This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience (...) of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

Obedience and the law of life in Sirach -- God's gracious acts of deliverance in the Hodayot -- Sin, the Spirit, and human obedience in Romans 7-8.

Gillian Rose was an influential though idiosyncratic British philosopher whose work helped introduce the Frankfurt School's critical theory and renew interest in Hegel, Kierkegaard, and Jewish thought in Anglo‐American philosophy. After years of relative oblivion, her life and thought have recently received new attention in philosophy, sociology, and theology. However, her work's critical Hegelian contribution to feminist philosophy still remains unexplored. This article seeks to reassess the place and the meaning of feminism and gender identity in Rose's work by (...) addressing both her philosophical writings and her personal memoir, written in the months preceding her untimely death. It argues that although Rose's overall work was not developed in a feminist context, her philosophy, and in particular her ethical‐political notion of diremption, is valuable for developing a critical feminist philosophy that overcomes the binaries of law and morality, inclusion and exclusion, power and powerlessness—and focuses on the meaning of love as negotiating, rather than mediating, these oppositions. (shrink)

In recent years, scholars of Jewish politics have invested political hopes in the revival of “political imagination.” If only we could recapture some of the imaginativeness that early Zionists displayed when wrestling with questions of regime design, it is argued, we might be able to advance more compelling “solutions” to the Israeli-Palestinian conflict. Yet how does one cultivate political imagination? Curiously, scholars who rehearse the catalogue of regimes that Jews have historically entertained seldom pose this question. In this Article, (...) I revisit a historical episode—the appropriation of diasporic historical narratives by Zionists in mandatory Palestine—in an effort to cultivate a richer political imaginary. I analyze the labor Zionist deployment of Simon Dubnow’s influential master narrative, focusing on a 1926 speech in which David Ben Gurion depicts the autonomist regime that he advocates as a variation upon diasporic political practices. On my reading, this episode illustrates the dilemmas that confront thinkers who invest political hopes in regime design. To realize the promise that new political configurations may emerge from reflections upon Jewish history, I argue, we must develop a new account of political agency, once foundational assumptions of the nation-state have been suspended. (shrink)

This eighteenth volume of the acclaimed Handbook of Philosophical Logic includes many contributors who are among the most famous leading figures of applied philosophical logic of our time. Coverage includes deontic logic, practical reasoning, homogeneous and heterogeneous logical proportion, and talmudic logic. Overall, it will appeal to students, practitioners, and researchers looking for an authoritative resource in these areas. The contributors first explore models in terms of dynamic logics for information-driven agency. The paradigm they use is dynamic-epistemic logics for (...) knowledge and belief and their current extensions to the statics and dynamics of agents’ preferences. Next, in the presentation of preference based agency, coverage examines a large number of themes, including interactive social agents and scenarios with long term patterns emerging over time. From here, the book moves on to offer an introduction to homogeneous and heterogeneous logical proportions. Readers will also learn more about the general challenge that the problem of formalizing practical reasoning presents to logical theory. The contributors survey the existing resources that might contribute to the development of such a formalization. They conclude that, while a robust, adequate logic of practical reasoning is not yet in place, the materials for developing such a logic are now available. The last chapter explores topics that deal with the logic of Jewish law and the logic of the Talmud. This includes obligations and prohibitions in Talmudic deontic logic, the handling of loops in Talmudic logic, Temporal Talmudic logic, and quantum states and disjunctive attacks in Talmudic logic. The Talmudic logic system presented are also exported to general logic and to Artificial Intelligence. (shrink)

In a weak economy, both managers and scholars may seek an ethical framework to guide decisions about layoffs and downsizing. Agency and stakeholder theories offer limited practical guidance about ethical norms. This paper looks to the Talmud, an ancient compilation of law, legend, and critical analysis for insights into the modern employment relationship. In its method of analysis and in its specific discussion of the treatment of employees, the Talmud provides an approach and a framework for assessing the ethical (...) standing of particular layoff decisions. The article introduces readers to elements of Talmudic analysis and then applies that framework to particular kinds of corporate downsizing decisions. (shrink)

