Kathryn Paxton George's recent publication, Animal, Vegetable, or Woman?, is the culmination of more than a decade's work and encompasses standard and original arguments against the feminist-vegetarian connection. This paper demonstrates that George's key arguments are deeply flawed, antithetical to basic feminist commitments, and beg the question against fundamental aspects of the debate. Those who do not accept the feminist-vegetarian connection should rethink their position or offer a non-question-begging defense of it.

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

The 16th and 17th centuries witnessed a philosophical shift that would help pave the way for modern science, a shift from metaphysical theories of material objects to other views embracing only the empirically-accessible parts of material things. One much-debated topic in the course of this shift was regarding prime matter. The late scholastic Jacobus Zabarella (1533-1589) arrived upon his views about prime matter via his version of the regressus method, a program for a sort of scientific reasoning. In his De (...) rebus naturalibus, Zabarella defends the position that prime matter is extended. However, it is less clear how he accounts for its extension. There is an important text where he apparently suggests that prime matter is extended in and of itself. However, there are two other texts apparently stating that matter is extended in virtue of a distinct accident in the category of quantity. I argue that a decisive reading based solely upon any particular texts is not available. Nevertheless, examining Zabarella’s writing on the topic as a whole, the trajectory of his overall argument is remarkably sympathetic to Averroes, who famously took the accidentally quantified position. Thus, from this systematic feature, the accidentally quantified reading is more reasonable. (shrink)

Could Christians and Muslims be referring to the same God? Consider Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. I argue that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this "demonstrative" use of names offers a promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God.

Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...) jobs. If instead they are intelligent enough to replace us, the risk they become unfriendly increases, given that they would not need us and humans would just compete for valuable resources. Their hostility will not promote our moral passivity. Secondly, the use of AI assistants in our personal lives will become a problem only if we rely on them for almost all our decision-making and motivation. But such a (maximally) pervasive level of dependence raises the question of whether humans would accept it, and consequently whether the crisis of passivity will arise. (shrink)

A Hebrew translation of William James's essay "Reflex Action and Theism", The Will to Believe and other essays in Popular Philosophy (1897): 111-144.

I contend there exists a platonistic good that all other good (excellent) things must resemble, supplementing this theory with Aristotelian features. Something’s goodness holds in virtue of the thing’s own properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. As for the latter condition, the K-standards resemble it firstly with respect to requiring activities, and secondly also at the level of what teleology those activities are directed towards.

Faith has many aspects. One of them is whether absolute logical proof for God’s existence is a prerequisite for the proper establishment and individual acceptance of a religious system. The treatment of this question, examined here in the Jewish context of Rabbi Prof. Eliezer Berkovits, has been strongly influenced in the modern era by the radical foundationalism and radical skepticism of Descartes, who rooted in the Western mind the notion that religion and religious issues are “all or nothing” questions. Cartesianism, (...) which surprisingly became the basis of modern secularism, was criticized by the classical American pragmatists. Peirce, James and Dewey all rejected the attempt to achieve infallible absolute knowledge, as well as the presumptuousness of establishing such a knowledge by means of casting Cartesian hyperbolic doubt. They advocated an alternative approach which was more holistic and humane. This paper lays out Descartes’s approach and the pragmatists’ critique. Despite the place that pragmatic considerations hold in Jewish tradition, some thinkers reject the relevance of these ideas. Yet Berkovits’s thought suggest a different path. He rejected Descartes’ radical skepticism and his radical foundationalism, in favor of a moderate foundationalism, which allows for a belief in God alongside constructive doubts. Similar to Peirce’s conception of the fixation of belief, Berkovits views local doubts (distinct from the hyperbolic doubt) as necessary for thought. Berkovits’s understanding of the biblical human-divine encounter, following Rosenzweig, Buber, and Heschel, is conceptualized here as “encounter theology”. Berkovits criticizes the propositionalist attempts to prove God’s existence logically, as well as the presumptuousness of basing religious belief on the teleological world-order. However, Berkovits’s conception of the ‘caring God’ is not provable, and thus defined as a pragmatic ‘postulate’. The article concludes by considering Berkovits’s “encounter theology”. In contrast to the approach described by Haym Soloveitchik, of halakhic stringency and lack of subjective experience of God’s face, Berkovits’s approach is dialogic through and through. (shrink)

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be bad for doing so. I anticipate an Aristotelian objection that evaluations should only be made from "within" the lifeform conception rather than (...) from without. (shrink)

