Some luck, in a decision of Gauguin's kind, is extrinsic to his project, some intrinsic; both are necessary for success, and hence for actual justification, but only the latter relates to un- justification. If we now broaden the range of cases slightly, ...
The central question in contemporary ethics is whether virtue can replace duty as the primary notion in ethical theory. The subject of intense contemporary debate in ethical theory, virtue ethics is currently enjoying an increase in interest. This is the first book to focus directly on the subject. It provides a clear, systematic introduction to the area and houses under one cover a collection of the central articles published on the debate over the past decade. The essays encompass a wide (...) range ofaspects: the difference between virtue ethics and traditional duty ethics; present arguments for and against virtue ethics; the practical implications of virtue ethics and the Aristotelian and Kantian attitudes to virtue ethics. (shrink)
That an intimate connection exists between the notion of human dignity and the notion of humiliation seems to be a commonplace among philosophers, who tend to assume that humiliation should be explained in terms of (violation of) human dignity. I believe, however, that this assumption leads to an understanding of humiliation that is too "philosophical" and too detached from psychological reality. The purpose of the paper is to modify the above connection and to offer a more "down to earth" account (...) of humiliation that does not depend on metaphysical or axiological questions concerning the unique dignity enjoyed by all human beings qua human beings. The paper argues for a subjective-psychological notion of self-respect in the explication of humiliation, instead of an objective-normative one. To be humiliated means to suffer an actual threat to or fall in one's self-respect. (shrink)
Yitzhak Benbaji and Daniel Statman present a new theory on the ethics of war which shows that wars can be morally justified at both the ad bellum level and the in bello level.
The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)
The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)
Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that Moral Dilemmas tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence (...) of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times , human beings are justified, and even required, to "dirty" their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned. (shrink)
Hypocrites are generally regarded as morally-corrupt, cynical egoists who consciously and deliberately deceive others in order to further their own interests. The purpose of my essay is to present a different view. I argue that hypocrisy typically involves or leads to self-deception and, therefore, that real hypocrites are hard to find. One reason for this merging of hypocrisy into self-deception is that a consistent and conscious deception of society is self-defeating from the point of view of egoistical hypocrites. The best (...) way for them to achieve their ends would be to believe in the deception, thereby not only deceiving others but also themselves. If my thesis is sound, we ought to be more cautious in ascribing hypocrisy to people, and less harsh in our attitude toward hypocrites. (shrink)
According to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result is to (...) adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly. (shrink)
The purpose of this paper is to explore the relation between the right to self-defense against an innocent attacker and the notion of moral luck. It argues that those who accept the existence of such a right rely on the assumption that mere agency makes a significant moral difference – which is precisely the assumption that underlies the view held by believers in moral luck. Those who believe in the right to self-defense against innocent attackers are thus committed to the (...) idea of moral luck much more than they usually acknowledge. The paper also argues that the arguments offered in support of moral luck, in particular the one based on the relation between agency and self-identity, might help to shed light on the rather puzzling above right. (shrink)
In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view to (...) warfare in which no effective social contract is in place. (shrink)
Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just (...) war theory would ever permit, in particular to what Fabre has dubbed ‘subsistence wars’, and it rejects the most fundamental constraint imposed by traditional jus in bello, namely, the prohibition against the deliberate killing of civilians. While both the demanding and the permissive aspects of the book seem troublesome to me, the latter seem more so and most of my paper is devoted to a critical examination of them. In the last part of the paper, I point to a different outlook to the one defended in the book and try to show that this outlook is less foreign to Fabre’s outlook than one might expect. (shrink)
Given the religious appeal of divine command theories of morality (DCM), and given that these theories are found in both Christianity and Islam, we could expect DCM to be represented in Judaism, too. In this essay, however, we show that hardly any echoes of support for this thesis can be found in Jewish texts. We analyze texts that appear to support DCM and show they do not. We then present a number of sources clearly opposed to DCM. Finally, we offer (...) a theory to explain the absence of DCM in Judaism, claiming that the rational character of "Halakha", as well as the moral and rational character of God, does not provide suitable ground for the growth of DCM theses. (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 purpose of this paper is to provide a philosophical defense for targeted killings in the wars against terror. The paper argues that if one accepts the moral legitimacy of the large-scale killing of combatants in conventional wars, one cannot object - on moral grounds - to the targeted killing of terrorists in wars against terror. If one rejects this legitimacy, one must object to all killing in war, targeted and non-targeted alike, and thus not support the view, which is (...) criticized here, that targeted killings are particularly disturbing from a moral point of view. (shrink)
