What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

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)

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.

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)

Harry Wolfson’s celebrated two-volume study of Spinoza – The Philosophy of Spinoza: Unfolding the Latent Process of His Reasoning – appeared in 1934 with Harvard University Press. The book originated in a series of five studies Wolfson published in the Chronicon Spinozanum between 1921 and 1926. In the Chronicon, Wolfson announced that the studies published in the journal are instalments from a planned larger work, to be titled: “Spinoza, the Last of the Mediaevals: A Study of the Ethica Ordine Geometrico (...) Demonstrata in the light of a hypothetically constructed Ethica More Scholastico Rabbinicoque Demonstrata.” In the preface to the 1934 book, Wolfson notes that the original title “had to be abandoned, as it did not seem advisable to have the title begin with the word ‘Spinoza’”. Thus, whatever stylistic reasons motivated Wolfson to amend the title, he was clearly not withdrawing from his view of Spinoza’s Ethics as being “More Scholastico Rabbinicoque Demonstrata.”. (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)

In this paper I explore one issue in the history of German Idealism which has been widely neglected in the existing literature. I argue that Salomon Maimon was the first to suggest that Spinoza's pantheism was a radical religious (or 'acosmistic') view rather than atheism. Following a discussion of the historical context of Maimon's engagement with Spinoza, I point out the main Spinozistic element of Maimon 's philosophy: the view of God as the material cause of the world, or as (...) the subject in which all things inhere. I argue that this doctrine was the basis of Maimon's Law of Determinability. (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)

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)

Zionism aimed to establish a national home for Jews in Palestine. It involved settlement of Zionist Jews in the region, despite facing resistance from many local Arabs. Was the unilateral Zionist settlement morally permissible, or was it an instance of wrongful colonialism? Three objections will be discussed here and they all stem from the Kantian ethics of state-building and the minimalistic conception of statehood that follows from it. According to the ‘neutralist objection’, the establishment of a national home is not (...) a just cause for a state building project. The ‘cosmopolitan’ objection argues that unilateral settlement is permissible only in extreme circumstances and that typically, it violates the locals’ right to self-rule. Finally, the imperialist objection argues that Zionist unilateralism exploited the wrongful colonial rule to which Arab Palestinians were subject. I will show that no Kantian objection to Zionism is decisive. (shrink)

Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...) jobs. If instead they are intelligent enough to replace us, the risk they become unfriendly increases, given that they would not need us and humans would just compete for valuable resources. Their hostility will not promote our moral passivity. Secondly, the use of AI assistants in our personal lives will become a problem only if we rely on them for almost all our decision-making and motivation. But such a (maximally) pervasive level of dependence raises the question of whether humans would accept it, and consequently whether the crisis of passivity will arise. (shrink)

Spinoza’s interpretation of the election of the Hebrews in the third chapter of the Theological Political Treatise enraged quite a few Jewish readers of the nineteenth and twentieth centuries. The rise of nationalism, and the demand of loyalty to one’s own genos brought about a certain style of patriotic writing aimed at Spinoza’s “betrayal.” In a series of lectures on the eve of the Great War, Hermann Cohen portrayed Spinoza as a person of “demonic spirt” and as “the great enemy (...) who emerged from our midst.” In a stream of words more akin to shouting than to analytic discourse, Cohen protested against what he took to be the universal complacency regarding Spinoza’s treachery: “When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voice rises in protest against this humanly incomprehensible betrayal.” Cohen was right in identifying in Spinoza an absence of ethnic patriotism. I, for one, find this absence a virtue rather than a vice, and in this chapter I will argue, inter alia, that in rejecting ethnic normativity Spinoza was consistent with a dominant strand of rabbinic thought. What precisely was so offensive in Spinoza’s words in chapter three of the TTP? A common reading of this chapter suggests that Spinoza presents the election of the Hebrews as merely political and not spiritual in nature, thus downgrading the importance of the election. This reading is not absolutely groundless, but it is highly imprecise, for as we shall shortly see, for Spinoza, God’s (genuine) election of the Hebrews indicates the political weakness of their state, rather than its strength. Apart from pointing out this important corrective, I will also attempt in this essay to evaluate Spinoza’s critique of the election of the Hebrews, the result of which might lead us to some highly unexpected conclusions. In the first section of this chapter I present an outline of Spinoza’s interpretation of the connection between the Hebrews’ belief in being chosen, and the xenophobic nature of their ancient state. In the second section, I discuss Spinoza’s interpretation of the election of the Hebrews in chapter three of the TTP, and show that on Spinoza’s sardonic reading it was nothing but luck which allowed the Hebrew state to survive for a rather long time in spite of its poor political constitution. The third and final part provides a defense of Spinoza’s critique of the notion of chosenness. I will argue, first, that chosenness has never been granted the status of theological doctrine or principle of faith within rabbinic Judaism. I will then point out the significant religious problems with the notion of chosenness, suggesting however two exceptions in which belief in chosenness might still be defensible. I will conclude this section with a discussion of rabbinic views on the conversion of minors, arguing that according to the mainstream rabbinic view, being a Jew is a merit only on the condition that a person is pious, a view which is not far from Spinoza’s own claims in the third chapter of the TTP. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

