In an age in which the regulatory state frequently deals with spending, licensing, and employment, the use of allocating powers is perceived as an appealing means by which to prevent discriminatory practices against individuals within illiberal communities. In addition to its easy availability, conditional funding is regarded as both an effective and—in comparison with legal prohibitions—less drastic tool for the prevention of discrimination. Such conditions are thought to be efficient because they increase the relative cost of the discriminatory practice and (...) in doing so create an economical incentive to avoid discrimination. Moreover, these conditions are thought to be less-coercive , because they still allow those subject to them to choose between the more expensive option of discrimination and the cheaper option of non-discrimination. In other words, these conditions are perceived as "Less Drastic Means." In this Article, I will argue that such a perception is false. When applied to the poor such conditionality is not less coercive than prohibitions in criminal law. It is more than reasonable to assume that attempts to rectify this flaw by exempting poor people from conditional funding will render such funding ineffective in preventing discrimination. In the final analysis—when one takes into account both the problem of the commodification of values and the inequality between rich and poor—the use of conditional finding as a means of promoting liberal values will, in most cases, be unjust. If we believe that the antidiscrimination principle has a lexical priority over a parent’s right to educate their children in accordance to their culture, we should choose the path of prohibition and abandon that of conditional funding. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

The Article defends against various objections, the practice of funding religious schools and other faith-based social service providers, but only on condition that they comply with various public regulations and requirements. Critics of conditional funding—including Moshe Cohen- Eliya—argue that conditional funding is coercive and unfair to poorer religious parents, is often divisive or ineffective, and it threatens the autonomy and integrity of religious communities by putting a price on some of their religious practices; it would be better (...) simply to prohibit the disfavored educational practices targeted by funding conditionalities. I argue that typical funding conditionalities are not objectionably coercive as long as they are designed to advance defensible public purposes. Unfairness to the poor should be addressed by general redistributive policies. The Article allows that funding conditionalities might undermine religious communities’ integrity, and cause social divisions, but that these concerns are speculative and not an adequate basis for disallowing in advance conditional public funding of faith-based institutions. (shrink)

"In the gorgeous and rugged terrain of Jewish thought, there is no higher mountain to climb than Maimonides, and no more slippery or exhilarating ascent. Halbertal has made it all the way to the top, and his survey of the whole of the Maimonidean landscape is trustworthy and masterful. This is the richest and most intellectually sophisticated book on Maimonides I have ever read."--Leon Wieseltier "In this learned and penetrating work, Halbertal offers us a Maimonides who draws on the dominant (...) Greco-Islamic thought of his time while creating a system of thought that is fully Jewish. He shows us how the early "Commentary on the Mishnah" links up with the "Mishneh Torah" and with the "Guide of the Perplexed," written at the end of his life, to form an unexpected and radical intellectual unity. Beautifully written, "Maimonides" brings out both Maimonides's intellectual success and the paradoxical critical approaches to him after his death."--David J. Wasserstein, Vanderbilt University "Insightful and learned. Halbertal is perhaps the leading philosopher of Jewish law today. His book on Maimonides, like his other writings, reflects wide erudition and is written clearly and sharply."--Warren Zev Harvey, professor emeritus, Hebrew University of Jerusalem "Displaying the marvelous depth and clarity that mark all his work, Halbertal explains in abundant detail the transformations that Maimonides sought to effect in the Jewish world. He provides incisive interpretations of both legal and philosophical writings, yet he is also a biographer, binding together Maimonides's life, self-perception, and intellectual agenda. This is an exceptionally rich book, one that offers fresh perspectives for experts and a highly accessible introduction for general readers."--David Shatz, Yeshiva University "An outstanding and thrilling portrait of Maimonides. Halbertal's analytic lucidity and psychological depth are singular, and his talents are abundantly apparent on every page. This is an extraordinary book."--Menachem Lorberbaum, Tel Aviv University. (shrink)

In the latter part of the fifteenth century, a Jewish translator, working together with a Slavic amanuensis, translated into the East Slavic language of the Grand Duchy of Lithuania three medieval Hebrew translations of Arabic philosophical texts: the Logical Terminology, a short work on logic attributed to Maimonides (but probably by a different medieval Jewish author); and two sections of the Muslim theologian Al-Ghazali's famous Intentions of the Philosophers. Highlighting the unexpected role played by Jewish translators as agents of cultural (...) transmission in the heady messianic atmosphere leading up to the year 1492, these texts drew the attention of the Orthodox Church authorities as being in the possession of the enlightened heretical sect known as the Judaizers, which had emerged in Novgorod and spread to Moscow. Reflecting three and even four layers of translation, Prof. Moshe Taube's new triple-language critical edition of the Logika of the Judaizers displays the Slavic texts alongside the Hebrew translations on which they are based and accompanies them with a modern English translation. In his comprehensive introduction and commentary, Taube surveys earlier scholarly efforts to identify the provenance and purport of the translations, discusses the linguistic and textological issues raised by these early Ruthenian texts, puts forward the likely dissimilar motivations of the Jewish translator and the Christians who commissioned the work, and reveals the translator's probable identity. The present publication, a long-awaited desideratum, will be of interest not only to historians of the Great Duchy of Lithuania and of the principality of Muscovy, but also to scholars of Jewish history and of the history of philosophy and science, as well as to linguists studying the history of the Belorussian, Ukrainian and Russian languages. (shrink)