The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering within its diverse (...) religious communities. All this provides a rich backdrop for various strategies by communal and institutional elites seeking to consolidate power, legitimacy, and authenticity in their often mutually-reliant jurisdictional projects. The article explores several salient episodes from Israel’s religious jurisdiction dynamics, focusing for purposes of analytical clarity on the case of Jewish orthodox legality. The analysis uncovers the main strategies stakeholders resort to, and shows how agency flows in different ways, with the choices of each player affecting the possibilities of the others. The institution at the arguable top of the system—the Supreme Court—is shown to be often devoid of effective means of elucidating, let along imposing, a coherent vision for a fragmented jurisdictional field. Conceptually, the judicial forum is revealed as the locus of an ongoing, uneasy engagement among normative imaginaries in a sometimes-competitive, sometimes-collaborative negotiation over coherence, tolerance, authority, and legitimacy. (shrink)

Emile Meyerson's writings on the philosophy of science are a rich source of ideas and information concerning many philosophical and historical aspects of the development of modem science. Meyerson's works are not widely read or cited today by philosophers or even philosophers of science, in part because they have long been out of print and are often not available even in research libraries. There are additional chevaux de!rise for all but the hardiest scholars: Meyerson's books are written in French (and (...) do not all exist in English versions) and deal with the subject matter of science - ideas or concepts, laws or principles, theories - and epis temological questions rather than today's more fashionable topics of the social matrix and external influences on science with the concomitant neglect of the intellectual content of science. Born in Lublin, Poland, in 1859, Meyerson received most of his education in Germany, where he studied from the age of 12 to 23, preparing himself for a career in chemistry.! He moved to Paris in 1882, where he began a career as an industrial chemist. Changing his profession, he then worked for a time as the foreign news editor of the HAVAS News Agency in Paris. In 1898 he joined the agency established by Edmond Rothschild that had as its purpose the settling of Jews in Palestine and became the Director of the Jewish Colonization Association for Europe and Asia Minor. These activities represent Meyerson's formal career. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Patient Self-Determination ActElizabeth Leibold McCloskey (bio)What are the ethics of extending the length of life? We know that we cannot artificially end life (Thou Shalt not Kill), but how about artificially extending life? Is that always good, sometimes good?... In ethics, is keeping people alive the highest good? Should our priority be to keep people breathing?... What does basic religious ethics say about this?(John C. Danforth, letter to (...) the author, 19 August 1989)The Patient Self-Determination Act, signed into law as part of the Omnibus Budget Reconciliation Act of 1990 (OBRA '90) last November, marks the first time that Congress has passed legislation concerning the ethics of life-sustaining medical treatment. The bill was spearheaded by Senator John C. Danforth (RMO), who has a special interest in this area. An Episcopal priest, Danforth was formerly an assistant chaplain at New York's Memorial Sloan-Kettering Cancer Center and now sits as a senior member of the Senate Finance Committee, which oversees Medicare and Medicaid. Although Senator Danforth's legislative initiative was not a result of the Cruzan case, it was in his state of Missouri that the U.S. Supreme Court case involving removal of Nancy Cruzan's feeding tube arose (Cruzan v. Director of Missouri Department of Health, U.S. Supreme Court, 58 LW 4916, 26 June 1990). From his unique vantage point, he felt it was time to craft a legislative response to some of the difficult issues surrounding prolongation of life.The short answer to Senator Danforth's questions about when to artificially extend life is simple enough: people must be free to determine that for themselves. Common law and common sense dictate such a conclusion; living will and health care proxy statutes, enacted in almost every state, codify that right. The Catholic moral tradition teaches that one is not morally obligated to use extraordinary means to prolong life, a tradition shared both by the mainline Protestant and the reform and conservative Jewish community. Yet most people are unaware of their fundamental legal right to make such decisions, and as court cases from Quinlan (In re Quinlin, 137 N.J. Super. 227, 1975) to Cruzan demonstrate, few know [End Page 163] how to make arrangements for this right to be exercised if they become incapacitated.Meanwhile, health care practices are often driven by a denial of death. When Senator Danforth and Senator Daniel Patrick Moynihan (D-NY) introduced the bill on October 17, 1989, Senator Danforth said:More and more it is arguable that we play God by subjecting people to unwanted and sometimes unnecessary treatment, treatment that unnaturally prolongs the dying process. Our health care system has become obsessed with extending life, at times neglecting the caring component of medicine and trampling on the rights of patients.(Congressional Record 1989, 135:5.13566)The American Hospital Association estimates that 70 percent of deaths now occur after a determination to withhold or withdraw medical treatment. Many of those decisions are made without the benefit of an incapacitated patient's views, yet a Harvard study revealed that 95 percent of the population would like to prepare in advance for such decisions. Only 4 percent of hospitals have a systematic method of asking patients if they have an advance directive. Family members confront painful choices in the face of uncertainty about their loved one's wishes and it can be even more painful when a family knows the patient's desires but providers and the courts act otherwise because clear evidence is lacking.The Patient Self-Determination Act is rooted in the belief that people should be given information that enables them to specify the extent of medical treatment they wish to receive should they become incapacitated. The public should be educated about applicable state laws that protect the individual's right to make such choices through the use of an advance directive.The Act moves toward that goal by promoting knowledge of state laws. It requires every hospital, nursing home, home health agency, hospice, and health maintenance organization that participates in Medicaid or Medicare to routinely give all adult patients information about advance directives. Patients will also be given information on the... (shrink)

