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.

Galut is Hebrew for exile. Since the dispersion of the Jews from Palestine, the Jewish people have considered exile to be a basic tenet of their historical existence. The author, an eminent Palestinian historian, introduces students of Judaic history to the outstanding Jewish spokesmen who throughout the centuries have reflected on their people's condition in exile, among them Judah ha-Levi, Maimonides, Isaac Abravanel, Baruch Spinoza and others. First published in Hebrew, this edition is a reprint of the 1947 Schocken Press (...) English translation, with a new Introduction by Jacob Neusner. (shrink)

This article seeks to examine how religious ideas that are not the focus of a particular halakhic question become the crux of the ruling, thereby molding it and dictating its bias. We will attempt to demonstrate this through a study of Jewish medical ethics, based on some of the rulings of one of the greatest halakhic decisors of the previous generation: Rabbi Eliezer Yehuda Waldenberg (1915–2006). Rabbi Waldenberg molds his rulings on the basis of a religious principle asserting that the (...) legitimacy of any medical procedure is qualified and limited. Rabbi Waldenberg rejects certain accepted medical practices, including plastic surgery, in vitro fertilization, and organ transplants. Even if these procedures are regarded by other halakhic decisors as being legitimate, for Rabbi Waldenberg they are ethically and religiously improper, and therefore they are halakhically forbidden. (shrink)

‘Substance’ (substantia, zelfstandigheid) is a key term of Spinoza’s philosophy. Like almost all of Spinoza’s philosophical vocabulary, Spinoza did not invent this term, which has a long history that can be traced back at least to Aristotle. Yet, Spinoza radicalized the traditional notion of substance and made a very powerful use of it by demonstrating – or at least attempting to demonstrate -- that there is only one, unique substance -- God (or Nature) -- and that all other things are (...) merely modes or states of God. Some of Spinoza’s readers understood these claims as committing him to the view that only God truly exists, and while this interpretation is not groundless, we will later see that this enticing and bold reading of Spinoza as an ‘acosmist’ comes at the expense of another audacious claim Spinoza advances, i.e., that God/Nature is absolutely and actually infinite. But before we reach this last conclusion, we have a long way to go. So, let me first provide an overview of our plan. In the first section of this paper we will examine Spinoza’s definitions of ‘substance’ and ‘God’ at the opening of his magnum opus, the Ethics. Following a preliminary clarification of these two terms and their relations to the other key terms defined at the beginning of the Ethics, we will briefly address the Aristotelian and Cartesian background of Spinoza’s discussion of substance. In the second section, we will study the properties of the fundamental binary relations pertaining to Spinoza’s substance: inherence, conception, and causation. The third section will be dedicated to a clarification of Spinoza’s claim that God, the unique substance, is absolutely infinite. This essential feature of Spinoza’s substance has been largely neglected in recent Anglo-American scholarship, a neglect which has brought about an unfortunate tendency to domesticate Spinoza’s metaphysics to more contemporary views. The fourth section will study the nature of Spinoza’s monism. It will discuss and criticize the interesting yet controversial views of the eminent Spinoza scholar, Martial Gueroult, about the plurality of substances in the beginning of the Ethics; address Spinoza’s claim in Letter 50 that, strictly speaking, it is improper to describe God as “one”; and, finally, evaluate Spinoza’s kind of monism against the distinction between existence and priority monism recently introduced into the contemporary philosophical literature. The fifth and final section will explain the nature, reality, and manner of existence of modes. We therefore have an ambitious plan; let’s get down to business. (shrink)

Excerpt from Wissen, Glaube und Ahndung Ich habe an; einem andern Orte, reinhold Fichte und Schelling 1, ]i den; f_unt'e1{s chied des arbeit Ma1en platonisehen'nogrnatisrnugx und deanfleiesigen; Kriticiemus 511159in hier - mu ichbemmv. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the (...) aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This article proposes an analysis of the doctrine of sufficiency. According to my reading, the doctrine's basic positive claim is ‘prioritarian’: benefiting x is of special moral importance where (and only where) x is badly off. Its negative claim is anti-egalitarian: most comparative facts expressed by statements of the type ‘x is worse off than y’ have no moral significance at all. This contradicts the ‘classical’ priority view according to which, although equality per se does not matter, whenever x is (...) worse off than y, at least some priority should be assigned to helping x. Section I elaborates and defends this reconstruction of the doctrine of sufficiency, and section II shows that the privileged utility level presumed within the sufficiency framework exists. (shrink)

