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)

Abstract: Under traditional Jewish Law (halacha), assessment of human reproductive cloning (HRC) has been formulated along four lines of inquiry, which I discussed in Part I of this paper. Therein I also analyze five relevant doctrines of Talmudic Law, concluding that under with a risk-benefit analysis HRC fails to fulfill the obligation ‘to be fruitful and multiply’ and should be strictly prohibited. Here, I review of the topic from an exigetical Biblical and Kabbalistic perspective, beginning with exploring comments of (...) the Ramban (Nachmanides) which suggest Kabbalistic insights very much in keeping with current biology. In this Part II of the paper, I expand and annotate statements of the Ramban on the interrelationship of the reproductive faculties of an organism and its soul by examining the development of the spiritual states of plant, animal and human and noting the commensurate evolution with its reproductive facilities. Speculating that the reproductive mechanism of each species is indelibly related to its soul-state, I suggest that interfering with human sexual reproduction by HRC has the same effect the Ramban argues is the result of Kilayim (interbreeding), i.e., wrecking havoc with the Universe. In Part III, I postulate a biologic explanation for warnings found in the Golemic Literature and suggest that these allude to the importance of maintaining human genetic diversity through sexual reproduction. The conclusions I reached after evaluating the propriety of HRC under a Kabbalistic/metaphysical index comports with those I reached using a traditional legal /halachic inquiry in Part I. Thus, both systems arrive at the conclusion that HRC is in violation of the divine and natural order and constitute a distinct biological threat to the survival of the human species, a conclusions in accord with current scientific thinking. (shrink)

In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, (...) broader questions and observations are raised regarding Jewish tradition, fallibility, and modernity, and the interaction between Judaism and pragmatism in the history of ideas. (shrink)

Please see the extended abstract in the attached file.

The use of modern medical technologies and interventions involves ethical and legal dilemmas which are yet to be solved. For the religious Jews the answer lies in Halakhah. The objective of this paper is to unscramble the difficult conundrum possessed by the halakhalic standing concerning the use of human embryonic cell for research. It also aims to take contemporary ethical issues arising from the use of technologies and medical advances made in human reproduction and study them from an abstract philosophical (...) perspective. Instead of providing any Jewish practical ruling the paper have tried to incite, stimulate and encourage philosophical thoughts about the issue through the intensive understanding of traditional Jewish thoughts. In this paper, an objective as well as a deep-rooted study has been adopted about the use of human embryos for research and the Jewish adoption of assisted reproductive technologies through the prism of the knowledge of Halakhah, Torah and Talmud. The paper finds that the embryo research sits at the crossroads of many halakhalic issues. Judaism adopts the belief that God has created man in his own image. The Jews not being dogmatic decipher “the image” of the creator as the ability to discern and reason. It follows that Judaism does not subscribe to the notion that tampering with nature is prohibited. To the Jews the mitzvah for procreation is so great that they are open to reason and adopt newer medical advancement in procreation. The Jewish laws are not only for engagement in intellectual exercise or academic pursuit but subscribe to a higher order of moral conduct. The Jewish approach is not situational but also casuistic in resolving conflicting medical issues. (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)

‘Eruv’ is a Hebrew word meaning literally ‘mixture’ or ‘mingling’. An eruv is an urban region demarcated within a larger urban region by means of a boundary made up of telephone wires or similar markers. Through the creation of the eruv, the smaller region is turned symbolically (halachically = according to Jewish law) into a private domain. So long as they remain within the boundaries of the eruv, Orthodox Jews may engage in activities that would otherwise be prohibited on (...) the Sabbath, such as pushing prams or wheelchairs, or carrying walking sticks. There are eruvim in many towns and university campuses throughout the world. There are five eruvim in Chicago, five in Brooklyn, twenty three in Queens and Long Island, and at least three in Manhattan. The US Supreme Court is (like most other major US Federal Government buildings) located within the eruv of Washington DC. In many cases, not all of those living within or near the area of an actual or proposed eruv will themselves be Orthodox Jews, and this has sometimes led to protests against eruv creation. It is such protests which triggered the writing of this essay. (shrink)

