This volume of essays examines key themes in Jewish philosophy and ethics from the rigorous perspective of philosophical analysis. The first set of essays takes up the challenge of living a Jewish life, and includes essays on pleasure, joy, human suffering, Jewish ritual practice and the philosophical life. The second set of essays analyzes the value and meaning of autonomy, human freedom and tolerance in Jewish thought, crucial themes in western political thought and life. Other essays in the volume examine (...) the many meanings of Jewish texts, and such crucial issues in applied Jewish ethics as ecology, medical ethics, and justified homicide. Finally, a number of essays plumb the depths of one of the most influential and creative Jewish thinkers of the twentieth century, Rabbi Joseph B. Soloveitchik. Taken as a whole, this volume advances the engagement of classical Jewish themes with Anglo-American philosophy, shedding new light both on the Jewish tradition, and on the western philosophical enterprise. (shrink)

During the post-1989 period, various forms of nationalism came back to haunt Eastern and Central Europe. Why are they so virulent and so dangerous in modern times? Since the modernization of the nineteenth century, language has not only been a normal means of communication and a substantial part of human identity but also plays an increasingly important political role: public opinion, media and politics all depend on a common language, which tends to become the language of the state. The process (...) of linguistic homogenization by the state, which had already been completed in Western Europe, failed in this context. Europe will therefore have to come to terms with its linguistic diversity in the future. Is this nothing more than a hindrance? (shrink)

In 1982, Jonsen, Siegler and Winslade published Clinical Ethics, in which they described the “four quadrants” approach, a new method of analysing clinical ethics cases. Although the book is now in its 6th edition, a literature search has revealed only one academic paper demonstrating the method at work. This paper is an attempt to start filling this gap. As a way of describing and testing the approach, I apply the four quadrants method to a detailed clinical ethics case. The analysis (...) is interspersed with reflections on the method itself. It is hoped that this experiment will encourage ethicists and clinicians to devote more attention to this neglected approach. (shrink)

In February 1828 a Royal Commission was appointed to examine the law of Real Property of England and Wales. The Commission sat for four years and examined a vast amount of material, recommended certain changes in the law, and drafted several bills for consideration by parliament. Four massive reports were eventually presented to parliament in May 1829, June 1830, May 1832, and lastly in April 1833. As a result parliament enacted a limited number of piecemeal reforms, but did not attempt (...) a major revision of the law. (shrink)

In the latter part of the fifteenth century, a Jewish translator, working together with a Slavic amanuensis, translated into the East Slavic language of the Grand Duchy of Lithuania three medieval Hebrew translations of Arabic philosophical texts: the Logical Terminology, a short work on logic attributed to Maimonides (but probably by a different medieval Jewish author); and two sections of the Muslim theologian Al-Ghazali's famous Intentions of the Philosophers. Highlighting the unexpected role played by Jewish translators as agents of cultural (...) transmission in the heady messianic atmosphere leading up to the year 1492, these texts drew the attention of the Orthodox Church authorities as being in the possession of the enlightened heretical sect known as the Judaizers, which had emerged in Novgorod and spread to Moscow. Reflecting three and even four layers of translation, Prof. Moshe Taube's new triple-language critical edition of the Logika of the Judaizers displays the Slavic texts alongside the Hebrew translations on which they are based and accompanies them with a modern English translation. In his comprehensive introduction and commentary, Taube surveys earlier scholarly efforts to identify the provenance and purport of the translations, discusses the linguistic and textological issues raised by these early Ruthenian texts, puts forward the likely dissimilar motivations of the Jewish translator and the Christians who commissioned the work, and reveals the translator's probable identity. The present publication, a long-awaited desideratum, will be of interest not only to historians of the Great Duchy of Lithuania and of the principality of Muscovy, but also to scholars of Jewish history and of the history of philosophy and science, as well as to linguists studying the history of the Belorussian, Ukrainian and Russian languages. (shrink)

