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)

Please see the extended abstract in the attached file.

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)

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)

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 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)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

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)

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)

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 call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...) particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

This paper interprets Dilthey’s treatment of history and historical science through his engagement with Kantian and post-Kantian philosophy. It focuses on Dilthey’s account of the possibility of objectivity in the Geisteswissenschaften. It finds in Dilthey a view of history as a law-governed, dynamical structure expressing the totality of human life, cast in a reworked Hegelian notion of objective spirit. The aim of historical thought is to understand the unity of this structure to the greatest extent possible, and thereby to (...) understand lived experience itself. Dilthey’s epistemological standpoint recommends beginning with concrete studies in the special human sciences, and working toward a more general representation of the regularities and patterns in the historical record. (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)

Modern philosophy's fascination with language - for the last century, its obsession- may illustrate the axiom that we love to talk about what we desire and we desire what we don't have. From the perspective of traditional Judaism, philosophic obsession with language reflects the modern philosopher's dislocation from those speech communities in which, alone, language has meaning. Natural speech communities, meaning those whose origins are either unknown or referred to an indefinite past, are characterized by inherent semiotic norms: rules (...) for transforming elements of the natural world into meaningful signs (morphology), for determining relations among those signs (syntax), for determining relations between signs and intended objects (semantics), and for determining relations between signs and the actual behavior which they recommend (what the American philosopher Charles Peirce calls pragmatics). For the traditional Jew, these norms are collected in what is called Torah: God's speech to Israel and the literary and behavioral history of Israel's attempts to interpret what that speech means. For this Jew, dislocation from the speech community of Israel would imply dislocation from Torah, and, thereby, from the possibility of meaningful speech and controlled behavior. Jewish philosophy is the attempt to find means of reintegrating dislocated persons into appropriate speech communities: in particular of reintegrating Jews into the speech community of Israel. On the following pages, I describe what modern philosophy looks like in terms set by Torah. Without apology, the Jewish philosopher first defines the non-problematic (the language of Torah), then the problematic (the enterprise of modern philosophy), then suggests means of placing the two in dialogue. (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)

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)

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...) ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, (...) e.g., in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (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)

The four sections of this article are reactions to a few interconnected problems that Mario Bunge addresses in his The Sociology-Philosophy Connection , which can be seen as a continuation and summary of his two recent major volumes Finding Philosophy in Social Science and Social Science under Debate: A Philosophical Perspective . Bunge’s contribution to the philosophy of the social sciences has been sufficiently acclaimed. (See in particular two special issues of this journal dedicated to his social (...) philosophy: "Systems and Mechanisms. A Symposium on Mario Bunge’s Philosophy of Social Science," Philosophy of the Social Sciences 34, nos. 2 and 3.) The author discusses therefore only those solutions in Bunge’s book that seem most problematic, namely, Bunge’s proposal to expel charlatans from universities; his treatment of social laws; his notions of mechanisms, "mechanismic explanation," and systemism; and his reading of Popper’s social philosophy. Key Words: theory • laws • mechanism • explanation • Popper. (shrink)

In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the temptation to (...) pit mechanistic and interventionist theories of explanation against one another occludes important and scientifically relevant research questions. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István (...) Losonczy 29 // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

As robots slip into more domains of human life-from the operating room to the bedroom-they take on our morally important tasks and decisions, as well as create new risks from psychological to physical. This book answers the urgent call to study their ethical, legal, and policy impacts.

Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...) is necessary for either model of explanation: regularities are what laws describe and what mechanisms explain. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

In the Prolegomena to De Jure Belli ac Pacis, Hugo Grotius expounds his theory of natural law by way of reply to a skeptical challenge from the Greek Academic Carneades. Though this dialectical context is undeniably important for understanding Grotian natural law, commentators disagree about the substance of Carneades’s challenge. This paper aims to give a definitive reading of Carneades’s skeptical argument, and, by reconstructing Grotius’s reply, to settle some longstanding debates about Grotius’s conception of natural law. I argue that (...) Grotius held a Stoic view of natural law, endorsing both the doctrine of eudaimonism and the claim that moral obligations are natural, not grounded in divine command. Consequently, Grotius’s view of natural law has more continuity with pre-modern, indeed ancient, morality than is usually supposed. However, I argue that we can still understand Grotius as a founder of modern moral philosophy. (shrink)