Objective: To examine current research payment practices and to inform development of clearer guidelines for researchers and ethics committees.Design: Exploratory email based questionnaire study of current research participant reimbursement practices. A diverse sample of organisations and individuals were targeted.Setting: Australia.Participants: Contacts in 84 key research organisations and select electronic listservers across Australia. A total of 100 completed questionnaires were received with representations from a variety of research areas .Main measurements: Open-ended and fixed alternative questions about type of research agency; type (...) of research; type of population under study; whether payment is standard; amounts and mechanisms of payment; factors taken into account when deciding on payment practices; and whether payment policies exist.Results: Reimbursement practice is highly variable. Where it occurs it is largely monetary and is for time and out-of-pocket expenses. Ethics committees were reported to be often involved in decision making around reimbursement.Conclusions: Research subject payment practices vary in Australia. Researchers who do provide payments to research participants generally do so without written policy and procedures. Ethics committees have an important role in developing guidelines in this area. Specific guidelines are needed considering existing local policies and procedures; payment models and their application in diverse settings; case study examples of types and levels of reimbursement; applied definitions of incentive and inducement; and the rationale for diverse payment practices in different settings. (shrink)

Larry Temkin challenged what seems to be an analytic truth about comparatives: if A is Φ-er than B and B is Φ-er than C, then, A is Φ-er than C. Ruth Chang denies a related claim: if A is Φ-er than B and C is not Φ-er than B, but is Φ to a certain degree, then A is Φ-er than C. In this paper I advance a context-sensitive semantics of gradability according to which the data uncovered by Temkin and (...) Chang leave both statements intact. (shrink)

Many believe that if the indiscriminate bombings of German cities at the beginning of World War II were necessary for preventing unlimited spread of Nazism, then the bombings were justified. For, the outcome, in which innocent Germans living in Nazi Germany are killed, was not as bad as the outcome in which the Nazis inflict ethnic cleansing and enslavement on a massive scale. Recently, however, Daniel Statman has advanced a powerful case against this type of justification. I aim in this (...) paper to develop an enriched version of consequentialism which rescues the "lesser evil elucidation" of the Exemption. (shrink)

ABSTRACT: I shall consider the phenomenon of believing ourselves to have at least one false belief: a phenomenon I call believed fallibility I shall first present a paradoxical argument which appears to show that believed fallibility is incoherent; second, note that this argument assumes that we are committed to the conjunction of all our beliefs; third, sketch a more intuitive notion of commitment in which we are not committed to the conjunction of all our beliefs and argue that the original (...) paradoxical argument is now defused; fourth, construct a new paradoxical argument showing that if we believe that we have at least one false belief we are committed to a contradiction, employing the preferable notion of commitment; and, fifth, suggest that perhaps we might avoid the new paradox by denying that closing our beliefs under conjunction is required by rationalityRÉSUMÉ: Je me pencherai ici sur le phénomène qui consiste à penser que nous avons au moins une opinion fausse: je nomme ce phénoméne «la croyance d’etre faillible». Je présente en premier lieu un argument paradoxal qui semble démontrer que la croyance d’être faillible est incohérente. Deuxièmement, je remarque que cet argument suppose que nous nous obligions à réaliser la conjonction de toutes nosopinions. Troisièmement, je propose une version plus intuitive de cette obligation selon laquelle nous ne sommes pas obligés de réaliser la conjonction de toutes nos opinions, et je soutiens que le paradoxe initial est alors désamorcé. Quatrièmement, je construis un nouvel argument paradoxal démontrant que, si nous croyons que nous avons au moins une opinion fausse, nous sommes obligés de nous contredire, selon la notion d’obligation que je préconise d’adopter. Cinquièmement, je suggère que nous pourrions peut-être éviter ce nouveau paradoxe en niant que la rationalité exige de soumettre nos opinions à la conjonction. (shrink)