This article presents Franz Rosenzweig’s concept of redemption as a vehicle for raising some important questions for confronting the contemporary movement of Transhumanism. The upshot of our discussion is located in the existential questions asked, following a philosophical comparison of Rosenzweig’s religious and philosophical commitment to human life in its most robust form, with Transhumanism’s scientistic vision. To do so, the article first discusses some techno-scientistic assumptions of Transhumanism, showing that it presumes what was once a core principle of German (...) Idealism, the identity of reason and being, against which Rosenzweig rebelled. Then, the article turns to examine Rosenzweig’s humanistic redemptive vision and its emphasis on the corporeal, the temporal, and the worldly. The conclusion makes explicit the ways in which Rosenzweig’s redemptive vision provides a contrasting model to the one set forth by Transhumanism. (shrink)

This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...) turns out that he formulated some immanent theological notions that were overlapping those of Heschel, for example in attributing God the personal trait of caring. Surprisingly, most Heschel’s scholars did not consider this point. This riddle addressed here in two ways: (1) Psychological and Social, on which I understand Berkovits’s critique as a way of coping with his own religious perplexities, and in a wider sense, it is asserted that trans-denominational critique may be a discursive opportunity for mutual corrigibility. (2) Theological, since Heschel and Berkovits indeed faced a similar theological challenge, of rejecting any description of God as anthropomorphism. I thus offer a constructive theological argument for providing a justification to the immanent theologies of both Heschel and Berkovits. (shrink)

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

This paper considers the responsibilities of the FDA with regard to disseminating information about the benefits and harms of e-cigarettes. Tobacco harm reduction advocates claim that the FDA has been overcautious and has violated ethical obligations by failing to clearly communicate to the public that e-cigarettes are far less harmful than cigarettes. We argue, by contrast, that the FDA’s obligations in this arena are more complex than they may appear at first blush. Though the FDA is accountable for informing the (...) public about the health risks and benefits of products it regulates, it also has other roles that inform when and how it should disseminate information. In addition to being a knowledge purveyor, it is also a knowledge producer, an advisor to the public, and a practical agent shaping the material conditions in which people make health-related choices. In our view, those other roles call for caution in the way the FDA interprets and communicates the available evidence. (shrink)

The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)

In Aristotle’s writings regarding the biology of embryology, especially in the Generation of Animals, he contends that the mother’s menstrual fluids provide the material for the generation of the offspring, and the father’s form determines its formation as a member of that species (e.g. human). The katamenia (menstrual fluids) of the mother are said to be potentially all the body parts of the offspring, though actually none of them. So, the fluids are potentially the offspring. But are they a first (...) potentiality or second potentiality (first actuality) of a human, in the terminology of De Anima II? In this paper I will argue that katamenia are a first potentiality of a human. My first argument is that katamenia do not have the potential for human activities such as thinking, but rather the potential of becoming something having the potential for those activities. I answer the objection that katamenia are not even a first potentiality, by appealing to an important text contending that for any x whose source of becoming is external, x is potentially y if nothing in x with respect to matter needs to be changed in order for an external principle to make x into y. (shrink)

In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD sufferers (...) (who are mostly of African descent) and health care providers. But really what is essential in improving this relationship is for those providers to genuinely care and be concerned, and this could be lacking even with the CRISPR research being done. Indeed, this relationship could be improved even without that research being done, as long as there is genuine concern. Thus, this argument actually argues for the need for genuine concern. As for the third argument, one (of two) problems arises because it claims that CRISPR research for SCD should be pursued because the benefits would be shared by even non-research-participants, as non-participants would be encouraged. However, this argues for any research for SCD, not for CRISPR research in particular. I conclude that a better justice-based argument will use only Baffoe-Bonnie’s first argument, which is based on historic neglect of an actual cure for SCD (going beyond merely management or transplant therapies). (shrink)

Objective: There are benefits and risks of giving patients more granular control of their personal health information in electronic health record (EHR) systems. When designing EHR systems and policies, informaticists and system developers must balance these benefits and risks. Ethical considerations should be an explicit part of this balancing. Our objective was to develop a structured ethics framework to accomplish this. -/- Methods: We reviewed existing literature on the ethical and policy issues, developed an ethics framework called a “Points to (...) Consider” (P2C) document, and convened a national expert panel to review and critique the P2C. -/- Results: We developed the P2C to aid informaticists designing an advanced query tool for an electronic health record (EHR) system in Indianapolis. The P2C consists of six questions (“Points”) that frame important ethical issues, apply accepted principles of bioethics and Fair Information Practices, comment on how questions might be answered, and address implications for patient care. -/- Discussion: The P2C is intended to clarify whatis at stake when designers try to accommodate potentially competing ethical commitments and logistical realities. The P2C was developed to guide informaticists who were designing a query tool in an existing EHR that would permit patient granular control. While consideration of ethical issues is coming to the forefront of medical informatics design and development practices, more reflection is needed to facilitate optimal collaboration between designers and ethicists. This report contributes to that discussion. (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)