We describe the state of the Talmudic Logic project as of end of 2019. The Talmud is the most comprehensive and fundamental work of Jewish religious law, employing a large number of logical components centuries ahead of their time. In many cases the basic principles are not explicitly formulated, which makes it difficult to formalize and make available to the modern student of Logic. This project on Talmudic Logic, aims to present logical analysis of Talmudic reasoning using modern logical (...) tools. We investigate principles of Talmudic Logic and publish a series of books, one book or more for each principle. The series begins with the systematic analysis of Talmudic inference rules. The first book shows that we can present Talmudic reasoning intuitions as a systematic logical system basic to modern non-deductive reasoning, such as Argumentum A Fortiori, Abduction and Analogy. The second book offers a systematic common sense method for intuitively defining sets and claims that this method adequately models the Talmudic use of the rules Klal uPrat. These books also criticize modern Talmudic research methodology. Later books deal with additional topics like Deontic logic, and Temporal logic, Agency and processes in the Talmud and more. The aims of the project are two fold: 1. To import into the Talmudic study modern logical methods with a view to help understand complicated Talmudic passages, which otherwise cannot be addressed. 2. To export from the Talmud new logical principles which are innovative and useful to modern contemporary logic. (shrink)

This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it (...) argues that the POW camp was a space of indifference that was determined by the legal exclusion of prisoners from both war and persecution. Held behind the stage of world events, prisoners were neither able to exercise their legal agency nor released from law into a realm of extra-legal violence. Through a close reading of Levinas’s early concept of the ‘there is’ [il y a], the article seeks to establish the impact on prisoners of prolonged confinement in such a space. It sets out how prisoners’ subjectivity dissolved in the absence of meaningful relations with others and identifies the POW camp as a space in which existence was reduced to indeterminate, impersonal being. (shrink)

