Jewish Ethics

Halakha consists of a variety of laws that determine the halakhic status of various actions. Halakhic laws, by their very nature, have a general aspect in that they apply to all similar actions under similar conditions. In this paper, I examine, from a philosophical-analytical point of view, the relationship between the general aspect of the halakhic laws and the fact that these laws apply to particular actions. After the introduction, this paper is divided into three parts. First, I distinguish between (...) two competing theses regarding the "metaphysical order" between the general aspect of halakhic law and its individual cases. The first one, I call 'Halakhic Generalism', according to which the general aspect of Halakhic law has essential precedence. The second one I refer to as 'Halakhic Particularism', according to which the general aspect of the halakhic law is nothing more than a generalization of all its individual cases. In the second part of the paper, I argue that the particularist position has the power to justify a unique and puzzling halakhic principle. According to this principle, in cases of normative over-determination where the same action is forbidden due to two different halakhic laws, then "a prohibition does not apply to a prohibition". Finally, I compare the reasoning I offer for this principle to alternative justifications of said principle. I argue that, compared to the alternatives, the particularist position provides the best explanation for the principle. (shrink)

This review essay (in Hebrew) considers the volume Judaism, Race, and Ethics, edited by Jonathan K. Crane (Penn, 2020), and briefly presents the content of the articles included in this important volume. The review then raises several substantial axiological and linguistic questions considering the term "race", and suggests some moral insights from Jewish tradition regarding the idea of the oneness of humanity and of all human creatures, as a basis for opposing racism.

According to a prominent view in Jewish-Halakhic literature, “mitzvot (commandments) require intention.” That is, to fulfill one’s obligation in performing a commandment, one must intend to perform the act because it’s a mitzvah; one must take the fact that one’s act is a mitzvah as her reason for doing the action. I argue that thus understood, this Halakhic view faces a revised version of Thomas Hurka’s recent dilemma for structurally similar views in ethics: either it makes it a necessary condition (...) for the act’s being a mitzvah that one has a false belief about the act’s Halakhic status, or it commits proponents of the “mitzvot require intention” view to a sort of rational failure in performing the mitzvot. The dilemma arises, however, only if we interpret this Halakhic view as requiring one to have a belief about her act’s Halakhic status in order for it to have this status. I suggest that the dilemma can be avoided by interpreting the intention requirement as requiring a make-belief, instead of a belief. Under this understanding, Halakha (or God) doesn’t care about why one performs an act of a mitzvah, but rather about how she does it; how she sees and experiences her action. This suggests another form of worship central to Judaism—worship via make-believing. (shrink)

A number of Christian theologians and philosophers have been critical of overly moralizing approaches to the doctrine of sin, but nearly all Christian thinkers maintain that moral fault is necessary or sufficient for sin to obtain. Call this the “Moral Consensus.” I begin by clarifying the relevance of impurities to the biblical cataloguing of sins. I then present four extensional problems for the Moral Consensus on sin, based on the biblical catalogue of sins: (1) moral over-demandingness, (2) agential unfairness, (3) (...) moral repugnance, and (4) moral atrocity. Next, I survey several partial solutions to these problems, suggested by the recent philosophical literature. Then I evaluate two largely unexplored solutions: (a) genuine sin dilemmas and (b) defeasible sinfulness. I argue that (a) creates more problems than it solves and that, while (b) is well-motivated and solves or eases each of the above problems, (b) leaves many biblical ordinances about sin morally misleading, creating (5) a pedagogical problem of evil. I conclude by arguing that (5) places hefty explanatory burdens on those who would appeal to (b) to resolve the four extensional problems discussed in this paper. So Christian thinkers may need to consider a more radical separation of sin and moral fault. (shrink)

Effective altruism has become a worldwide phenomenon. The movement combines empathy and reason in the attempt to improve the world. Adherents don’t let moral gut instincts dictate their altruistic efforts, but use evidence and reflection to do the most good they can. Effective altruism originated, and primarily grew, in strongly secular environments—such as philosophy departments or Silicon Valley. So far, a religious perspective on this movement has been lacking. What can people of faith learn from effective altruism? What may they (...) criticise? What can effective altruism in turn take from religion? This volume offers a first examination of these questions, covering various Christian as well as Jewish and Buddhist perspectives. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