‘Eruv’ is a Hebrew word meaning literally ‘mixture’ or ‘mingling’. An eruv is an urban region demarcated within a larger urban region by means of a boundary made up of telephone wires or similar markers. Through the creation of the eruv, the smaller region is turned symbolically (halachically = according to Jewish law) into a private domain. So long as they remain within the boundaries of the eruv, Orthodox Jews may engage in activities that would otherwise be prohibited on (...) the Sabbath, such as pushing prams or wheelchairs, or carrying walking sticks. There are eruvim in many towns and university campuses throughout the world. There are five eruvim in Chicago, five in Brooklyn, twenty three in Queens and Long Island, and at least three in Manhattan. The US Supreme Court is (like most other major US Federal Government buildings) located within the eruv of Washington DC. In many cases, not all of those living within or near the area of an actual or proposed eruv will themselves be Orthodox Jews, and this has sometimes led to protests against eruv creation. It is such protests which triggered the writing of this essay. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s (...) messianic utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the (...) Bible, and analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

In "New Introductory Lectures on Psychoanalysis", Freud discusses his views on mysticism and psychoanalysis. The concept of mysticism has changed throughout the ages. In ancient times, a mystic was one who communed with God. In Freud's world, the word mysticism became an all-inclusive word describing paranormal phenomenon occurring outside the laws of nature and science. Accordingly, science tended to dismiss or ignore mystical ideas because they were viewed as superstitious, irrational and nonsensical. -/- .

Moses Maimonides was a rare kind of radical. Being a genuine Aristotelian, he recommended following the middle path and avoiding extremism. Yet, within the sphere of Jewish philosophy and thought, he created a school of philosophical radicalism, inspiring Rabbis and thinkers to be unwilling to compromise their integrity in searching for the truth, regardless of where their arguments might lead. Both Spinoza and Salomon Maimon inherited this commitment to uncompromising philosophical inquiry. But of course, such willingness to follow a (...) philosophical argument to any length is a fine prescription for getting into trouble with community and political leaders. In this paper I will trace the story of one such collision, which took place between the radical philosopher Salomon Maimon and the bourgeois Enlightenment politician, Moses Mendelssohn. (shrink)

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with (...) the manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (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)

Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable (...) customer exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties. (shrink)

Baruch, or Benedictus, Spinoza (1632–77) is the author of works, especially the Ethics and the Theological-Political Treatise, that are a major source of the ideas of the European Enlightenment. The Ethics is a dense series of arguments on progressively narrower subjects – metaphysics, mind, the human affects, human bondage to passion, and human blessedness – presented in a geometrical order modeled on that of Euclid. In it, Spinoza begins by defending a metaphysics on which God is the only substance and (...) is bound by the laws of his own nature. Spinoza then builds a naturalistic ethics that is constrained by, and to some extent is a product of, his strong metaphysics. Human beings are individuals that causally interact with other individuals and are extremely vulnerable to external influence. They are not substances. Moreover, human beings are bound by the same laws that bind all other individuals in nature, so Spinoza presents accounts of goodness, virtue, and perfection that are consistent with these perfectly general laws. Spinoza’s principal influences include René Descartes, Thomas Hobbes (see hobbes, thomas), Moses Maimonides (see maimonides, moses), the Roman Stoics (see stoicism), and Aristotle (see aristotle). Although his innovative philosophical views undoubtedly contributed to the strong writ of cherem, or ostracism, that Spinoza received from the Portuguese Jewish community of Amsterdam in 1656, his work nevertheless also shows the influence of the study of Scripture and of Jewish law. (shrink)

