The foundations of law. The digest title, De diversis regulis iuris antiqui, and the general principles of law, by P. Stein. Equity in Chinese customary law, by W. Y. Tsao. Prolegomena to the theory and history of Jewish law, by H. Cohn. Juridical evolution and equity, by J.P. Brutau. Reflections on the sources of the law, by P. Lepaulle. The true nature and province of jurisprudence from the viewpoint of Indian philosophy, by M.J. Sethna. On the functions and aims (...) of the state, by G. Del Veccchio.--Concepts of jurisprudence. Legal language and reality, by K. Olivecrona. The logic of the reasonable as differentiated from the logic of the rational (human reason in the making and the interpretation of the law) by L. Recaséns-Siches. Some refections on status and freedom, by W.G. Friedmann. Law and power and their correlation, by M. Reale. The notion of canonical auctoritas with respect to statute, custom and usage, by B.F. Brown. Two theories of "the institution," by J. Stone. (shrink)

This paper examines the deontic logic of the Talmud. We shall find, by looking at examples, that at first approximation we need deontic logic with several connectives: O T A Talmudic obligation F T A Talmudic prohibition F D A Standard deontic prohibition O D A Standard deontic obligation. In classical logic one would have expected that deontic obligation O D is definable by $O_DA \equiv F_D\neg A$ and that O T and F T are connected by $O_TA \equiv F_T\neg (...) A$ This is not the case in the Talmud for the T (Talmudic) operators, though it does hold for the D operators. We must change our underlying logic. We have to regard {O T , F T } and {O D , F D } as two sets of operators, where O T and F T are independent of one another and where we have some connections between the two sets. We shall list the types of obligation patterns appearing in the Talmud and develop an intuitionistic deontic logic to accommodate them. We shall compare Talmudic deontic logic with modern deontic logic. (shrink)

We consider conditionals of the form A ⇒ B where A depends on the future and B on the present and past. We examine models for such conditional arising in Talmudic legal cases. We call such conditionals contrary to time conditionals.Three main aspects will be investigated: Inverse causality from future to past, where a future condition can influence a legal event in the past (this is a man made causality).Comparison with similar features in modern law.New types of temporal logics arising (...) from modelling the Talmudic examples. We shall see that we need a new temporal logic,which we call Talmudic temporal logic with linear open advancing future and parallel changing past, based on two parameters for time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.4 (2002) 619-637 [Access article in PDF] Maimonides and the Rise and Fall of the Sabians:Explaining Mosaic Laws and the Limits of Scholarship Jonathan Elukin The Koran mentions the Sabi'un three times (II 6-2, V 69, XXII 17). "Believers, Jews, Christians, and Sabi'un—whoever believes in Allah and the Last Day and does what is right—shall be rewarded by their Lord; they have nothing (...) to fear or to regret." This language is repeated in the second citation. The third appearance is slightly different: "As for true believers, the Jews, the Sabi'un, the Christians, the Magians, and the pagans, Allah will judge them on the Day of Resurrection. He bears witness to all things." 1 Early Islamic commentators often disagreed on the identity of the Sabi'un, and the confusion continued throughout the medieval Islamic period. 2 The term Sabi'un was applied by some early Koranic commentators to the survivors of an ancient Jewish-Christian sect, the Elchasites in southern Iraq. 3 One minority group of ethnic Arab "pagans" with a hellenized elite in Harran, in Arabia, also took the Koranic name Sabian in the third/ninth century to claim the status of a "people of the book" and therefore avoid persecution. It is this group that some later Muslims identified as Sabi'. 4 The scholarly consensus now suggests that [End Page 619] the term Sabian refers to some kind of Gnostic identity that can encompass "the disciples of Judeo-Christian baptizing sects... and, on the other, Harranian astrolators, the last representatives of decadent Greco-Roman paganism." 5The mysterious Sabians would play a key role in attempts by early modern European scholars to understand the origins of the Mosaic legislation. It was through Maimonides, the great twelfth-century Jewish scholar, that the Sabians were transmitted to Christian scholars. By the seventeenth century, the Sabians of Maimonides's Guide for the Perplexed had become a fixture in how scholars understood or at least debated the history of the origins of Mosaic law. Increasingly perceived as a diffuse paganism rather than a specific ethnic identity or subsumed by the more tangible reality of Egypt, Sabianism drifted to the margins of scholarship by the end of the Enlightenment. During the nineteenth century the Sabians became superfluous to scholarly efforts to understand the origins of Israelite monotheism. This study is an attempt to understand the growth of the enthusiasm for the Sabians by early modern scholars and then its precipitous decline. In a large degree it was the nature of the evidence itself regarding the Sabians that shaped and ultimately undermined the survival of the Sabians in European thinking. Still, both Christian and Jewish scholars well into the twentieth century lived with the ghosts of the Sabians as they sought to explain otherwise mysterious Mosaic commandments.In the Guide Maimonides argued that the sacrificial system legislated by Moses was an example of God's mercy. It would have been impossible for the Israelites to abandon suddenly the style of idolatrous worship learned in Egypt, and so Moses crafted the sacrificial system gradually to replace false gods with the true God. Maimonides still needed to explain the particular details and reasons for the sacrifices and the other ritual laws. 6 To that end he claimed to have read various texts, particularly the so-called Nabataen Agriculture, which purported to describe Abraham's education among and flight from the Sabians as well as a summary of the practices of the Sabians. 7 (The Sabians had made one brief appearance before Maimonides's discussion in the Guide; the tenth-century Karaite Jew, Qirqisani, declared in his Kitab al anwar, "the modern Christian philosophers assert that the laws of the Torah were given to the Children of Israel only because of God's wrath; and that they [Israel] have chosen these laws for themselves only on account of their resemblance to the laws of the Sabians, which was due to the fact that they became... (shrink)