Michael Walzer is one of the world’s leading philosophers and political theorists. In addition to his best-known books such as Spheres of Justice , and Just and Unjust Wars , he has contributed to contemporary political debates beyond academia in the New York Times , the New Yorker and Dissent . Reading Walzer is the first book to assess the full range of Walzer’s work. An outstanding team of international contributors consider the following topics in relation to Walzer’s work: the (...) moral standing of nation states individual responsibility and laws governing the conduct of war debates over intervention and non-intervention human and minority rights moral and cultural pluralism equality justice Walzer’s radicalism and role as a critic. All chapters have been specially commissioned for this collection, and Walzer’s responses to his critics makes Reading Walzer essential reading for students of political philosophy and political theory. (shrink)

There can be little doubt that without Spinoza, German Idealism would have been just as impossible as it would have been without Kant. Yet the precise nature of Spinoza's influence on the German Idealists has hardly been studied in detail. This volume of essays by leading scholars sheds light on how the appropriation of Spinoza by Fichte, Schelling and Hegel grew out of the reception of his philosophy by, among others, Lessing, Mendelssohn, Jacobi, Herder, Goethe, Schleiermacher, Maimon and, of course, (...) Kant. The volume thus not only illuminates the history of Spinoza's thought, but also initiates a genuine philosophical dialogue between the ideas of Spinoza and those of the German Idealists. The issues at stake - the value of humanity; the possibility and importance of self-negation; the nature and value of reason and imagination; human freedom; teleology; intuitive knowledge; the nature of God - remain of the highest philosophical importance today. (shrink)

Last year, the Joint Commission on Accreditation of Healthcare Organizations for the first time included provisions in its Hospital Accreditation Manual requiring institutions to have mechanisms in place to consider ethical issues arising in the care of patients and to educate care givers and patients on bioethical issues. This new requirement is notably vague. There is no indication of what type of mechanisms would be appropriate or how those involved in considering ethical issues should conduct themselves. This vagueness is by (...) no means accidental, but it reflects a recognition that clinical bioethics is still in its formative stages and that there are currently almost as many different mechanisms for dealing with bioethical issues in the healthcare setting as there are institutions that have such mechanisms. The Joint Commission's action, however, also implies that the time for experimentation will soon be over. (shrink)

Revisionist just war theorists maintain that, soldiers, and not merely their leaders or superiors, bear moral responsibility for objectively wrongful harms imposed in pursuit of an unjust war. The conviction that underlies revisionism is that a person's responsibility for her intentional, objectively unjustified, killing is non-transferable. In this essay I aim to elaborate a specific counterexample to this general claim. I will argue that in cases that I characterize as "special authority cases", the moral responsibility for the unintended outcomes that (...) a person brings about because of following the orders of a legitimate authority is transferred to the authority. (shrink)

My claim is that despite powerful arguments to the contrary, a coherent moral distinction between the jus in bello code and the jus ad bellum code can be sustained. In particular, I defend the traditional just war doctrine according to which the independence between the in bello and ad bellum codes reflects the moral equality between just and unjust combatants and between just and unjust non-combatants. In order to establish this, I construe an in bello proportionality condition which can be (...) satisfied by just and unjust combatants alike. (shrink)

The Kantian theory of private law, as Ernest Weinrib and Arthur Ripstein have developed it over the last two decades, is based on a fundamental normative truth, viz., no person is subordinate or superior to another person. Kantians construe any attempt to understand and justify the distribution of the rights-claims and rights-liberties that constitute private law in terms of aggregate welfare and/or distributive justice, as a deep category mistake. This essay outlines a ‘semi-Kantian’ theory of private law, which is like (...) Kant’s in that it understands private law as a means of instituting and protecting private freedom. Yet, semi-Kantians insist that the choice between different private law programs, which respect private freedom equally well, can at times be justified by considerations of aggregate welfare and distributive justice, as well as other considerations that concern the impact on society as a whole. (shrink)

