 309 – 312, 410 e Shackelford e Hansen , A Evolução da Violência (2014).Ele está entre os principais psicólogos evolucionários por várias décadas e abrange uma ampla gama de comportamentos em suas obras, mas aqui ele se concentra quase inteiramente sobre os mecanismos psicológicos que causam pessoas individuais a assassinar e seus possíveis função evolutiva no EEE (ambiente de adaptação evolutiva — i. e., as planícies da África durante os últimos milhões de anos ou mais). Buss começa por notar que, como com outros comportamentos, explicações ' alternativas ', tais como psicopatologia, ciúme, ambiente social, pressões de grupo, drogas e álcool, etc. não realmente explicam, uma vez que a questão ainda permanece a respeito de por que estes produzem impulsos homicida, ou seja, são as causas proximas e não as últimas evolutivas (genéticas). Como sempre, ele inevitavelmente se resume a aptidão inclusiva (seleção de parentes), e assim a luta pelo acesso a companheiros e recursos, que é a explicação definitiva para todo o comportamento em todos os organismos. Os dados sociológicos (e o senso comum) tornam claro que os machos mais pobres mais jovens são os mais propensos a matar. Ele apresenta seus próprios e outros dados de homicídio de nações industrializadas, e culturas tribais, morte conespecífica em animais, arqueologia, dados do FBI e sua própria pesquisa sobre as fantasias homicida das pessoas normais. Muita evidência arqueológica continua a acumular-se de assassinatos, incluindo o de grupos inteiros, ou de grupos menos jovens fêmeas, em tempos pré-históricos. Depois de examinar os comentários de Buss, apresento um breve resumo da psicologia intencional (a estrutura lógica da racionalidade), que é amplamente coberta em meus muitos outros artigos e livros. Aqueles com um monte de tempo que querem uma história detalhada de violência homicida de uma perspectiva evolutiva pode consultar Steven Pinker ' os melhores 2 anjos da nossa natureza por que a violência diminuiu ' (2012), e minha revisão do mesmo, facilmente disponível na net e em dois dos meus livros recentes. Momentaneamente, Pinker observa que o assassinato diminuiu firmemente e dramàtica por um fator de aproximadamente 30 desde nossos dias como Foragers. Assim, mesmo que as armas agora tornam extremamente fácil para qualquer um matar, homicídio é muito menos comum. Pinker acha que isso é devido a vários mecanismos sociais que trazem os nossos "melhores anjos", mas eu acho que é devido principalmente à abundância temporária de recursos do estupro implacável do nosso planeta, juntamente com a presença policial aumentada, com a comunicação e vigilância e sistemas jurídicos que fazem com que seja muito mais provável que seja punido. Isto torna-se claro cada vez que há mesmo uma breve e local ausência da polícia. Aqueles que desejam um quadro até à data detalhado para o comportamento humano da opinião moderna dos dois sistemas consultar meu livros Falando Macacos 3ª Ed (2019), A Estrutura Lógica da Filosofia, Psicologia, Mente e Linguagem em Ludwig Wittgenstein e John Searle 2a Ed (2019), Suicídio Pela Democracia,4aEd(2019), Entendendo as Conexões entre Ciência, Filosofia, Psicologia, Religião, Política e Economia Artigos e Análises 2006-2019 (2019), Ilusões Utópicas Suicidas no 21St século 5a Ed (2019), A Estrutura Lógica do Comportamento Humano (2019), e A Estrutura Lógica da Consciência (2019) e outras. (shrink)

