In this comprehensive study, Marvin Fox offers an approach to Moses Maimonides that illuminates the intersections of his philosophical, religious, and Jewish visions—ideas that have embattled readers of Maimonides since the twelfth century.

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers. In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to (...) behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory. Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history. (shrink)

A selection of his more important writings.

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"The book is carefully organized and provides a clear, well-structured, and lucid expression of its theses." -- Dr. Marvin Fox, Department of Near Eastern and Judaic Studies, Brandeis University The Mishnah is the first canonical writing of Judaism after the Hebrew Scriptures of ancient Israel (the Old Testament) and the foundation of the two Talmuds and of all Judaism thereafter. According to eminent religion scholar Jacob Neusner, the key to understanding the Mishnah is to read it as philosophy, in (...) accord with the generally accepted understanding of philosophy in its time and place. In Judaism as Philosophy, Neusner studies a large sample of evidence, meticulously translated and carefully explained, and identifies the philosophical side of the Mishnah's system, method, and message alike. The philosophical tradition in which the Mishnah takes its place, Neusner explains, utilizes the Aristotelian method of hierarchical classification to demonstrate the proposition (important to Middle Platonism and profoundly expressed by Plotinus) that many things really form a single thing: many species, a single genus; many genera, an encompassing, well-crafted and cogent whole. Through the systematic and orderly hierarchical classification of the things of nature, the framers of the Mishnah illustrate the ultimate unity of all being emanating from the One on high. Arguing that the document's writers chose a legal form for a philosophical proposition, this book completely changes a centuries-old way of reading the Mishnah. Judaism emerges as a sustained demonstration of the unity of all being under one God. "What is the next phase in this ongoing history of the formation of Judaism in theclassical period[?]... The analysis of the philosophical character of the Mishnah places into perspective what I believe to be the character of the first phase, and therefore points toward the development of the second and third phases, of the Judaism of the Dual Torah. The entire characterization of the first phase of the Judaism of the Dual Torah, that is, the system attested by the Mishnah in particular, rests upon the results of this book and its two companions, on economics and politics respectively."--from the Preface. (shrink)

Il saggio presenta la definizione e l’interpretazione di Maimonide delle sette leggi noahidi come si trovano nel codice halakhico _Mishnè Torà, Hilkhot melakhim_, e come discusse ed elaborate dal pensatore ebreo contemporaneo (tedesco-americano) Steven S. Schwarzschild. Rispetto ad altre versioni rabbiniche, l’interpretazione di Maimonide aggiunge la condizione che l’osservanza di quelle leggi è valida solo se sono accettate e rispettate come leggi rivelate, non solo come _lex naturalis_. Su tale condizione esiste un disaccordo tra gli studiosi e i rabbini ebrei, (...) per esempio tra Marvin Fox e Aaron Lichtenstein (la loro posizione è un caso di studio presentato qui). Più specificamente, Schwarzschild argomenta a favore dell’interpretazione del Rambam e cerca di dimostrare che è coerente con la visione globale che Maimonide aveva dell’ebraismo in quanto tale. The essay presents Maimonides’ definition and interpretation of the seven Noahide laws as they are found in the halakhic code _Mishnè Torà, Hilkhot melakhim_, and as discussed and elaborated by the contemporary Jewish (German-American) thinker Steven S. Schwarzschild. In comparison with other rabbinical versions, Maimonides’ interpretation adds the condition that the observance of those laws is valid only if they are accepted and obeyed as revealed laws, not only as _lex naturalis_. About such a condition a disagreement exists among the Jewish scholars and rabbis, for example between Marvin Fox and Aaron Lichtenstein (their position is a case-study presented here). More deeply, Schwarzschild argues in favor of the Rambam’s interpretation and tries to demonstrate that it is consistent with the comprehensive vision Maimonides had on Judaism as such. (shrink)

After presenting a paradigm of natural law taken from Cicero and Aquinas, I discuss aspects of Maimonides' ethical theory that appear to conflict with doctrines of natural law. My conclusion will be that Maimonides' adaptation of the Aristotelian metaphysic and doctrine of the "Golden Mean" produced a teleological ethic that is reconcilable with his view that certain moral and legal injunctions are revealed. A doctrine of natural law is compatible with the ethical doctrines that Maimonides held. The thesis I pursue (...) is antithetical to Marvin Fox's (1972:V) contention that "in Judaism there is no natural law doctrine, and in principle there cannot be.". (shrink)

