With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law. "_Bad Acts and Guilty Minds_... revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason.... It will help lawyers to better serve their clients and the society that permits attorneys to hang (...) out their shingles."—Edward N. Costikyan, _New York Times Book Review_. (shrink)

Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...) as a matter of life and death -- Why don't we punish all we condemn? -- The undercriminalization problem -- Multicriterial ranking and the undercriminalization problem -- Final thoughts. (shrink)

This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...) theory, some of which are explored in this essay. (shrink)

This essay offers a critique of Larry Temkin’s seminal new book, Rethinking the Good, at the heart of which is the highly counterintuitive claim that all things considered judgments are not transitive. I evaluate Temkin’s claims through the lens of social choice theory, pursue some of its larger implications and applications, and conclude with a very general worry having to do with the intimate connection between transitivity and logical consistency, namely whether, if Temkin is right, this would not bring all (...) moral reasoning to an abrupt halt. (shrink)

Role morality refers to the special obligations and rights that are associated with occupying certain professional roles—lawyer, doctor, journalist, soldier and others. There are a number of moral puzzles peculiar to this domain. To what extent can someone whose role involves acting in someone else’s behalf avoid being blamed for aiding him in actions he would be blamed for if acting outside that role? What is one to make of situations in which the performance of one’s role seems to call (...) for the actors to engage in conflicting behavior, for example, two lawyers representing two disputing clients? Is it coherent to speak of some roles as involving obligations to institutions rather than to people? In this chapter the problems are spelled out, the current debate surveyed and tentatively different conclusions from the established ones are suggested. (shrink)

We characterize general constraints under which rational choices are characterized by asymmetric revealed preferences. A key feature of our main characterization result is expressed by the leveling axiom. We also consider the special case of a law-abiding decision maker who chooses optimally among legal options. We show that the law does not necessarily satisfy the leveling axiom and, therefore, transitivity adds empirical content to law-abiding choices.

The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the government’s subjecting someone vulnerable to extreme temptation. It seems like something anyone might fall prey to. On the other hand, it is hard to explain why someone who actually commits, or attempts a crime, and who would be liable if anyone other than the government had tempted him, should escape punishment. His blameworthiness seems the same. This essay seeks to illuminate this puzzle (...) by showing how it parallels the long-standing debate surrounding the criminal law problem of the actio libera in causa—situations in which someone seeks to escape liability by contriving to put a certain defense in place, such as provoking his victim into attacking him, so that he can then kill him in self-defense. The parallels between the two problems do not serve to resolve either, but make them appear in a rather different light. (shrink)

For every legal concept X, there are clear instances exemplifying an X and clear instances exemplifying a non-X. The cases that come before courts are those that seem to lie in between, being neither clearly an X nor clearly a non-X. It is tempting to think that, being in-between, they should receive an in-between treatment, that is, to the extent that they are an X they should be treated as an X. If they are sixty percent toward being an X, (...) they should get sixty percent of the treatment due an X. But this presupposes that in-between cases can be rank-ordered at least roughly according to the degree of their X-ness. This Article explains why that generally cannot be done and why courts therefore go for an either/or approach: something gets treated either as an X or as a non-X. The explanation is rooted in the kind of phenomena explored in the theory of social choice and multi-criterial decision-making. (shrink)

This chapter contains sections titled: Why We Punish How We Punish What We Punish Whom We Punish Bibliography.

Der Aufsatz bietet einen Einblick in die Möglichkeiten, Normen zu umgehen - einer Praxis mit, wie gezeigt wird, langer Tradition. Die dargestellten Methoden reichen von einer Beeinflussung des Wissens des Täters, über das Heranziehen "anderer", seien es Menschen oder Maschinen, um die gewünschte aber verbotene Handlung vorzunehmen, bis hin zu Änderungen in den Kausalverläufen. Der Grund für diese Umgehungsmöglichkeiten liegt im Formalismus deontologischer Systeme, die im Gegensatz zu utilitaristischen Positionen gerade nicht auf die Folgen einer Handlung abstellen.