A Review of Outward Signs: The Powerlessness of External Things in Augustine’s Thought by Phillip Cary (Oxford: Oxford University Press, 2008), xxiv + 344 pp. -/- Phillip Cary has written another highly significant book on Augustine, and his writing displays the art of a master stylist. A complement to his Inner Grace, Outward Signs extends Cary’s thesis in Augustine and the Invention of the Inner Self: that Augus- tine’s Trinitarian and semiotic theology, groundbreaking as it was, remains beholden to a (...) Platonist privileging of inner vs. outer and idea over sacramental performance. Outward Signs should be of special interest to readers of Modern Theology, because the inwardness Cary interrogates displays a dimension of Augustine’s work that receives significant attention from a number of Modern Theology authors. Once again, Cary has offered an appropriate warning about any uncritical embrace of Augustine as theologian for the church today: the embrace could bring with it a turn to spiritualism, subjectivism, intellectualism, and also supersessionism (since the Old Testament and Jewish “law” belong to the merely outward life of the Word). Like Charles Taylor, Alasdair MacIntyre, and Richard Rorty before him, Cary captures the line of potential influence that moves from Plato to Augustine to Descartes and Kant. Here, knowledge tends to ocular knowing, and Cary shows how inadequate that model is to account for performative knowing in the church, of which sacramental life is one instance. But performative knowing would apply, as well, to the study of Augustine’s writ- ings. Read “outwardly,” Augustine’s corpus generates several possible vectors of theological practice. The stronger vectors may point “inward,” but readers should also attend to those (weak or strong) which point to that which is inward, outward, both, and neither. (shrink)

Текст Десяти заповедей Библии предписывает поклоняться только единому Богу и запрещает создавать изображения Бога и изваяния. Цель данной статьи исследовать взгляды Мендельсона, Когена и Кассирера на связь между предписанием поклоняться единому Богу и запретом идолопоклонства в иудаизме. В статье рассматривается вопрос, почему Мендельсон и Коген определяют запрет на изображение Бога как запрет, характеризующий сущность иудаизма как религии разума. Анализируя понятие знака, Мендельсон объясняет поклонение идолам как непонимание указывающей функции знака; подобное непонимание ведет к ошибочному восприятию. Коген раскрывает с помощью этого (...) запрета уникальность истинного Бога иудаизма. Понятия знака и символа в текстах Мендельсона стали ключевыми для философии Кассирера. Посредством этих понятий он создает свою философию культуры и теорию восприятия. Мой аргумент состоит в том, что в свете философии Кассирера, идолопоклонство (как ошибочное восприятие) характеризует не только ушедшие в прошлое этапы развития религиозного сознания, но также является необходимым моментом в структуре восприятия. Abstract: The text of the Decalogue in the Bible orders to worship the one God and forbids creating images of God and any cultic statues. The aim of this paper is to inquiry the views of Mendelssohn, Cohen, and Cassirer - the Jewish German-speaking rational philosophers - regarding the link between the precept to worship the one God and the prohibition of the idolatry in Judaism. Why idolatry was identified with making images of God? The article will investigate the arguments, according to which Mendelssohn and Cohen define the prohibition of God’s images in Judaism as the essential law for religion based on reason. Mendelssohn’s understanding of idolatry is a result of his theory of sign. Analysing the concept of sign, Mendelssohn explains idol worship as misunderstanding of the sign’s function to denote things. Idolatry, in his terms, is an erroneous perception. For Cohen the prohibition of God’s images reveals the uniqueness of the true God of Judaism. The unique God has no image, and to make image of him is the same as to create another god. Mendelssohn’s concepts of sign and symbol became key concepts for Cassirer’s philosophy of culture and theory of perception. My final argument is that in light of Cassirer's philosophy, idolatry (defined previously as erroneous perception) characterizes not only past stages of religious consciousness, but also constitutes necessary moment in the structure of perception. -/- . (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

This review-essay considers the book by Moshe Halbertal, The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature (Brown, 2020), and highlights certain pragmatist trajectories in the book and in its scholarly object - early rabbinic law. Inter alia, the middle rabbinic path between realism and nominalism is discussed.