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)

The very first line of Spinoza’s magnum opus, the Ethics, states the following surprising definition: By cause of itself I understand that whose essence involves existence, or that whose nature cannot be conceived except as existing [Per causam sui intelligo id, cujus essentia involvit existentiam, sive id, cujus natura non potest concipi, nisi existens]. As we shall shortly see, for many of Spinoza’s contemporaries and predecessors the very notion of causa sui was utterly absurd, akin to a Baron Munchausen attempting (...) to lift himself above a river by pulling his hair up. How can a thing cause itself into existence, if before the causal activity, the cause did not exist at all? Indeed, in one of his earliest works, Spinoza himself claimed: “No thing, considered in itself, has in itself a cause enabling it to destroy itself (if it exists), or to make itself [te konnen maaken] (if it does not exist)” (KV II 26|I/110/14-16). Moreover, in other early works, Spinoza refers to God as an “uncreated thing” (TIE §97) or “uncreated substance” (CM II 1|I/237/20), and not as a cause-of-itself as in the Ethics. What made Spinoza desert the common, traditional, view of God as the uncaused first cause, or uncreated substance, and adopt instead the apparently chimerical notion of God as causa sui? A very likely explanation for this development suggests that Spinoza’s rationalism, his commitment to the principle that everything must have a reason both for its existence and for its non-existence – a commitment stated clearly both in the Ethics (see, for example, E1p8s2 and E1p11d2), and in Spinoza’s other writings (see, for example, Ep. 34 (IV/179/29)) – made him realize that the notion of an uncreated, or uncaused, thing is of no use for him: if everything must have a cause, then the first cause, or the most fundamental being, must be a cause-of-itself. All this is well and good, but we should not let Spinoza off the hook so easily, for the immediate question which arises now is whether Spinoza is not simply cheating his readers. Does Spinoza have a reason – i.e., argument – that could convince us that causa sui is indeed a more adequate characterization of God and not merely an opportunistic and ad hoc façade for the good old uncaused cause? While there are many important questions surrounding Spinoza’s notion of causa sui, it is the last question which will be the focus of this short chapter. In the first part of this chapter, we study, briefly, Descartes’ engagement with the notion of causa sui. In the second part, I show that Spinoza understood the causation of causa sui as efficient, and not formal, causation. The third and final part will attempt to locate precisely the alleged problem with the notion of causa sui, and consider how could Spinoza defend the intelligibility of this notion. Regrettably, limitations of space will force us to leave the examination of Spinoza’s closely related notion of being-conceived. (shrink)

This essay explores a view held by many critics of Israel, which posits that the October 7th massacre is a war crime that is part of a just war of independence, fought by Palestinians against Israel for over a century. Raef Zreik recently presented such a view in these pages. However, this essay argues that a proper understanding of traditional just war theory renders this view false. Even if Zionism is considered a colonial wrong, Palestinians did not have a just (...) cause for war against Zionism until after the Six-Day War in 1967 and perhaps later. Furthermore, the essay contends that the massacre is not a part of this war, as Hamas lacks the moral power to represent the Palestinian people and to fight in their name. (shrink)

