Al-Fārābī's lost commentary on Aristotle's Ethica Nicomachea is without doubt one of the most sorely missed lost works of the Islamic falāsifa. In part, this is because the commentary was in some respects a scandal, and scholars accordingly believe it may hold the key to resolving present-day disagreements on how to interpret al-Fārābī's views as expressed in his independent treatises. Perhaps al-Fārābī's most shocking or scandalous statement is that preserved by the Hispano-Muslim philosophers Ibn Bājja, Ibn Ṭufayl, and Ibn Rushd. (...) According to them al-Fārābī says in his commentary on Aristotle's Ethica Nicomachea that happiness is to be achieved only in this life, not in the afterlife; that there is no happiness but political happiness; and that union with the active intellect – generally considered the highest goal of human existence by the philosophers – is impossible. This paper addresses the following questions: What exactly is the debate about? Why is the question of immortality or conjunction related to Aristotle's Ethica Nicomachea? And why was it so controversial to say, in the context of the Ethica Nicomachea, that there is no happiness but political happiness? Although the bulk of al-Fārābī's commentary is still lost, I have discovered two quotations of it in Hebrew manuscripts. As I will argue in this paper, these newly-discovered quotations – which are included with an English translation in the appendix – can shed light on the mysteries concerning al-Fārābī's commentary. Résumé Le commentaire perdu d'al-Fārābī à l’ Ethique à Nicomaque d'Aristote est sans conteste, parmi les ouvrages perdus de philosophes islamiques, l'un de ceux dont on regrette le plus l'absence. Cela s'explique notamment par le caractère à certains égards scandaleux de ce commentaire, dont les spécialistes attendent dès lors qu'il recèle la clé pour résoudre les désaccords actuels quant à l'interprétation à donner aux idées formulées par cet auteur dans ses traités personnels. La thèse peut-être la plus choquante ou scandaleuse d'al-Fārābī est celle qui est préservée par les philosophes hispano-islamiques Ibn Bājja, Ibn Ṭufayl et Ibn Rushd: selon eux, il affirme, dans son commentaire à l’ Ethique à Nicomaque, que le bonheur ne saurait se réaliser qu'en cette vie et non dans l'au-delà, qu'il n'y a pas de bonheur autre que le bonheur politique, et que l'union à l'intellect agent – généralement tenue par les philosophes pour être la fin suprême de l'existence humaine – est impossible. Cet article traite les questions suivantes: quel est exactement l'enjeu de ce débat? Pourquoi les questions de l'immortalité et de la conjonction sont-elles liées à l’ Ethique à Nicomaque? Et en quoi était-il si problématique d'affirmer, en référence à cette œuvre, qu'il n'y a pas de bonheur autre que le bonheur politique? Même si le corps du commentaire d'al-Fārābī est encore perdu, j'en ai découvert deux citations dans des manuscrits hébreux. Comme je le soutiens ici, ces citations récemment découvertes – données dans l'appendice avec leur traduction anglaise – font un peu de lumière sur les mystères du commentaire d'al-Fārābī. (shrink)
The legitimacy of the Zionist project--establishing a Jewish homeland in Palestine--has been questioned since its inception. In recent years, the voices challenging the legitimacy of the State of Israel have become even louder. Chaim Gans examines these doubts and presents an in-depth, evenhanded philosophical analysis of the justice of Zionism.
"The last third of the twentieth century," Gerard Hauser writes, was marked by "a flurry of intellectual work aimed at theorizing rhetoric in new terms" (2001, 1). The year 1958 was key in this flurry, with five major works appearing on a rhetorically inflected philosophy and theory of argumentation: Hannah Arendt's The Human Condition (on the relationship between the vita contemplativa and vita activa); Michael Polanyi's Personal Knowledge (on the role of tacit knowledge, emotion, and commitment in science); Stephen Toulmin's (...) Uses of Argument (on the use of argument in nonformal contexts); Walter Ong's Ramus, Method, and the Decay of Dialogue: From the Art of Discourse to the Art of Reason (on the history of the .. (shrink)
This book discusses the justifications and limits of cultural nationalism from a liberal perspective. Chaim Gans presents a normative typology of nationalist ideologies, distinguishing between cultural liberal nationalism and statist liberal nationalism. Statist nationalisms argue that states have an interest in the cultural homogeneity of their citizenries. Cultural nationalisms argue that people have interests in adhering to their cultures and in sustaining these cultures for generations. Gans argues that freedom- and identity-based justifications for cultural nationalism common in literature can (...) only support the adherence thesis, while the historical thesis could only be justified by the interest people have in the long-term endurance of their personal and group endeavors. The Limits of Nationalism examines demands often made in the name of cultural nationalism, such as claims for national self-determination, historical rights claims to territories and demands entailed by cultural particularism as opposed to cultural cosmopolitanism. (shrink)
Substantial research demonstrates that ethical leaders improve a broad range of outcomes for their employees, but considerably less attention has been devoted to the performance and success of the leaders themselves. The present study explores the extent to which being ethical relates to leaders’ performance and promotability. We address this question by examining ethical leadership from the two ethical perspectives most common in Western traditions—i.e., the “right” and the “good”—and whether one might be more closely associated than the other with (...) performance and promotability evaluations. Results from 117 employee-supervisor-manager triads show that supervisors with a deontological outlook are more likely to be seen as ethical leaders and that utilitarian leaders are more likely to earn higher performance evaluations. We discuss the implications of these findings for research on ethical leadership. (shrink)