On the Life of Abraham displays Philo's philosophical, exegetical, and literary genius at its best. Philo begins by introducing the biblical figures Enos, Enoch, Noah, Abraham, Isaac, and Jacob as unwritten laws. Then, interweaving literal, ethical, and allegorical interpretations, Philo presents the life and achievements of Abraham, founder of the Jewish nation, in the form of a Greco-Roman bios, or biography. Ellen Birnbaum and John Dillon explain why and how this work is important within the context (...) of Philo's own oeuvre, early Jewish and Christian exegesis, and ancient philosophy. They also offer a new English translation and detailed analyses, in which they elucidate the meaning of Philo's thought, including his perplexing notion that Israel's ancestors were laws in themselves. (shrink)

The author is one of the greatest contemporary authorities on Classical Jewish philosophy. He applies his vast scholarship to probe into the inter-relationship between medieval Jewish philosophy and the cabala. The profound and daring speculation of the theosophists of the early cabala did not fail to provoke a violent reaction on the part of Jewish scholasticism, and the two long studies in the present volume try to analyze two cases of such antagonistic relationships. The first of the (...) studies is a comparison of the philosophico-theological treatise of Samuel Judah Ibn Tibbon, "The Reconciliation of Philosophy and the Religious Law," with a treatise on the Spanish cabalist Jacob ben Seset. While in this study we see the confrontation of the spirit of Averroes with the cabalistic inspiration, the second essay is devoted to a treatise from the fourteenth century, written by Joseph ben Abraham Ibn Waquar, in which philosophical and cabalistic elements are intimately interwoven in one and the same work. To the two major studies are added ten highly interesting short treatises on cabalistic notions and texts, making the present books together with the writings of Gershon Scholem the most important monument to cabalistic scholarship available in a Western language.—M. J. V. (shrink)

