Ramat Gan Academic Center of Law and Business, Israel This article aims to expose the philosophical and cultural mechanisms, which allow some forms of western religion (in this case mainstream Christianity) to join hands with western capitalism in the oppression of women and of the needy. Focusing on the example of the USA, this article claims that both mainstream Christian religion and capitalism perpetuate and entrench discrimination against women and the oppression of the needy through the use of the cultural/philosophical (...) dichotomy between love and justice and its corollary dichotomy between private and public. Against this background, the second part of the article examines several notions of love and justice, and offers a philosophical alternative to the dichotomous understanding of the two which is based on our claim that neither love nor justice is complete without the other and suggests a combined understanding of these concepts. Finally, the article examines the practical implications of such a theoretical alternative for the social and cultural structures of the capitalist state, religion and the family. Key Words: capitalism • family • feminist ethics • justice • love • private • public • religion • United States • welfare state. (shrink)

Controlling Natality - the ratio of births to the general population - is one of the best means a state has to control its demographic composition. However, the fact that the state has certain interests with regard to the size and composition of its population does not necessarily give it the right to set and pursue natality policies, because such policies can potentially infringe on various human rights such as the rights of women and the rights of minorities. Using a (...) feminist perspective I first argue that even if it is illegitimate for states to try to influence people's choice as to the number of their children in order to achieve demographic change, the state may, and should, enact natality policies aimed at promoting women's right to equality, regardless of whether their end result is to achieve a demographic change. Next I examine whether states are allowed to pursue natality policies that are aimed at decreasing natality rates in specific cultural groups, whose cultural precepts are oppressive to women and dictate very high natality rates. Using the ultra orthodox Jewish community in Israel as a test case, I present and reject three objections to the state's right to pursue such natality policies: the objection from free choice, the objection from free association, and the objection from culture. Rejecting these objections I conclude that not only is the state allowed, but it is indeed obligated, to pursue natality policies that aim to alleviate the oppression of women by decreasing inordinately high birth rates in illiberal communities. However, when choosing the measures for the implementation of such policies the state must take care to choose only measures that respect human rights. (shrink)

The emergence of multicultural theory and of claims of recognition by cultural, ethnic, and national minorities has brought to the forefront previously neglected aspects of the right to equality. However, when judged on their own, claims for recognition stand the risk of failing to fully capture, and even distorting, the meaning of equality. I suggest that in order to avoid this risk, multicultural claims need to be contextualized. Employing Nancy Fraser’s framework of two dimensions of justice—recognition and redistribution—and adding a (...) third dimension—political participation, I suggest a framework for a contextualized assessment of multicultural claims that allows us to properly and fully assess their validity. I then go on to employ this framework on the claims of Israel’s two most significant cultural minorities—the Palestinian Arabs and the Ultra Orthodox Jews. I show how the use of the suggested framework helps to expose the considerable differences between these two cultural minorities, and consequently the notable difference in the merits of their claims, a difference that would have otherwise gone undetected. (shrink)