Laws are supposed to tell us how physical systems actually behave. The analysis of an important part of physical practice--abstraction--shows, however, that laws describe the behavior of physical systems under very special circumstances, namely when they are isolated. Nevertheless, laws are applied in cases of non-isolation as well. This practice requires an explanation. It is argued that one has to assume that physical systems have dispositions. I take these to be innocuous from an empiricist's standpoint because they can--at least in (...) principle--be measured. Laws can be applied whenever such a disposition is present, they describe how the physical system would behave if the disposition were manifest. (shrink)

It is widely agreed that Aristotle holds that the best moral education involves habituation in the proper pleasures of virtuous action. But it is rarely acknowledged that Aristotle repeatedly emphasizes the social and political sources of good habits, and strongly suggests that the correct law‐ordained education in proper pleasures is very rare or non‐existent. A careful look at the Nicomachean Ethics along with parallel discussions in the Eudemian Ethics and Politics suggests that Aristotle divided public moral education or law‐ordained habituation (...) into two types. One type is a defective form practiced by the Spartans, producing civic courage and similar defective virtue‐ like states motivated by external incentives. By contrast Aristotle endorses the law‐ordained musical education described in Politics 8. The chapter argues that Aristotle considers the well‐habituated state of proper pleasures in virtue to be best cultivated by this kind of musical education; and that this explains both his emphasis on good laws and on their scarcity. (shrink)

critical edition and annotated translation of one of the classics of Jewish biblical interpretation. The collection will be indispensable to all students of Jewish history and culture.

Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...) certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (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)

Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some (...) of basics despite a surfeit of work products in this field. The paper begins with the instant queries or explanation from the peer scholar practitioners, which would be some of communication with the author. Then the author elicits some of principled relationship between the two concepts. (shrink)

The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.

In this paper I argue that there is a structural parallelism between law and physics in Leibniz since his early years, which has significant influence on the formation of his views. I start by examining Leibniz's early physical system and an analogy with juridical laws that he uses to explain the structure of physical laws. Then, I argue that this analogy stems from an envisioned parallelism between law and physics. Finally, I illustrate the significance of this legal-physical parallelism by arguing (...) that it underlies some of Leibniz's mature views. Most importantly, I argue that the parallelism explains the origin of architectonic principles or optimality principles in Leibniz's mature physics. (shrink)

The book's purpose is to provide readers with a comprehensive understanding of the interplay between physics and philosophy in the historical context of the 19th century. Through an elaborate examination of the influence of mechanistic philosophy, the evolution of ontology, and the emergence of energy, the author aims to explain the phenomenological laws of thermodynamics in the framework of the mechanical approach. Additionally, the book delves into the introduction of field theory and the beginning decline of the mechanical (...) approach. In essence, this book is a journey that takes you through the most significant milestones of the 19th century in the realm of physics. It illuminates a theoretical framework, i.e., critical rationalism, that facilitates examining the interaction between physics and metaphysics. With the unraveling of history and the preparation of philosophical thought, the book prepares the reader for the eventual abandonment of the 'ether' and paves the way for the birth of the theories of relativity and quantum mechanics. (shrink)

This book contextualizes David Hume's philosophy of physical science, exploring both Hume's background in the history of early modern natural philosophy and its subsequent impact on the scientific tradition.

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

According to the deductive-nomological account of ground, a fact A grounds another fact B in case the laws of metaphysics determine the existence of B on the basis of the existence of A. Accounts of grounding of this particular variety have already been developed in the literature. My aim in this paper is to sketch a new version of this account. My preferred account offers two main improvements over existing accounts. First, the present account is able to deal with necessitarian (...) as well as non-necessitarian cases of grounding by acknowledging the existence of two types of metaphysical laws. I will argue that we should assume that metaphysical laws come in the necessitarian as well as in the non-necessitarian varietyclosely paralleling the distinction between strict and non-strict laws in the philosophy of science. The second main improvement of the present account is that this account is able to provide an explanation of why the laws of metaphysics have a direction built into them. I will argue that we should characterize metaphysical laws with the help of Theodore Sider’s (2011) notion of structure, which is a descendent of David Lewis’s (1983) notion of naturalness. According to the account of metaphysical laws developed in this paper, metaphysical laws express in their antecedents either perfectly structural truths or more structural truths than in their consequents. Since on Sider’s account structural features of reality are fundamental features of reality, the account is able to explain as to why the laws of metaphysics take us from the fundamental to the derivative. (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)

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)

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)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (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)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...) clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)