In his new book, Fred Schauer adopts a prototypical approach to the law in order to reestablish the importance of “The Force of Law”, and I strongly support his claim that there are interesting things to be said about the relationship between law and force. One aspect concerns the special kind of force to which the law is related. In the tradition of political philosophy, this kind of force has often been characterized with the state's monopoly on legitimate force. Whereas (...) the essay will support the idea that the law has a monopoly of force, it will challenge the idea that it is its legitimacy that makes it characteristic. It is a monopoly not so much on legitimate, but on ultimate force. The robustness of the force the law is—prototypically—related to, however, should not obscure the fact that the relation between law and force is quite delicate and precarious. Three strategies of the law to manage this fundamental precariousness are pointed out. (shrink)

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

In this article I dispute the claim, made by several contemporary scholars, that Spinoza was a naturalist. ‘Naturalism’ here refers to two distinct but related positions in contemporary philosophy. The first, ontological naturalism, is the view that everything that exists possesses a certain character permitting it to be defined as natural and prohibiting it from being defined as supernatural. I argue that the only definition of ontological naturalism that could be legitimately applied to Spinoza's philosophy is so unrestrictive as to (...) tell us nothing about the content of his ideas. The second, methodological naturalism, is the view that the natural sciences are the best means of finding out substantial truths about the concrete world. I present some historical research showing that Spinoza's way of positioning himself with respect to other philosophers in the Dutch Republic casts very serious doubt on the claim that he was a methodological naturalist. This adds further weight to arguments that have already been made against the naturalist reading of Spinoza. (shrink)

In various debates about science, appeal is made to the freedom of scientific research. A rationale in favor of this freedom is rarely offered. In this paper, two major arguments are reconstructed that promise to lend support to a principle of scientific freedom. According to the epistemological argument, freedom of research is required in order to organize the collective cognitive effort we call science efficiently. According to the political argument, scientific knowledge needs to be generated in ways that are independent (...) of the major political powers because of the important role it plays for the citizens and their capacity to form well-informed political preferences. Both arguments are examined critically in order to identify their strengths and limitations. I argue that the scientific freedom established by both rests on a number of critical preconditions, and that the arguments’ force must be weighed against competing societal interests and values in each case of their application. Appeal to a principle of scientific freedom should therefore never mark the end, but rather the beginning of a public debate about the ends and means of science. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

Einstein's philosophy of physics (as clarified by Fine, Howard, and Held) was predicated on his Trennungsprinzip, a combination of separability and locality, without which he believed objectification, and thereby "physical thought" and "physical laws", to be impossible. Bohr's philosophy (as elucidated by Hooker, Scheibe, Folse, Howard, Held, and others), on the other hand, was grounded in a seemingly different doctrine about the possibility of objective knowledge, namely the necessity of classical concepts. In fact, it follows from Raggio's Theorem in algebraic (...) quantum theory that - within an appropriate class of physical theories - suitable mathematical translations of the doctrines of Bohr and Einstein are equivalent. Thus - upon our specific formalization - quantum mechanics accommodates Einstein's Trennungsprinzip if and only if it is interpreted a la Bohr through classical physics. Unfortunately, the protagonists themselves failed to discuss their differences in this constructive way, since their debate was dominated by Einstein's ingenious but ultimately flawed attempts to establish the "incompleteness" of quantum mechanics. This aspect of their debate may still be understood and appreciated, however, as reflecting a much deeper and insurmountable disagreement between Bohr and Einstein about the knowability of Nature. Using the theological controversy on the knowability of God as a analogy, we can say that Einstein was a Spinozist, whereas Bohr could be said to be on the side of Maimonides. Thus Einstein's off-the-cuff characterization of Bohr as a 'Talmudic philosopher' was spot-on. (shrink)

. What are the assumptions that underline the Jewish Law Project? To what extent is this project relates to Zionism as a political program and national vision? Does the secular version of this project and the religious one have anything in common? I argue that aside from the ideological lines that guide the Jewish Law Project, within it rests a reductionist and utopianist stance vis‐à‐vis halakhah which are considered to be obvious. I shall attempt to claim that reductionism and utopianism (...) as tacit assumptions, which are neither explicit nor declared by the carriers of the Jewish Law Project, are definitely not trivial. Then, by detrivializing these two assumptions I will suggest viewing the halakhic‐legal relations defined by the Jewish Law Project through these same parameters—the reductionism of the halakhah and its utopian approach. (shrink)

In the correspondence between Baruch Spinoza and his former friends Nicolas Stensen and Albert Burgh we find an interesting discussion on the sense of committing oneself to a particular institutionalized religion. Burgh and Stensen, both being converts to Roman Catholicism, tried to convince the former Jew to make the same move as they did. Spinoza answers Burgh that he will not do so, and refers to his ‘universal religion’, which he developed in his published work, the Theological-Political Treatise. This modern (...) religion should provide the grounds for a peaceful social and individual life. It is tolerant towards all kinds of personal views of God, while holding high a universal ethics, which should be acceptable to all good men. In this article this small correspondence is analyzed and clarified with reference to Spinoza’s works. Also the critical question will be asked whether Spinoza can convincingly maintain to have found a religion which is acceptable to all humankind. Rather, it is argued that his religion remains tied to the particular religious tradition from which it takes it’s ethical content. Finally, some valuable elements in Spinoza’s approach will be singled out. (shrink)