This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by (...) values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilties toward his or her political community. (shrink)
La rhétorique n’est pas la discipline qui s’occupe essentiellement des figures de rhétorique : celles-ci ne sont plus qu’un outil parmi d’autres pour persuader et convaincre un auditoire. Dans toute sa généralité, elle constitue une théorie de l’argumentation, qui se sert de raisonnements qu’Aristote qualifiait de dialectiques. En ce sens la rhétorique, qui englobe la dialectique des Anciens, est le pendant de la logique formelle, car c’est l’instrument indispensable de toute pensée qui ne se réduit pas à un calcul. Toute (...) délibération, toute discussion, toute controverse, toute présentation d’idées nouvelles qui fait appel à la raison, est obligée d’y recourir. La rhétorique est ainsi l’instrument indispensable de toute pensée et de toute philosophie critique.L’étude des techniques d’argumentation, et de leurs présupposés, longtemps négligée par le rationalisme classique, d’inspiration mathématique, est présentée dans ses perspectives historiques et philosophiques. (shrink)
Theoretical interest in Perelman's thought is linked, for the main part, to the place he accords to the notion of argumentation, defined in his work in reference to the Greek philosophy, as represented by Plato and Aristotle, in contrast to the assertions of the sophists and rhetors. He separates the notion of demonstration and that of argumentation and supports his position on an analysis of the debates which were common in the sophistic and rhetoric period.It is in different ways that (...) the notion of argumentation comes into the work of Perelman. By taking up again the analysis of justice with the aim of removing the various strata of meaning which had accumulated on it as a result of the reductions of Plato and the dialectical analyses of Aristotle, Perelman showed that the theory of argumentation transcends the domain of right in which it is rooted and ought not be abandoned to lawyers only. Thus, he follows a train of thought to which he accords a certain nobilty in the name of the new rhetoric. This manner of considering the relationship of the moderns to the Greeks leads him to set up the notion of argumentation in his own texts, where it demonstrates a logical retreat which enables him to work back from Aristotle to Plato and from him to the rhetors and sophists, whose discourse is defined on the level of the self-referential.The exemplary character of Perelman's work is on account of this rehabilitation of argumentation in the old rhetoric which will be examined here. (shrink)
Can states' immigration policies favor groups with whom they are culturally and historically tied? I shall answer this question here positively, but in a qualified manner. My arguments in support of this answer will be of distributive justice, presupposing a globalist rather than a localist approach to justice. They will be based on a version of liberal nationalism according to which individuals can have fundamental interests in their national culture, interests which are rooted in freedom, identity, and especially in ensuring (...) the meaningfulness of their endeavor. The prevalent means for protecting these interests is the right to national self-determination. Many believe that this right should be conceived of as a right to a state. I shall show that this conception of self-determination implies purely nationalist immigration policies. I shall present reasons for rejecting such policies, reasons which together with other reasons form a strong case against the statist interpretation of the right to self-determination. They form a strong case in favor of understanding self-determination as a bundle of privileges to which nations are entitled within the states dominating their homelands. Some of these privileges have to do with immigration policies. I shall argue for three principles which should regulate these immigration privileges and discuss the relation between them and Israel's Law of Return. (shrink)
While the practice of Western medicine is known today to doctors of all ethnic and religious groups, its standards are subject to the availability of resources. The medical ethics guiding each doctor is influenced by his/her religious or cultural background or affiliation, and that is where diversity exists. Much has been written about Jewish and Christian medical ethics. Islamic medical ethics has never been discussed as an independent field of ethics, although several selected topics, especially those concerning sexuality, birth control (...) and abortions, have been more discussed than others. Islamic medical ethics in the 20th century will be characterised on the basis of Egyptian fatawa (legal opinions) issued by famous Muslim scholars and several doctors. Some of the issues discussed by Islamic medical ethics are universal: abortions, organ transplants, artificial insemination, cosmetic surgery, doctor-patient relations, etc. Other issues are typically Islamic, such as impediments to fasting in Ramadan, diseases and physical conditions that cause infringement of the state of purity, medicines containing alcohol, etc. Muslims' attitudes to both types of ethical issues often prove that pragmatism prevails and the aim is to seek a compromise between Islamic heritage and the achievements of modern medicine, as long as basic Islamic dogma is not violated. (shrink)
