Most people have the intuition that, when we can save the lives of either a few people in one group or many people in another group, and all other things are equal, we ought to save the group with the most people. However, several philosophers have argued against this intuition, most famously John Taurek, in his article ‘Should the Numbers Count?’ They argue that there is no moral obligation to save the greater number, and that we are permitted to save (...) either the many or the few. I argue in this article that, even if we are almost completely persuaded by these ‘numbers sceptics’, we ought not to just save the few. If the choice is simply between saving the many or the few, we ought to save the many. (shrink)

There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be grounded in (...) the same normative basis, such that if we endorse one we are already committed to ideas that ground reason to care about the other.My primary target will be claims that aim to undermine retributivism by demonstrating the desirability of welfare-orientation. If both can live together, demonstrating the attractiveness of one goes nowhere toward displacing the other. Further, establishing this claim invites further inquiry into classic questions about the “barbaric,” or “morally repugnant” credentials of retributivism. Confronting these claims will elucidate the consistency of adopting both retributive and welfare-oriented views, which, I suggest, can be jointly adopted and pursued. (shrink)

Leo Strauss and Emmanuel Levinas, two twentieth-century Jewish philosophers and two extremely provocative thinkers whose reputations have grown considerably over the last twenty years, are rarely studied together. This is due to the disparate interests of many of their intellectual heirs. Strauss has influenced political theorists and policy makers on the right while Levinas has been championed in the humanities by different cadres associated with postmodernist thought. In Leo Strauss and Emmanuel Levinas: Philosophy and the Politics of Revelation, Leora (...) Batnitzky brings together these two seemingly incongruous contemporaries, demonstrating that they often had the same philosophical sources and their projects had many formal parallels. While such a comparison is valuable in itself for better understanding each figure, it also raises profound questions in the current debate on the definitions of 'religion', suggesting new ways that religion makes claims on both philosophy and politics. (shrink)

How can any of my actions genuinely be my own? How can they be more than just intentional performances, with whatever investment of my will that involves, but also belong to me in the special way that makes me autonomous in performing them? How, in other words, can any of my actions be my own in such a way that they arise from or manifest my capacities for self-governance? -/- The literature on autonomous agency employs a number of metaphors to (...) characterize the difference between merely intentional action and action that is, in the fullest sense, the agent's own. Harry Frankfurt's metaphors are among the most vivid and compelling. A person who acts autonomously genuinely “participates” in the operation of her will, as opposed to being “estranged” from herself or being “a helpless or passive bystander to the forces that move” her. Agents who act intentionally but without autonomy do not do what they “really want” to do; their effective volitions are “external to” or “outside” them. The pervasive notion in this literature that persons who are autonomous in acting act upon wills that are fully their own or that really belong to them suggests an initial answer to the questions with which the chapter opened. I am autonomous in acting just when I take ownership of my actions, or at least have the unimpeded capability to take ownership of what I do and regularly exercise that capability. (shrink)

This essay examines the Kastner trial and the Eichmann trial as constitutive moments in the development of Israeli collective identity. This aspect of the trials is explored by comparing the intervention of two intellectuals, Nathan Alterman and Hannah Arendt, in the two trials respectively. Both social critics challenged the terms of the collective identity that was reinforced by the trials. During the Kastner trial, the Israeli poet Alterman set out to challenge the "two paths" conception of heroism and cowardice that (...) shaped the court's - and society's - understanding of the Holocaust. The first part of the essay examines Alterman's critical intervention and the public controversy that followed in its wake. In the second part, I examine Arendt's criticism of the Eichmann trial as an attempt to construct Israeli collective identity around opposition to the demonic Nazi In this context, I discuss the famous controversy between Arendt and Gershom Scholem over the terms of her criticism. The two episodes come together in the third part of the essay, where I discuss the surprising continuities and affinities between the controversies. The two controversies offer a fascinating tale about the role of the law in the construction of collective identities and the role of the social critic in the development of a liberal society. (shrink)

