An academic anthology on Jewish studies and education in memory of dr. Avraham Zalkin.

In the context of European integration, the great French Christian philosopher Jacques Maritain and his influence on the European project in the mid-20th century are mentioned very rarely. This paper seeks to shed some light on his somehow hidden role in this context, especially given the central role of freedom of conscience within the personalist philosophical heritage to which Maritain belonged and the political philosophy he shaped, which had a key impact on the European project and its basic documents. Freedom (...) of conscience is seen here as the cornerstone of all human freedoms despite all the risks and complications that this entails. In all conflicts between the State and the conscience, it is necessary and desirable to always go in favour of the conscience or at least to lean towards political solutions that respect or at least do not despise the conscience of the person. Whenever we face seemingly unsolvable problems in such conflicts, dialogue and negotiation should always be chosen instead of violence and imposition. (shrink)

Developmentally, adolescence sits in transition between childhood and adulthood. Involving adolescents in their medical decision-making prompts important and complex ethical questions. Originating in the UK, the concept of Gillick competence is a dominant framework for navigating adolescent medical decision-making from legal, ethical and clinical perspectives and is commonly treated as comprehensive. In this paper, we argue that its utility is far more limited, and hence over-reliance on Gillick risks undermining rather than promoting ethically appropriate adolescent involvement. We demonstrate that Gillick (...) only provides guidance in the limited range of cases where legal decisional authority needs to be clarified. The range of cases where use of Gillick actually promotes adolescent involvement is narrower still, because several features must be present for Gillick to be enacted. Each of these features can, and do, act as barriers to adolescent involvement. Within these limited situations, we argue that Gillick is not specific or strong enough and is reliant on ethically contestable principles. Moreover, in most situations in adolescent healthcare, Gillick is silent on the ethical questions around involving adolescents. This is because it focuses on decisional authority—having the final say in decision-making—which is one small subset of the many ways adolescents could be involved in decision-making. The implication of our analysis is that use of Gillick competence tends to limit or undermine adolescent involvement opportunities. We propose that those working with adolescents should be judicious in seeking Gillick’s guidance, instead drawing on and developing alternative frameworks that provide a comprehensive model for adolescent involvement. (shrink)

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

The “Assyrian Century,” the period of Assyrian rule in the Levant, is usually regarded as an era of prosperity and economic progress. As far as the southern Levant is concerned, this reconstruction more or less reflects the reality on the southern edge of the region—in the areas of Philistia, Judah, and Edom. But what was the situation in the northern part of the country, in the territories of the former kingdom of Israel and adjacent territories, regions that had become Assyrian (...) provinces? It is the aim of this paper to scrutinize the archaeological data from these regions in order to shed light on the settlement and demographic reality in those provinces, and furthermore to reassess Assyrian policy in the west. After summarizing previous research, the article will present the available archaeological data, which will then be compared with that from the southern part of the country in order to enable a reexamination of the Assyrian empire’s policy in the west. (shrink)

An engaging and inspiring set of reflections by one of the master educators of today's Jewish world - full of delightful stories, compelling analysis and generosity of spirit. Read it and your faith in the Jewish future will be renewed. - Rabbi Lord Jonathan Sacks.

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

The class of stable posets is defined and investigated. We give a forcing construction of a universe of set theory which satisfies a weak form of Martin's Axiom and $2^{\aleph_0} > \aleph_1$ and yet some propositions which follow from CH hold in this universe.