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)

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)

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)

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)

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)

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)

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 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)

Please see the extended abstract in the attached file.

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)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (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)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)

How is Jewish-Christian theological dialogue possible today? Assuming that the possibility of dialogue is not something to be envisioned by any individual thinker a priori, I offer here a study of two examples of successful Jewish-Christian theological dialogue: George Lindbeck's dialogue with Jewish sources and Michael Wyschogrod's dialogue with Christian sources. To garner some general lessons from these examples, I try to reconstruct the general conditions of dialogue which they appear to share. Discovering that the two dialogues (...) may share identifiable conditions of problem-solving, I label these "pragmatic" conditions, after Charles Peirce's definition of pragmatism as the claim that the purpose of rational inquiry is to solve the problems that stimulate it. I conclude that these are the conditions that may underlie theological dialogue among the specific group of Jewish and Christian theologians to which I believe Lindbeck and Wyschogrod belong. These conditions may underlie dialogues typical of other groups, too, but there is no way to know this a priori. (shrink)

Both Christianity and Judaism have their basis in the Torah, the five central books of the Hebrew Bible that culminate in the revelation at Sinai. This very commonality, potentiality a source of mutual respect and concord, has played itself out, in the two thousand years since the advent of Christianity, in a disastrous rivalry of interpretation. Christians have interpreted their own religion in such a manner as to disallow the separate legitimacy of Judaism. Jews, in response, have often adopted an (...) insularity of focus at odds with the universality of God as Judaism itself understands it. I believe this rivalry has had a distorting effect upon both religions. The purpose of my essay is to search out some theological positions that both traditions might be able to accept, and that might permit each to adopt an affirmative, and informed, acceptance of the other. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...) The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

This paper attempts to illuminate and interpret the contradictory portrait of God as both seen and unseen in the Torah. Thus Moses is commanded not to look on the face of God yet also praised for having spoken to God “face to face". We seek ways to reconcile the contradictory portraits of God through the use of the term “doubled-mindedness” in the theology of Jerome Gellman, in the logic of “thirdness” in C.S. Peirce’s semiotics, and in the use of (...) both particle and wave models in Einstein’s physics of light. The paper concludes by disusing the practical consequences of theological double-mindedness for the religious life and the philosophical meaning of redemption as the time when the contradiction of the unseen and seen God is resolved. (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)

New theological understanding can emerge with the advancement of scientific knowledge and the use of new concepts, or older concepts in new ways. Here, the authors present a proposal to extend the concept of “rescue and recovery” found in the United Nations Law of the High Seas, off‐world and within a broader purview of other intelligent and self‐aware species that humans may someday encounter. The notion of a morality that extends to off‐world species is not new, but in this analysis, (...) rescue and recovery become an imperative when any intelligent and self‐aware species is in harm's way. Rescue and recovery encompass a necessary action component except perhaps in those cases where rescuers are in danger. The authors explore three biblical examples of rescue and recovery to derive a fundamental meaning of the concept. (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)

This article approaches Judaism through Rabbi Bradley S. Artson’s book, God of Becoming and Relationships: The Dynamic Nature of Process Theology. It explores his understanding of how Jewish theology should and does cohere with central features of both process theology and Robert S. Hartman’s formal axiology. These include the axiological/process concept of God, the intrinsic value and valuation of God and unique human beings, and Jewish extrinsic and systemic values, value combinations, and value rankings.

Nearly half of the modern Jews do not believe in God. They have no Jewish theology and perhaps have lost the essence of Judaism for lack of faith. For the Jewish believers in God, Jewish theology is alive and can and should be discussed more often.