This interdisciplinary study brings together research on audiences’ participation in the media, and an up-close exploration of communicative entitlement of and for such participation. Viewing visitor books as situated, public media, the study asks two related questions: how museums and institutions that employ this medium frame participation of ‘ordinary’ people in the public sphere, and how, in return, visitors variously articulate their participation. The article first examines the context in which visitor books mediate participation, and how museums frame them so (...) as to invite ‘authentic’ expressions by ‘ordinary’ visitors. The analysis depicts a taxonomy of participation, evincing five types of entitlements found in visitor book texts. These entitlements shed light on how participation in the public sphere is both understood and pursued. The article responds to calls for empirically rich studies on mediation practices and processes. It adds to the literature on communicative entitlements by examining an under-researched hitherto public medium and by illuminating a shift from talk-in-interaction to the context of text-in-interaction. (shrink)
Postmortem examinations have recently become common practice in Western medicine: they are used to verify the cause of death and to obtain additional scientific information on certain diseases, as well as to train medical students. For religious people of the monotheistic faiths postmortems present several ethical questions even though the advantages attributed to postmortems in the West are also acknowledged by Jews, Christians and Muslims. The Islamic way of dealing with such questions will be surveyed via contemporary fatawa (legal opinions) (...) issued primarily by Egyptian scholars; Islamic law, which was formulated in the eighth to ninth centuries, did not speak of postmortems. I will therefore depict the means whereby contemporary scholars approach postmortems in the absence of clear legal reference. The difficulties that postmortems create for Muslims at present will be weighed against some shar i instructions which may help circumvent them. While the ethical and religious debate continues, postmortems seem to be accepted but not, however, without certain reservations. (shrink)
Positivism and, especially, Max Weber's vision of the modern disen chantment of the world are incoherent because they separate human culture from the environment in which human agents pursue their life- projects. The same problem is manifested, more blatantly, in current social studies of science, which take the project of disenchantment further by disenchanting science itself. A different image of science is traced to classical empiricism, whose paradigm of learning is belief and, more specifically, the practical nature of the believer's (...) experience of the environment of his or her actions. The believer's ecological imagery of the world, as it was elaborated by classical empiricism, provides the means to transcend the disenchanted image of the world and its prob lems. (shrink)
In the past generation, restitution law has emerged as a global phenomenon. From its Oxbridge home, restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In contrast, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution, is meager. Similarly, while restitution, equity and tracing cases receive considerable treatment (...) at the highest levels of the English judiciary, US courts seem uninterested in these issues, rarely producing the theory-laden opinions that have become quite common in the House of Lords. The situation is particularly curious because restitution is generally thought to be the invention of late nineteenth-century American scholars. This article explains this divergence. I argue that the Commonwealth restitution discourse is largely a product of pre- or anti-realist legal thought which generates scepticism within the American academic-legal establishment. The article identifies the two dominant camps in American private law thought—left-leaning redistributionalists and the centre-right legal economists—and shows that neither has any use for the Commonwealth's discourse. I conclude by analysing the emerging drafts of the Restatement of Restitution and forecast the future of American restitution law. (shrink)
While the study of Newton's religious views has been continuously expanding, it has not been brought to bear directly on Newton's career as an ‘experimental philosopher’. Historical perspectives on his optical experiments in particular affirm the historiographic separation between the religious and scientific aspects of his work. In this paper I examine the practical implication of Newton's theology of dominion on his early experiments on light and colours. While his predecessors had made experiments to collect evidence, I show that Newton (...) conceived experimental research as a discipline of the practical understanding of the structure of light and the origins of colours. His conception of experimental reasoning followed his practical reflections on human beings as agents who belonged to God's dominion and who were created to serve its divine ends. These reflections suggested, more specifically, that the aim of natural philosophy was the discovery of divine rules that instrumentally constrained and facilitated human conduct in general, and perceptual judgement in particular. I show, moreover, that Newton's endeavour to subordinate experiment to divine worship had been foreshadowed by Boyle's writing on the theory and practice of the experimental philosophy. (shrink)
Positivism and, especially, Max Weber's vision of the modern disen chantment of the world are incoherent because they separate human culture from the environment in which human agents pursue their life- projects. The same problem is manifested, more blatantly, in current social studies of science, which take the project of disenchantment further by disenchanting science itself. A different image of science is traced to classical empiricism, whose paradigm of learning is belief and, more specifically, the practical nature of the believer's (...) experience of the environment of his or her actions. The believer's ecological imagery of the world, as it was elaborated by classical empiricism, provides the means to transcend the disenchanted image of the world and its prob lems. (shrink)