This essay considers the dependency of trans youth by bridging transgender studies with feminist care ethics to emphasize a trans wisdom about solidarity through dependency. The first major section of the essay argues for reworking Sara Ruddick's philosophy of mothering in the context of trans and gender‐creative youth. This requires, first, stressing a more robust interaction among her divisions of preservative love, nurturance for growth, and training for acceptability, and second, creating a more nuanced account of “nature” in relation to (...) nurturance for growth to avoid casting transition as contrary to a trans youth's healthy development. In the second major section of the essay, I depart from Ruddick's framework to emphasize the difference of care for trans youth by trans and/or queer communities and through mutual caregiving, stressing a trans wisdom about dependency and solidarity found in the work of Sylvia Rivera and Marsha P. Johnson. Turning to Eva Feder Kittay's links between dependency work and equality, I argue that Rivera and Johnson's work contains a distinct knowledge derived from practice necessitating the connection between solidarity and dependency in particular communities. I then call for more work on trans care ethics, trans ethics, and trans wisdom more broadly. (shrink)

A 1999–2000 national study of U.S. hospitals raised concerns about ethics consultation (EC) practices and catalyzed improvement efforts. To assess how practices have changed since 2000, we administered a 105-item survey to “best informants” in a stratified random sample of 600 U.S. general hospitals. This primary article details the methods for the entire study, then focuses on the 16 items from the prior study. Compared with 2000, the estimated number of case consultations performed annually rose by 94% to 68,000. The (...) median number of consults per hospital was unchanged at 3, but more than doubled for hospitals with 400+ beds. The level of education of EC practitioners was unchanged, while the percentage of hospitals formally evaluating their ECS decreased from 28.0% to 19.1%. The gap between large, teaching hospitals and small, nonteaching hospitals widened since the prior study. We suggest targeting future improvement efforts to hospitals where needs are not being met by current approaches to EC. (shrink)

Context: Although ethics consultation is commonplace in United States (U.S.) hospitals, descriptive data about this health service are lacking. Objective: To describe the prevalence, practitioners, and processes of ethics consultation in U.S. hospitals. Design: A 56-item phone or questionnaire survey of the "best informant" within each hospital. Participants: Random sample of 600 U.S. general hospitals, stratified by bed size. Results: The response rate was 87.4%. Ethics consultation services (ECSs) were found in 81% of all general hospitals in the U.S., and (...) in 100% of hospitals with more than 400 beds. The median number of consults performed by ECSs in the year prior to survey was 3. Most individuals performing ethics consultation were physicians (34%), nurses (31%), social workers (11%), or chaplains (10%). Only 41% had formal supervised training in ethics consultation. Consultation practices varied widely both within and between ECSs. For example, 65% of ECSs always made recommendations, whereas 6% never did. These findings highlight a need to clarify standards for ethics consultation practices. (shrink)

To design effective strategies to improve ethics consultation (EC) practices, it is important to understand the views of ethics practitioners. Previous U.S. studies of ethics practitioners have overrepresented the views of academic bioethicists. To help inform EC improvement efforts, we surveyed a random stratified sample of U.S. hospitals, examining ethics practitioners’ opinions on EC in general, on their own EC service, on strategies to improve EC, and on ASBH practice standards. Respondents across all categories of hospitals had very positive perceptions (...) of their own ethics consultation service (ECS) and few concerns about quality. Our findings suggest that the ethics-related needs of small, rural, non-teaching hospitals may be very different from those of academic medical centers, and therefore, different approaches to addressing ethical issues might be warranted. (shrink)

BackgroundWhile previous research has examined various aspects of ethics consultation (EC) in U.S. hospitals, certain EC practices have never been systematically studied.MethodsTo address this gap, we surveyed a random stratified sample of 600 hospitals about aspects of EC that had not been previously explored.ResultsNew findings include: in 26.0% of hospitals, the EC service performs EC for more than one hospital; 72.4% of hospitals performed at least one non-case consultation; in 56% of hospitals, ECs are never requested by patients or families; (...) 59.0% of case consultations involve conflict; the usual practice is to visit the patient in all formal EC cases in 32.5% of hospitals; 56.6% of hospitals do not include a formal meeting in most EC cases; 61.1% of hospitals do not routinely assess ethics consultants’ competencies; and 31.6% of hospitals belong to a bioethics network. We estimate the total number of non-case consultations performed in U.S. hospitals to be approximately one half the number of case consultations; we estimate the total number of ECs performed in U.S. hospitals, including both case and non-case consultations, to be just over 100,000 per year.ConclusionsThese findings expand our current understanding of EC in U.S. hospitals, and raise several concerns that suggest a need for further research. (shrink)