Negligence, the creation of an unjustifiable risk of harm, plays a pivotal role in both criminal and civil law. This article takes up two negligence-related problems unique to its role in the criminal law. The first has to do with its "harm" component, the second with its "unjustifiability" component. The first problem is why the criminal law distinguishes so sharply between negligent wrongdoing that results in harm and negligent wrongdoing that does not, when it does not distinguish equally sharply between (...) intentional wrongdoing that results in harm and intentional wrongdoing that does not. The answer has to do with a peculiar feature in the logic of intention and with the symmetric way we ascribe responsibility for blameworthy and praiseworthy actions. My second problem is why the criminal law judges the blameworthiness of negligent actions on the basis of the harm wrought rather than the gap between the harm wrought and the justification for risking it. The answer has to do with a more general feature of the criminal law, the refusal to recognize "partial defenses" and "partial offenses.". (shrink)

Libertarians believe certain things about rights and responsibilities, about when one person is to be held responsible for invading the rights of another. Libertarians also believe certain things about consent, about when someone should be held to a contract he has entered into. What they don't realize is that the first set of beliefs doesn't mix well with the second set of beliefs—that their intuitions about rights and responsibilities quite simply don't square with their intuitions about consent. Or so I (...) shall be trying to show in this essay. (shrink)

Libertarians believe certain things about rights and responsibilities, about when one person is to be held responsible for invading the rights of another. Libertarians also believe certain things about consent, about when someone should be held to a contract he has entered into. What they don't realize is that the first set of beliefs doesn't mix well with the second set of beliefs—that their intuitions about rights and responsibilities quite simply don't square with their intuitions about consent. Or so I (...) shall be trying to show in this essay. (shrink)

This essay explores the case against strict liability offenses as part of the more general debate about proportional punishment. This debate takes on a very different look in light of a formal result derived by the authors elsewhere, that is briefly summarized and whose implications are pursued here. Traditional objections that consequentialists have mounted against the deontologists’/retributivists’ defense of proportionality fall by the wayside, but a new threat to the proportionality requirement replaces it: the ease with which any such requirement (...) can be circumvented. (shrink)

You buy a lottery ticket and you lose. You are sorry, but you wouldn't dream of complaining. Why then do you feel entitled to complain in the following sorts of cases?

In this tribute to Steven T. Katz on the occasion of his seventieth birthday, Michael Zank and Ingrid Anderson present sixteen original essays written by senior and junior scholars in comparative religion, philosophy of religion, modern Judaism, and theology after the Holocaust, fields of inquiry where Steven Katz made major contributions over the course of his distinguished scholarly career. The authors of this volume, specialists in Jewish history, especially the modern experience, and Jewish thought from the Bible to (...) Buber, offer theoretical and practical observations on the value of the particular. Contributions range from Tim Knepper's reevaluation of the ineffability discourse to the particulars of the Settlement Cookbook, examined by Nora Rubel as an American classic. (shrink)

What is the relationship between the permissibility/impermissibility of the part and the permissibility/impermissibility of the whole? Does the moral or legal status of a constituent part of an actor’s course of conduct govern the status of the actor’s whole course of conduct or, conversely, does the moral and legal status of the actor’s whole course of conduct govern the status of the constituent parts? This broader issue is examined in the more specific contexts of the contrived defense and deterrent threat (...) doctrines. The latter doctrine concerns whether a prima facie impermissible act of carrying out a threatened action may be rendered permissible if embedded within an overall permissible course of action including the issuance of a deterrent threat that fails to induce compliance. The contrived defense doctrine addresses the permissibility of an actor who contrives or culpably causes the conditions of her own defense. This essay considers the claim—advanced by Claire Finkelstein and Leo Katz—that the contrived defense and deterrent threat doctrines are sufficiently related such that the preferable approach to each doctrine informs and supports the preferable approach to the other. In each, the permissible/impermissible status of the whole governs the status of the part. Regarding contrived defenses, the impermissibility of the actor’s whole course of conduct renders the otherwise permissible constituent part relating to the defense also impermissible. And regarding deterrent threats, the permissibility of the actor’s whole course of conduct renders the otherwise impermissible constituent parts also permissible. This essay challenges the claimed linkage between the contrived defense and deterrent threat doctrines by proposing hypothetical situations in which the claimed parallel doctrines collapse into each other. As a result, the application of the preferred approaches to each doctrine generates a contradiction. (shrink)