In the Hebrew Scriptures, there are familiar consequences for disobedience to God—destruction of holy sites, slavery, exile, and death. But there is one consequence that is less familiar and of special interest in this chapter. Disobedience to God sometimes results in stark reversals in God’s very relationship and experiential availability to God’s own people. Such people may even remove God’s very presence. This is a curious form of punishment that threatens the very spiritual identity of the victims of the reversal. (...) This chapter explores divine reversal in the Hebrew Scriptures (and its continuation in the New Testament). Insofar as the self-identified people of God commit positive injustices against others, and even insofar as they are culpable for failing to prevent such injustices from occurring, devotees of the Hebrew Scriptures—so, devout Jews and Christians alike—ought to take seriously the possibility that God will side with those who suffer the injustices and even, in a sense, sanctify their life, practices, and identity. Divine reversals pose problems for Jewish and Christian ethics, which must grapple with the possibility that God might seem to adopt inconsistent moral positions across time—or at least inconsistent moral postures. (shrink)

Sublinhando que a evocação dos acontecimentos que tiveram lugar ab origine converge, segundo a perspectiva mítico-religiosa, para a manifestação das forças sagradas, de acordo com o referencial teórico-conceitual de Eliade, o artigo assinala que tal invocação implica uma correlação de narrativas míticas e gestos e ações paradigmáticas que se destinam a suscitar o poder sagrado e a produção de seus efeitos, ressaltando a prece como poder mágico de exercer influência sobrenatural, como afirma Mauss. Dessa forma, analisando a oração que caracteriza (...) o monoteísmo judaico-cristão, o artigo assinala o relacionamento pactual que encerra Javé e Israel como um processo que implica a Sua invocação como Deus, que converge para manifestações e intervenções na vida do povo em sua realidade concreta, perfazendo, segundo a perspectiva bíblico-teológica neotestamentária, uma construção que encerra a expressão da existência escatológica e realização de si em Bultmann. Finalizando, baseado na perspectiva teológico-filosófica de Tillich, o texto sublinha o poder que implica a oração em um processo que se sobrepõe às estruturas supraindividuais de destruição através do novo ser que o Deus-Homem Jesus Cristo manifesta e que envolve a capacidade de superar as estruturas escravizadoras do mal e as consequências autodestruidoras do estado de alienação existencial. (shrink)

One of the best-known principles of halakha is that Shabbat is violated to save a life. Who does this saving and how do we know that a life is in danger? What categories of illness violate Shabbat and who decides? A historical-sociological analysis of the roles played by Jew, non-Jew, and physician according to the approach of “medical cosmology” can help us understand the differences in the approach of the Shulchan Aruch compared to later decisors (e.g., the Mishnah Berurah). Such (...) differences illuminate how premodern medical triage coexisted with a different halakhic understanding than that of the biomedical age. (shrink)

Anticipating Martin Buber, Hermann Cohen said we must recognize the living, breathing individual as a “Thou,” and not just as a generic example of humanity. As significant as the universal ethical ideal is for Cohen, he recognized that ethics is concerned with individuals only insofar as they are members of humanity as a whole. Ethics can’t always deal with individual moral feelings or with sin. In other words, it is religion -- rather than ethics -- that concerns itself with the (...) sin of the individual. (shrink)

Hermann Cohen made a distinction between the logic of science and the ideal of ethics, and noted that the natural world and the world of ethics are perceived very differently. This is because the order of the physical world is unchangeable (e.g, the sun sets in the west, night follows day, etc), while in the ideal world ethical rules can be accepted or rejected. It seems there should be one explanation for science, which is empirically self-evident, and another for ethics, (...) which is something that is open to debate. Cohen reasoned there must be something that allows science and ethics to coexist and interrelate. (shrink)

Hermann Cohen agreed with Immanuel Kant that ethics must be directed towards the well-being of humanity. The essential feature of this is its universality. As Cohen saw it, progress was (or at least ought to be) moving towards universal suffrage and democratic socialism. Following Kant, Cohen defended the so-called categorical imperative; that we should treat humanity in other persons always as an end and never as a means only. (Kant’s famous definition of the categorical imperative is to “act only according (...) to that maxim whereby you can, at the same time, will that it should become a universal law.”). (shrink)

In contemporary bioethics, the autonomy of the patient has assumed considerable importance. Progressing from a more limited notion of informed consent, shared decision making calls upon patients to voice the desires and preferences of their authentic self, engaging in choice among alternatives as a way to exercise deeply held values. One influential opinion in Jewish bioethics holds that Jewish law, in contradistinction to secular bioethics, limits the patient's exercise of autonomy only in those instances in which treatment choices are sensitive (...) to preferences. Here, we analyze a discussion in the Mishna, a foundational text of rabbinic Judaism, regarding patient autonomy in the setting of religiously mandated fasting, and commentaries in the Babylonian and Palestinian Talmuds, finding both a more expansive notion of such autonomy and a potential metaphysical grounding for it in the importance of patient self-knowledge. (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)

A short reconstruction of the central doctrines in the Biblical, Talmudic and Christian moral tradition.