Ruminations is a collection of sundry notes and essays on Logic. These complement and enrich the author’s past writings, further analyzing or reviewing certain issues. Among the many topics covered are: the importance of the laws of thought, and how they are applied using the logic of paradox; details of formal logic, including some important new insights on the nesting, merger and splitting up of hypothetical propositions; details of causal logic, including analogical reasoning from cause to cause; a cutting-edge phenomenological (...) analysis of negation. Additionally, this volume is used to publish a number of notes and essays previously only posted in his Internet site, including a history of Jewish logic and an analysis of Islamic logic. (shrink)

What would a Jewish process theology look like if it also adopted the a priori principles of rabbinic Judaism - among them, the authority of Torah given on Sinai, an historically particular revelation of divine instruction for a particular people, and the authority of the Oral Torah, an historically evolving hermeneutic, according to which that revelation becomes normative practice for communities of observant Jews? I trust this would not be a naturalism, since it would be a theology that found (...) its grammar or regulative logic in a textual hermeneutic rather than in an account of the orders of perception and imagination. It would not, for the same token, be an anti-naturalism, but rather a theology for which the distinction between natural and super- or non-natural was not definitional. For such a theology, for example, the world out there would belong to the order of creation (maaseh bereshit), rather than to "nature." This would mean that, since God creates through words, language (at least some sort of language) and world would be intimately connected rather than extrinsic phenomena, It would mean, furthermore, that for language to "know" the world would not be surprising and that something like a form of realism would not be out of the question, While it would presuppose the authority of divine speech and even of some human interpretations of it, this other-than natural theology would not, as naturalists might suppose, present a heteronomous conception of divine law, If the distinction nature/not nature would not be definitive for this theology, neither would those of autonomy/heteronomy, body/spirit, this world/other world, This theology would present its own variety of neutral monism; in this case, however, the undifferentiated plenum would be termed a plenum of undifferentiated signification (or pure semiosis), of which undifferentiated feeling (or pure experience) was an instance; "prehension" would be another term for interpretation, Max Kadushin was the first and, as far as I know, the only Jewish thinker to articulate a process theology in the service of what he considered the behavioral or halakhic authority of classical rabbinic literature. In this paper, I examine Kadushin's work as the foundation of a rabbinic text process theology, I assume, from the outset, that such a theology may complement a Jewish natural process theology and that a Jewish process theology, in general, would appear as a process of dialogue between textual- andnatural-process theologies. (shrink)

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: he (...) presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

The German text of Cohen’s Spinoza on State & Religion, Judaism & Christianity (Spinoza über Staat und Religion, Judentum und Christentum) first appeared in 1915 in the Jahrbuch für jüdische Geschichte und Literatur. Two years before, in the winter of 1913, Cohen taught a class and a seminar on Spinoza’s Theological-Political Treatise at the Hochschule für die Wissenschaft des Judentums. This was Cohen’s first semester at the Hochschule, after retiring from more than thirty years of teaching at the University of (...) Marburg. Cohen’s fame at the time was at its zenith, and his move to the Hochschule was a cause for celebration and excitement. According to the testimony of some students who attended the Tractatus Theologico-Politicus seminar, Cohen left no place for any expression of dissent (regrettably, the academy frequently encourages such authoritarian behavior). The text of Spinoza on State, which was the product of this seminar, still bears the marks of this “didactic” attitude. It is bombastic and feebly argued. Thus, in one moment of emotional crescendo in the text, we can literally hear Cohen shout: When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voices rises in protest against this humanly incomprehensible betrayal. Such patriotic rhetoric is quite typical of Cohen’s Spinoza on State, as the work reads more like a series of rants against the devil incarnated (“the demonic spirit of Spinoza”) in the figure of the traitor from Amsterdam than like a sustained and serious philosophical polemic. From time to time, one can observe hints of critical arguments, but hardly any are fleshed out. The text is also replete with rudimentary factual and interpretative errors. Thus, when Cohen argues that Spinoza traces his pantheism to Jewish sources, Cohen erroneously cites Spinoza’s reference in E2p7s to “some of the Hebrews [quidam Hebraeorum]” who argued for the identity of Sekhel, Maskil, and Muskal (the Intellect, the Intellecting Subject, and the Intellected Object) – a Maimonidean doctrine that has nothing to do with pantheism – while the text Cohen clearly had in mind was Spinoza’s claim, in Letter 73, that the traditions (traditionibus) of the “ancient Hebrews [antiquis Hebraeis]” agree with Spinoza’s claim that “all things are in God.” Similarly, and on the very same page, Cohen ascribes to Spinoza the claim that “the God of the Old Testament is only a body,” a claim which is nowhere to be found in Spinoza’s works, and which can be inferred from Spinoza’s text only through a patent fallacy. If I may add one last example, consider the following passage from Cohen’s Spinoza on State: [For Spinoza] divine law is grounded in our mind. Yet this does not mean that our mind bears responsibility for producing and obeying the law. Instead, it means that, by definition, the human mind and God are identical, inasmuch as He exists in the human mind. Hardly any claim in this brief passage is correct. Yet, what is most striking is Cohen’s derivation of the identity of God and the human mind from the claim that God exists in the human mind. If I exist in North America, this obviously does not imply that I am identical to North America (there are, for example, a couple of North American porcupines and alligators that are distinct from me). What rule of inference Cohen sought to employ in this argument, and how this impressive inference of the identity of God and the human mind is supposed to square with Cohen’s view of Spinoza as a pantheist – i.e., as considering the physical nature to be divine – is beyond my grasp. Instead of tracking down the dozens of crude errors and fallacies in Cohen’s text, I would like to concentrate here on one crucial issue: Cohen’s critique of Spinoza’s pantheism. By doing this, I will have to pass silently over a couple of surprising agreements between the two figures, such as the (false) claim that all of the prophets of the Hebrew Bible taught the same universal and simple morality. My discussion of pantheism will be divided into two sections. In the first, I will examine Cohen’s understanding of Spinoza’s pantheism. In the second, I will briefly examine the historical validity of Cohen’s claim that pantheism is a Christian doctrine, diametrically opposed to Judaism. (shrink)