Aunque este volumen es un poco anticuado, hay pocos libros populares recientes que tratan específicamente con la psicología del asesinato y es una visión general rápida disponible por unos pocos dólares, por lo que aún así vale la pena el esfuerzo. No hace ningún intento de ser exhaustiva y es algo superficial en los lugares, con el lector se espera que llene los espacios en blanco de sus muchos otros libros y la vasta literatura sobre la violencia. Para una actualización, (...) véase, por ejemplo, Buss, El Manual de Psicología Evolutiva 2a Ed. v1 (2016) p 265, 266, 270 – 282, 388 – 389, 545 – 546, 547, 566 y Buss, Psicología Evolutiva 5º Ed. (2015) p 26, 96 – 97223, 293-4, 300, 309 – 312, 410 y Shackelford y Hansen , La evolución de la violencia (2014). Ha estado entre los mejores psicólogos evolutivos durante varias décadas y cubre una amplia gama de comportamientos en sus obras, pero aquí se concentra casi enteramente en los mecanismos psicológicos que causan que las personas individuales asesinen y sus posibles función evolutiva en el EEE (medio ambiente de adaptación evolutiva — i. e., las llanuras de África durante los últimos millones de años). -/- Los Buss comienzan señalando que como con otros comportamientos, las explicaciones ' alternativas ' como la psicopatología, los celos, el entorno social, las presiones grupales, las drogas y el alcohol, etc. no explican realmente, ya que la pregunta sigue siendo en cuanto a por qué estos producen impulsos homicidas, es decir, son las causas próximas y no las últimas evolutivas (genéticas). Como siempre, inevitablemente se reduce a la aptitud inclusiva (selección de parientes), y por lo tanto a la lucha por el acceso a los compañeros y recursos, que es la máxima explicación para todos los comportamientos en todos los organismos. Los datos sociológicos (y el sentido común) aclaran que los machos más pobres son los más propensos a matar. Él presenta sus propios y otros datos de homicidios de las naciones industrializadas, y las culturas tribales, la matanza conespecífica en animales, la arqueología, los datos del FBI y su propia investigación sobre las fantasías homicidas de las personas normales. Mucha evidencia arqueológica continúa acumulando asesinatos, incluyendo el de grupos enteros, o de grupos menos mujeres jóvenes, en tiempos prehistóricos. -/- Después de examinar los comentarios de Buss, presento un breve resumen de la psicología intencional (la estructura lógica de la racionalidad), que se cubre extensamente en mis muchos otros artículos y libros. -/- Aquellos con mucho tiempo que quieran una historia detallada de violencia homicida desde una perspectiva evolutiva pueden consultar a Steven Pinker ' los mejores ángeles de nuestra naturaleza por qué la violencia ha disminuido ' (2012), y mi revisión de ella, fácilmente disponible en la red y en dos de mis libros recientes. Brevemente, Pinker señala que el asesinato ha disminuido de manera constante y dramática por un factor de alrededor de 30 desde nuestros días como forrajeras. Por lo tanto, a pesar de que las armas ahora hacen que sea extremadamente fácil matar a alguien, el homicidio es mucho menos común. Pinker piensa que esto se debe a varios mecanismos sociales que traen a cabo nuestros "mejores ángeles", pero creo que se debe principalmente a la abundancia temporal de recursos de la violación despiadada de nuestro planeta, junto con una mayor presencia policial, con la comunicación y sistemas de vigilancia y jurídicos que hacen que sea mucho más probable que sea castigado. Esto se hace claro cada vez que hay incluso una ausencia breve y local de la policía. -/- Aquellos que deseen un marco completo hasta la fecha para el comportamiento humano de la moderna dos sistemas punto de vista puede consultar mi libros Talking Monkeys 3ª ed (2019), Estructura Logica de Filosofia, Psicología, Mente y Lenguaje en Ludwig Wittgenstein y John Searle 2a ed (2019), Suicidio pela Democracia 4ª ed (2019), La Estructura Logica del Comportamiento Humano (2019), The Logical Structure de la Conciencia (2019, Entender las Conexiones entre Ciencia, Filosofía, Psicología, Religión, Política y Economía y Delirios Utópicos Suicidas en el siglo 21 5ª ed (2019), Observaciones sobre Imposibilidad, Incompletitud, Paraconsistencia, Indecidibilidad, Aleatoriedad, Computabilidad, Paradoja e Incertidumbre en Chaitin, Wittgenstein, Hofstadter, Wolpert, Doria, da Costa, Godel, Searle, Rodych Berto, Floyd, Moyal-Sharrock y Yanofsky y otras. (shrink)

Este volumen monográfico, desde una visión interdisciplinar aporta al estudio de la familia, así como al reconocimiento que se requiere en el ámbito educativo secundario y superior de una estructura consolidada del estudio de la bioética para una correcta educación en el cuidado de la vida, y de las políticas públicas que den estabilidad a la vida del hogar. 21 textos, dividos en cuatro secciones, desde el marco antropológico de la persona y la familia, abordan diversos ámbitos y temas relativos (...) al contexto familiar, tales como: el contexto psico-pedagógico, la bioética, el ciclo de vida familiar y la pastoral familiar. (shrink)