One of the main characteristics of this phase of the Israeli-Palestinian conflict is the resort by Palestinian groups to suicidal terror. This paper focuses on the unique nature of suicidal terror, since, I believe, it is this kind of terror that presents the most immanent threat to the foundations of politics and law in the free world. The article begins with a phenomenological exploration of the effect of suicidal terror on politics in Israel, inspired by the work of Hannah Arendt. (...) It presents the various manifestations of the suicidal terror as a new Paradigm of Violence. This new paradigm poses a great threat on politics: as the terrorists waive their effort to stay alive, deterrence becomes useless; the Israeli politics, in response, redraws the boundaries of the collective according to demographic lines; the feelings of helplessness reduces politics to personal tragedies giving up on normative arguments and long term policies. Compassion replaces persuasion. The attempt of an organized army to respond effectively to suicidal terror is ridden by the dilemma of effectiveness-legitimacy, that is, the more the response is effective, the more difficult it becomes to retain the distinction between the actions of the army and the actions of the terrorist. Moreover, during the attempt to bring the actions of the army to the review of the court, the legal system itself is infected by the same dilemma. The article examines the response of the Israeli Supreme Court to several petitions that questioned the legality of the means employed by the IDF in its fight against terror. These cases provide a unique opportunity to examine the way in which terror infiltrates into the very legal system that is called upon to respond to it, mainly by changing the legal language. The question that guides my discussion is what effect terror exerts on politics and law, and can law provide a way to resist the destructive influence of terror on the political system. (shrink)

In a penetrating analysis of student unrest, the Dean for Institute Relations at M.I.T (and former chief of the psychiatric services both there and at Wellesley College) isolates a major cause of campus conflict: the overwhelming, nonproductive mass of unstated academic and social norms that divert the student from creative intellectual effort and from the attempt to define and reach his goals as independently as he is able.

We present an axiomatization of a problem in commonsense reasoning, characterizing the proper procedure for cracking an egg and transferring its contents to a bowl. The axiomatization is mid-sized, larger than toy problems such as the Yale Shooting Problem or the Suitcase Problem, but much smaller than the comprehensive axiomatizations associated with CYC and HPKB. This size of axiomatization permits the development of non-trivial, reusable core theories of commonsense reasoning, acts as a testbed for existing theories of commonsense reasoning, and (...) encourages the discovery of new problems in commonsense reasoning.We present portions of core theories of containment, falling, and pouring, integrated into Shanahan's circumscriptive event calculus, and show how these can serve as the basis of an axiomatization that partly characterizes egg cracking. We discuss several commonsense reasoning problems encountered during this research, such as the Initial Specification Problem (a relative of the frame problem that occurs in theories in which fluents can trigger actions), and the Unobtainable State Problem (the problem of determining whether or not a theorem stating that one cannot get from one state to another is meaningful). (shrink)

Words of Life is the sequel and companion to Phenomenology and the "Theological Turn," edited by Dominique Janicaud, Jean-Francois Courtine, Jean-Louis Chrétien, Michel Henry, Jean-Luc Marion, and Paul Ricoeur. In that volume, Janicaud accuses Levinas, Henry, Marion, and Chrétien of "veering" from phenomenological neutrality to a theologically inflected phenomenology. By contrast, the contributors to this collection interrogate whether phenomenology's proper starting point is agnostic or atheistic. Many hold the view that phenomenology after the theological turn may very well be true (...) both to itself and to the phenomenological "things themselves." In one way or another, all of these essays contend with the limits and expectations of phenomenology. As such, they are all concerned with what counts as "proper" phenomenology and even the very structure of phenomenology. None of them, however, is limited to such questions. Indeed, the rich tapestry that they weave tells us much about human experience. Themes such as faith, hope, love, grace, the gift, the sacraments, the words of Christ, suffering, joy, life, the call, touch, listening, wounding, and humility are woven throughout the various meditations in this volume. The contributors use striking examples to illuminate the structure and limits of phenomenology and, in turn, phenomenology serves to clarify those very examples. Thus practice clarifies theory and theory clarifies practice, resulting in new theological turns and new life for phenomenology. The volume showcases the work of both senior and junior scholars, including Jean-Luc Marion, Jean-Yves Lacoste, Kevin Hart, Anthony J. Steinbock, Jeffrey Bloechl, Jeffrey L. Kosky, Clayton Crockett, Brian Treanor, and Christina Gschwandtner-as well as the editors themselves. (shrink)

When blame is understood to be emotion-based or affective, its emotional tone is standardly identified as one of anger. We argue that this conception of affective blame is overly restrictive. By attending to cases of blame that emerge against a background of a particular kind of hope invested in others, we identify a blaming response characterized not by anger but by sadness: reactive disappointment. We develop an account of reactive disappointment as affective blame, maintaining that while angry blame and disappointed (...) blame are both condemnatory responses, they have distinct evaluative foci and occupy different but complementary roles in our accountability practices. (shrink)