I discuss the second of the three theses advanced by Anscombe in ‘Modern Moral Philosophy’. The focus is the nature of entities to which – if Anscombe’s diagnosis is correct – ought and cognate modals are assumed by modern moral philosophers to refer. I reconstruct the alternative account offered by Anscombe of viable and justified ‘Aristotelian’ modals – as contrasted with mysterious and unjustified ‘Kantian’ modals; I discuss the nature and status of ‘Aristotelian necessity’ to which such legitimate modals refer (...) to. I conclude with the claims that Anscombe’s account of modern moral philosophy is viciously parochial, reducing it to Oxford philosophy from the Thirties and Forties and its immediate antecedents; that her historical reconstruction is vitiated by lack of awareness of the existence of law-views of morality preceding Christian theology, artful anticipation of secularization in order to fit her picture of modern moral philosophy as the ‘day after’ of Christianity; that Aquinas’s and her own view of natural morality as made of rational moral judgments laws is incompatible with both her predilection for ‘divine law’ instead of plain down-to-earth ‘natural law’; that her strained reconstruction of a Christian-Jewish-Stoic view of morality as law promulgated by God has little to share with any reconstruction of the Biblical moral traditions meeting academic standard and in more detail there is no possible translation of Torah as Law; and that her criticism hits just targets from the old little British world she was familiar with, while leaving Kantian ethics unaffected. -/- . (shrink)

The most recent work by Jürgen Habermas tries to revalue religion in today's society. For this he tries to find genealogical connections between secular content and the worldviews that emerged in the Axial Age, including Jewish monotheism. In this article we try to propose that a genealogical approach to monotheism from the perspective of those involved would have to start from the context of undetected origin that constitutes the ethical universalism of Judaism: the Noahide code. To do this, we (...) analyze narrative and conceptual elements of axial and non-axial cultures and show their parallels with the seven laws of the children of Noah as the moral core of humanity. (shrink)