In 1982, Jonsen, Siegler and Winslade published Clinical Ethics, in which they described the “four quadrants” approach, a new method of analysing clinical ethics cases. Although the book is now in its 6th edition, a literature search has revealed only one academic paper demonstrating the method at work. This paper is an attempt to start filling this gap. As a way of describing and testing the approach, I apply the four quadrants method to a detailed clinical ethics case. The analysis (...) is interspersed with reflections on the method itself. It is hoped that this experiment will encourage ethicists and clinicians to devote more attention to this neglected approach. (shrink)

During the post-1989 period, various forms of nationalism came back to haunt Eastern and Central Europe. Why are they so virulent and so dangerous in modern times? Since the modernization of the nineteenth century, language has not only been a normal means of communication and a substantial part of human identity but also plays an increasingly important political role: public opinion, media and politics all depend on a common language, which tends to become the language of the state. The process (...) of linguistic homogenization by the state, which had already been completed in Western Europe, failed in this context. Europe will therefore have to come to terms with its linguistic diversity in the future. Is this nothing more than a hindrance? (shrink)

The author of this book, Czech philosopher, former dissident, software developer and occasional politician, tries to carry over this experience into his university lectures.

Answers to the questions of what justifies conscientious objection in medicine in general and which specific objections should be respected have proven to be elusive. In this paper, I develop a new framework for conscientious objection in medicine that is based on the idea that conscience can express true moral claims. I draw on one of the historical roots, found in Adam Smith’s impartial spectator account, of the idea that an agent’s conscience can determine the correct moral norms, even if (...) the agent’s society has endorsed different norms. In particular, I argue that when a medical professional is reasoning from the standpoint of an impartial spectator, his or her claims of conscience are true, or at least approximate moral truth to the greatest degree possible for creatures like us, and should thus be respected. In addition to providing a justification for conscientious objection in medicine by appealing to the potential truth of the objection, the account advances the debate regarding the integrity and toleration justifications for conscientious objection, since the standard of the impartial spectator specifies the boundaries of legitimate appeals to moral integrity and toleration. The impartial spectator also provides a standpoint of shared deliberation and public reasons, from which a conscientious objector can make their case in terms that other people who adopt this standpoint can and should accept, thus offering a standard fitting to liberal democracies. (shrink)

Annotation. In this volume, the third in his classic series of texts surveying the history of art theory, Moshe Barasch traces the hidden patterns and interlocking themes in the study of art, from Impressionism to Abstract Art. Barasch details the immense social changes in the creation, presentation, and reception of art which have set the history of art theory on a vertiginous new course: the decreased relevance of workshops and art schools; the replacement of the treatise by the critical (...) review; and the interrelation of new modes of scientific inquiry with artistic theory and praxis. The consequent changes in the ways in which critics as well as artists conceptualized paintings and sculptures were radical, marked by an obsession with intense, immediate sensory experiences, psychological reflection on the effects of art, and a magnetic pull to the exotic and alien, making for the most exciting and fertile period in the history of art criticism. (shrink)

The Mesillas Yesharim / Path of the Just was the masterpiece of Rabbi Moshe Chaim Luzzatto, the great mystic, philosopher, sage, and saint. For centuries, this classic text for better living has been every man's primer for ideal life. Wherever there were Jews there was a well-thumbed Mesillas Yesharim. In this book, Rabbi Twerski applies the text and themes of Mesillas Yesharim to the everyday challenges of the 90s. He shows us how we can succeed in the quest for (...) a better life and in bettering ourselves. (shrink)

Obsessive-Compulsive Disorder and Uncertainty examines the intrapsychic features of the self as it presents within OCD compulsive doubting. Moshe Marcus and Steven Tuber suggest a phenomenological framework through which to consider the interplay between the cognitive as well as affective components required to make judgments.

Is it right for a wife to take sperm from a dying husband in order to create a child posthumously? Daniel Sokol discusses a recent case.

