Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

Moses Mendelssohn is considered the foremost representative of Jewish Enlightenment. In _No Religion without Idolatry_, Gideon Freudenthal offers a novel interpretation of Mendelssohn’s general philosophy and discusses for the first time Mendelssohn’s semiotic interpretation of idolatry in his _Jerusalem _and in his Hebrew biblical commentary. Mendelssohn emerges from this study as an original philosopher, not a shallow popularizer of rationalist metaphysics, as he is sometimes portrayed. Of special and lasting value is his semiotic theory of idolatry. From a semiotic (...) perspective, both idolatry and enlightenment are necessary constituents of religion. Idolatry ascribes to religious symbols an intrinsic value: enlightenment maintains that symbols are conventional and merely signify religious content but do not share its properties and value. Without enlightenment, religion degenerates to fetishism; without idolatry it turns into philosophy and frustrates religious experience. Freudenthal demonstrates that in Mendelssohn’s view, Judaism is the optimal religious synthesis. It consists of transient ceremonies of a “living script.” Its ceremonies are symbols, but they are not permanent objects that could be venerated. Jewish ceremonies thus provide a religious experience but frustrate fetishism. Throughout the book, Freudenthal fruitfully contrasts Mendelssohn's views on religion and philosophy with those of his contemporary critic and opponent, Salomon Maimon. _No Religion without Idolatry _breaks new ground in Mendelssohn studies. It will interest students and scholars in philosophy of religion, Judaism, and semiotics. "In this lucid and provocative study, Gideon Freudenthal offers an original and compelling reading of Mendelssohn as well as a defense of the possibility of religious rationalism more generally. This book is not only an excellent contribution to a growing body of scholarship on Mendelssohn and early modern philosophy, but it also significantly sharpens and advances contemporary conversations about the relations between religion and reason." —_Leora Batnitzky, Princeton University_ "In this masterful study, Gideon Freudenthal demonstrates how Mendelssohn’s philosophy, including his philosophy of religion, is grounded in semiotics. The result is a landmark work that not only successfully challenges standard interpretations of Mendelssohn’s 'enlightened Judaism' and its alleged inconsistency but also effectively invites reconsideration of the very possibility of 'religion without idolatry.'" —_Daniel O. Dahlstrom, Boston University_ "In focusing on Mendelssohn's 'semiotics of idolatry,' Gideon Freudenthal writes as a philosopher fully at home in multiple traditions: contemporary philosophy, eighteenth-century philosophy, Jewish biblical exegesis, and comparative religion. The result is a systematic and penetrating study, based on the Hebrew as well as the German texts, that engages Mendelssohn on perhaps the most critical issue of his understanding of religion with unprecedented philosophical rigor and imagination." —_David Sorkin, City University of New York Graduate Center_. (shrink)

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

In this stimulating investigation, Gideon Freudenthal has linked social history with the history of science by formulating an interesting proposal: that the supposed influence of social theory may be seen as actual through its co herence with the process of formation of physical concepts. The reinterpre tation of the development of science in the seventeenth century, now widely influential, receives at Freudenthal's hand its most persuasive statement, most significantly because of his attention to the theoretical form which is charac (...) teristic. of classical Newtonian mechanics. He pursues the sources of the parallels that may be noted between that mechanics and the dominant philosophical systems and social theories of the time; and in a fascinating development Freudenthal shows how a quite precise method - as he descriptively labels it, the 'analytic-synthetic method' - which underlay the Newtonian form of theoretical argument, was due to certain interpretive premisses concerning particle mechanics. If he is right, these depend upon a particular stage of con ceptual achievement in the theories of both society and nature; further, that the conceptual was generalized philosophically; but, strikingly, Freudenthal shows that this concept-formation itself was linked to the specific social relations of the times of Newton and Hobbes. (shrink)

This title was first published in 2002. This collection of essays aims to present a wide range of interpretations of central themes in Spinoza's philosophy. Philosophical interpretations of Spinoza divide into three general categories. The first sets Spinoza within what is taken to be his historical context. Special emphasis is laid here on aspects of his teaching that seem to bear the influence of Spinoza's own education (and self-education), either through concepts assimilated into his own thinking, or those he undertook (...) to refute and displace. A second interpretative approach uses analytical tools in an attempt to reconstruct Spinozistic issues and theories critically. Finally, there are philosophers who explore Spinoza's texts in their own terms, attempting to present a coherent picture of one or more aspects of Spinoza's teaching. Given the broad span of issues with which Spinoza deals, the latter is often the most difficult track to follow. The 25 articles in this collection exemplify these three attitudes to Spinoza interpretation, though most avail themselves of more than one. In making the selection the editors preferred studies that treat their subject as a viable, endurable philosophical issue, whether the writer accepts Spinoza's presentation or highlights his difficulties. On each issue the articles critically analyze the texts, rather than simply portraying the Spinozistic ideas they express. (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a (...) case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)

Russell's On Denoting and Frege's On Sense and Reference are now widely held to be two of the founding papers of twentieth century philosophy and form the heart of the famous "linguistic turn". The Metaphysicians of Meaning is the first book to challenge the accepted secondary work on these two seminal papers, forcing us to reconsider the interpretation of these two vitally important works on meaning.