Joseph Sheban attempts to prove that there is neither an Aryan nor a Semitic race, but rather one white race. He tells us that, according to the Bible, Abraham told his servant "Thou shalt go to my country and to my kindred, and take a wife unto my son Isaac." The servant went to Nahor in Mesopotamia. Now archaeologists have not found Nahor but they have found Ur, the inhabitants of which were Aryan Sumerians. Sheban concludes, "Therefore Abraham (...) must have been of the same race of his city. If the inhabitants of Ur were Aryans, Abraham must have been an Aryan boy." The Jewish people are not distinct as belonging to a Semitic race but only as a religious group, a group which includes diverse members of the single white race. Sheban first discusses the origin of the white race; it was located in the mountains east of the Mediterranean. This single race was a mixture of people with differing physical characteristics, with blond hair, black hair, brown eyes, blue eyes, etc. They had a religion, gods and a code of laws, much of which we still use. Sheban traces the migration of the white race by considering the movement of their gods. Sheban also argues that the Phoenicians are the original discoverers of America, that the Phoenicians did business with Solomon, which enabled Solomon to acquire the silver from America that made him one of the richest men of his age, that Columbus set out to rediscover America, not to go to India. In the opinion on this reviewer, the arguments in support of these points are unconvincing.—E. M. (shrink)

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern responsa, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law.

In this study, we examined the learning of new grapheme-phoneme correspondences in individuals with and without dyslexia. Additionally, we investigated the relation between grapheme-phoneme learning and measures of phonological awareness, orthographic knowledge and rapid automatized naming, with a focus on the unique joint variance of grapheme-phoneme learning to word and non-word reading achievement. Training of grapheme-phoneme associations consisted of a 20-min training program in which eight novel letters (Hebrew) needed to be paired with speech sounds taken from the participant's native (...) language (Dutch). Eighty-four third grade students, of whom 20 were diagnosed with dyslexia, participated in the training and testing. Our results indicate a reduced ability of dyslexic readers in applying newly learned grapheme-phoneme correspondences while reading words which consist of these novel letters. However, we did not observe a significant independent contribution of grapheme-phoneme learning to reading outcomes. Alternatively, results from the regression analysis indicate that failure to read may be due to differences in phonological and/or orthographic knowledge but not to differences in the grapheme-phoneme-conversion process itself. (shrink)

For some years now, an opposition has been drawn, not only among Israeli academics but among politicians and journalists as well, between Jewish nationalist or Zionist thought and the kind of thinking that is called “postmodern.” The argument is that a Zionist cannot be a postmodernist and vice versa, the two being incompatible. It appears that this opposition originated with an identification made between “post-Zionist” historical revisionism (of the kind associated with Ilan Pappe, Benny Morris, Avi Shlaim, Simha Flapan, (...) and Tom Segev) and postmodernist methods, assumptions, and claims. In some cases, the identification was made by the “new historians” themselves. While there is considerable bad blood between post-Zionist scholars and those, inside and outside the academy, who defend one or another version of the Zionist narrative, it needs to be demonstrated that postmodernism has nothing to do with their adversarial relations. The effort of this article is to show that, even before postmodernism was heard of, nationalist thinkers such as Rabbi A. I. H. Kook (1865 – 1935), Rabbi M. A. Amiel (1883 – 1946), Rabbi Abraham Hazan (1920 – 2003), and Professor André Neher (1914 – 1988) mounted Zionist arguments of a sort that we now regard as poststructuralist or postmodern. (shrink)

Would the Jewish tradition agree with Søren Kierkegaard's claim that the biblical episode of Abraham's near-sacrifice of Isaac represents a fearful "teleological suspension of the ethical"? After surveying a variety of classical Jewish sources, the author concludes that Kierkegaard's interpretation has almost no resonance within the Jewish tradition. Rather than involving a suspension of the ethical, this episode is viewed by Jewish writers as involving a moment of supreme moral responsibility on the part of both (...) God and man. This treatment of the biblical episode points up a central fact about the Jewish tradition: although Judaism is unquestionably an ethical tradition based on the divine command, it is also a tradition of human autonomy and reason. If Jews have regarded God's commands as absolute, they have also found it unthinkable that these commands should ultimately defy our human sense of right and wrong. (shrink)