Bringing Human Rights Education to US Classrooms presents ten research-based human rights projects powerfully implemented in a range of U.S. classrooms, from elementary school through community college and university. In these classrooms, the students--primarily young people of color who have experienced or witnessed human rights abuses such as discrimination and poverty--are exposed for the first time to thinking about their own lives and the world through an empowering human rights lens. Unique in integrating theory and classroom practice, and in addressing (...) human rights issues with special relevance for communities of color in the US, Katz and Spero provide indispensable guidance for those studying and teaching human rights. (shrink)

This book offers an interdisciplinary approach to religion and psychology, including a compelling denouement that reveals new narratives about longstanding rumours in the early history of the psychoanalytic movement. This volume demonstrates that the first generation of psychoanalysts succeeded in writing themselves into the history of religious thought and sacralizing the origins of psychoanalysis.

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.

This chapter contains sections titled: I The Nature of Philosophy of Education and Conceptual Analysis II Peters' Conception of Education and some of its Normative Implications III Peters' Indeterminacy of Educational Aims and the Need for Sustained Dialogue References.

In this classic analysis, Leo Strauss pinpoints what is original and innovative in the political philosophy of Thomas Hobbes.

Dieses Buch untersucht die Art und Weise, wie die Musikschriftsteller Robert Schumann, E. T. A. Hoffmann und Ludwig Tieck versucht haben, den musikalischen Eindruck von Werken wie Beethovens Neunter Symphonie oder Mozarts Don Giovanni zu beschreiben. Der Autor Moritz Katz zeigt auf, wie diese Beschreibungen notwendigerweise unvollständig sind und wie die Sprache der Musik sich der Beschreibung entzieht. Dieses Buch wird Musikliebhaber und Studenten der Musik- und Literaturgeschichte ansprechen. This work has been selected by scholars as being culturally important, (...) and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The way Leibniz applied his philosophy to mathematics has been the subject of longstanding debates. A key piece of evidence is his letter to Masson on bodies. We offer an interpretation of this often misunderstood text, dealing with the status of infinite divisibility in nature, rather than in mathematics. In line with this distinction, we offer a reading of the fictionality of infinitesimals. The letter has been claimed to support a reading of infinitesimals according to which they are logical fictions, (...) contradictory in their definition, and thus absolutely impossible. The advocates of such a reading have lumped infinitesimals with infinite wholes, which are rejected by Leibniz as contradicting the part–whole principle. Far from supporting this reading, the letter is arguably consistent with the view that infinitesimals, as inassignable quantities, are mentis fictiones, i.e., (well-founded) fictions usable in mathematics, but possibly contrary to the Leibnizian principle of the harmony of things and not necessarily idealizing anything in rerum natura. Unlike infinite wholes, infinitesimals—as well as imaginary roots and other well-founded fictions—may involve accidental (as opposed to absolute) impossibilities, in accordance with the Leibnizian theories of knowledge and modality. (shrink)

Attempts to penetrate behind Plotinus' statements to the problem that faced his philosophy to show its function in bridging the inconsistencies that arise when existential considerations are not clearly distinguished.

