"מעמדה של הדת במדינה תופס מקום מרכזי בשיח הציבורי והפוליטי, בארץ ובעולם. ייחודו של ספר זה בתפיסה השיטתית והמקיפה שלו באשר למקום הדת בישראל. מצד אחד, הספר דוחה את ההנחה הרווחת שלפיה הליברליזם מחייב את הפרדת הדת והמדינה. מצד אחר, הספר מציע פרשנות מצמצמת והגנות המיוחדות המוענקות לדתיים, המעוגנות בזכות לחופש דת ובחשיבות ההגנה על רגשות דתיים. נושאים מעוררי מחלוקת ורגישים כגון גיוס בחורי ישיבות, מימון ממשלתי לחינוך הדתי ונישואים וגירושים ברבנות נדונים בספר במבט מפוכח, משפטי ופילוסופי, המספק כלים לחשיבה (...) צלולה ולדיון פורה". -- מעטפת אחורית. (shrink)

Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that _Moral Dilemmas_ tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence (...) of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times, human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned. (shrink)

Some luck, in a decision of Gauguin's kind, is extrinsic to his project, some intrinsic; both are necessary for success, and hence for actual justification, but only the latter relates to un- justification. If we now broaden the range of cases slightly, ...

The central question in contemporary ethics is whether virtue can replace duty as the primary notion in ethical theory. The subject of intense contemporary debate in ethical theory, virtue ethics is currently enjoying an increase in interest. This is the first book to focus directly on the subject. It provides a clear, systematic introduction to the area and houses under one cover a collection of the central articles published on the debate over the past decade. The essays encompass a wide (...) range ofaspects: the difference between virtue ethics and traditional duty ethics; present arguments for and against virtue ethics; the practical implications of virtue ethics and the Aristotelian and Kantian attitudes to virtue ethics. (shrink)

The topic of standing to blame has recently received a lot of attention. Until now, however, it has focused mainly on the blamer's perspective, investigating what it means to say of blamers that they lose standing to blame and why it is that they lose this standing under specified conditions. The present paper focuses on the perspective of the blamees and tries to explain why they are allowed to disregard standingless, more specifically hypocritical, blame. According to the solution proposed by (...) the paper, while hypocritical blamers present themselves as caring about justice or about the moral or material good of the blamees—and they themselves half‐believe this presentation—their real motivation in blaming is less respectable. It is this problematic motivation that explains why blamees are permitted to disregard hypocritical blame. Ill‐motivated blame is often unreliable, and readiness to even consider it often involves a compromise on the self‐respect of the blamees. (shrink)

That an intimate connection exists between the notion of human dignity and the notion of humiliation seems to be a commonplace among philosophers, who tend to assume that humiliation should be explained in terms of (violation of) human dignity. I believe, however, that this assumption leads to an understanding of humiliation that is too "philosophical" and too detached from psychological reality. The purpose of the paper is to modify the above connection and to offer a more "down to earth" account (...) of humiliation that does not depend on metaphysical or axiological questions concerning the unique dignity enjoyed by all human beings qua human beings. The paper argues for a subjective-psychological notion of self-respect in the explication of humiliation, instead of an objective-normative one. To be humiliated means to suffer an actual threat to or fall in one's self-respect. (shrink)

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to (...) solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition. (shrink)

Hypocrites are generally regarded as morally-corrupt, cynical egoists who consciously and deliberately deceive others in order to further their own interests. The purpose of my essay is to present a different view. I argue that hypocrisy typically involves or leads to self-deception and, therefore, that real hypocrites are hard to find. One reason for this merging of hypocrisy into self-deception is that a consistent and conscious deception of society is self-defeating from the point of view of egoistical hypocrites. The best (...) way for them to achieve their ends would be to believe in the deception, thereby not only deceiving others but also themselves. If my thesis is sound, we ought to be more cautious in ascribing hypocrisy to people, and less harsh in our attitude toward hypocrites. (shrink)

The paper offers a theory of cruelty that includes the following claims: First, cruelty is best understood as a disposition to take delight in the very infliction of suffering on others. Thus understood, cruelty is the same phenomenon as that studied and operationalized by psychologists in the last decade or so under the heading of everyday sadism. Second, for people to be cruel, they need not have proper understanding of the moral standing of their victims. Third, ascriptions of cruelty do (...) not depend on judgments regarding the moral wrongness of the assumed cruel act. Fourth, since cruelty is primarily a property of agents rather than of actions, and since actions are not always a reliable indication of cruelty, identifying cruelty is a more challenging task than usually thought. (shrink)