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

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)

Ayalon Eidelstein’s Openness and Faith focuses on the centrality of the idea of openness, or open-mindedness, to the educational sphere. The first half presents the challenges in modern ‘divided-consciousness’ and its consequences of egoism, materialism, and hedonism on the one hand, and religious fanatism on the other. Eidelstein’s main audience is the Israeli secular public, to which he proposes an educational and philosophical middle-way rooted in sincere human and inter-human openness. This openness is inspired by the idea of disinterestedness that (...) Kant articulates in his Critique of Judgment. Eidelstein refers to additional authors, including Franz Rosenzweig and Emmanuel Levinas, to conceptualize the idea of open-mindedness. In the second half of the book, he engages classical American Pragmatism, specifically that of William James, in order to establish the possibility for, and the validity of, a humane open-mindedness. Pragmatism thus paves the way for accepting beliefs that may otherwise be excluded as superstitions and accords them a legitimate and productive role in the life of a modern individual. The difficulty, however, lies in Eidelstein’s employment of Kantian disinterestedness, for it is in fact seriously dissonant with the worthy pragmatic educational purposes that Eidelstein elaborates in the second half of his book. Pragmatism is opposed to disinterestedness in that it stresses the entanglement of fact and value, viewing interests as playing a necessary and productive part in moral motivation and action, while Kantian deontology eliminates consequentialism from the moral scope. While for pragmatists (for example John Dewey’s Democracy and Education) the human creature is holistically conceived, as made of flesh and blood and not only as ‘spirit’, Kant maintained the dualistic Cartesian tradition. This tension calls for a rigorous address. Since Eidelstein’s book is making an important claim about the place open-mindedness has within the Judaism, it must be noted that the disinterestedness of a presumed human ‘self’ is also not easily compatible with the dominant voices in normative Jewish tradition. The Bible does not deal to a large extent with the ‘self’ or with mental intentions, and its conception of the human is not categorically different in the Talmudic corpus. On the contrary, the rabbis frequently endorse pragmatic and ‘external’ reasons, as the motivational basis for action. The kind of purism associated with disinterestedness (as in Mishnah Avot 5:18-19) is barely represented in rabbinic thought. Openness and Faith: In Search of Cultural Education Here and Now is nevertheless an important contribution to the intellectual discourse over the individual and public virtues. In our ever-more segregated and fenced-off world, there is an urgency to delineating the virtue of openness, hoping that Ecclesiastes is right in contending that “No person has power over the spirit [רוח] to retain it” (8:8). But to make Eidelstein’s point about openness in the second half of his book educationally viable, there a need for a pragmatic refinement of the philosophical anthropology in its first half. One way or the other, Openness and Faith is praiseworthy for its articulateness and depth, which invites its readers to an open-minded conversation about the concept of openness. (shrink)

Chosenness, Agapism, and the Search for Moderation between Nationhood and Universalism -/- Abstract The idea of collective Chosenness (nivḥarut) was interpreted by Jewish thinkers in two initial ways: Chosenness as a divine gift which is somehow encrypted in the body of each Jewish individual, and Chosenness as a normatively acquired (rather than inherited) property. Numerous attempts were made to defend these approaches, and to mediate between them. This paper examine the idea of Chosenness from a novel perspective, by interrogating it (...) with its mirror concept, namely the Christian Agape which mandates the love of and the care for every human being, regardless of their nationality, merit, ethnicity, or ‘race’. The agapic stance has its origin in the Hebrew Bible, and was robustly developed in the Christian tradition with its distinctive universal trajectory. The significance of Agape - which is almost absent from the research on Jewish Thought vis-à-vis Christianity - to the issue of national election, is the agapic emphasis on the election of humanity as a whole. Juxtaposing chosenness with agapism sheds new light on the old issue of chosenness, in several ways: First, by demonstrating that not only narrow chosenness has its moral pitfalls; radical forms of Agape too have their moral prices. Secondly, the contextualization of chosenness vis-a-vis Agape invites a search for middle ways that balance between the two polarities. Thirdly, given that there are moderations between chosenness and Agape in both Judaism and Christianity, establishing the conceptual axis ‘Chosenness-Agapism’ may enrich Jewish-Christian interfaith discourse, thus contributing to the ability of Jewish and Christian interlocutors to better understand how their Abrahamic fellow challenges their tradition in a way which is vital to the pursuit of their own tradition’s equilibrium. (shrink)