Introduction Paul Boshears The following excerpt from Paul Amitai's In Between States: Field notes and speculations on postwar landscapes (2012) confounds its reader. Presenting an alternate history of the State of Israel as a space station orbiting Earth, the excitement of possibilities crackles across the texts and images. Like Chris Marker's La Jeteé , the accompanying static images distort the viewer's temporality: are these archaeological items, images from a past, or a future? Why isn't this our future? In Between States (...) can also be seen as complementing Larissa Sansour's provocative science fiction works, Space Exodus (2009) which "documents" the Palestinian space program, and her Nation Estate (2012), in which Palestine is relocated into a skyscraper. Amitai's vision opens onto an intergalactic diaspora, wherein the refugees of World War II are given the stars as Western Europe continues to fight over terrestial colonies. —PFB Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. In 1941 an investigation by the US Justice Department exposed a marriage cartel between John D. Rockefeller’s Standard Oil (now ExxonMobil) and I.G. Farben. The two corporations had formed a joint operation in 1927 called Standard IG Farben. It was revealed that the two had shared patents in order to control prices and markets in their respective regions. Standard was accused of hiding patents from the US Navy and supplying fuel to German submarines, which lead to charges of criminal conspiracy. The Pentagon intervened, requesting that President Roosevelt stop the investigation in order to protect war production and oil supply. Roosevelt agreed, and the Senate committee investigating the matter, headed by Senator Harry Truman, was halted. Standard Oil paid a fine of $5000 and promised to stop supplying fuel to the enemies. Auditorium, Hoechst AG headquarters, Industriepark-Höchst, 2011. Furious at the decision to terminate the investigation of acts he considered treason, Truman initiated a new inquiry into Standard Oil’s war-time practices after succeeding Roosevelt as president in 1945. With the chief executives of I.G Farben simultaneously on trial at Nuremburg, Truman brokered a deal with the Allies that reduced or withdrew criminal charges leveled against both corporations in exchange for Standard Oil and I.G. Farben’s sponsorship of one of Truman’s most ambitious postwar projects—the relocation of the Jewish people. Detail, Sanofi-Aventis advertisement, 2011. The third critical player in this bold experiment was the nascent North Atlantic Space Agency. Formed by Allied forces using the seized assets and engineering expertise of Hitler’s hitherto classified space program (conquer Earth, then the stars), the North Atlantic Space Agency was a pre-NATO foray into interstellar nation building, with orbital occupation as the first point of order. By 1947, NASA was nearly ready to deploy the first manned space station. Standard Oil and I.G. Farben’s advanced fuel refinement capacities and deep, war-enriched financial resources allowed NASA to speed up their launch schedule significantly. Detail, Sanofi-Aventis advertisement, 2011. Diplomatic efforts to establish a Jewish homeland in Palestine were failing to gain traction, while post-colonial England held its ground on immigration restrictions and bands of Jews and Arabs battled over territory on the ground. More immediate was the issue of temporarily housing Holocaust survivors and refugees across scorched Europe. Leaders of the continental nations demonstrated, at best, reluctance to accommodate the Jews, who in turn were, at the least, resistant to returning to the same bloody cocktail from which they had fled. Truman used the impasse to advance a plan for NASA’s space station to be put to use as a temporary Jewish outpost, an orbital displaced persons camp, to be operated by the US Army. Detail, Infaserv Höchst advertisement, 2011. Final preparations advanced rapidly. Viewing the orbital displaced persons (ODP) camp as a solution to their immigration problem both at home and abroad, England came on board as a willing partner. Spaceship Exodus was positioned for takeoff on German farmland 20 kilometers southwest of Frankfurt. On December 30, 1947, one month after the UN General Assembly voted down the separation plan for Palestine, Exodus rocketed into the atmosphere hauling the first module of barracks designed to house 1,500 refugees. Transport vehicles arrived shortly thereafter, loaded down with leftover wartime military rations and 3,000 Jews of Russian and Polish origin. Detail, Infaserv Höchst advertisement, 2011. "The camp is the space that is opened when the state of exception begins to become the rule."