Physical activity and sedentary behaviour have been linked to the mental health of children and adolescents, yet the timing of behaviours may play a role in this relationship and clarifying this could inform interventions. We explored cross-sectional associations of PA and SED in varying time segments throughout the school day with the mental health of school-aged children and adolescents from rural Northeastern Ontario, Canada. A total of 161 students wore accelerometers for 8 days and completed a self-report survey. Mental health (...) was measured using the Strengths and Difficulties Questionnaire. Accelerometer-measured SED, light PA, and moderate and vigorous PA were estimated in the time-segments before school, school time, after school, and evenings. Associations were tested with multilevel linear regressions while adjusting for confounding factors. Students spent 72.6 min in MVPA, 209.0 min in LPA, and 621.0 min in SED per day. Daily SED was associated with less conduct problems. Evening LPA was inversely associated with hyperactivity, while SED was associated with hyperactivity and with peer problems before school, and during school. No associations were observed for MVPA, emotional symptoms, or prosocial behaviour. In conclusion, displacing SED with LPA in some specific periods of the day may benefit the mental health of students; taking this into account could strengthen interventions. (shrink)

Ancient Jewish law took a strict approach to medical relationships between Jews and non-Jews. Sages forbade Jews to provide non-Jews with medical services: to treat them, circumcise them, or deliver their babies, in order to refrain from helping pagan-idolatrous society. Such law created particularly severe social conflicts in cases of mixed societies based on joint systems. The current paper focuses on the attitude of Moses ben Maimon, a medieval Sephardic Jewish Rabbi towards providing medical service to gentiles. Following (...) the classical rabbis R. Moshe ben Maimon in his halakhic tome Mishne Torah, objected to treating non-Jews. His rigid attitude found expression in several aspects of helping and giving medical treatment to non-Jews. Despite the classical rabbinical restrictions on medical relationships between Jews and non-Jews, and his own rigid halakhic verdicts, Maimonides treated gentiles. According to one understanding, Maimonides cured Muslims for a wage, which is permitted. However, it seems that the main factor that may have facilitated Maimonides halakhic position is the identification of Islam as a non-idolatrous faith. Interestingly not only on medical issues did the Maimonides act differently than his halakhic rulings in Mishne Torah, rather in other areas as well. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

The ancient Jewish law took a strict approach to medical relationships between Jews and non-Jews. The current study deals with the attitude of Amatus Lusitanus (1511–1568), a notable Portuguese Jewish physician towards treating gentiles. The Physician’s Oath of Lusitanus emphasises that as a doctor he treated people from varied faiths and socio-economic status. Lusitanus treated many non-Jews. For instance, he received an invitation from the municipality of Ragusa to serve as the town physician and he accepted this mission. (...) In Anconare, he was called upon to treat Jacoba del Monte, sister of Pope Julius III, and he also prescribed for Julius himself. Amatus Lusitanus was forced to leave his country because of the Portuguese inquisition and wandered in many countries. Despite the hostile religious attitude of his close surroundings, he did not retaliate against his patients and provided medical treatment indiscriminately. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

This book outlines the broad spectrum of answers to important questions presented in Jewish literature, covering theological issues bearing on the meaning of the Torah and of revelation, as well as hermeneutical questions regarding understanding of the halakhic text.