Might viewing a violent horror film damage your moral compass? Daniel Sokol suggests that watching gratuitously violent imagery may be.

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...) the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

SummaryThe writings of the very popular American poet Robert Frost (1874–1963) reveal an unusually specific and detailed knowledge of science. This was particularly evident among the poems of his penultimate volume, Steeple Bush, of 1947. Several of these poems confronted with basic insights issues raised by the period's ‘new physics’. Among those, especially Frost's epigram ‘A Wish to Comply’ wittily confronted an important epistemological difficulty in particle physics. Such science must induce a belief in the fundamental importance of entities invisible (...) to any physical human senses except those aided by complex apparatus used in abstruse experiments. Recondite scientific issues are confronted in other poems published in Steeple Bush such as ‘Skeptic’ (which meditates on the ‘red shift’ evidence for an expanding universe), but these poems are clearly derived from popular theoretical expositions, not practical experience. ‘A Wish to Comply’, on the other hand, clearly records an actual experience of a failed Millikan ‘oil drop’ experiment. This event evidently led to the poet to fake a report of his own observation of an electrically charged oil droplet, for reasons of social pressure. In meditating on these circumstances the epigram opens questions relating to scientific ‘systematic error’, the suppression, ‘trimming’ or ‘cooking’ of experimental data, and a bias toward confirmation of highly respected opinions. Although Frost did not live to know it, two of these questions have been latterly opened in regard to Millikan's own reports of his original oil drop experimental data. (shrink)

Recent influential criticisms attack the reputation of Thomas Harriot by citing the contents of his ethnographic and economic survey, A briefe and true report of the new found land of Virginia, first published in 1588. This interpretation makes Harriot, together with Shakespeare and others, agents of a colonialist project. But profound differences are indicated in the comparison of the relatively unbiased depiction and analysis by Harriot and his artist collaborator John White with the interpretations of America and Americans by some (...) of their contemporaries. A briefe and true report conveys, and John White's drawings support, insight into particular non-European features of the cultural and economic lives of the Algonquian peoples. On the contrary, Captain Arthur Barlowe's Discourse and the illustrations by Theodore de Bry for the 1600 edition of Harriot's book instance romanticizing, stereotyping, and unanalytic condescension very unlike Harriot's and White's. These differences prove the faultiness of the recent assessment. (shrink)

Two problems seem to plague Adam Smith’s account of sympathy and approbation in The Theory of Moral Sentiments (TMS). First, Smith’s account of sympathy at the beginning of TMS appears to be inconsistent with the account of sympathy at the end of TMS. In particular, it seems that Smith did not appreciate the distinction between ‘self-oriented sympathy’ and ‘other-oriented sympathy’, that is, between imagining being oneself in the actor’s situation and imagining being the actor in the actor’s situation. Second, Smith’s (...) account of approbation, according to which a sentiment of approval arises when there is recognition of concordance between the spectator’s sympathetic passion and the actor’s original passion, seems to face the following problem: since the spectator attains both his own sympathetic passion and the actor’s original passion by sympathizing with the actor, the sympathetic passion of the spectator and the original passion of the actor will necessarily be identical. Therefore, Smith’s account of approbation requires that the spectator utilize both self-oriented and other-oriented sympathy (‘the double-sympathy model of approbation’). I offer a novel developmental account of sympathy in TMS that renders Smith’s account of sympathy consistent and allows for the utilization of the double-sympathy model of approbation. (shrink)

My question in the chapter is this: could (and should) the role of the physician be construed as that of a friend to the patient? I begin by briefly discussing the “friendship model” of the physician-patient relationship—according to which physicians and patients could, and perhaps should, be friends—as well as its history and limitations. Given these limitations, I focus on the more one-sided idea that the physician could, and perhaps should, be a friend to the patient (a “physician-qua-friend model” of (...) the physician-patient relationship). I show that given recent developments in our understanding of the physician-patient relationship, this idea is far from asinine. I then make the case that the most plausible conception of the physician-qua-friend model incorporates the following components: (a) a common goal, that is, one that physician and patient share; (b) certain forms of equality between physician and patient; (c) an ideal of a caring physician. Finally, I show how the model can be instantiated in a certain type of physician-patient interaction, namely, in physician-assisted dying. (shrink)