The question of nihilism is always a question of truth. It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur (...) within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou. Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth. (shrink)

Yeshayahu Leibowitz (1903–1994) was an Israeli philosopher and scientist. For decades, his thinking and persona were the embodiment of a Judaism in Israel. Getting to know him is getting to know a great Israeli thinker and also invites a window into the life of Israel and its problems.

Yeshayahu Leibowitz (1903-1994) was an Israeli philosopher and scientist. For decades, his thinking and persona were the embodiment of a Judaism that was vital, rebuking, involved, and committed to all the Jews of Israel. As seen in this book, Leibowitz's far-reaching public statements are not a certain aspect of this thinking, but its very essence. They are the essence of this thinking even when he is seemingly involved with other, distant issues, such as his exegesis of Maimonides and his writings (...) on popular science. These broad vistas are an invitation to those interested in Israel to meet an Israeli thinker who greatly impressed several generations of listeners, and to become acquainted with part of Israel's intellectual life. (shrink)

Given recent legal developments in the United States, now is a critical time to draw attention to how ‘conscientious objection’ is sometimes used by health care providers to discriminate against the LGBTQ community. We review legal developments from 2019 and present several cases where health care providers used conscientious objection in ways that discriminate against the LGBTQ community, resulting in damaged trust by this underserved population. We then discuss two important conceptual points in this debate. The first involves the interpretation (...) of discrimination (provider versus patient-centered views), and we argue for a patient-centered view; the second involves the use of the people versus procedure distinction to reach a compromise between LGBTQ individuals and the clinicians who do not want to treat them. We argue the distinction is problematic when applied to treatment of the LGBTQ population. (shrink)

Whether we understand it descriptively or normatively, the slogan that ignorance of the law is no excuse is false. Our legal system sometimes excuses those who are ignorant of the law on those grounds and should. Still, the slogan contains a grain of truth; mistakes of law excuse less readily than mistakes of fact, and ought to. This paper explains the asymmetry by identifying a principle of excuse of the form “If defendant D has a false belief that p and (...) _____, then D is excused”, which has the following feature: it is true frequently when p is a non-legal proposition, but it is false often when p is a proposition about the law. Under this principle of excuse, mistakes excuse by showing the agent to have acceptable commitments for recognizing, weighing, and responding to reasons. Many mistakes of fact show this; they show that the agent’s deliberation led to objectionable action because of faulty inputs and not to fault in the deliberation itself. Mistakes of law, by contrast, frequently indicate that the agent has faulty commitments when it comes to legal reasons; they therefore do not provide excuse under the proposed principle of excuse. It is argued that this explanation of the asymmetry between mistakes of fact and law takes us a great distance towards explaining the relevance of mental state to responsibility, an issue of great importance to moral philosophy. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

The national standards for clinical ethics consultation set forth by the American Society for Bioethics and Humanities endorse an “ethics facilitation” approach, which characterizes the role of the ethicist as one skilled at facilitating consensus within the range of ethically acceptable options. To determine the range of ethically acceptable options, ASBH recommends the standard model of decision-making, which is grounded in the values of autonomy, beneficence, nonmaleficence, and justice. H. Tristram Engelhardt Jr. has sharply criticized the standard model for presuming (...) contentful moral claims in circumscribing the range of ethically acceptable options, which, he argues, cannot be rationally justified in a pluralistic context. Engelhardt’s solution is a secular clinical ethics based on a contentless principle of permission. The first part of this article lays out Engelhardt’s negative claim, that reason cannot establish contentful moral claims, and his positive claim, that secular clinical ethics ought to be based on a contentless principle of permission. The second part critiques these negative and positive claims. The purpose of this paper is to defend secular clinical ethics expertise—defined as the ability of ethicists to offer justified moral recommendations grounded in consensus positions endorsed by the American Society for Bioethics and Humanities—from the radical critiques of Engelhardt, who argues that no moral or metaphysical claims, and hence no bioethical consensus, can be rationally justified. Engelhardt’s critiques have caused some to worry that secular clinical ethics is in a state of theoretical crisis; this article concludes that Engelhardt’s view is an unstable basis for that worry. (shrink)

Goosen, Gideon Review(s) of: Towards a Christian Tantra: the interplay of Christianity and Kashmir Shaivinism, by John Dupuche, (Melbourne: David Lovell Publishing, 2009), pp.152, $24.95.

Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track the compliance (...) of their victims, while neutral causal mechanisms do not. Manipulators see to it that their victims comply even in the face of forces that threaten to derail them from the manipulator’s desired course. It is suggested that this has an impact on freedom because part of what we desire in wanting to be free is the availability of forms of life very different from those we actually enjoy. (shrink)

Ecologists and environmental theorists have paid little attention to our direct, sensory experience of the enveloping world. In this paper I discuss the importance of such experience for ecological philosophy. Merleau-Ponty’s careful phenomenology of perceptual experience shows perception to be an inherently creative, participatory activity-a sort of conversation, carried on underneath our spoken discourse, between the living body and its world. His later work discloses the character of language itself as a medium born of the body’s participation with a world (...) experienced as alive. That living world is none other than the Earth. (shrink)

In the debate over clinicians’ conscience, there is a greater ethical, legal, and scholarly focus on negative, rather than positive, claims of conscience. This asymmetry produces a seemingly unjustified double standard with respect to clinicians’ conscience under the law. For example, a Roman Catholic physician working at a secular institution may refuse to provide physician-aid-in-dying on the basis of conscience, but a secular physician working at a Roman Catholic institution may not insist on providing physician-aid-in-dying on the basis of conscience. (...) This article outlines arguments against this asymmetry and critiques them for failing to distinguish between positive claims of conscience as positive or negative rights. I suggest the asymmetry debate should be focused on whether positive claims of conscience as positive rights ought to enjoy the same protections as negative claims of conscience. Clarifying the debate in this way helps elucidate some of the best reasons for the asymmetry, which these arguments have not addressed. This article does not take a definitive position on whether the asymmetry is justified, but attempts to bring some focus to the debate by directing arguments against the asymmetry to address the significant differences between positive claims of conscience as positive rights and negative claims of conscience. (shrink)

Bioethics, Volume 36, Issue 7, Page 783-793, September 2022.

Manifest Activity presents and critically examines the model of human power, the will, our capacities for purposeful conduct, and the place of our agency in the natural world of one of the most important and traditionally under-appreciated philosophers of the 18th century: Thomas Reid. For Reid, contrary to the view of many of his predecessors, it is simply manifest that we are active with respect to our behaviours; it is manifest, he thinks, that our actions are not merely remote products (...) of forces that lie outside of our control. Reid holds, instead, that actions are all and only those events that spring from active power and he produces insightful and imaginative arguments for the claim that only a creature with a mind is capable of having active power. He believes that only human beings, and creatures 'above us', are capable of directing events towards ends, of endowing them with purpose or direction, the distinctive feature of action. However, he also holds that all events, and not merely human actions, are products of active power, power possessed either by human beings or by God. This collection of theses leads Reid to the view that human behaviour and the progress of nature are both essentially teleological. Patterns in nature are the products of laws of which God is the author; patterns in human conduct are the products of character and the laws that individuals set for themselves. Manifest Activity examines Reid's arguments for this view and the view's implications for the nature of character, motivation and the special kind of causation involved in the production of human behavior. (shrink)

Au Centre Pompidou-Metz, faisant écho à l'exposition inaugurale, un colloque international a étudié de manière pluridisciplinaire et transversale la question du chef-d'œuvre. Loin de se focaliser sur le débat esthétique, les diverses approches ont assigné le droit, l'histoire, la sociologie, l'économie et les sciences exactes, pour mieux soumettre cet "objet" à un véritable examen clinique. Cette question ne serait-elle plus d'actualité? Loin s'en faut! Entre cœur et raison, la sacralisation des œuvres d'art produit toujours autant de savoirs, de savoir-faire et (...) de savoirs sur le faire. Mettant en avant le patrimoine, restaurant les objets de l'art, les reconstituant, favorisant le tourisme culturel, exhumant le vrai, condamnant le faux : à sa mesure, le "chef-œuvre" dynamise encore et toujours les divers moments de l'art. (shrink)

This book provides an accessible introduction to spiritually-sensitive psychoanalysis, an analytic tradition characterized by sensitivity to the spiritual and religious dimensions of human life and oriented toward spiritual growth. Psychoanalysis has historically evinced severe suspicion to all ideas and ideals of religion and spirit. However, in recent years a new analytic approach is emerging, which recognizes faith and spirituality as crucial parts of a full, satisfying psychic life. This book explores the unique ways in which this approach refers to and (...) understands core analytic issues such as transference, interpretation, psychopathology, and psychic development. It goes on to expound the approach's understanding of the analytic relationship and the way it influences the spiritual person. It also discusses the tensions arising between this emerging school of thought and the existing body of psychoanalytic knowledge. Discussing freely and deeply its spiritual aspects and aspirations will enlighten analysts new to the emerging spiritually-sensitive tradition, as well as those who are more familiar with it, and who are looking for a comprehensive description of this fresh approach to analysis. (shrink)

The widely held assumption about what motivated On Denoting is irreconcilable with Russell's position shortly beforehand; but discarding it leaves one with a carefully worked out solution whose problem is missing. The real motivation is to be found in a notoriously obscure passage in OD, in which Russell exposes a decisive (though easily overlooked) flaw in his former theory of denoting; a flaw which also cripples Frege's theory of sense and reference. A comprehensive account of this passage is the chief (...) concern of the present paper. Recognizing the critical role of this argument of Russell's leads to a more credible account of his argumentation in that essay. It also suggests that the fundamental standpoint underlyingThe Principles of Mathematics remains intact. In this light, the appropriation of OD to the philosophy of language may be misguided. (shrink)