The moral right to act in self-defense seems to be unproblematic: you are allowed to kill an aggressor if doing so is necessary for saving your own life. Indeed, it seems that from the moral standpoint, acting in self-defense is doing the right thing. Thanks, however, to works by George Fletcher and Judith Thomson, it is now well known how unstable the moral basis of the right to self-defense is. We are in the dark with regard to one of the (...) most basic problems raised by this right, namely: the problem of the innocent aggressor. The disturbing question is simple enough: Is a potential victim allowed to kill, in self-defense, a morally innocent aggressor? (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 (a) that this view leads to unacceptable results and (b) 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)

The rule I call ‘Civilian Immunity’ – the rule that prohibits targeting civilians in war – is the heart of the accepted jus in bello code. It prohibits targeting civilians in a wide variety of war circumstances. Seth Lazar's brilliant book, Sparing Civilians, attempts to defend Civilian Immunity. In this essay I show, first, that his ‘Risky-Killing based argument’ fails to provide civilians with the robust protection Sparing Civilians promises. I argue, secondly, that the moral framework that Sparing Civilians employs, (...) a moral framework that centralizes the Deontological Clause, leaves the immunity of civilians against Leaders unexplained. (shrink)

Some relativists deny that moral discourse is factual. According to them, our ethical commitments are to be explained by appealing to noncognitive mental states like desires, rather than to beliefs in some independent moral facts. Indeed, the package antirealism (there are no moral properties) & noncognitivism (the source of moral commitments is noncognitive) seems to be implicit in Lewis’s and Harman’s relativism. But to many philosophers this package seems to be unattractive. Our task in this paper is to construe and (...) defend a less committal and hence more attractive version of relativism. Our thesis has two elements. First, we shall present a version of relativism that combines, on the one hand, realism with regard to thick ethical properties, and, on the other, antirealism with regard to thin ethical properties. Secondly, we shall argue that this version of relativism can be defended through the skeptical theory of meaning Kripke attributes to the later Wittgenstein. The paper comprises three parts: the first sketches in very broad lines a version of standard moral relativism. In the second part we construe an alternative version that we call ‘cultural relativism.’ By appealing to the thick-thin distinction, cultural relativists explain what it means to say of forms of life that they are in conflict. In the third part we shall elaborate an argument whose conclusion is that in ranking conflicting ethical outlooks, people make an error, that is, they attribute to these outlooks moral properties that do not exist. (shrink)

With the passage by virtually every state legislature of healthcare proxy laws, the medical profession increasingly can expect to rely on the participation of surrogates in making decisions on behalf of incompetent patients. Several concerns about the legitimacy of proxy decision making have been discussed in the ethical and general medical literature: the lack of concordance between the views of patients and their surrogates have been documented on multiple occasions, and cases of abuse by proxies or potential conflict of interest (...) have been reported. Another dilemma that deserves discussion arises when proxies demand withdrawal of treatment that physicians and nurses regard as essential to the wellbeing of the patient. The following case highlights this dilemma. (shrink)

In 2004, drug user representatives lobbied against the now stalled $17.5m Australian government Retractable Needle and Syringe Technology Initiative due to concerns about inadequate consultation and potential health risks to participants.1 Some drug user organisations have also recently withdrawn support for the Australian Illicit Drug Reporting System , ….

Yitzhak Melamed here offers a new and systematic interpretation of the core of Spinoza's metaphysics. In the first part of the book, he proposes a new reading of the metaphysics of substance in Spinoza: he argues that for Spinoza modes both inhere in and are predicated of God. Using extensive textual evidence, he shows that Spinoza considered modes to be God's propria. He goes on to clarify Spinoza's understanding of infinity, mereological relations, infinite modes, and the flow of finite (...) things from God's essence. In the second part of the book, Melamed relies on this interpretation of the substance-mode relation and the nature of infinite modes and puts forward two interrelated theses about the structure of the attribute of Thought and its overarching role in Spinoza's metaphysics. First, he shows that Spinoza had not one, but two independent doctrines of parallelism. Then, in his final main thesis, Melamed argues that, for Spinoza, ideas have a multifaceted structure that allows one and the same idea to represent the infinitely many modes which are parallel to it in the infinitely many attributes. Thought turns out to be coextensive with the whole of nature. Spinoza cannot embrace an idealist reduction of Extension to Thought because of his commitment to the conceptual separation of the attributes. Yet, within Spinoza's metaphysics, Thought clearly has primacy over the other attributes insofar as it is the only attribute which is as elaborate, as complex, and, in some senses, as powerful as God. (shrink)