The Humean Theory of Reasons, according to which all of our reasons for action are explained by our desires, has been criticized for not being able to account for “moral reasons,” namely, overriding reasons to act on moral demands regardless of one's desires. My aim in this paper is to utilize ideas from Adam Smith's moral philosophy in order to offer a novel and alternative account of moral reasons that is both desire-based and accommodating of an adequate version of the (...) requirement that moral demands have overriding reason-giving force. In particular, I argue that the standpoint of what Smith calls “the impartial spectator” can both determine what is morally appropriate and inappropriate and provide the basis for normative reasons for action—including reasons to act on moral demands—to nearly all reason-responsive agents and, furthermore, that these reasons have the correct weight. The upshot of the proposed account is that it offers an interesting middle road out of a dilemma pertaining to the explanatory and normative dimensions of reasons for informed-desire Humean theorists. (shrink)

Using a real-life case involving an accidental discovery of misattributed paternity as a springboard for discussion, I reflect on several practical and theoretical issues surrounding truth-telling in the doctor-patient relationship. I present the moral dilemma and identify arguments in favour of and against disclosure. I then examine the theoretical difficulties in balancing conflicting reasons and in establishing what constitutes the 'truth'. I conclude that withholding the information from the patients would be ethically permissible and, more generally, that honesty is not (...) always the best policy. (shrink)

The literature on conscientious objection in medicine presents two key problems that remain unresolved: Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections? How does one respect both medical practitioners’ claims of conscience and patients’ interests, without leaving practitioners complicit in perceived or actual wrongdoing? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing (...) medical professionals’ conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: an “Uber Conscientious Objection in Medicine Committee” —which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population—should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; medical practitioners should advertise their conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners. (shrink)

I build on Adam Smith’s account of the impartial spectator in The Theory of Moral Sentiments in order to offer a modest ideal observer theory of moral judgment that is adequate in the following sense: the account specifies the hypothetical conditions that guarantee the authoritativeness of an agent’s (or agents’) responses in constituting the standard in question, and, if an actual agent or an actual community of agents are not under those conditions, their responses are not authoritative in setting this (...) standard. However, in the account that I provide, the hypothetical conditions can themselves be constructed from the psychology and interactions of actual human beings. In other words, facts about the morally appropriate and inappropriate are determined from hypothetical conditions that––while agents in a given society might have yet to attain them––can be constructed from those agents’ shared experiences. Thus, the account offers both an attainable standard of moral judgment and a standard that can transcend the biases of the society which gave rise to it. I also defend the account against three challenges: (a) ideal observer theories do not offer the right kind of motivation to act on the verdicts of the ideal observer; (b) ideal observer theories cannot explain why the idealization in question is well-motivated and not objectionably ad hoc; (c) the standard used in ideal observer theories cannot be defended upon further reflection, because we would need a non-arbitrary, second-order standard to govern our reflection on the first-order standard of moral judgment. (shrink)

_ Source: _Volume 26, Issue 1, pp 34 - 66 During his final years, R. Nahman of Bratslav endeavored to find a solution for the paradox of unrealized messiahs. His solution was outlined in his dream about birds in December 1806, on the Sabbath of _Parashat Va-yeḥi_. This dream was influenced by his reading of a story told in the _Zohar, Parashat Va-yeḥi_, of a “vision of birds” of R. Yehudah, a disciple of R. Shimon bar Yohai, that exemplifies the (...) crisis experienced by the circle of disciples of R. Shimon following his death. The essay elaborates on the connections between the dream and the _Zohar_ story and their influence on R. Nahman’s messianic endeavor. (shrink)