The article considers the problem of the system model of family counseling, in particular, the analysis of the family as a social system, as a complex of elements and their properties, which are in dynamic connections and relationships. The analysis of the theory of systems and the description of the principles of family counseling is carried out. Particular attention is paid to highlighting the main provisions of the individual (“adlerian”) psychology in counseling the family. -/- Currently among specialists there is (...) a high interest in the provision of psychological assistance to a family in crisis. This is largely due to the fact that over the past decades, the institution of the family in this country is experiencing an increase in destructive tendencies. This is evidenced by an increase in the number of appeals to school psychologists, psychological counseling, psychological services and centers from both the individual members of the family and families in general. -/- The psychological help to the family is positioned as a relatively new field of practice for a psychologist. The practice of counseling, including family, is largely determined by the theoretical skills of the counselor, primarily as (s)he understands the personality, determination of behavior, the source of family problems, and the possibility of change. Today, practitioners prefer the integrative method, which is a system approach. -/- The purpose of this article is to analyze the theory of systems as the basis of family counseling. The system model of family counseling is considered to be one of the youngest and most widespread models that received their recognition at the end of the twentieth century. (shrink)

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued that countries (...) that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

This paper aims to state the obvious – the commonsense, rational approach to child-producing. We have no general obligation to promote either the “general happiness” or the equalization of this and that. We have children if we want them, if their life prospects are decent – and if we can afford them, which is a considerable part of their life prospects being OK – and provided that in doing so we do not inflict injury on others. It’s extremely difficult to (...) do this latter, but affording them, in rich countries, is another matter. With that qualification, by and large people should just go ahead and have (or not have) children – as many as they think they want and can handle – as it suits them. (shrink)

Traditionally, most philosophers saw childhood as a state of deficiency and thought that its value was entirely dependent on how successfully it prepares individuals for adulthood. Yet, there are good reasons to think that childhood also has intrinsic value. Children possess certain intrinsically valuable abilities to a higher degree than adults. Moreover, going through a phase when one does not yet have a “self of one’s own,” and experimenting one’s way to a stable self, seems intrinsically valuable. I argue that (...) children can have good lives, on several understandings of well-being – as a pleasurable state, as the satisfaction of simple desires or as the realization of certain objective goods. In reply to the likely objection that only individuals capable of morality can have intrinsic value, I explain why it is plausible that children have sufficient moral agency to be as deserving of respect as adults. (shrink)

A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.

Generational differences in societies are characteristics generally attributed to people’s age that constitute a sociocultural phenomenon. Divisions in the generations differ across nations and extend even to civilizations. Perception and recognition of the different characteristics of each generation affect the cooperation between people in social, political, and economic capacities, and subsequently extend to entities in the public, informal, commercial, and nongovernmental sectors. From the perspective of social justice, it is important to draw attention to how workplace management techniques are used (...) to promote equal opportunities among representatives of various generations. (shrink)

“Age of life” is one of the essential characteristics that differentiate people. Age perception is also associated with social justice. The concept of age is defined ambiguously. At the same time, the different age criteria also forms the basis of age differentiation and age discrimination. The population lead to distinctions of age groups, age categories, and generations. Differences between generations also lead to Study in the concepts of intergenerationality, intergenerational justice, and intergenerational policies.

I distinguish between three different ideas that have been recently discussed under the heading of 'the intrinsic goods of childhood': that childhood is itself intrinsically valuable, that certain goods are valuable only for children, and that children are being owed other goods than adults. I then briefly defend the claim the childhood is intrinsically good. Most of the chapter is dedicated to the analysis, and rejection, of the claim that certain goods are valuable only for children. This has implications about (...) how a good society should trade off economic productivity on the one hand and goods such as play and unstructured time on the other hand. (shrink)

This is a small collection of proverbs with some philosophical content. I also included here are some of my favorite philosophical quotes. The quotes were collected during many years from my personal reading. I am sure that the reader will identify and enjoy proverbs and some quotes that are new and unique to this publication. A printed copy available at amazon.com. Feedback: gondork@yahoo.com .