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)

This volume brings together scholars from a range of disciplines to explore the intersections between crisis, scholarship, and action. The aim of this book is to think about the “moment of crisis,” through the concepts, writings, and methodologies awarded to us by Jewish thinkers in modernity. This book offers a broad gallery of accounts on the notion of crisis in Jewish modernity while emphasizing three terms: interpretation, heresy, and messianism. The main thesis of the volume is that the (...) diasporic and exilic experience of the Jewish people turned their philosophers and theologians into “experts in crisis management” who had to find resources within their own religion, culture and traditions in order to react, endure and overcome short- and long-term historical crises. The underlining assumption of this book is therefore that Jewish thought obtains resources for conceptualizing and reacting to the current forms of crisis in the global, European, and Israeli spheres. The volume addresses a large readership in humanities, social and political sciences and religious studies, taking as its assumption that scholars in modern Jewish thought have an extended responsibility to engage in contemporary debates. (shrink)

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental (...) law. It is argued that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility. (shrink)

According to John Locke, the conditions of human happiness establish the content of natural law, but God’s commands make it morally binding. This raises two questions. First, why does moral obligation require an authority figure? Second, what gives God authority? I argue that, according to Locke, moral obligation requires an authority figure because to have an obligation is to be accountable to someone. I then argue that, according to Locke, God has a kind of parental authority inasmuch as he is (...) bound by covenant to guide us by revealing the content of the moral law. (shrink)

Science and technology are undergoing rapid development and progress. It is due to the increasing number of modern inventions. Among the technological discoveries that are very important are in the medical field. With modern medical equipment, the suffering of a patient can be reduced. But in reality, there are still some patients who have severe suffering. Patients who experience prolonged illness invites empathy from the family. To relieve his suffering, the family who could not bear to see his condition asked (...) the doctor to take actions that could shorten the patient's life, this kind of action in the medical world is known as euthanasia. This study aims to find out how the study of active euthanasia in the view of Christian law. This study is a literature review using an ethical-theological approach by studying books and scientific works related to the discussed problem. (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)

In the first few pages of chapter 4 of his Theological Political Treatise (1670), Spinoza defines his conception of the law. In fact, he defines the law twice, first in terms of compulsion or necessity and then in terms of use. I would like to investigate here these definitions, in particular the second one, as it is Spinoza’s preferred one. The difficulty with understanding this definition is that it contains an expression, ratio vivendi, that is repeated several times in the (...) first few pages of chapter 4, but, unless it is taken as a technical term referring to law as use, it is easy to mistake it as a casual expression that might mean different things each time. As a result, it is indispensable to turn to the Latin text to unlock the technical meaning of ratio vivendi. The result will be that Spinoza's conception of the law aligns with the epicurean conception of the law understood in terms of use. (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)

The common view that Hume is a regularity theorist about laws of nature isn’t textually well grounded. The texts show that he thinks of them as objective governing principles that could conceivably be violated while still counting as a law of nature. This is a standard view at the time, and Hume borrows it from others. He implies that the best evidence for rational religion is the exceptionless workings of the laws of nature, he argues that suicide isn’t incompatible with (...) the will of God by identifying his will with the laws of nature, and he has Philo argue for the existence of God from the simplicity of the laws governing the world. He sheds some of the theological baggage that laws of nature carry at the time, but not all of it. (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)

This paper is on Descartes’ account of modality and, in particular, his account of the necessity of the laws of nature. He famously argues that the necessity of the “eternal truths” of logic and mathematics depends on God’s will. Here I suggest he has the same view about the necessity of the laws of nature. Further, I argue, this is a plausible theory of laws. For philosophers often talk about something being nomologically or physically necessary because of the laws of (...) nature, but this necessity is thought to be metaphysically contingent. However, they struggle to explain how the laws could be genuinely necessary while being metaphysically contingent. The chief advantage of Descartes view, I argue, is that God’s will can plausibly explain both the necessity of the laws and the contingency of the laws. So, Descartes’ theistic account of laws provides a plausible explanation, perhaps the best explanation, of the contingent-necessity of laws of nature. (shrink)

Vardoulakis argues that the notion of law as developed in chapter 4 of Spinoza's Theological Political Treatise does not rely on a notion of legitimacy but rather on how authority justifies itself. To demonstrate this point, Vardoulakis analyzes closely the example of Adam and the Fall used by Spinoza in that chapter of the Treatise.