The annual volume of ethics consultations (ECs) has been a topic of interest in the bioethics literature, in part because of its presumed relationship to quality. To better understand factors associated with EC volume, we used multiple linear regression to model the number of case consultations performed in the last year based on a national survey. We found that hospital bed size, academic affiliation, and urban/rural location were all associated with EC volume, but were not the primary drivers. Instead, these (...) variables affected EC volume through three other variables, all of which relate to ethics staffing: the percentage of case consultations performed by a single individual; whether the survey respondent’s main role at the hospital contained the word “ethics”; and especially, the number of full-time ethics program staff. We conclude that EC is an example of supply-sensitive care, and further research is needed to determine the optimal level of EC activity. (shrink)

Building on previous works which argued that scalar implicatures can be computed in embedded positions, this paper proposes a constraint on exhaustification which restricts the conditions under which an exhaustivity operator can be licensed. We show that this economy condition allows us to derive a number of generalizations, such as, in particular, the ‘Implicature Focus Generalization’: scalar implicatures can be embedded under a downward-entailing operator only if the scalar term bears pitch accent. Our economy condition also derives specific predictions regarding (...) the licensing of so-called Hurford disjunctions. (shrink)

There is an argument against abortion that should be rejected. It is the argument that abortion is the killing of an innocent human being, and since the killing of an innocent human being is immoral, abortion is therefore immoral. The major premise should be corrected to read: ?Generally speaking, the killing of innocent human beings is immoral'; for in some situations morality demands the killing of the innocent. Moreover, given the deep structure of English and the differences between unborn and (...) born progeny, the question of whether a human fetus is a human being is best answered in the negative. (shrink)

The Tao of Roark: Variations on a Theme from Ayn Rand, by Peter Saint-Andre, is a guide to personal development. He begins with the theme of youthful discovery in The Fountainhead and its protagonist, Howard Roark, progressing through forty-eight “variations,” familiar to close readers of Rand's novel: principles, virtues, and evaluations, which begin with reason and the integration of emotions. This is the intellectual and emotional journey of the author, shared, to inspire the reader.

This article concerns the related ideas of "presentation" and "representation" with regard to animals and suggests that the prefix "re" indicates a directing agent with its own concerns about the nature and status of animal presence. It further suggests that the representation of animals is perhaps always an expression of human concerns, desires, and imaginings. As with other domesticated nonhuman animals, foxhounds are not present in the world to fulfill their own purposes but there to fulfill these human desires and (...) imaginings and are celebrated as the realization of a complex engagement of humans with the world of animals. The foxhound is central to English foxhunting and is given cultural meaning because of this context.The article offers a close anthropological interpretation of the production of this animal - a complex, cultural creation based on a canine form. (shrink)

This paper argues in favor of two claims: (a) that Scope Shifting Operations (Quantifier Raising and Quantifier Lowering) are restricted by economy considerations, and (b) that the relevant economy considerations compare syntactic derivations that end up interpretively identical. These ideas are shown to solve several puzzles having to do with the interaction of scope with VP ellipsis, coordination, and the interpretation of bare plurals. Further, the paper suggests a way of dealing with the otherwise puzzling clause-boundedness of Quantifier Raising.

No statue raised in a public place should stand there indefinitely. Any such monument should have a set date when it is due to be replaced. I make three arguments to support this principle of non-permanence for public commemorative art. First, the opportunity cost of permanent statues is too high. States have a duty, grounded in their need for legitimacy, to support and cultivate democratic values. Public art is a powerful tool that is being drastically underemployed because existing statues are (...) already taking up so many prominent sites. Second, permanence undermines stability by unnecessarily raising the stakes of change and so exacerbating predictable tensions between social groups who ought to be able to respect one another as honourable civic partners. My proposal reduces the significance of replacing a monument by making removals a commonplace event. Third, we ought to do away with permanent statues as a means of increasing democratic control for both current and future generations over public spaces. Each generation inherits a more cluttered civic landscape which makes it progressively more difficult to shape it in accordance with their needs, preferences, and cultural vocabulary. Taken together, these arguments tip the balance of reasons decisively against the status quo. (shrink)

Today’s panel is about the expanding boundary of population health policy, what that expanding boundary has to do with law, and what kinds of challenges and opportunities come out of it. What I want to do for the next few minutes is talk to you about the notion of population health as it exists where law and policy are made, rather than where it exists in a spectacular international theoretical literature. Then I want to introduce our panelists. In the process, (...) I will explain why the Honorable John Nilson, is not with us, which tells you a great deal about not only the real world of the politics of population health, but also about the kind of trouble you can get into if you are a first class lawyer involved in population health. (shrink)