The renewal of Jewish sovereignty in 1948 created a grave challenge to Jewish tradition. As a system that was constructed in exile for a non-sovereign society, Jewish law was lacking "laws of state." The legitimacy of military action and the distinction between just and unjust wars are prime examples of fundamental issues that Jews did not have to confront for a very long period of time. This article examines contemporary Jewish legal responses to the challenges posed by the creation of (...) the Israeli military. It focuses on the efforts of Rabbi Shlomo Goren, the first Chief Rabbi of the Israel Defense Forces, to create a modern corpus of Jewish law and ethics relating to war and the military. The Diaspora-based rabbinic literature seemed to oppose the use of force, reinterpreting Biblical references to military heroism as allegorical expressions of valor in the study of Torah. In an attempt to create an approach that legitimized the use of force while, at the same time, maintaining the rabbinic moral compunction regarding reliance on force, Rabbi Goren’s innovative corpus integrated Biblical and rabbinic sources, as well as pre-rabbinic apocryphal and historical sources. His writings on the subject are studied on a historical level, trying to uncover the various personalities and ideological positions to which he reacted. Rabbi Goren’s approach is examined through an analysis of his views on the proper treatment of the enemy and on the Peace for Galilee War in Lebanon. He advocated a balance between power and spirit, a balance that is also reflected in the personal internal harmony of Rabbi Goren himself: a merger of two worlds — the traditional student of the rabbinic study hall and the modern Jewish military officer — worlds by which he was influenced, between which he was torn, and that he tried to synthesize. (shrink)

Reid's discernment between a ‘relative’ and a ‘distinct’ conception plays a significant role in his theory of secondary and primary qualities and in his postulations on ‘instinctive’ and ‘rational’ aesthetic perceptions. However, relative conceptions and, hence, the relative/distinct conception discernment, are absent from one model of aesthetic perception which Reid endorses, as well as from his theory of ‘moral approbation’. This paper aims (1) to explore the importance of Reid's relative/distinct discernment for the conception of qualities and aesthetic features and (...) (2) to point out and explain the significance of a different model of conception, which excludes relative conception, embraced by Reid for a certain context of aesthetic perception and for moral approbation. (shrink)

We seek to probe into the question of whether it is moral to administer a punishment on a criminal both in his lifetime and posthumously. Is it moral to punish a murderer both during his lifetime by sentencing him, for instance, to life imprisonment, and posthumously—let us assume—by burial in a separate section of the cemetery exclusively assigned for murderers, which would perpetuate their ignominy? We consider that a discussion of this crux might raise valuable insights and questions regarding the (...) philosophy of punishment. We will aim to examine this issue from several perspectives: utilitarianism, retributivism, and expressivism. Moreover, we shall consider it as a means for preventing an exacerbation of the punishment by more cruel means. Furthermore, we will point out some problems which should be considered that may arise from the posthumous penalty. (shrink)

In Emile, Rousseau advances significant ideas about language, language learning and teaching: He posits a universal natural language that develops as the child matures; focuses on ‘private’ words invented by children, on the challenge facing children in their understanding of exceptions to general rules of the mother tongue and on recommended methods of teaching the mother tongue. The paper explores these notions, which feature at the end of Book I of Emile. It seeks to explain and interpret them as postulations (...) regarding language, language learning and teaching and, moreover, to show how they relate to Rousseau's general principles of education. (shrink)

The paper focuses on Reid's unique epistemological distinction between the primary and the secondary qualities and examines it in relation to other facets of his philosophy: his stance vis-à-vis the scientific inquiries of secondary qualities; his aesthetics; his analysis of the perception of the primary quality of hardness; his theory of learning. An inquiry into the primary/secondary distinction which takes into account such a broad context will reveal it to be far more sophisticated, dynamic and flexible than an analysis of (...) the distinction which solely takes into consideration the passages in which the Scottish philosopher directly and straightforwardly introduces it. (shrink)

Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, (...) based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all. (shrink)

Anliegen dieser Arbeit ist die Erhellung des Kunstbegriffs und des Sinns der ästhetischen Urteile unter Berücksichtigung der Problematik moderner Kunstströmungen. Die Antworten ergeben sich aus einer Auseinandersetzung mit verschiedenen zeitgenössischen Auffassungen. Insbesondere werden ästhetische Theorien analysiert, die auf folgende Denksysteme zurückgehen: Phänomenologie, Marxismus, analytische Philosophie, die Philosophie Wittgensteins - und ferner Semiotik und Informationstheorie.

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts...

Reflections on the various articles which will be published in the criminal law and philosophy dedicated to my retirement.

. The nature of crime: A synthesis, following the three perspectives offered in the grammar of criminal law. Criminal Justice Ethics: Vol. 27, No. 1, pp. 91-98.

I suggest two main ways of interpreting Reid's analysis of the perception of the quality of hardness: Reid endorses two distinct concepts of hardness. The distinction between the two lies in a profoundly different relation between the sensation of hardness and the concept of hardness in each of them. The first concept, which I term as a “sensation-laden concept”, is “the quality that arises in us the sensation of hardness.” The second concept, which I call a “non-sensational concept”, is “the (...) cohesion of the parts of the body with more or less force.” Reid is thinking like a developmental psychologist and postulates what I consider as a gradual development from one concept to the other according to which the initial sensation-laden concept of hardness, which we form during our early childhood, gradually develops into a mature non-sensational concept of hardness. (shrink)

Reid's principle of credulity may be interpreted as equivalent to a principle of charity, due to the nature of three beliefs it implies concerning the interlocutors, which are held by the person who attempts to acquire their language: They are telling truth in the sense that they are saying what they really think, perceive, feel, believe; they are veracious in the sense that what they say is objectively true; they use language consistently. This interpretation relies on Reid's straightforward remarks on (...) his principle of credulity and on his view of two related correspondences: One correspondence is between the principle of credulity and the principle of veracity. The other is between these two principles and the principles that create the ‘language of nature’ and guide us in our efforts to unravel it. (shrink)

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...) liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

This collection uses economic analysis to study some of the most pressing issues in corporate law. The last decade has brought certain corporate transactions and arrangements to the forefront of public attention and public debate. At the same time, a new mode of corporate law analysis has been developed - one that uses the tools of economics to identify the consequences and desirable features of corporate law rules. By bringing together work at the frontier of this method of analysis, the (...) volume provides a good picture of the power, current state, and future direction of the economic analysis of corporate law. Written by some of the most prominent contributors to the field, many of the chapters focus directly on the corporate control transactions that have recently attracted the most interest and controversy - corporate takeovers, buy-outs, recapitalizations, and reorganizations. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility (...) must include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. (...) In this piece, I build on Gur-Arye’s argument, suggesting that her claim about powers can be extended to all instances in which rights are displaced. I argue that in its expanded form, the practical significance of Gur-Arye’s claim goes well beyond what she identifies. It points to important and underappreciated points about the structure and classification of defensive claims in the criminal law, and helps identify errors in some arguments commonly made to support claims about disputed features of justifications. (shrink)

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on (...) what one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the criminal law typically claims to speak in the voice of the polity, even if, in practice, it often fails to do so. Second, where the criminal law does speak in the voice of the polity, its doing so can contribute to its own justification. (shrink)