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

Chapters 17 and 18 of the TTP constitute a textual unit in which Spinoza submits the case of the ancient Hebrew state to close examination. This is not the work of a historian, at least not in any sense that we, twenty-first century readers, would recognize as such. Many of Spinoza’s claims in these chapters are highly speculative, and seem to be poorly backed by historical evidence (Cf. Verbeek (2003), 126). Other claims are broad-brush, ahistorical generalizations: for example, in a (...) marginal note (to be discussed shortly), Spinoza refers to his Jewish contemporaries as if they were identical with the ancient Hebrews. Projections from Spinoza’s own experience of his Jewish and Dutch contemporaries are quite common, and the Erastian lesson that Spinoza attempts to draw from his “history” of the ancient Hebrew state is all too conspicuous. Even Spinoza’s philosophical arguments in these two chapters are not uniformly convincing, as I will attempt to show. Yet in spite of all these faults, the two chapters are a masterpiece of their own kind: a case study of the psychological foundations of politics and religion. The work that comes closest in my mind is Freud’s 1939 Der Mann Moses und die monotheistische Religion. The two works are similar not only in terms of their chronological subject matter – the Hebrews of Moses’s time – but also in their attempt to reconstruct the communal psyche of the Hebrews in order to demonstrate their respective social theories about the foundation of civilization. Needless to say, there are numerous differences between the two works, not the least of which are their distinct aims and the very different political contexts in which they were produced. (shrink)

This paper challenges what I call ‘Frankfurt's Care-Importance Principle’ (or ‘the CIP’), according to which, ‘If there is something that a person does care about, then it follows that it is important to him.’ Indeed, caring may generate genuine importance. I claim, however, that the agent's caring may have blinding effects too, it may blind him to what is really important to him. In this kind of case, caring does not generate genuine importance; rather, it reinforces the agent's false belief (...) that what he cares about is really important to him. In the second part of the paper, I try to explain the philosophical urgency in correcting the CIP. I claim that Frankfurt's adherence to the CIP casts doubt upon the adequacy of his conceptual framework to deal with a special kind of conflict, namely, the conflict between the moral and the personal. (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)

Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed this (...) aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

Modernity seemed to be the autumn of eternity. The secularization of European culture provided little sustenance to the concept of eternity with its heavy theological baggage. Yet, our hero would not leave the stage without an outstanding performance of its power and temptation. Indeed, in the first three centuries of the modern period – the subject of the third chapter by Yitzhak Melamed - the concept of eternity will play a crucial role in the great philosophical systems of the (...) period. The first part of this chapter concentrates on the debate about the temporality of God. While most of the great metaphysicians of the seventeenth century – Suarez, Spinoza, Malebranche, and Leibniz – ascribed to God eternal, non-temporal, existence, a growing number of philosophers conceived God as existing in time. For Newton, God’s eternity was simply the fact that “He was, he is, and is to come.” A similar view of God as being essentially in time was endorsed by Pierre Gassendi, Henry More, Samuel Clarke, Isaac Barrow, John Locke, and most probably Descartes as well. In the second part of the chapter we study the concept of eternal truth, and its relation to the emerging notion of Laws of Nature. The third part of the chapter explicates Spinoza’s original understanding of eternity as a modal concept. For Spinoza, eternity is a unique kind of necessary existence: it is existence that is self-necessitated (unlike the existence of other things whose necessity derives from external causes). Eternity is the existence of God or the one substance. Yet, Spinoza claims that if we conceive finite things adequately - “sub specie aeternitatis” – as nothing but modes flowing from the essence of God, even finite things (like our minds) can take part in God’s eternity. The fourth and final part of the chapter is mostly focused on the reception of Spinoza’s original conception of eternity by Leibniz and other eighteenth century philosophers. (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)