For Aristotle, the shape of a physical body is perceptible per se (DA II.6, 418a8-9). As I read his position, shape is thus a causal power, as a physical body can affect our sense organs simply in virtue of possessing it. But this invites a challenge. If shape is an intrinsically powerful property, and indeed an intrinsically perceptible one, then why are the objects of geometrical reasoning, as such, inert and imperceptible? I here address Aristotle’s answer to that problem, focusing (...) on the version of it that he presents in De caelo III.8. I argue that if we grant that Aristotle conceived of the shape of a sensible body as some kind of causal power, then the satisfactory resolution of that challenge pushes us to interpret him as having conceived of it as being, more specifically, an impure power—that is, as a property that is not only intrinsically powerful but also, in some way, intrinsically non-powerful as well. This is a notable result not only insofar as it illuminates Aristotle’s conception of shape but also insofar as it contributes to our knowledge of Aristotle’s theory of dunameis and his ontology more broadly. (shrink)

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

Please see the extended abstract in the attached file.

This book-chapter investigates the pragmatist Zionist thought of Mordecai M. Kaplan, and considers its pluralistic and holistic traits, vis-a-vis monist and fundamentalist approaches to Zionism.

Taking up a recent critique of Nancy Fraser by Sally Haslanger, this paper defends the primary thesis of Marxist-Feminist unitarytheory that the systematic reproduction of modern forms of racial and gendered oppression is due to their co-articulation with thereproduction of capitalist social relations against three criticisms offered by Haslanger. It develops its defense of Fraser’s articulation of unitary theory by acknowledging a social ontological deficit in that theory insofar as it does not contain a theory of thesocial construction of human (...) kinds and amending this deficit by drawing on revised aspects of Haslanger’s own work. It arguesthat the global reproduction of race and gender as hierarchical social relations is a consequence of the reproduction of capitalism although local gender and race kinds are asymmetrically co-constituted by non-capitalist social practices. (shrink)

This book-chapter briefs Eliezer Schweid's thought, and demonstrates the role of some core-concepts of classical American pragmatism within it.

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)

This article argues that certain interpretive trajectories within Jewish tradition – both halakhic (nomos) and aggadic (narrative) – can be illuminated vis-a-vis classical American pragmatism (CAP). Contrary to a prevalent belief, Peirce, James, and Dewey were neither anti-metaphysical nor anti-traditional. They contended, in different ways, that the ‘pragmatic maxim’ (PM) – “truth is what works” in James’s phrasing – is not a narrowly instrumentalist truth test. The PM rather implies that ideas and beliefs (philosophical and religious alike) should be examined (...) against their worldly consequences. After a clarification of this relational idea in its pragmatist philosophical context, and an introductory sketch of the appearances of the PM in Jewish tradition, the article examines the PM within the thought of Rabbi Ḥayyim Hirschensohn (RḤH; 1857-1935). The article runs as follows: Section 1 presents CAP and clarifies what the PM is. Section 2 offers a bird’s eye mapping of the application of the PM within Jewish tradition. Section 3 briefs RḤH’s intellectual biography and elaborates on his pragmatist premises and his application of the PM. Rather than conceiving divine commandments as an arbitrary dictate, RḤH viewed them as purposive, relational, and as constituted and reaffirmed by individual and collective human agreements. Finally, the article reflects on the theological-intellectual prerequisites for the application of the PM. (shrink)

Swartz attempts the commendable task of motivating nonprofessional philosophers to engage in the activity of identifying and criticizing their own metaphysical theories. He does this first by explaining what a metaphysical theory is and how to evaluate it, and second by examining the plausibility of various theories concerning space, time, properties, synchronic identity, diachronic identity, and personal identity. A professional philosopher will find it easy to read. An upper-level undergraduate or beginning graduate student would, I imagine, find it challenging at (...) times but readable. There is a glossary of technical terms, further readings suggested, bibliographical references, a name index, and a subject index at the end of the book. (shrink)

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

This review-essay considers two books by David Brezis and Hannah E. Hashkes, and discusses their significance for exploring the philosophical links between Jewish thought and classical American pragmatism.