Christopher New recently argued for the seemingly paradoxical idea that there is no moral reason not to punish someone before she commits her crime (‘prepunishment’), provided that we can be sure that she will, in fact, commit the crime in the future. I argue that the air of paradox dissolves if we understand the possibility of prepunishment as relying on an anti‐moral‐luck position. However, New does not draw the full conclusions from such a position, which would allow prepunishment even prior (...) to the formation of a wrongful intention, on the basis of the idea that bad character is enough to entail blameworthiness. I conclude by examining a legal system which seems to use the idea of prepunishment, i.e. the Talmudic idea that we might punish a child who has not yet sinned in order to save him from sinning in the future. (shrink)

According to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result is to (...) adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly. (shrink)

abstract Assume that some group, A, is under a serious threat from some other group, B. The only way group A can defend itself is by using lethal force against group B, but the standard conditions for using force in self‐defence are not met. Ought group A to avoid the use of force even if this means yielding to an aggressive, evil power? Most people would resist this conclusion, yet given the violation of essential conditions for self‐defence, this resistance is (...) hard to justify. The aim of this paper is to point to an interesting yet unnoticed move made by some philosophers to find a way out of this problem, a move which relies on construing the situation at hand as a tragic dilemma. I show the attractiveness of this solution and argue that in the end it fails. (shrink)

The purpose of this paper is to explore the relation between the right to self-defense against an innocent attacker and the notion of moral luck. It argues that those who accept the existence of such a right rely on the assumption that mere agency makes a significant moral difference – which is precisely the assumption that underlies the view held by believers in moral luck. Those who believe in the right to self-defense against innocent attackers are thus committed to the (...) idea of moral luck much more than they usually acknowledge. The paper also argues that the arguments offered in support of moral luck, in particular the one based on the relation between agency and self-identity, might help to shed light on the rather puzzling above right. (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.

Pascal’s wager faces serious criticisms and is generally considered unconvincing. We argue that it can make a comeback powered by an unlikely ally: postmodernism. If one denies the existence of objective facts (e.g. about God or His relation to the world), then various non-theological considerations should come to the fore when considering the rationality of religious commitment and the choice of education for one’s children. In fact, we shall argue that, if one genuinely cares about one’s children, then – in (...) many Western countries – one cannot consistently be both secular and post-modernist. (shrink)

In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view to (...) warfare in which no effective social contract is in place. (shrink)

The purpose of this paper is to provide a philosophical defense for targeted killings in the wars against terror. The paper argues that if one accepts the moral legitimacy of the large-scale killing of combatants in conventional wars, one cannot object - on moral grounds - to the targeted killing of terrorists in wars against terror. If one rejects this legitimacy, one must object to all killing in war, targeted and non-targeted alike, and thus not support the view, which is (...) criticized here, that targeted killings are particularly disturbing from a moral point of view. (shrink)

The last decade or so has witnessed a wave of empirical studies purporting to show that men’s sexual focus on the female body leads to increased hostility and aggression against women. According to what I call “The Objectification Hypothesis”, the explanation for this phenomenon has to do with the fact that, in such circumstances, men “objectify” women, that is, regard them as mere objects or as means only. The paper rejects this hypothesis and offers an alternative explanation for the connection (...) between men’s sexual gaze and their aggression against women. This explanation makes no reference to the notions of seeing-other-as-object or of treating-as-means-only. Instead, it locates the dynamic at hand within the theoretical framework of misogyny along the lines developed by Kate Manne. (shrink)

Sometimes victims cannot defend themselves against the threat posed to them, but they can nevertheless harm or even kill their aggressors. Since they cannot defend themselves, it is unclear how such harming can be justified under the title of self-defense. According to the “Honor Solution,” by violently resisting their aggressors, victims do (partially) defend themselves because they protect their honor. Blake Hereth recently argued that this solution is incompatible with the feminist commitment that sexual assault victims ought not to be (...) shamed or dishonored. The purpose of my paper is to reject Hereth's criticism and defend the Honor Solution. (shrink)

The paper argues for two kinds of limitations on the right to parenthood. First, it claims that the right to parenthood does not entail a right to have as many children as one desires. This conclusion follows from the standard justifications for the right to parenthood, none of which establishes the need to grant special protection to having as many children as one desires. Second, with respect to the right to receive assistance from the state in IVF, it is suggested (...) that the state should also be allowed to take non-medical considerations into account in determining whether or not an applicant is entitled to this service, particularly in cases where the applicant seems to lack mothering ability. (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)

Midwest Studies In Philosophy, EarlyView.