Services for single parents constitute a category of child and family services. These services are carried out by public and non-governmental bodies for people who are single parents by the unfortunate events or by their own choice. Individuals come to single parenthood mainly through divorce, separation, birth outside of marriage, child abuse/neglect, death of a partner/widowhood, and adoption.

In this chapter, I describe my “post-diagnosis” experiences as the parent of an autistic child, those years in which I tried, but failed, to make sense of the overwhelming and often nonsensical information I received about autism. I argue that immediately after being given an autism diagnosis, parents are pressured into making what amounts to a life-long commitment to a therapy program that (they are told) will not only dramatically change their child, but their family’s financial situation and even their (...) entire mode of existence. Moreover, despite information overload, many treatment programs for autism rely on empty jargon and make completely unrealistic promises, so parents are left feeling overwhelmed and panicked. Even well respected therapy programs encourage parents to spend liberally. Indeed, autistic therapists, who help construct what I refer to as the Culture of Autism, advise parents to commit to a minimum of 35 to 45 hours of intensive therapy every week. The implications are clear: for a parent who works full-time, their autistic child becomes a second full-time job. Autism is big business right now, and therapists are pushing parents to the brink of desperation. So it is not too surprising that there is a desperate cry for a more permanent solution—which is why researchers seek to cure autism. But there are two ways to conceptualize cure. A Therapeutic Cure model (TC) conceives of a cure as a beneficial treatment for the patient that eliminates or ameliorates the harms of the disease or condition. But the notion of a therapeutic cure for autism is highly implausible, given the complexities of autism. Indeed, at this point, the vast majority of researchers have come to the conclusion that the idea of a therapeutic cure for autism is simply a non-starter. Therefore the bulk of research seeking a cure for autism focuses instead on a second approach, which I refer to as the Negative Eugenics Cure model (NEC). With this model, the intention is to eliminate the disease or condition without regard for the health or well-being of the organism carrying the disease or condition. So, with regard to autism, researchers are focusing on identifying genetic markers for autism that can be detected in utero, or in embryos, so that autistic fetuses can be eliminated and autism eradicated by preventing the existence of autistic individuals. I review both models and argue that both fail to provide convincing arguments that the “solution” either offers is desirable. Both rest on the assumption that autism renders a life not worth living which, all things considered, is false. Instead of pushing to cure autism, an idea pervasive in this Culture of Autism, I contend that autistics are individuals with lives worth living. Moreover, rather than expend millions on research to search for the means to eliminate autism, we should instead expend our resources to ensure autistic individuals have access to support they may need. If the phenomenology of autism were better understood and appreciated, the panicked demand for a cure for autism might abate and perhaps autism could be seen as having value in and of its own right. (shrink)

This essay investigates the demands on adult children to provide care for their elderly/ill parents from a socio-moral perspective. In order to narrow the examination, the question pursued here is agent-relative: What social and moral complexities are involved for the adult child when their parent(s) need care? First, this article examines our society’s expectation that adult children are morally obligated to provide care for their parents. Second, the essay articulates how transgressing against this normative expectation can inure significant moral criticism. (...) The final sections present these tensions within the context of disability. (shrink)

From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our (...) humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. (shrink)

This article begins the task of assessing polygamy as a moral ideal. The structure of traditional polygamy, in which only one central spouse may marry multiple partners, necessarily yields two inequalities. The central spouse has greater rights and expectations within each marriage and greater control over the wider family. However, two alternative structures for polygamy can remove these inequalities. In polyfidelity, each spouse marries every other spouse in the family. In “molecular” polygamy, any spouses may marry a new spouse outside (...) the family. These new models of polygamy face additional difficulties, but they can be egalitarian in principle. (shrink)

Contrary to what we might initially think, domestic violence is not simply a violation of respect. This characterization of domestic violence misses two key points. First, the issue of respect in connection with domestic violence is not as straightforward as it appears. Second, domestic violence is also a violation of care. These key points explain how domestic violence negatively affects a victim’s autonomy and agency—the ability to choose and pursue her own goals and life plan.We have a moral responsibility to (...) respond to the problem of domestic violence as individuals. But the state also has a responsibility to respond. According to Kant in the Doctrine of Right, one of the purposes of the state is to secure just treatment for everyone. I argue that this includes an obligation to put in place policies and services that will promote the autonomy and agency of victims of domestic violence. (shrink)

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to a (...) theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)