David Berman's work on experimental philosophy is a defence of a traditional approach to empiricism against both contemporary rationalism and logico-analytic philosophy. While his approach focuses on empirical evidence in support of theoretical claims, Berman distinguishes his position from the kind of experimentalism recently risen from the analytic world. After having highlighted the merit of Berman's approach to philosophy, I comment on his main views, addressing particularly the relationship between language, intuitions and experience from the standpoint of (...) the epistemological topic of belief justification. (shrink)

This thirteenth volume of Collected Papers is an eclectic tome of 88 papers in various fields of sciences, such as astronomy, biology, calculus, economics, education and administration, game theory, geometry, graph theory, information fusion, decision making, instantaneous physics, quantum physics, neutrosophic logic and set, non-Euclidean geometry, number theory, paradoxes, philosophy of science, scientific research methods, statistics, and others, structured in 17 chapters (Neutrosophic Theory and Applications; Neutrosophic Algebra; Fuzzy Soft Sets; Neutrosophic Sets; Hypersoft Sets; Neutrosophic Semigroups; Neutrosophic Graphs; Superhypergraphs; Plithogeny; (...) Information Fusion; Statistics; Decision Making; Extenics; Instantaneous Physics; Paradoxism; Mathematica; Miscellanea), comprising 965 pages, published between 2005-2022 in different scientific journals, by the author alone or in collaboration with the following 110 co-authors (alphabetically ordered) from 26 countries: Abduallah Gamal, Sania Afzal, Firoz Ahmad, Muhammad Akram, Sheriful Alam, Ali Hamza, Ali H. M. Al-Obaidi, Madeleine Al-Tahan, Assia Bakali, Atiqe Ur Rahman, Sukanto Bhattacharya, Bilal Hadjadji, Robert N. Boyd, Willem K.M. Brauers, Umit Cali, Youcef Chibani, Victor Christianto, Chunxin Bo, Shyamal Dalapati, Mario Dalcín, Arup Kumar Das, Elham Davneshvar, Bijan Davvaz, Irfan Deli, Muhammet Deveci, Mamouni Dhar, R. Dhavaseelan, Balasubramanian Elavarasan, Sara Farooq, Haipeng Wang, Ugur Halden, Le Hoang Son, Hongnian Yu, Qays Hatem Imran, Mayas Ismail, Saeid Jafari, Jun Ye, Ilanthenral Kandasamy, W.B. Vasantha Kandasamy, Darjan Karabašević, Abdullah Kargın, Vasilios N. Katsikis, Nour Eldeen M. Khalifa, Madad Khan, M. Khoshnevisan, Tapan Kumar Roy, Pinaki Majumdar, Sreepurna Malakar, Masoud Ghods, Minghao Hu, Mingming Chen, Mohamed Abdel-Basset, Mohamed Talea, Mohammad Hamidi, Mohamed Loey, Mihnea Alexandru Moisescu, Muhammad Ihsan, Muhammad Saeed, Muhammad Shabir, Mumtaz Ali, Muzzamal Sitara, Nassim Abbas, Munazza Naz, Giorgio Nordo, Mani Parimala, Ion Pătrașcu, Gabrijela Popović, K. Porselvi, Surapati Pramanik, D. Preethi, Qiang Guo, Riad K. Al-Hamido, Zahra Rostami, Said Broumi, Saima Anis, Muzafer Saračević, Ganeshsree Selvachandran, Selvaraj Ganesan, Shammya Shananda Saha, Marayanagaraj Shanmugapriya, Songtao Shao, Sori Tjandrah Simbolon, Florentin Smarandache, Predrag S. Stanimirović, Dragiša Stanujkić, Raman Sundareswaran, Mehmet Șahin, Ovidiu-Ilie Șandru, Abdulkadir Șengür, Mohamed Talea, Ferhat Taș, Selçuk Topal, Alptekin Ulutaș, Ramalingam Udhayakumar, Yunita Umniyati, J. Vimala, Luige Vlădăreanu, Ştefan Vlăduţescu, Yaman Akbulut, Yanhui Guo, Yong Deng, You He, Young Bae Jun, Wangtao Yuan, Rong Xia, Xiaohong Zhang, Edmundas Kazimieras Zavadskas, Zayen Azzouz Omar, Xiaohong Zhang, Zhirou Ma.‬‬‬‬‬‬‬‬. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to (...) non-retributive justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