This chapter does not presume to outline a new economic theory, nor a novel perspective on Jewish approaches to economy. Rather, it suggests the concept of pragmatic interestedness (PI) as means for thinking on the search for conscious or moral forms of capitalism. In short, pragmatic interestedness means that having interests is basic to human nature, and that interestedness is or can be non-egoistic and pro-social. This chapter proposes that PI, which has a significant role in normative Jewish (...) tradition, can contribute to the articulation of conscious capitalism. The chapter first defines what pragmatic interestedness is, and its opposite, namely disinterestedness (DI), which demands total impartiality. The second section considers the influential Christian concept of Agape or universal and egalitarian love, which is arguably at tension with eros and particular commitments (and with PI in this regard). It is argued that prominent modern philosophies secularize the Agape, especially Karl Marx’s Communism and Peter Singer’s Sentientism, in a way that marginalizes PI. The third section explores the appearance of pragmatic interestedness within rabbinic Jewish tradition, by (i) presenting the complicated duality of the concept of interest, (ii) emphasizing the recognition of human needs and interests in Judaism and (iii) highlighting Jewish sensitivity to the differences between various spheres of human commitment, and (iv) the role of market and economic considerations in Jewish tradition. The fourth section reflects more broadly on how PI may contribute to the conception of conscious or humane capitalism. (shrink)

I raise the issue of the role of God with respect to morality and why we should be concerned with Him. Then the difficulty that God existence is still irrelevant even if He created the world and even if the Divine Commandment Theory is right that He is responsible for Morality. A Jewish Neo-Aristotelian solution is considered but rejected, and the Jewish Neoplatonist solution endorsed and sympathetically but cautiously endorsed. Free Will is considered from the Neoplatonist point of (...) view. Something like Jewish incarnation is suggested at the end, with an appendix on sex. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law (...) and theology in his thought, but also the importance of natural law to early modern legal thought. (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)

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)

The term ‘Political Theology’ was not coined in the twentieth century. I am not absolutely sure about who was the first to introduce the term. As we shall shortly see, Salomon Maimon (1753-1800) used the term as part of the title to one of the chapters of his 1792/3 Lebensgeschichte, and it is the primary aim of my chapter to explain his understanding of the term. The idea that views about the divine (‘theology’) – true or false – (...) could have an important role in establishing (or undermining) political order and authority, or even in the promotion of the ideal state, goes back to Maimonides, al-Farabi, and ultimately, Plato. We are likely to hear echoes of these writers in the current chapter. Still, in addressing the background of Maimon’s discussion of political theology, I will focus on the one text which exerted the most significant influence on Maimon’s discussion of the issue: Spinoza’s Theological Political Treatise (1670). In order to explain Maimon’s understanding of political theology, we will proceed in the following order. In the first part of the chapter we will have our first encounter with the term and the role of secrets in religious matters. The second part will study Maimon’s definitions of, and distinctions among, various forms of religion. In the third and final part we will explore Maimon’s views about “the greatest of all the mysteries of the Jewish religion” and about the nature of that religion. (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)

‘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)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on average are (...) doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

There is no single Jewish philosophical conception of God, and the array of competing conceptions does not lend itself to easy systemization. Nonetheless, it is the aim of this chapter to provide an overview of this unruly theological terrain. It does this by setting out ‘maps’ of the range of positions which Jewish philosophers have taken regarding key aspects of the God-idea. These conceptual maps will cover: (i) how Jewish philosophers have thought of the role and status (...) of conceiving of God in the first place; (ii) what Jewish philosophers have understood to be definitive of God or Divinity; (iii) Jewish philosophical conceptions of God’s oneness; (iv) Jewish philosophical conceptions of God’s transcendence or immanence; (v) Jewish philosophical conceptions of God’s personhood or lack thereof; (vi) Jewish philosophical understandings of why God created (or caused) a world; and (vii) Jewish philosophical understandings of God’s relationship to the Jewish people. Jointly, these seven conceptual maps outline the broad range of vying conceptions of God that have been held by Jewish philosophers over the centuries, while also enabling the reader a bird’s-eye-view of how these multiple conceptions relate to one another. The chapter concludes by touching on what Jewish philosophers have made of this immense diversity of theological conceptions included within the tradition. (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)