For many of Spinoza's contemporaries and predecessors the very notion of causa sui was utterly absurd, akin to a Baron Munchausen attempting to lift himself above a river by pulling his hair up. This chapter examines Descartes’ engagement with the notion of causa sui, and shows that Spinoza understood the causation of causa sui as efficient, and not formal, causation. Proving the existence of God was the stated aim of Descartes’ Third Meditation. Descartes’ response to Caterus is pretty simple: he (...) denies that efficient causation must be spread in time. Descartes’ surprising response to Caterus drew the attention of Antoine Arnauld, the author of the Fourth Set of Objections, and, at the time, a doctoral student of theology at the Sorbonne. The young Spinoza must have watched Descartes’ struggle with the notion of causa sui with great interest. (shrink)

I contend there exists a platonistic good that all other good (excellent) things must resemble, supplementing this theory with Aristotelian features. Something’s goodness holds in virtue of the thing’s own properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. As for the latter condition, the K-standards resemble it firstly with respect to requiring activities, and secondly also at the level of what teleology those activities are directed towards.

Why did the Lord Justices make strong representation against Berkeley? According to Joseph Stock, Berkeley's first biographer "Lord Galway [a Lord Justice in 1716] having heard of those sermons, published in 1712 as Passive Obedience represented Berkeley as a Jacobite, and hence unworthy of the living of St. Paul's. From the beginning, Passive Obedience was rumored to be politically heterodox...

Contemporary just war theory usually addresses armed conflicts between two group agents, assuming that one is an aggressor and the other a defender. This paper discusses conflicts between two ethnonational groups, both of which include defenders and aggressors. The normative questions that this essay addresses are two: Are minimalists entitled to join their maximalist conationals in fighting the maximalists on the other side, and if so, in which circumstances? If so, what should minimalists have aimed to achieve by resorting to (...) force and coercion? (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)

Philosophers disagree about whether outcome luck can affect an agent's “moral responsibility.” Focusing on responsibility's “negative side,” some maintain, and others deny, that an action's results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor's blameworthiness and negative desert are equally affected—or unaffected—by an action's results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that (...) serve distinct normative functions: blameworthiness serves aliabilityfunction (removing a bar to otherwise impermissible treatments), whereas desert serves afavoringfunction (contributing new value to states of affairs, or providing new reasons for responsive treatments). Having distinguished (negative) desert from blameworthiness, the article proposes a novel resolution to the outcome‐luck debate: that results do not affect an agent's liability to blame, but do affect the amount and severity of blame to which the agent is justly liable, including by affecting the severity of blame that the agent deserves. (shrink)

The term ‘Political Theology’ was not coined in the twentieth century. I am not absolutely sure about who was the first to introduce the term. As we shall shortly see, Salomon Maimon (1753-1800) used the term as part of the title to one of the chapters of his 1792/3 Lebensgeschichte, and it is the primary aim of my chapter to explain his understanding of the term. The idea that views about the divine (‘theology’) – true or false – could have (...) an important role in establishing (or undermining) political order and authority, or even in the promotion of the ideal state, goes back to Maimonides, al-Farabi, and ultimately, Plato. We are likely to hear echoes of these writers in the current chapter. Still, in addressing the background of Maimon’s discussion of political theology, I will focus on the one text which exerted the most significant influence on Maimon’s discussion of the issue: Spinoza’s Theological Political Treatise (1670). In order to explain Maimon’s understanding of political theology, we will proceed in the following order. In the first part of the chapter we will have our first encounter with the term and the role of secrets in religious matters. The second part will study Maimon’s definitions of, and distinctions among, various forms of religion. In the third and final part we will explore Maimon’s views about “the greatest of all the mysteries of the Jewish religion” and about the nature of that religion. (shrink)

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and regarding whether the principle can deliver absolute judgments, or only (...) comparative ones. This essay proposes that these differences cannot be successfully adjudicated, and one candidate proportionality principle preferred over its rivals, in the abstract; a proportionality principle only makes sense as an integrated part of a more complete justificatory theory of criminal punishment. It then sketches a proportionality principle that best fits the responsibility-constrained pluralist theories of criminal punishment that currently predominate. The proportionality principle it favors provides that punishments should not be disproportionately severe, in noncomparative terms, relative to an agent’s culpability in relation to their wrongdoing. (shrink)