In my dissertation, "The Nature of Halakha: Philosophical Investigations," I explore the metaphysics of Halakha using contemporary analytical philosophy. The central question guiding my research is: How are the natural world and the world of Halakha related, according to the underlying assumptions of Halakha? My work consists of three papers addressing the relationship between natural facts and halakhic facts. In the first paper, I propose a shift from the traditional debate between halakhic realism and nominalism to a discussion of halakhic (...) naturalism and non-naturalism. I evaluate arguments for and against various interpretations of these views, favoring a non-naturalistic perspective. In the second paper, I argue for a strong version of non-naturalism, which I term "Halakhic Occasionalism." This view suggests that God's primary involvement in the world is His responsiveness to halakhic practices. I analyze the Talmudic principle that "the mitzvot were not given to produce benefit" and its implications, using this analysis to support the occasionalist interpretation. The third paper examines the metaphysical nature of halakhic laws, focusing on the relationship between their general aspect and specific applications. I present two competing theses: Halakhic Generalism and Halakhic Particularism. I argue that the particularist position better justifies the halakhic principle that "no prohibition applies to prohibition" in cases of normative overdetermination. Throughout my dissertation, I argue that the halakhic concepts do not carve nature at its joints, indicating that the halakhic framework does not align with the natural divisions of the physical world. I explore this insight across the three papers, contributing to an understanding of the relationship between God, the natural world, and halakhic practice. My work aims to contribute to the field of philosophy of Halakha by applying analytical methods to traditional Jewish legal concepts. I also seek to bridge discussions in metaethics, philosophy of religion, and philosophy of law with halakhic thought, offering perspectives on longstanding questions in Jewish legal philosophy. I draw on sources including Talmudic literature, Jewish commentaries, and contemporary philosophical works. By engaging with traditional Jewish texts and modern analytical philosophy, I create an interdisciplinary approach to understanding the nature of Halakha. (shrink)

This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it (...) argues that the POW camp was a space of indifference that was determined by the legal exclusion of prisoners from both war and persecution. Held behind the stage of world events, prisoners were neither able to exercise their legal agency nor released from law into a realm of extra-legal violence. Through a close reading of Levinas’s early concept of the ‘there is’ [il y a], the article seeks to establish the impact on prisoners of prolonged confinement in such a space. It sets out how prisoners’ subjectivity dissolved in the absence of meaningful relations with others and identifies the POW camp as a space in which existence was reduced to indeterminate, impersonal being. (shrink)

Maimonides’ Latin translation of Moreh Nevukhim | Guide for the Perplexed, was the most influential Jewish work in the last millennia (Di Segni, 2019; Rubio, 2006; Wohlman, 1988, 1995; Kohler, 2017). It marked the beginning of scholasticism, a daughter of Judaism raised by Jewish thinkers, according to historian Heinrich Graetz (Geschichte der Juden, L. 6, Leipzig 1861, p. xii). Printed by Gutenberg's first mechanical press, its influence in the West went as far as the Fifth Lateran Council (1512 (...) — 1517) "where scholars were encouraged to remove the difficulties which seemed to divide the whole of theology and philosophy (Leibniz, Théodicée, 11)." For centuries, the Guide revolutionized the curriculum of school instruction by reintegrating the natural laws of thought in the sphere of faith (the fourth of which became Leibniz’ Principle of sufficient reason). This complete collection of notes expounds the ideas of the Guide and features all the passages selected and rewritten by Leibniz. This first complete annotated bilingual translation of the original manuscripts in Latin serves as an entry point to the faith in conformity with Reason. This complete collection of notes expounds the ideas of the Guide as selected and rewritten by Leibniz, the famous mathematician inventor of computer arithmetic, considered the last universal genius. The first complete bilingual translation in three centuries features on the front cover Rembrandt's Philosopher in meditation, and a recommendation from Leibniz's himself on the back: "Rabbi Maimonides' excellent book, A Guide for the Perplexed, is more philosophical than I imagined and worthy of careful reading." According to Malbim’s translator, Noah Rosenbloom, the book’s epigraph indicates that nineteenth-century Rabbi Leibush ben Yehiel Michel Wisser, also known as Malbim, was familiar with Leibniz’ Theodicy. In Leibniz’ anthology of the Guide, the reader can get a detailed glimpse of Leibniz' impressions of Maimonides. The Foreword by Leibniz' translator Lloyd Strickland suggests that there were sympathies and perhaps even overlaps between the thoughts of both universal luminaries. -/- . (shrink)