This new translation of The Upanishads is at once delightfully simple and rigorously learned, providing today's readers with an accurate, accessible rendering of the core work of ancient Indian philosophy. The Upanishads are often considered the most important literature from ancient India. Yet many academic translators fail to capture the work's philosophical and spiritual subtlety, while others convey its poetry at the cost of literal meaning. This new translation by Vernon Katz and Thomas Egenes fills the need for an (...) Upanishads that is clear, simple, and insightful - yet remains faithful to the original Sanskrit. As Western Sanskrit scholars who have spent their lives immersed in meditative practice, Katz and Egenes offer a unique perspective in penetrating the depths of Eastern wisdom and expressing these insights in modern yet poetic language. Their historical introduction is suited to newcomers and experienced readers alike, providing the perfect entry to this unparalleled work. (shrink)

Recent feminist philosophy of language has highlighted the ways that the speech of women can be unjustly impeded, because of the way their gender affects the uptake their speech receives. In this chapter, I explore how similar processes can undermine the speech of a different sort of speaker: Indigenous communities. This involves focusing on Indigeneity rather than gender as the salient social identity, and looking at the ways that group speech, rather than only individual speech, can be unjustly impeded. To (...) do this, I make use of the notion of ‘discursive injustice’ that has been developed by Quill Kukla, and, with reference to three case studies, show how discursive injustice can effectively derail the speech of Indigenous communities. (shrink)

Leo Strauss is known primarily for reviving classical political philosophy through careful analyses of works by ancient thinkers. As with his published writings, Strauss’s seminars devoted to specific philosophers were notoriously dense, accessible only to graduate students and scholars with a good command of the subject. In 1965, however, Strauss offered an introductory course on political philosophy at the University of Chicago. Using a conversational style, he sought to make political philosophy, as well as his own ideas and methods, understandable (...) to those with little background on the subject. Leo Strauss on Political Philosophy brings together the lectures that comprise Strauss’s “Introduction to Political Philosophy.” Strauss begins by emphasizing the importance of political philosophy in determining the common good of society and critically examining the two most powerful contemporary challenges to the possibility of using political theory to learn about and develop the best political order: positivism and historicism. In seeking the common good, classical political philosophers like Plato and Aristotle did not distinguish between political philosophy and political science. Today, however, political philosophy must contend with the contemporary belief that it is impossible to know what the good society really is. Strauss emphasizes the need to study the history of political philosophy to see whether the changes in the understanding of nature and conceptions of justice that gradually led people to believe that it is not possible to determine what the best political society is are either necessary or valid. In doing so, he ranges across the entire history of political philosophy, providing a valuable, thematically coherent foundation, including explications of many canonical thinkers, such as Auguste Comte and Immanuel Kant, about whom Strauss did not write extensively in his published writings. (shrink)

"How Jewish is modern Jewish philosophy? The question at first appears nonsensical, until we consider that the chief issues with which Jewish philosophers have engaged, from the Enlightenment through to the late 20th century, are the standard preoccupations of general philosophical inquiry. Questions about God, reality, language, and knowledge have been as much concern to Jewish thinkers as they have been to others. In this textbook, which surveys the most prominent thinkers of the last three centuries, Claire Katz situates (...) modern Jewish philosophy in the wider cultural and intellectual context of its day, indicating how broader currents of British, French and German thought influenced its practitioners. But she also addresses the unique ways in which being Jewish coloured their output, suggesting that a keen sense of particularity enabled the Jewish philosophers to help define the whole modern era."--Page 4 of cover. (shrink)

