The socio-economic “pro-democracy” revolutions which are currently sweeping the Soviet Union and Eastern Europe in the name of glasnost and perestroika have virtually stunned all but the best informed in the Western World. The demand for reform throughout the so-called “Soviet block,” and the concomitant impatience with the progress of these changes in the economic and basic social fabric of these societies, have come to exhibit an urgency which few observers, if any, had been able to forecast a few short (...) years ago. The declarations by some members of the U.S. Congress that these changes are indicative of the fact that the cold war has been won by the West, and that we are now witnessing the precipitous collapse of Marxist ideology, together with the widespread sentiment that there is “no going back” to the repressive Leninist-inspired regimes of Stalin, Khruschev, and Brezhniev are all synergistic to the creation of a sentiment of optimism that indeed we have turned the corner in East-West relations. To a world which has lived under the long night of thermonuclear extinction for over four decades, the feeling accompanying the prospect of a possible end to the nightmare of Armageddon further enhances the euphoric sentiment. (shrink)

This paper details a combined graduate/undergraduate course on the Holocaust. This course was designed to cover the legal, social, political, and moral dimensions of the Holocaust, as well as to familiarize students with its significant historical details and persons. Special attention was devoted to the question of why the perpetrators of the Holocaust should be brought to justice, making connections to contemporary forms of prejudice and discrimination and emphasizing that such efforts at justice are not an issue between Jews and (...) Holocaust perpetrators but a matter of upholding the rule of law. The specifics of the legal cases brought against various Nazis in order to try them as war criminals were examined through both modern and contemporary theoretical frameworks (e.g. early legal positivism vs. decisionism), and other key philosophical themes were introduced throughout the term in order to provide frameworks for discussion and critique. The author reviews course requirements and discusses the implicit anti-Semitism expressed by students, concluding with a brief consideration of the value of such a course beyond the classroom. (shrink)

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. Choice In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume (...) of original essays reviews the foundations of constitutionalism in classical liberal thought and looks at contemporary philosophical perspectives on a wide range of constitutional issues. Written by a distinguished group of philosophers and constitutional scholars, it provides a deeper understanding of the U.S. Constitution as a political instrument and examines the idea of constitutionalism as it functions in our modern world. (shrink)

In my article I defend the claim that terrorism is morally indefensible, irrespective of the religious or political circumstances and motives behind the actions of its agents and sponsors. My argument is based on the indefeasible presupposition of modern civilization and our human rights culture that, like the prohibition against murder in the law of crimes, the deliberate killing of innocent civilian non-combatants—the principle target of terrorists—destroys the cardinal value of the sacrosanctity of all individual human life by making a (...) dignified or rights-respecting, flourishing social life impossible. In my view the Islamist terrorist network of Al Qaeda (and some Palestinian groups like Hamas and Islamic Jihad) offers a paradigm case of modern terrorism due to the success of their attack on the American homeland on 9/11 (2001).Accordingly, I suggest the outlines of a philosophical critique of some common contemporary views which often thwart a common defense against terrorism because they blur the moral clarity of those who ordinarily respect the dignity and basic rights of persons as well as the rule of law. The views I target include a type of moral relativism, a postmodernist perspectivism, and the “Blowback” thesis currently circulating in some official military and political precincts. In addition, I explain why terrorism so deeply offends the law of war and its correlative Just War tradition; and also I reflect on why rights-based democracies must confront terrorism without subverting their own foundations. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is merely accidental and hence, (...) not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is merely accidental and hence, (...) not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)

It has been nearly fifty years since the collapse of the Nazi regime; is there any longer a point to presenting for the apprehension and prosecution of surviving Nazi war criminals? In this carefully argued book, Alan Rosenbaum makes it clear that there is. This book is an important contribution to Jewish and Holocaust studies, to political and social thought, and to moral theory, arguing that we must continue to pursue the prosecutorial agenda as an investment in the moral climate (...) in which we wish to live. (shrink)

It has been argued, and not without emotional detachment, that the Holocaust is unlike other events in world and Jewish history. Those who offer such arguments also claim that comparisons between events of ethnic cleansing, mass murder and other sorts of criminal behavior are not meant to purvey a kind of moral one-upmanship. The suffering and harm in one instance is as morally repugnant as those in any other instance, whether it is a Jewish child gassed and cremated by the (...) Nazis, a black child lynched in the southern United States, an Armenian child deliberately poisoned in a Turkish hospital, a Ukrainian child starved to death in a Stalinist blockade, a Native American child shot to death by Conquistadors, a Rwandan child hacked to death, or a Bosnian child blown to pieces by a land mine or sniper. (shrink)

In my paper I propose to explore a defensible philosophical basis for affirming the significant uniqueness of the Holocaust in relation to other similar instances of genocide and, accordingly, to contribute to efforts to better secure its place in history for future generations, especially in terms of its impact on aspects of institutionalized remembrance in law and morality. The twentieth century has been a century of democide (a state’s killing of its own people) and genocide (a state’s murder of its (...) own minorities in the general population): it ought to be or to promote a century of indelible remembrance. Perhaps the twenty-first century will be one not only of further institutionalized forms of remembrance to dissuade future genocidists, but also of the actualization of more effective internal mechanisms for preventing genocidal policies and practices. Short of prevention, however, mechanisms ought to be in place for either intervening in or stopping genocidal atrocities once they begin, and of apprehending, prosecuting, and punishing the perpetrators. Certainly the conceptual framework exists in international law and in popular moral discourse for identifying genocidal possibilities or attempts at genocide. Only a persistent global will needs to be present to make these mechanisms a reality. (shrink)

Modern Western liberalism is a further development of certain philosophical trends which were emerging in the 19th century. It reflects a particular confluence of utilitarian and natural law doctrines, and of ideological expressions of capitalism and socialism. The writings of J.S. Mill stand as among the earliest and most persuasive efforts to reconcile the often conflicting demands these trends have placed upon their interpreters. This study of Mill’s philosophy explores the "incompatibility" of these conflicts as he strives to deal with (...) them in the articulation of his democratic liberalism. Despite the increasing value that socialism held for him, I argue that Mill never really abandons his liberalist philosophy. His lifelong commitment to individualism and utilitarianism, coupled with his rejection of key socialist principles, is sufficient evidence for my conclusion that Mill's philosophy could never reach true socialism insofar as it retains the fundamental concepts of democratic liberalism. (shrink)