Focusing on sin as a historical-cultural and socio-religious construction in a process that encompasses its mythical-religious aspects, the article points out that the concept that expresses its notion is rooted in the borders involving human failure to correspond to the paradigmatic framework and its system of taboos, laws and moral codes. Thus, converging on the etymological-literary and biblical-religious aspects of sin, the article emphasizes that, by ending the meaning of missing the mark, the translation of the aforementioned term as “sin” (...) corresponds to the textual transposition established by the Septuagintversion in a movement of abstraction from the notion of moral guilt. Based on Ricoeur's reading of the philosophical-theological aspects of sin, the article that points out that sin is not a term capable of exhausting the meaning of reality that it implies as a symbol of the rupture between essence and existence, converging to its characterization as a symbol of eviland “mythical grandeur” through a construction that marks sin as an intersection involving evil and the world and attributes its emergence tothe act and determines its identification as a product and simultaneously a cause. Thus, focusing on the biblical-theological aspects of sin in Tillich and on the construction of the concept as an alienation between “non-faith” and “non-love”, the articleemphasizes the irreducible character of the conception that, according to the Apostle Paul, encloses the condition of an almost personal powerthat controls this world, which implies the superposition of a state of affairs characterized by objectivity and the configuration of the event now designated as a rupture involving essence and existence in a movement that may represent the human separation from the “Being-in-itself” and expressing the element of personal responsibility imbricated in its existential dynamics. (shrink)

This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of natural law, ultimately giving (...) rise to the Aristotelian "mixed form of government" and laying the groundwork for republicanism. In extending this inquiry, I attempt to identify a parallel argument in ancient Iran, investigating the presence of natural law and its impact on the political landscape. The concept of natural law, emphasizing the alignment of social and political affairs with nature's rules, played a significant role in shaping the Indo-Iranian communities. The Sanskrit term rta and its Avestan equivalent, Aša, denote this foundational concept. However, the ascendancy of Zoroastrianism and its new theology led to the consolidation of all Indo-Iranian gods into the singular omnipotent deity, Ahura Mazdā. Ahura Mazdā, along with its prophet Zaraθuštra, possessed the authority to govern both earthly life and the afterlife. The exclusive attributes of Ahu and Ratu empowered God and its messenger to formulate and enact laws ensuring a place in heaven. Consequently, Divine Law and positive law became intricately intertwined within a unified legal framework. This divine law, sanctioned by God and enforced by the King, diverges from the Greek perspective, particularly that of Aristotle, where tyranny is seen as a deviation from the ideal political order. In the Iranian context, tyranny is synonymous with God's representation, sharing the holiness and regal attributes of a King, who, in the Iranian and Avestan sense, enjoys God's blessing as Xvarənah or Faer-e Izadi. The intertwining of law and authority of the King precludes the possibility of an independent legal sovereignty apart from the King’s authority. The monotheistic tenets of Zaraθuštra’s religion, officially established in the 4th century AD as the Religion of the State, solidify this integrated system. Consequently, the coexistence of republicanism or any mixed form of government within Iran becomes unattainable under the influence of this monotheistic doctrine. (shrink)

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s perspective (...) by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

Dubilet’s contribution turns to Marx’s “On the Jewish Question” in order to diagnose the collusive interplay between mediation and sovereignty as modes of transcendence that, together, prevent real immanence from irrupting. It does so by recovering the logic of “the general secular contradiction”—the division between the state and civil society that materializes and secularizes the structure of diremption originally articulated in theological form, as the opposition between heaven and earth. In this analysis, the logic of Christianity is shown to (...) be imbricated with the political form of secular modernity itself. Moreover, this account reveals that the modern secular state does not inaugurate the political theology of immanence; rather it constitutes a mechanism of transcendent mediation. The exception that mediates across the two realms renders transcendence livable, but it also reproduces the dirempted life, establishing it as the unsurpassable horizon and foreclosing all operations of dissolution or abolition that could collapse the structure of civil society and the state that governs “the order of the world.” Although immediate transcendence (sovereignty) may be positioned, as it is in the Schmittian paradigm, as radically distinct from its mediational counterpart, in relation to real immanence the two operate as a collusive ensemble. (shrink)