This book presents G. A. Cohen's Gifford Lectures, delivered at the University of Edinburgh in 1996. Focusing on Marxism and Rawlsian liberalism, Cohen draws a connection between these thought systems and the choices that shape a person's life. In the case of Marxism, the relevant life is his own: a communist upbringing in the 1940s in Montreal, which induced a belief in a strongly socialist egalitarian doctrine. The narrative of Cohen's reckoning with that inheritance develops through a (...) series of sophisticated engagements with the central questions of social and political philosophy. In the case of Rawlsian doctrine, Cohen looks to people's lives in general. He argues that egalitarian justice is not only, as Rawlsian liberalism teaches, a matter of rules that define the structure of society, but also a matter of personal attitude and choice. Personal attitude and choice are, moreover, the stuff of which social structure itself is made. Those truths have not informed political philosophy as much as they should, and Cohen's focus on them brings political philosophy closer to moral philosophy, and to the Judeo-Christian ethical tradition, than it has recently been. (shrink)

Kant’s notorious remark about the impossibility of there ever being a Newton of a blade of grass has often been interpreted as a misguided pre-emptive strike against Darwin and evolutionary theories in general: 'It would be absurd for humans even to make such an attempt or to hope that there may yet arise a Newton who could make comprehensible even the generation of a blade of grass according to natural laws that no intention has ordered; rather, we must absolutely deny (...) this insight to human beings. (CPJ 5:400) My aim in this chapter is to re-evaluate this claim in the context of Kant’s account of organic generation and argue that, contrary to what is usually thought, it does leave room for the possibility of evolution. After spelling out the constraints Kant identifies for any scientific study of the history of living beings, I examine his theory of generation and draw its implications for biological heredity, species diversity, and the role played by environmental factors in organic development. On this basis, I conclude that first, evolution is a possible albeit far-fetched hypothesis for Kant; second, Darwin’s theory of natural selection would have turned a far-fetched possibility into a plausible candidate; and third, it would not have disposed of the need for teleology. This is why, I argue, Darwin could never have been a Newton of a blade of grass. (shrink)

Students of perception have long puzzled over a range of cases in which perception seems to tell us distinct, and in some sense conflicting, things about the world. In the cases at issue, the perceptual system is capable of responding to a single stimulus — say, as manifested in the ways in which subjects sort that stimulus — in different ways. This paper is about these puzzling cases, and about how they should be characterized and accounted for within a general (...) theory of perception. After rehearsing the sort of case at issue (§1), I’ll examine critically some of the strategies by which philosophers and perceptual psychologists have attempted to account for them (§2). Finally, I’ll present an alternative computational account of the puzzle cases, argue that this view is superior to its competitors, and examine some of its implications (§3). (shrink)

In Judaism Straight Up, Moshe Koppel explores the central differences between traditional societies--including traditional Judaism--and contemporary cosmopolitan ones. He explains everything you always wanted to know about the subtleties of Jewish morality, tradition, and belief, and how these have unfolded to beat cosmopolitanism at its own game: advancing cooperation, fairness, and freedom. Written with incisiveness and droll wit--and a scientific sensibility that draws on economics, game theory, and other disciplines--Judaism Straight Up reveals the secret of Jewish traditionalism's endurance."--Page [4] (...) of cover. (shrink)

We live in a market system with much economic inequality. This may not be an essential characteristic of market systems but seems historically inevitable. How we should evaluate it, on the other hand, is contentious. I propose that bleeding heart libertarianism provides the best diagnosis and prescription.

This chapter contains section titled: I II III IV V VI VII VIII IX X XI XII Coda Appendix Acknowledgements.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1971.