I offer a novel two-stage reconstruction of Hume’s general-point-of-view account, modeled in part on his qualified-judges account in ‘Of the Standard of Taste.’ In particular, I argue that the general point of view needs to be jointly constructed by spectators who have sympathized with (at least some of) the agents in (at least some of) the actor’s circles of influence. The upshot of the account is two-fold. First, Hume’s later thought developed in such a way that it can rectify the (...) problems inherent in his Treatise account of the general point of view. Second, the proposed account provides the grounds for an adequate and well-motivated modest ideal observer theory of the standard of virtue. (shrink)

In Judaism Straight Up, Moshe Koppel explores the central differences between traditional societies--including traditional Judaism--and contemporary cosmopolitan ones. He explains everything you always wanted to know about the subtleties of Jewish morality, tradition, and belief, and how these have unfolded to beat cosmopolitanism at its own game: advancing cooperation, fairness, and freedom. Written with incisiveness and droll wit--and a scientific sensibility that draws on economics, game theory, and other disciplines--Judaism Straight Up reveals the secret of Jewish traditionalism's endurance."--Page [4] (...) of cover. (shrink)

In The Sources of Normativity, Korsgaard argues for what can be called “The Universality of Humanity Claim” (UHC), according to which valuing humanity in one’s own person entails valuing it in that of others. However, Korsgaard’s reliance on the claim that reasons are essentially public in her attempt to demonstrate the truth of UHC has been repeatedly criticized. I offer a sentimentalist defense, based on Adam Smith’s moral philosophy, of a qualified, albeit adequate, version of UHC. In particular, valuing my (...) humanity, understood as (my awareness of) my perspective and the reasons determined from within it, entails valuing your humanity, understood as (your awareness of) your perspective and the reasons determined from within it. Given Korsgaard’s emphasis on the publicity of reasons in her argument for UHC, I also discuss the role of reasons in my account. I argue that the relative weights of (at least some of) an agent’s reasons are determined from within a shared evaluative point of view, namely, the standpoint of what Smith calls “the impartial spectator.” These reasons have normative authority over and constrain the agent’s private reasons, that is, those that are determined from within her own particular evaluative point of view. (shrink)

edited by Tuija Takala and Matti Häyry, welcomes contributions on the conceptual and theoretical dimensions of bioethics.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1971.

Using the work of Emmanuel Levinas, this article sheds light on Charlie Chaplin's The Circus, a piece that so far eluded the critics, despite its immense popularity with theater viewers. I show that it is not Chaplin's lack of inventiveness that makes the Tramp risk his life on the tightrope 'for nothing'. It is, on the contrary, Chaplin's intuitive sense that makes him believe, anticipating Levinas, that it is human and simple for a person to help another for no benefit. (...) It is this point that cinema-goers understood more easily than we, scholars, may think. Starting with The Circus I demonstrate that this film, which critics have underestimated due to its 'pointless' ending, becomes meaningful once interpreted as promoting radical for-the-other ethics. My argument about The Circus is supported by close reading as well as Chaplin's own remarks and his later talkie Limelight in which similar ideas are expressed more openly through language and through the ending scene, with the protagonist dying on stage, to the sounds of roaring laughter of the audience. (shrink)

Although in fundamental agreement with Carpendale & Lewis 's position, we discuss a potential source of confusion regarding the socially constituted nature of mental states. Drawing from recent work by Kusch, we argue, more specifically, that mental states are instances of “artificial kinds,” and so, stand between the more common classificatory extremes of “the natural” and “the social.”.

We believe that “caching” a baby would have been too great a danger in human prehistory, and thus could not serve as the context for prelinguistic vocalization. Rather, infants were most likely carried at all times. Thus, the question arises of why the cry of an infant is such a loud vocalization.

Is a suitable basis for making moral decisions?