Is Judaism a religion, a culture, a nationality--or a mixture of all of these? In How Judaism Became a Religion, Leora Batnitzky boldly argues that this question more than any other has driven modern Jewish thought since the eighteenth century. This wide-ranging and lucid introduction tells the story of how Judaism came to be defined as a religion in the modern period--and why Jewish thinkers have fought as well as championed this idea. Ever since the Enlightenment, Jewish thinkers have (...) debated whether and how Judaism--largely a religion of practice and public adherence to law--can fit into a modern, Protestant conception of religion as an individual and private matter of belief or faith. Batnitzky makes the novel argument that it is this clash between the modern category of religion and Judaism that is responsible for much of the creative tension in modern Jewish thought. Tracing how the idea of Jewish religion has been defended and resisted from the eighteenth century to today, the book discusses many of the major Jewish thinkers of the past three centuries, including Moses Mendelssohn, Abraham Geiger, Hermann Cohen, Martin Buber, Zvi Yehuda Kook, Theodor Herzl, and Mordecai Kaplan. At the same time, it tells the story of modern orthodoxy, the German-Jewish renaissance, Jewish religion after the Holocaust, the emergence of the Jewish individual, the birth of Jewish nationalism, and Jewish religion in America. More than an introduction, How Judaism Became a Religion presents a compelling new perspective on the history of modern Jewish thought. (shrink)

When Archimedes, while bathing, suddenly hit upon the principle of buoyancy, he ran wildly through the streets of Syracuse, stark naked, crying "eureka!" In The Moment of Proof, Donald Benson attempts to convey to general readers the feeling of eureka--the joy of discovery--that mathematicians feel when they first encounter an elegant proof. This is not an introduction to mathematics so much as an introduction to the pleasures of mathematical thinking. And indeed the delights of this book are many and (...) varied. The book is packed with intriguing conundrums--Loyd's Fifteen Puzzle, the Petersburg Paradox, the Chaos Game, the Monty Hall Problem, the Prisoners' Dilemma--as well as many mathematical curiosities. We learn how to perform the arithmetical proof called "casting out nines" and are introduced to Russian peasant multiplication, a bizarre way to multiply numbers that actually works. The book shows us how to calculate the number of ways a chef can combine ten or fewer spices to flavor his soup (1,024) and how many people we would have to gather in a room to have a 50-50 chance of two having the same birthday (23 people). But most important, Benson takes us step by step through these many mathematical wonders, so that we arrive at the solution much the way a working scientist would--and with much the same feeling of surprise. Every fan of mathematical puzzles will be enthralled by The Moment of Proof. Indeed, anyone interested in mathematics or in scientific discovery in general will want to own this book. (shrink)

Although Franz Rosenzweig is arguably the most important Jewish philosopher of the twentieth century, his thought remains little understood. Here, Leora Batnitzky argues that Rosenzweig's redirection of German-Jewish ethical monotheism anticipates and challenges contemporary trends in religious studies, ethics, philosophy, anthropology, theology, and biblical studies.This text, which captures the hermeneutical movement of Rosenzweig's corpus, is the first to consider the full import of the cultural criticism articulated in his writings on the modern meanings of art, language, ethics, and national (...) identity. In the process, the book solves significant conundrums about Rosenzweig's relation to German idealism, to other major Jewish thinkers, to Jewish political life, and to Christianity, and brings Rosenzweig into conversation with key contemporary thinkers.Drawing on Rosenzweig's view that Judaism's ban on idolatry is the crucial intellectual and spiritual resource available to respond to the social implications of human finitude, Batnitzky interrogates idolatry as a modern possibility. Her analysis speaks not only to the question of Judaism's relationship to modernity, but also to the generic question of the present's relationship to the past--a subject of great importance to anyone contemplating the modern statuses of religious tradition, reason, science, and historical inquiry. By way of Rosenzweig, Batnitzky argues that contemporary philosophers and ethicists must relearn their approaches to religious traditions and texts to address today's central ethical problems. (shrink)