Rabbi Abraham J. Twerski, M. D. is the master of showing how mundane events and activities can be saturated with meaning and even holiness. In this era when all sorts of people are searching for spirituality, Rabbi Dr. Twerski shows us how every area of life marriage, job, social life, and dozens more can have a soul and higher purpose. And he gives wise and practical advice on how to do it. The unique Twerski blend of winning story and (...) incisive insight suffuses the entire book. This is a valuable and irresistible volume for everyone! A Shaar Press Publication. (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...) the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

The article defects priority idiological and centenary positions of the Ukrainian society in the 19th century. The acceptance of consciousness and self-relevant is characterized by a comprehensive analysis. The aim and the tasks: вy working out ethical and philosophical literature, to justify the establishment of dignity of personality in the conditions of domestic cultural and socio-political selfdetermination of the late twentieth century.Research methods are the main methods of research are historical, structuralfunctional, systemic and comparative. To solve specific research tasks also (...) used the principles of systemicity, objectivity, ascension from abstract to concrete, etcEmphades of a new state in ethical and phylosophic keys, analyzes the values of Ukrainians, slogans, native ideas are analyzed. Research results: Scientifically illustrated embodies of the national self-release of the Ukrainian society: Selfrelease of the Naziological State Ukraine: Sovereignty of Ukraine (1985-1991 gg.); Nassional State Formation of Ukraine in the conditions of socio-purity and socioeconomic neoperedelenost (1992-1996 gg.); Creation of oligarchata as a diverse manifestation of a democratic regime in Ukraine (1996-2004 gg.); Polarization of the Farility (2005-2014 gg.); Thick ethape, which is purely formally defined as "post-revolutionary". The author exemplary aspects of the social realities of the reorganization, and the presentation of honor and dignity of the license. Discussion. It is condemned that for the self-release of the national state, the slide of restructuring of steel, the significant income from the public discourse of the topics of repressions, reversed to the families of the species of culture, science, public expressions, popularization of the creativity of the dyspasses and diaspree Figur. Conclusion. In such a way, the protest in the second half of the 1980s is Pastepeno Gladenna, which has received the introduction of privacy in its own participants.Many were re-enriched, rising from the laurel of the prison establishment, the inside of the country, and in the finishing of the bobs for Naziovnoye venereal, the rule of law and market economy. The dignity of a person on the day of restructuring, in the whole, was disturbed from the ancestors of the historical objects of the maintenance of the specialty – Ego Simbiosis with such categories, as freedom, will be, independence. (shrink)

After revelations of participation by psychiatrists and psychologists in interrogation of prisoners at Guantánamo Bay and Central Intelligence Agency secret detention centers, the American Psychiatric Association and the American Psychological Association adopted Position Statements absolutely prohibiting their members from participating in torture under any and all circumstances, and, to a limited degree, forbidding involvement in interrogations. Some interrogations utilize very aggressive techniques determined to be torture by many nations and organizations throughout the world. This paper explains why psychiatrists (...) and psychologists involved in coercive interrogations violate the Geneva Conventions and the laws of the United States. Whether done with ignorance of professional ethical obligations or not, these psychiatrists and psychologists have crossed an ethical barrier that may best be averted from re-occurring by teaching medical students and residents in all medical specialties about the ethics principles stemming from the 1946–1947 Nuremberg trials and the Geneva Conventions, together with the Ethics Codes of the World Medical Association and the American Medical Association; and, with regard to psychiatric residents and psychological trainees, by the teaching about The Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry and the Ethical Principles of Psychologists and Code of Conduct, respectively. In this way, all physicians and psychologists will clearly understand that they have an absolute moral obligation to "First, do no harm" to the human beings they professionally encounter. (shrink)