The religious feeling represents the first step in the process of knowing God. In our study we have tried to analyze apologetically the human predisposition to the divine reality. Our main interest was to demonstrate the necessities of the religious human being in their process of self- discovery. In this regard, the feeling of religious belonging is very important. Therefore, the moral law is the starting point in the divine knowledge of the human consciousness. In the process of revelation God (...) gives the Old Testament to the Jewish people. Furthermore, when the Logos has come in the world the divine knowledge started to be more straightforward and the religious feeling acquired a Christological dimension. Finally, the religious feeling demonstrates a beautiful process of an ontological discovery in Christ of all human race. In conclusion, our study is an apologetic debate about how to reestablish the conceptual harmony between theology, philosophy, culture and science in the process of knowing God. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul as being (...) the first Christian revisionist. As a result, orthodox Christianity, through the influence of Paul (and thus Augustine, Aquinas, Luther, and Calvin), has mistakenly promoted the "just war" and "divinely ordained state" doctrines in the name of a thinker whose conclusions were in the opposite direction. (shrink)

“For it is not impossible that a nation should have many leaders who convene, unite, and reach a consensus; they can thus govern and administer justice… Then also, why cannot they have terms of office…? When the turn of other magistrates comes to replace them, they will investigate the abuses of trust committed by earlier [magistrates]; Those found guilty will pay for their crimes… Finally, why cannot their powers be limited and determined by laws or norms?” These lines of Don (...) Isaac Abravanel’s Commentary on 1 Sam 8 earned him fame in 20th century scholarship as “the first early modern Jewish republican thinker.” Yet, the history of the modern rediscovery of Abravanel’s political thought is relatively unknown, and more so, its philosophical and political meaning. My paper will try to elucidate an important part of this history, while emphasizing its value for an understanding of the criticism of the Wissenschaft des Judentums between the two World Wars. (shrink)

This article forms a critical reflection on the views of Spinoza, developed in the Tractatus Theologico-Politicus, on the role of the ‘ceremonial law’ in the moral life of ancient Hebrew culture. According to Spinoza, a merely external obedience to the ceremonial law should not be confused with the sense of obligation towards the moral Divine Law of ‘justice and charity’: only in this last one can true piety be found. The idea is defended that Spinoza’s critical attitude towards the (...) class='Hi'>Jewish ceremonial law should be understood against the larger background of his hermeneutics of superstition throughout the TTP. In the TTP superstition is unmasked as a form of undue adherence to a particular religious tradition and to merely outer ceremonies and practices. Superstition should be distinguished, however, from true religion, which, according to Spinoza, leads towards piety and virtue. How the idea of true religion, identified in the Ethics as the practical disposition and form of life of the truly wise philosopher, could be accounted for within the context of the TTP is investigated. The central thesis of this article is that despite his critical attitude towards the Jewish ceremonial law Spinoza should acknowledge – according to his own religious anthropology – that a genuine religion for ordinary human beings presupposes the adherence in one form or another to a religious tradition . Without a religious tradition, it appears, no concrete moral life, so no piety, is possible. This implies, however, that in Spinoza’s view there remains a gap between the true religion of the philosopher and true religion as it can be found in the life of ordinary humans. (shrink)

This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this (...) essay focuses on a hitherto little noted perspective on Eichmann's mind that was formulated by the mental health experts who examined Eichmann for the prosecution. As compared to the inclusionist, confictual, and complex picture these experts presented of Eichmann's mind, Arendt's and Hausner's views appear similar in their reductionism, rather than diametrically opposed, while the approach of the Supreme Court justices to Eichmann's mind can be regarded as restrictive. Methodological problems involved in all these different perspectives are discussed, and it is argued that even though the psychological outlook declares itself to be non-judgmental, it does, in fact, entail a dimension of moral judgment. Finally, Eichmann 's recently declassified memoirs are adduced and interpreted as lending some support to the psychological, inclusionist perspective on Eichmann's mind. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