This paper argues that the current discussion on the relationship between morality and halakha tends to confuse philosophical, historical, ideological and jurisprudential issues. It claims that the philosophical question of whether or not morality is dependent on religion should be separated from the historical question of how Jewish thinkers perceived the relationship between divine command and morality and from the question of the actual role played by moral considerations in the history of halakha. Similarly, the jurisprudential question regarding the formalistic (...) nature of the law should be separated from the internal, halakhic question regarding the weight that should be assigned to formalistic, as opposed to substantive, considerations in halakha. The only way to understand the role of moral considerations in halakha as an historical phenomenon is through comprehensive inductive research on the role of moral considerations in halakha together with an investigation into the way experts in halakha viewed this role. (shrink)

Modern orthodoxy often perceives itself and is perceived by others as a movement which grants more importance to moral considerations in its interpretation of halakha and in its general worldview than does the ultra-orthodox movement. Accordingly, modern orthodox rabbis are often referred to as more “moderate” than their ultra-orthodox counterparts, a term which seems to imply that they are more open to moral arguments and more likely to adopt, or to develop, moral interpretations of halakha. A study of some central (...) figures like Walter Wurzburger, Eliezer Berkovits and Joseph B. Soloveitchick, however, indicates that the modern orthodox approach to morality is much more ambivalent. The purpose of this paper is to discuss this ambivalence and to speculate on its source. (shrink)

Jews and Arabs in Israel often agree that there is a reciprocal relation between rights and duties, though they derive opposing conclusions from it. Jews infer that Arabs are not entitled to the same rights and privileges as Jews are, since they do not shoulder an equal share of the duties. Arabs, by contrast, argue that they are under no duty to share the burdens, particularly military or national service, since their rights are not fully respected. The Paper assesses these (...) opposing claims and ends up rejecting both. It argues that the rights to which citizens are entitled do not depend on citizens carrying out all their social or legal duties, while the citizens’ duty to contribute to the welfare of their countries by national service or other means is generally not contingent on the countries’ fulfillment of its duties towards them. The Paper focuses on national service by Israeli Arabs and suggests that that there is nothing wrong in making such service mandatory though there are practical considerations against doing so and that making such service optional is an excellent alternative, one that should be encouraged as much as possible. (shrink)

Religion and Morality seeks to answer two fundamental questions regarding the relation between religion and morality. The first is the puzzle posed by Socrates, the so-called 'Euthyphro dilemma', which asks: is morality valuable by virtue of its intrinsic importance and worth, or is morality valuable because, and only because, God approves it and commands us to follow its dictates? The second question is raised by Kierkegaard in Fear and Trembling. He asks: Is a conflict between religion and morality possible? Does (...) God ever demand that we neglect our moral commitments? The discussion on these questions is divided into three parts. In the first two parts, we discuss the idea that morality depends on religion. The authors distinguish two types of dependence: strong dependence, according to which the very existence, or validity, of moral obligations depends on God's command, and weak dependence, according to which though morality itself is independent of God, God (or belief in God) is necessary to enable human beings to know their moral duties and to carry them out. The authors reject the strong dependence thesis, as well as most versions of the weak dependence. The third part of the book discusses different versions of the view that religion might conflict with morality. The authors reject this view, and show that very few religious thinkers would follow it all the way through to its ultimate consequences. The book has implications for the philosophy of religion, in its emphasis on the centrality of the moral element in religion, and for moral philosophy, in its highlighting, among other things, of the nature of moral judgments. (shrink)

Many believe that in?supreme emergencies? collectives are granted what I elsewhere call?special permissions?, permissions to carry out self-defensive acts which would otherwise be morally forbidden. However, there appears to be a continuum between non-emergency, emergency and supreme-emergency situations, which gives rise to the following problem: If special permissions are granted in supreme emergencies, they should apply, mutatis mutandis, to less extreme cases too. If, to save itself from wholesale massacre, a collective is allowed to kill thousands of noncombatants on the (...) side of the aggressor, then to save itself from a less murderous campaign, a collective should be allowed to kill several hundreds of noncombatants, and so on. But this conclusion seems to undermine the most fundamental ideas of just war theory. The purpose of the paper is to discuss possible solutions to this problem. I contend that a contractarian view of the war convention offers the most attractive solution, though, at the end of the day, I am not sure that it will work. (shrink)

The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient (...) for an act to be discriminatory. If people stand to directly benefit from some act, they cannot claim discrimination on the basis of such benefit. (shrink)