Once shunned, interdisciplinarity has now become fashionable-but badly in need of unpacking. The transfer of ideas from one field to another requires full understanding of the ways in which they are used and understood, where they come from and where they are going. This book calls attention to certain linguistic tools that served scholars in the past and that are still relevant today-if properly employed. It offers a roadmap that inter-relates problems within and between the sciences-human and natural. Throughout, the (...) book interpolates excerpts from scholarly texts that light the road. Spelling out how research may go beyond the mere assembly of facts, it invites the reader to join a sequence of steps that highlights the processes which problem solving entails. Ruth Katz (Ph.D. Columbia University) is one of the founding members of the Department of Musicology at the Hebrew University of Jerusalem. Upon receiving the prestigious Israel Prize in 2012, her work was cited for shedding light on such things as the interdisciplinary processes implicated in "the origin of opera, the history of Western notation, the relationship of stylistic change to the history of ideas, music's place in philosophy, and the role of musical aesthetics in cognition." She founded the Excellence Program at the University and co-founded the Laboratory for the study of music. Her most recent book, hailed as "magisterial," is entitled A Language of Its Own: Sense and Meaning in the Making of Western Art Music (University of Chicago Press, 2009). It is an analysis of the decisions that underlay the crafting and understanding of stylistic change. (shrink)

The Leo Strauss transcript project -- Editor's introduction: Strauss, Nietzsche, and the history of political philosophy -- Editorial headnote -- Introduction: Nietzsche's philosophy, existentialism, and the problem of our age -- Restoring nature as ethical principle: Zarathustra, prologue -- The creative self: Zarathustra, part 1, 1-8 -- The true individual as the highest goal: Zarathustra, part 1, 9-15 -- Postulated nature and final truth: Zarathustra, part 1, 16-22 -- Truth, interpretation, and intelligibility: Zarathustra, part 2, 1-12 -- Will to power (...) and self-overcoming: Zarathustra, part 2, 15-20 -- Summary and review: fusing Plato and the creative self -- Greek philosophy and the Bible; nature and history: Zarathustra, part 2, 20-22 -- Eternal recurrence: Zarathustra, part 2, 21; part 3, 1-13 -- Survey: Nietzsche and political philosophy -- The goodness of the whole, Socratic and Heideggerian critiques: Zarathustra, part 4-12 -- Creative contemplation: Zarathustra, part 3, 13 -- Restoring the sacred and the final question: Zarathustra, part 4. (shrink)

He is one of the wisest men of all time. Since the time of the Bible, he is the only man to be celebrated by the three major Western religions of Judaism, Christianity and Islam. His name is Maimonides. A philosopher, rabbi, physician, religious thinker and logician, today this sage is considered among the greatest thinkers. The Secret Life reveals his ancient teachings in modern terms. In The Secret Life, you will discover true wisdom and success in every aspect of (...) life comes not from our public persona and life -- as so many believe -- but in our secret thoughts and actions. Maimonides shows how every person can find their true and best self, not only deriving happiness for themselves, but spreading that bliss to everyone they touch. The benefits of living the Secret Life are countless. Changing your approaches to giving charity, to seeking justice, to loving others, and to believing in yourself enough to find and act on your true calling will lead you to remarkable heights. You will find a new resilience against the difficulties and turmoil in life, a new inner power that will keep you focused on the things that really matter, and an inner peace few will ever have. The Secret Life is, quite literally, life changing. "Whatever you do should be done out of nothing else but pure love." -- Maimonides Jeffrey Katz is a lifelong student and teacher of rationalist religious philosophy. He became fascinated in his youth by his discovery of the ancient wisdom of Maimonides, and received rabbinic ordination while focusing on disseminating the ancient, life-changing wisdom he had uncovered. He is a practicing attorney, has appeared on national television on a broad range of issues, and has lectured widely. (shrink)

We develop an evidence-based theoretical account of how widely shared cultural beliefs about gender, race, and class intersect in interpersonal and other social relational contexts in the United States to create characteristic cultural “binds” and freedoms for actors in those contexts. We treat gender, race, and class as systems of inequality that are culturally constructed as distinct but implicitly overlap through their defining beliefs, which reflect the perspectives of dominant groups in society. We cite evidence for the contextually contingent interactional (...) “binds” and freedoms this creates for people such as Asian men, Black women, and poor whites who are not prototypical of images embedded in cultural gender, race, and class beliefs. All forms of unprototypicality create “binds,” but freedoms result from being unprototypical of disadvantaging rather than advantaging statuses. (shrink)