Most scholars have not assigned much interpretive importance to the specific use of the term ‘persuasion’ in the cosmology of Plato’s Timaeus. This paper suggests understanding cosmological ‘persuasion’ in conjunction with ‘force,’ another trait of divine agency in the Timaeus. It analyses the nature of intelligent causation in the cosmology of the Timaeus, particularly in the construction of the cosmic body and soul. Then, it gives a detailed characterization of the causation of necessity, appearing in the Timaeus in three different (...) versions, and relates it to the complex notion of intelligent agency. Ultimately, it claims that the cosmic music in the Timaeus, the primary agent of ordered causation in the cosmos, functions on two levels of conflict with the disorder of the sensible aspect of the world. (shrink)

This book describes Carmeli's cosmological general and special relativity theory, along with Einstein's general and special relativity. These theories are discussed in the context of Moshe Carmeli's original research, in which velocity is introduced as an additional independent dimension. Four- and five-dimensional spaces are considered, and the five-dimensional braneworld theory is presented. The Tully-Fisher law is obtained directly from the theory, and thus it is found that there is no necessity to assume the existence of dark matter in the (...) halo of galaxies, nor in galaxy clusters.The book gives the derivation of the Lorentz transformation, which is used in both Einstein's special relativity and Carmeli's cosmological special relativity theory. The text also provides the mathematical theory of curved space?time geometry, which is necessary to describe both Einstein's general relativity and Carmeli's cosmological general relativity. A comparison between the dynamical and kinematic aspects of the expansion of the universe is made. Comparison is also made between the Friedmann-Robertson-Walker theory and the Carmeli theory. And neither is it necessary to assume the existence of dark matter to correctly describe the expansion of the cosmos. (shrink)

Wes Morriston contends that William Lane Craig's argument for the impossibility of a beginningless past results in an equally good argument for the impossibility of an endless future. Craig disagrees. I show that Craig's reply reveals a commitment to an unmotivated position concerning the relationship between actuality and the actual infinite. I then assess alternative routes to the impossibility of a beginningless past that have been offered in the literature, and show that, contrary to initial appearances, these routes similarly seem (...) to support the impossibility of an endless future. (shrink)

Counseling Ethics for the 21st Century prepares students to address ethical issues arising in contemporary counseling practice. Drawing on their own clinical and practical experiences, authors Elliot D. Cohen and Gale Spieler Cohen present detailed, realistic, and engaging clinical case studies along with a comprehensive five-step model that can be used to manage the complex ethical problems raised throughout the book. Each chapter focuses on particular virtues in the context of examining a particular counseling issue, including online counseling, (...) digital record keeping, and social media. Students will be empowered to define problems, identify relevant facts, conduct ethical analyses, and make the best decisions for their clients. (shrink)

This book examines Aristotle's metaphysics and his account of nature, stressing the ways in which his desire to explain observed natural processes shaped his philosophical thought. It departs radically from a tradition of interpretation, in which Aristotle is understood to have approached problems with a set of abstract principles in hand, principles derived from critical reflection on the views of his predecessors. A central example of the book interprets Aristotle's essentialism as deriving from an examination of the kinds of unity (...) that various sorts of things have: elemental motion, alteration, transformation and the growth of organisms. An important conclusion of this argument is that an essence may, under certain circumstances, lack some of its essential attributes. This is a major re-evaluation of Aristotle's metaphysics that will interest philosophers, classicists and historians of science. (shrink)

Almaatouq et al.'s prescription for more integrative experimental designs is welcome but does not address an equally important problem: Lack of adequate theories. We highlight two features theories ought to satisfy: “Well-specified” and “grounded.” We discuss the importance of these features, some positive exemplars, and the complementarity between the target article's prescriptions and improved theorizing.

Questions about the ontology of color matter because colors matter. Colors are extremely pervasive and salient features of the world. Moreover, people care about the distribution of these features: they expend money and effort to paint their houses, cars, and other possessions, and their clear preference for polychromatic over monochromatic televisions and computer monitors have consigned monochromatic models to the status of rare antiques. The apparent ubiquity of colors and their importance to our lives makes them a ripe target for (...) ontological questions such as the following: " • What is the nature of colors? " • Are they, as they seem to be, properties of objects? (shrink)

In his early teaching, from the 1920s through the 1950s, Yeshayahu Leibowitz (1903-1994) stands out as one of the most fascinating religious Zionist thinkers. He strives to establish a Jewish democratic state whose democratic aspects will be channeled toward the establishment of an exemplary society, one that can express its religious roots within a modern democratic context. Leibowitz thus attaches enormous importance to democracy in terms of both its political components and its modern Orthodox aspirations. In this respect, he is (...) the most radical spokesman of the Neo-Orthodox notion of Torah with Derekh Eretz , as translated into religious-Zionist terms. (shrink)

This study examines the theory of media systems and the models offered by Hallin and Mancini (2004) by focusing on critical junctures in which changes occur. Based on critical political economy and historical institutionalism, we analyzed the Israeli media system transition in the 1980s and early 1990s, seeking to understand the nature of this change and its theoretical implications. Our findings show a combination of government, market, and public forces in a unique situation where political, economic, and social circumstances change. (...) Accordingly, we conclude that a distinction between politics and economy, as the media system theory and, specifically, the liberal model suggests, is invalid under neoliberalism. We argue that research attention should be paid to critical junctions, and that a closer analysis of government and market interrelations can enrich theories of media systems. (shrink)