A new form of the Hyperbolic Pythagorean Theorem, which has a striking intuitive appeal and offers a strong contrast to its standard form, is presented. It expresses the square of the hyperbolic length of the hypotenuse of a hyperbolic right-angled triangle as the “Einstein sum” of the squares of the hyperbolic lengths of the other two sides, Fig. 1, thus completing the long path from Pythagoras to Einstein. Following the pioneering work of Varičak it is well known that relativistic velocities (...) are governed by hyperbolic geometry in the same way that prerelativistic velocities are governed by Euclidean geometry. Unlike prerelativistic velocity composition, given by the ordinary vector addition, the composition of relativistic velocities, given by the Einstein addition, is neither commutative nor associative due to the presence of Thomas precession. Following the discovery of the mathematical regularity that Thomas precession stores, it is now possible to extend Thomas precession by abstraction, (i) allowing hyperbolic geometry to be studied by means of analogies that it shares with Euclidean geometry; and, similarly (ii) allowing velocities and accelerations in relativistic mechanics to be studied by means of analogies that they share with velocities and accelerations in classical mechanics. The abstract Thomas precession, called the Thomas gyration, gives rise to gyrovector space theory in which the prefix gyro is used extensively in terms like gyrogroups and gyrovector spaces, gyroassociative and gyrocommutative laws, gyroautomorphisms, gyrotranslations, etc. We demonstrate the superiority of our gyrovector space formalism in capturing analogies by deriving the Hyperbolic Pythagorean Theorem in a form fully analogous to its Euclidean counterpart, thus contrasting it with the standard form in which the Hyperbolic Pythagorean Theorem is known in the literature. The hyperbolic metric, which supports the Hyperbolic Pythagorean Theorem, has a dual metric. We show that the dual metric does not support a Pythagorean theorem but, instead, it supports the π-Theorem according to which the sum of the three dual angles of a hyperbolic triangle is π. (shrink)

One of the most enduring contributions of the Middle Ages to the history of Western intolerance is the myth that Jews practice the ritual murder of Christian children. From the twelfth century to the twentieth and from eastern Europe to North America Christians have accused Jews of conducting sanguinary rituals. These have included charges of sacrificing Christian children and collecting their blood for ritual purposes, as well as the commonly associated accusation of desecrating the body of Christ in the form (...) of the host sanctified in the mass. Not surprisingly the recent flowering of scholarly interest in the history of anti-Semitism and Christian-Jewish relations has yielded numerous studies of these charges in both medieval and modern times. (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial harm; (...) (5) the avoidance of fraud and misrepresentation in sales transactions; and (6)the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for "Torah-obedient" Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (shrink)

Usury is a concept often associated more with religiously based financial ethics, whether Christian or Islamic, than with the secular world of contemporary finance. The problem is compounded by a tendency to interpret riba, prohibited within Islam, as both usury and interest, without adequately distinguishing these concepts. This paper argues that in Christian tradition usury has always evoked the notion of money demanded in excess of what is owed on a loan, disrupting a relationship of equality between people, whereas interest (...) was seen as referring to just compensation to the lender. Although it is often claimed that hostility towards ‘usury’ has been in retreat in the West since the protestant Reformation, we would argue that the crucial break came not with Calvin, but with Jeremy Bentham, whose critique of the arguments of Adam Smith, upholding the reasonableness of the laws against usury, led to the abolition of the usury laws in England in 1854. There has to be a role for law, whether Islamic or secular, in regulating financial relationships. We argue that by retrieving the necessary distinction between demanding usury as illegitimate predatory lending and interest as legitimate compensation, we can discover common ground behind the driving principles of financial ethics within both Islamic and Christian tradition that may still be of relevance today. By re-examining past ethical discussions of the distinction between usury and just compensation, we argue that the world’s religious traditions can make significant contributions to contemporary debate. (shrink)

After centuries of military powerlessness, Jews in the twentieth century began to ask themselves fundamental questions of military ethics. Wars -- including current conflicts in Israel -- are inherently brutal. How, then, should Jews respond to Arab terror attacks before they had an army to protect them? What does Judaism say about the bombing of Dresden, the Warsaw Ghetto uprising, or rebelling against British control of the land of Israel? Is "land for peace" a moral option? What about preemptive attacks (...) in 1967 or after 9/11? Can we fight terrorists in urban settings while protecting our soldiers, avoiding non-combatants, and preserving our public image? Ethics of our Fighters tells the story of these political dilemmas and moral debates. It draws from the pivotal historical moments of the last one hundred years to weave together the most important ideas of contemporary ethicists with the insights of the greatest rabbinic scholars. This book systematically presents, for the first time, a holistically Jewish perspective on military ethics. (shrink)