The paper argues for two kinds of limitations on the right to parenthood. First, it claims that the right to parenthood does not entail a right to have as many children as one desires. This conclusion follows from the standard justifications for the right to parenthood, none of which establishes the need to grant special protection to having as many children as one desires. Second, with respect to the right to receive assistance from the state in IVF, it is suggested (...) that the state should also be allowed to take non-medical considerations into account in determining whether or not an applicant is entitled to this service, particularly in cases where the applicant seems to lack mothering ability. (shrink)
One motivation for adopting a justice-based view of the right to self-defense is that it seems to solve the puzzle of how a victim may kill her attacker even when doing so is not predicted to protect her from the threat imposed upon her. The paper shows that this view leads to unacceptable results and that its solution to cases of futile self-defense is unsatisfactory. This failure makes the interest-based theory of self-defense look more attractive, both in the context of (...) futile self-defense and in general. To understand how a victim might use force in this context, one need only point to some interest of hers that is threatened, and the best candidate for such interest in cases of futile self-defense is her honor. (shrink)
Pascal’s wager faces serious criticisms and is generally considered unconvincing. We argue that it can make a comeback powered by an unlikely ally: postmodernism. If one denies the existence of objective facts, then various non-theological considerations should come to the fore when considering the rationality of religious commitment and the choice of education for one’s children. In fact, we shall argue that, if one genuinely cares about one’s children, then – in many Western countries – one cannot consistently be both (...) secular and post-modernist. (shrink)
Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that _Moral Dilemmas_ tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence (...) of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times, human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned. (shrink)
_Religion and Morality_ seeks to answer two fundamental questions regarding the relation between religion and morality. The first is the puzzle posed by Socrates, the so-called '_Euthyphro_ dilemma', which asks: is morality valuable by virtue of its intrinsic importance and worth, or is morality valuable because, and only because, God approves it and commands us to follow its dictates? The second question is raised by Kierkegaard in _Fear and Trembling_. He asks: Is a conflict between religion and morality possible? Does (...) God ever demand that we neglect our moral commitments? The discussion on these questions is divided into three parts. In the first two parts, we discuss the idea that morality depends on religion. The authors distinguish two types of dependence: strong dependence, according to which the very existence, or validity, of moral obligations depends on God's command, and weak dependence, according to which though morality itself is independent of God, God is necessary to enable human beings to know their moral duties and to carry them out. The authors reject the strong dependence thesis, as well as most versions of the weak dependence. The third part of the book discusses different versions of the view that religion might conflict with morality. The authors reject this view, and show that very few religious thinkers would follow it all the way through to its ultimate consequences. The book has implications for the philosophy of religion, in its emphasis on the centrality of the moral element in religion, and for moral philosophy, in its highlighting, among other things, of the nature of moral judgments. (shrink)
State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case (...) study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)
This paper argues that the current discussion on the relationship between morality and halakha tends to confuse philosophical, historical, ideological and jurisprudential issues. It claims that the philosophical question of whether or not morality is dependent on religion should be separated from the historical question of how Jewish thinkers perceived the relationship between divine command and morality and from the question of the actual role played by moral considerations in the history of halakha. Similarly, the jurisprudential question regarding the formalistic (...) nature of the law should be separated from the internal, halakhic question regarding the weight that should be assigned to formalistic, as opposed to substantive, considerations in halakha. The only way to understand the role of moral considerations in halakha as an historical phenomenon is through comprehensive inductive research on the role of moral considerations in halakha together with an investigation into the way experts in halakha viewed this role. (shrink)
Modern orthodoxy often perceives itself and is perceived by others as a movement which grants more importance to moral considerations in its interpretation of halakha and in its general worldview than does the ultra-orthodox movement. Accordingly, modern orthodox rabbis are often referred to as more “moderate” than their ultra-orthodox counterparts, a term which seems to imply that they are more open to moral arguments and more likely to adopt, or to develop, moral interpretations of halakha. A study of some central (...) figures like Walter Wurzburger, Eliezer Berkovits and Joseph B. Soloveitchick, however, indicates that the modern orthodox approach to morality is much more ambivalent. The purpose of this paper is to discuss this ambivalence and to speculate on its source. (shrink)
Jews and Arabs in Israel often agree that there is a reciprocal relation between rights and duties, though they derive opposing conclusions from it. Jews infer that Arabs are not entitled to the same rights and privileges as Jews are, since they do not shoulder an equal share of the duties. Arabs, by contrast, argue that they are under no duty to share the burdens, particularly military or national service, since their rights are not fully respected. The Paper assesses these (...) opposing claims and ends up rejecting both. It argues that the rights to which citizens are entitled do not depend on citizens carrying out all their social or legal duties, while the citizens’ duty to contribute to the welfare of their countries by national service or other means is generally not contingent on the countries’ fulfillment of its duties towards them. The Paper focuses on national service by Israeli Arabs and suggests that that there is nothing wrong in making such service mandatory though there are practical considerations against doing so and that making such service optional is an excellent alternative, one that should be encouraged as much as possible. (shrink)