—Giorgio Agamben, Homo Sacer , trans. Daniel Heller-Roazen, (Stanford: Stanford University Press, 1995), 96. Detail, Infaserv Höchst advertisement, 2011. The ODP camp proved to be a longer-term solution than originally envisioned. Additional installations were positioned to form swollen clusters of interlocking units – sleeping quarters, schools, clinics, canteens. The UN was brought in to monitor the camp following two chaotic years of US Army control in which food shortages, pandemic diseases, and rampant black market trade had brought the camp to near total collapse. No less bureaucratic or ineffectual, the UN relief agency at least had prior experience facilitating contexts of a similar magnitude and could potentially predict outcomes. Detail, Infaserv Höchst advertisement, 2011. What had been unexpected was the degree to which the camp would evolve into its own self-regulated, hive-like ecosystem where previously accepted rules of conduct were not applicable. The ODP camp was an exceptional space, a riverboat casino, an offshore research lab of social experimentation and entrepreneurial innovation. No longer Earth-bound, touching soil knotted by prescripts of Talmudic law, the camp residents were able to rationalize loopholes and detonate barriers standing in the way of absolute production. The Jewish archipelago was renamed Israel after the ancient homeland. If the temple couldn’t be rebuilt in the motherland, a post-national rhizome would sprout up in its stead. Eyes everywhere, beyond all borders. More information on the project at the author's site. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.2 (2003) 277-278 [Access article in PDF] John Hedley Brooke, Margaret J. Osler, and Jitse M. van der Meer, editors. Science in Theistic Contexts: Cognitive Dimensions. Chicago: University of Chicago Press Journals Division, 2001. Pp. xiii + 376. Cloth, $39.00. Paper, $25.00. Some twenty years ago, when I submitted a dissertation proposal to explore connections between theologies of creation and views of scientific (...) knowledge in the seventeenth century, my doctoral committee was not initially enthusiastic—my idea might make a good dissertation in religion, but was it really history of science? I doubt I would have a similar experience today. Not only has the "warfare" thesis of science and religion been laid permanently to rest, historians have begun seriously to question whether it makes sense even to treat "religion" and "science" in an essentialist manner as separate ways of thinking that do not ordinarily interact. Many detailed case studies demonstrating a variety of fascinating, often important connections between science and religion have appeared from leading scholars in the past two decades. This trend continues in the latest volume of Osiris, which contains sixteen essays documenting various ways in which religious beliefs have influenced the actual content and presentation of science.The volume opens with two companion essays laying out the terrain. First, Brooke engages the new methodological and conceptual problems that confront historians following the demise of the "warfare" thesis. Then Stephen Wykstra offers criteria for sorting out the various roles for metaphysical and religious beliefs (which he distinguishes) in shaping scientific knowledge. The case studies begin with E. Jamil Ragep's essay on medieval Islamic astronomy, arguing that religion sometimes had a constructive role—a rather novel claim for Islamic science, he points out. Noah J. Efron and Menachem Fisch show how early modern Jewish exegetical practices influenced David b. Solomon Gans's interpretations of astronomical texts, and quite possibly his interpretation of nature also. A Christian astronomer is next, as Peter Barker and Bernard R. Goldstein detail how Johannes Kepler's theology contributed directly to the discovery of scientific laws. Maurice A. Finnocchiaro then reviews various accounts of the Galileo affair, finding far more conflict in the subsequent historiography of the events than in the trial itself.Moving from astronomy to natural philosophy, Margaret G. Cook's essay on Robert Boyle examines the web of connections between theology, the mechanical philosophy, and [End Page 277] "the Aristotelian philosophy that he sought to replace." She demonstrates that Boyle used the classical art/nature distinction "to interpret the biblical account of the Creation and to argue that chemical techniques offered experimental confirmation that the world, created by art, worked by the same mechanical principles as artificial objects, not by the inherent agency of Aristotelian nature" (136). Margaret J. Osler also writes about Boyle. Contrary to the traditional view that final causes were expunged from science by the mechanical philosophy—a view that originated in the "positivism and scientific optimism" of the postwar period (168)—she proves that final causality remained central to the thought of Boyle and Pierre Gassendi. The essay by Stephen D. Snobelen presents substantial evidence that the famous General Scholium, appended to the second edition of Isaac Newton's Principia, was a carefully worded declaration of Newton's heterodox theology. "A Trinitarian," Snobelen concludes, "could not have written the General Scholium" (186). He also shows the degree to which Newton's theology shaped his overall natural philosophy, decisively debunking the late Richard S. Westfall's view that such influences could not be found.The final seven essays are mainly devoted to nineteenth-century science. Michael J. Crowe documents several ways in which Christian beliefs about divine goodness and the Incarnation affected astronomy. Martin Fichman shows how Alfred Russel Wallace's theism—not merely a vague spiritualism, as traditional accounts claim—"shaped the cognitive content of his mature evolutionary synthesis, which included a theoretical reconceptualization of the scope of natural selection" (227). In a revisionist account of Charles Darwin's philosophy of "nature," Phillip R. Sloan challenges the received view that... (shrink)