The topic I address in this paper is whether the independence of Church and State brought about by the Lutheran Reformation tantamounted to the secularisation of the latter. Taking into account two recent essays by Harold Berman and John Witte on the Lutheran contribution to the Western legal tradition, I argue that Luther’s criticism of the catholic doctrine of Papal power came hand in hand with a theologization of the foundations of the authority of the State, which is difficult (...) to deem «secular». (shrink)

This paper focuses on order-preserving logics defined from varieties of distributive lattices with negation, and in particular on the problem of whether these can be axiomatized by means Hilbert-style calculi that are finite. On the negative side, we provide a syntactic condition on the equational presentation of a variety that entails failure of finite axiomatizability for the corresponding logic. An application of this result is that the logic of all distributive lattices with negation is not finitely axiomatizable; we likewise establish (...) that the order-preserving logic of the variety of all Ockham algebras is also not finitely axiomatizable. On the positive side, we show that an arbitrary subvariety of semi-De Morgan algebras is axiomatized by a finite number of equations if and only if the corresponding order-preserving logic is axiomatized by a finite Hilbert-style calculus. This equivalence also holds for every subvariety of a Berman variety of Ockham algebras. We obtain, as a corollary, a new proof that the implication-free fragment of intuitionistic logic is finitely axiomatizable, as well as a new corresponding Hilbert-style calculus. Our proofs are constructive in that they allow us to effectively convert an equational presentation of a variety of algebras into a Hilbert-style calculus for the corresponding order-preserving logic, and vice versa. We also consider the assertional logics associated to the above-mentioned varieties, showing in particular that the assertional logics of finitely axiomatizable subvarieties of semi-De Morgan algebras are finitely axiomatizable as well. (shrink)

Berkeley argues that claims about divine predication (e.g., God is wise or exists) should be understood literally rather than analogically, because like all spirits (i.e., causes), God is intelligible only in terms of the extent of his effects. By focusing on the harmony and order of nature, Berkeley thus unites his view of God with his doctrines of mind, force, grace, and power, and avoids challenges to religious claims that are raised by appeals to analogy. The essay concludes by showing (...) how a letter, supposedly by Berkeley, to Peter Browne ("discovered" in 1969 by Berman and Pittion) is, in fact, by John Jackson (1686-1763), controversial theologian and friend of Samuel Clarke. (shrink)

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and institutions (...) of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (shrink)

A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making (...) intentionally false warnings about other sources of harm. This essay surveys some examples to secure this point, shows that Berman's moralized account of their wrongfulness is wanting, and offers the outline of an approach better suited to explain the wrongfulness of threatening.1. (shrink)

In this article, we address fallacious analogical reasoning and the Metaphoric Fallacy to a Deductive Inference (MFDI), recently discussed by B. Lightbody and M. Berman (2010). We claim that the authors’ proposal to introduce a new fallacy is only partly justified. We also argue that, in some relevant cases, fallacious analogical reasoning involving metaphors is only affected by the use of quaternio terminorum.

Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great (...) Britain, the US and the Netherlands, by authors of various nationalities. (shrink)

Can Marxist-Leninist philosophy disregard dialectical materialism, the analysis of material and social contradictions, the need to overcome and resolve them in the service of revolutionary transformation? ‘Does the lecturer acknowledge that the philosophy of Marxism is dialectical materialism’, as Lenin asked Bogdanov one day in May 1908? What had 'official Soviet Marxism' really become, capable of combining ideological dictatorship with militant philosophical ignorance, in turn justified by the achievements of modern science, skilfully used as an instrument of domination and preservation (...) of the established order? How can one conceptually dominate reality and its contradictions, knowing well that knowledge is never neutral but is class-based? These questions are answered by Evald Ilyenkov, one of the greatest Marxist philosophers of the 20th century, re-examining Lenin's Materialism and Empiriocriticism at the end of the 1970s with a text entitled Leninist Dialectics and the Metaphysics of Positivism, still unpublished in Italy, and identifying in the revolutionary leader an exceptional theoretical ally. Just as Lenin had had to fight the attacks promoted by the theories of Bogdanov, who approached the empirio-criticism of Mach, Avenarius and Berman, seeing it as dogmatic and reactionary materialism directed against the natural sciences, so Ilyenkov fought against the penetration of positivism into Soviet politics and philosophy, criticizing the rejection of the dialectic only functional to the technocratic project of building 'socialism' in the Brezhnev era, a disguised heir of the empirio-criticism denounced by Lenin as the natural metaphysical conclusion to the logic of positivism. (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...) and about the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)