Jewish philosophy has seen better days. It has been quite a while since the discipline of Jewish philosophy enjoyed the respect of the wider philosophical community, and an obvious question is what are the reasons for this state of things? Providing a detailed and thorough answer to this question is beyond the scope of the current chapter. Still, I would like to contribute here a few ideas that might shed some light on the current predicament and its causes. (...) Such an attempt is timely because the current moment in the development of Anglo-American philosophy is impregnated with a promise – which I hope is sincere – to turn the study of philosophy and the history of philosophy into an inclusive and genuinely universal field of inquiry, shared equally by all human beings, rather than an imposition of the prevalent beliefs of white Christian European males. A study of philosophy that is genuinely ecumenical could profit enormously from the encounter and dialogue with the philosophical thinking of minority cultures, since it is precisely this encounter with the philosophical thought of minority cultures that could expose the potentially numerous blind spots of the majority. If anything can heal Western philosophy from the prejudice that what one takes to be natural must be equally judged so by all rational human beings, it is only the encounter with non-Christian, or non-Western, philosophical thinking that could refute its illusory pretense of universality. Obviously, the real issue at stake is the sincerity of the attempt to understand foreign cultures and their philosophical thinking in their own terms. An identity politics that is merely interested in extending fig leaves would be far worse than the old, conservative state of things, insofar as the new and “inclusive” appearance would only provide the majority culture with a sense of self-satisfaction that would allow it to stick to its old and obstinate prejudicial practices. My aims in the current chapter are pretty modest and concrete. In the first two parts of the chapter, I will attempt to shed light on two blind spots related to perceptions of Jewish philosophy, from without and from within, respectively. These two parts will thus inquire into the nature of Jewish philosophy as minority philosophy. In the third and final part, I will turn to the rudimentary requirements of Jewish philosophy qua philosophy. In this part, I will suggest some fundamental desiderata which might – I hope – help the field flourish and achieve the recognition it deserves. Here too, my claims would be quite plain, as most of the desired characteristics I would argue for are pretty trivial, yet unfortunately still mostly lacking. (shrink)

In this paper, I discuss an argument for the existence of God known as “The Argument from the Survival of the Jews.” This argument has the form of an Inference to the Best Explanation (IBE). It proceeds from the phenomenon of Jewish survival to the existence of God as the best explanation for this phenomenon. I will argue that, even if we grant that Jewish survival is a remarkable occurrence that demands an explanation, and even if we gloss (...) over the difficulties in defining the terms “Jewish” and “survive,” the argument ultimately fails as an argument for the existence of God. It fails because it postulates divine supervision in order to explain Jewish endurance, but it doesn’t provide any clues as to what might be the underlying mechanism at work. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

Medieval and early modern Jewish philosophers developed their thinking in conversation with various bodies of literature. The influence of ancient Greek – primarily Aristotle (and pseudo-Aristotle) – and Arabic sources was fundamental for the very constitution of medieval Jewish philosophical discourse. Toward the late Middle Ages Jewish philosophers also established a critical dialogue with Christian scholastics. Next to these philosophical corpora, Jewish philosophers drew significantly upon Rabbinic sources (Talmud and the numerous Midrashim) and the Hebrew Bible. (...) In order to clarify the unique as well as shared elements in the thought of medieval Jewish philosophers, we will begin this chapter with a brief study of some early Rabbinic sources on the purpose of the world, i.e., why it came to be and why it is sustained in existence. In the second part of this chapter, we will study Maimonides’ critique of the veracity and usefulness of the belief in (anthropocentric) teleology, and the critical reception of his views by later philosophers. The third part will address discussions of divine teleology in Kabbalistic literature. Our exposition will concentrate mostly on a specific early-eighteenth-century text that is one of the most lucid and rigorous presentations of Lurianic Kabbalah. The fourth and final section will elucidate Spinoza’s critique of teleology, its precise target and scope, and its debt to earlier sources discussed in this chapter. (shrink)

We study the performance of ChatGPT interpreting prompts that require legal expertise to answer. Our inputs are very close adaptations from the "Contextual Canons" section of Antonin Scalia and Bryan Garner's Reading Law: The Interpretation of Legal Texts (Thomson West: 2012). We report our experiments and findings for the entire section (comprising 14 canons) of the book. We conclude that as a legal reasoner ChatGPT is exceptionally successful in taking the contextual canons into account.