his paper is an excerpt from a larger project that aims to open a new pathway into Spinoza's Ethics by formally reconstructing an initial fragment of this text. The semantic backbone of the project is a custom-made Spinozian model theory that lays out some of the formal prerequisites for more ne-grained investigations into Spinoza's fundamental ontology and modal metaphysics. We implement Spinoza's theory of attributes using many-sorted models with a rich system of identity that allows us to clarify the puzzling (...) status of such logical principles as the Substitution of Identicals and Transitivity of Identity in Spinoza's thought. The intensional structure of our Spinozian models also captures his proposal that states of a airs can be necessitated or excluded by the essences of particular things, an essence-relative modality that should be of interest to philosophers who have sought to rehabilitate the concept of essence in contemporary analytic metaphysics. (shrink)

ABSTRACT: I shall consider the phenomenon of believing ourselves to have at least one false belief: a phenomenon I call believed fallibility I shall first present a paradoxical argument which appears to show that believed fallibility is incoherent; second, note that this argument assumes that we are committed to the conjunction of all our beliefs; third, sketch a more intuitive notion of commitment in which we are not committed to the conjunction of all our beliefs and argue that the original (...) paradoxical argument is now defused; fourth, construct a new paradoxical argument showing that if we believe that we have at least one false belief we are committed to a contradiction, employing the preferable notion of commitment; and, fifth, suggest that perhaps we might avoid the new paradox by denying that closing our beliefs under conjunction is required by rationalityRÉSUMÉ: Je me pencherai ici sur le phénomène qui consiste à penser que nous avons au moins une opinion fausse: je nomme ce phénoméne «la croyance d’etre faillible». Je présente en premier lieu un argument paradoxal qui semble démontrer que la croyance d’être faillible est incohérente. Deuxièmement, je remarque que cet argument suppose que nous nous obligions à réaliser la conjonction de toutes nosopinions. Troisièmement, je propose une version plus intuitive de cette obligation selon laquelle nous ne sommes pas obligés de réaliser la conjonction de toutes nos opinions, et je soutiens que le paradoxe initial est alors désamorcé. Quatrièmement, je construis un nouvel argument paradoxal démontrant que, si nous croyons que nous avons au moins une opinion fausse, nous sommes obligés de nous contredire, selon la notion d’obligation que je préconise d’adopter. Cinquièmement, je suggère que nous pourrions peut-être éviter ce nouveau paradoxe en niant que la rationalité exige de soumettre nos opinions à la conjonction. (shrink)

This Article offers a defense of egalitarian Zionism that, unlike Chaim Gans’s argument for this view, does not appeal to the Jewish problem in justifying the Zionist requirement for a state with a dominant Jewish community. The argument extracts from the egalitarian principles that underlie John Rawls’s political liberalism, a conception of global justice according to which members of a scattered nation are entitled to a fair opportunity to establish a new state within which they enjoy the advantage of demographic (...) dominance. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

A striking feature of Cappelen and Lepore's Davidsonian theory of quotation is the range of the overlooked data to which it offers an elegant semantical analysis. Recently, François Recanati argued for a pragmatic account of quotation, on the basis of new data that Cappelen and Lepore overlooked. In this article I expose what seem to me the weak points in Recanati's alternative approach, and show how proponents of the demonstrative theory can account for the data on which Recanati bases his (...) theory. (shrink)

A striking feature of Cappelen and Lepore's Davidsonian theory of quotation is the range of the overlooked data to which it offers an elegant semantical analysis. Recently, François Recanati argued for a pragmatic account of quotation, on the basis of new data that Cappelen and Lepore overlooked. In this article I expose what seem to me the weak points in Recanati's alternative approach, and show how proponents of the demonstrative theory can account for the data on which Recanati bases his (...) theory. (shrink)