This article analyzes the question of how the size of bribes should impact criminal sanctions. In contrast to the commonly held view that punishment should increase with the size of the bribe, we argue to the contrary: that the punishment of the bribee should decrease with the size of the bribe. Our conclusion is based both on a philosophical argument and an economic argument. We argue that all else being equal, as an agent’s reservation price for selling public interests decreases, (...) the culpability of the agent willing to receive a bribe increases. In addition, from an economic perspective, the expected social harm of an official acting with a low reservation price for bribes is much greater than one acting with a high reservation price: both the susceptibility of being bribed as well as the potential for social harm is much greater when the reservation price is low. (shrink)

In African society today, ubuntu as a notion of African humanism has been, and still is, subject to critical discussion. In African literature, philosophy, ethics, anthropology and theology, ubuntu plays a vast role and scholars in Africa and globally find the notion highly debated. The concept of identity development on the African continent has been written about broadly. This article unpacks the ubuntu philosophies of Augustine Shutte, Kwame Gyekye and John Mbiti. The views of these scholars will be contrasted to (...) critically engage the conceivable commonalities for identity development through cultures. The question addressed herein is: What are the similarities and dissimilarities of ubuntu as a cornerstone for identity development in modern Africa? This article also examines the divergent definition and historical development of ubuntu culture, ubuntu philosophy of identity development, environmental development and various thinkers’ understanding of this African worldview in current Africa and further afield. Contribution: This research contributes to African theological ethics of the new landscape identity and explores the ubuntu worldviews as a developmental process of identities across cultures. Since identity development across cultures is highly dynamic, the hermeneutical interpretation of the principles of ubuntu is crucial. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

Non-human animals are as a matter of routine used as means to human ends. They are killed for food, employed for labour or sport, and experimented on in the pursuit of human health, knowledge, comfort and beauty. Lip-service is paid to the obligation to cause no unnecessary suffering, but human necessity is interpreted so generously that this is a negligible constraint. The dominant traditions of Western thought, religious and secular, have provided legitimation of the low or non-existent moral status of (...) beasts. The rival tradition, which includes the Neo-Platonists, Plutarch and Montaigne, is eccentric and archaic. But the teleologies and hierarchies of orthodoxy are equally incredible now and owe their greater respectability and influence to the inertia of custom. Disregard for beasts is supported partly by the vestigial and unowned belief that they are intended for our use, partly by a more recent piece of lore which is not only thought to be compatible with, but is sometimes held to be integral to, an enlightened scientific outlook, namely that beasts are mere complex stimulus—response mechanisms. The latter is a vexatious obstacle to progress but despite that the state of scientific and philosophical knowledge is now enormously more propitious for a re-appraisal of the moral status of beasts. Two moral philosophers, Peter Singer and Stephen Clark, have recently published books in which such a re-appraisal is attempted. Here I try to compare and assess some of the main features of their very different approaches. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

As bearers of the divine image, all of us are storytellers and artists. However, few people today believe in truth that is not empirically knowable or verifiable, the sort of truth often trafficked through direct forms of communication. Drawing on the works of Soren Kierkegaard, Benson P. Fraser challenges this penchant for direct forms of knowledge by introducing the indirect approach, which he argues conveys more than mere knowledge, but the capability to live out what one takes to be (...) true. Dr. Fraser suggests that stories aimed at the heart are powerful instruments for personal and social change because they are not focused directly on the individual listener; rather, they give the individual room or distance to reconsider old meanings or ways of understanding. Indirect communication fosters human transformation by awaking an individual to attend to images or words that carry deep symbolic force and that modify or replace one's present ways of knowing, and ultimately make one capable of embodying what he or she believes. Through an examination of the indirect approach in Kierkegaard, Jesus, C. S. Lewis, and Flannery O'Connor, Fraser makes a strong case for the recovery of indirect strategies for communicating truth in our time"--Back cover. (shrink)

While the early Platonic dialogues have often been explored and appreciated for their ethical content, this is the first book devoted solely to the epistemology of Plato's early dialogues. Author Hugh H. Benson argues that the characteristic features of these dialogues--Socrates' method of questions and answers, his fascination with definition, his professions of ignorance, and his thesis that virtue is knowledge--are decidedly epistemological. In this thoughtful study, Benson uncovers the model of knowledge that underlies these distinctively Socratic views. (...) What emerges is unfamiliar, yet closer to a contemporary conception of scientific understanding than ordinary knowledge. (shrink)

Recently some arguments against Cartesian-style skepticism have been based on causal theories of content. I hope to show that the relevance of causal theories of content to what we can know is conditional in a more complex way than has been recognized so far.