Faith has many aspects. One of them is whether absolute logical proof for God’s existence is a prerequisite for the proper establishment and individual acceptance of a religious system. The treatment of this question, examined here in the Jewish context of Rabbi Prof. Eliezer Berkovits, has been strongly influenced in the modern era by the radical foundationalism and radical skepticism of Descartes, who rooted in the Western mind the notion that religion and religious issues are “all or nothing” questions. Cartesianism, (...) which surprisingly became the basis of modern secularism, was criticized by the classical American pragmatists. Peirce, James and Dewey all rejected the attempt to achieve infallible absolute knowledge, as well as the presumptuousness of establishing such a knowledge by means of casting Cartesian hyperbolic doubt. They advocated an alternative approach which was more holistic and humane. This paper lays out Descartes’s approach and the pragmatists’ critique. Despite the place that pragmatic considerations hold in Jewish tradition, some thinkers reject the relevance of these ideas. Yet Berkovits’s thought suggest a different path. He rejected Descartes’ radical skepticism and his radical foundationalism, in favor of a moderate foundationalism, which allows for a belief in God alongside constructive doubts. Similar to Peirce’s conception of the fixation of belief, Berkovits views local doubts (distinct from the hyperbolic doubt) as necessary for thought. Berkovits’s understanding of the biblical human-divine encounter, following Rosenzweig, Buber, and Heschel, is conceptualized here as “encounter theology”. Berkovits criticizes the propositionalist attempts to prove God’s existence logically, as well as the presumptuousness of basing religious belief on the teleological world-order. However, Berkovits’s conception of the ‘caring God’ is not provable, and thus defined as a pragmatic ‘postulate’. The article concludes by considering Berkovits’s “encounter theology”. In contrast to the approach described by Haym Soloveitchik, of halakhic stringency and lack of subjective experience of God’s face, Berkovits’s approach is dialogic through and through. (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...) turns out that he formulated some immanent theological notions that were overlapping those of Heschel, for example in attributing God the personal trait of caring. Surprisingly, most Heschel’s scholars did not consider this point. This riddle addressed here in two ways: (1) Psychological and Social, on which I understand Berkovits’s critique as a way of coping with his own religious perplexities, and in a wider sense, it is asserted that trans-denominational critique may be a discursive opportunity for mutual corrigibility. (2) Theological, since Heschel and Berkovits indeed faced a similar theological challenge, of rejecting any description of God as anthropomorphism. I thus offer a constructive theological argument for providing a justification to the immanent theologies of both Heschel and Berkovits. (shrink)

Ayalon Eidelstein’s Openness and Faith focuses on the centrality of the idea of openness, or open-mindedness, to the educational sphere. The first half presents the challenges in modern ‘divided-consciousness’ and its consequences of egoism, materialism, and hedonism on the one hand, and religious fanatism on the other. Eidelstein’s main audience is the Israeli secular public, to which he proposes an educational and philosophical middle-way rooted in sincere human and inter-human openness. This openness is inspired by the idea of disinterestedness that (...) Kant articulates in his Critique of Judgment. Eidelstein refers to additional authors, including Franz Rosenzweig and Emmanuel Levinas, to conceptualize the idea of open-mindedness. In the second half of the book, he engages classical American Pragmatism, specifically that of William James, in order to establish the possibility for, and the validity of, a humane open-mindedness. Pragmatism thus paves the way for accepting beliefs that may otherwise be excluded as superstitions and accords them a legitimate and productive role in the life of a modern individual. The difficulty, however, lies in Eidelstein’s employment of Kantian disinterestedness, for it is in fact seriously dissonant with the worthy pragmatic educational purposes that Eidelstein elaborates in the second half of his book. Pragmatism is opposed to disinterestedness in that it stresses the entanglement of fact and value, viewing interests as playing a necessary and productive part in moral motivation and action, while Kantian deontology eliminates consequentialism from the moral scope. While for pragmatists (for example John Dewey’s Democracy and Education) the human creature is holistically conceived, as made of flesh and blood and not only as ‘spirit’, Kant maintained the dualistic Cartesian tradition. This tension calls for a rigorous address. Since Eidelstein’s book is making an important claim about the place open-mindedness has within the Judaism, it must be noted that the disinterestedness of a presumed human ‘self’ is also not easily compatible with the dominant voices in normative Jewish tradition. The Bible does not deal to a large extent with the ‘self’ or with mental intentions, and its conception of the human is not categorically different in the Talmudic corpus. On the contrary, the rabbis frequently endorse pragmatic and ‘external’ reasons, as the motivational basis for action. The kind of purism associated with disinterestedness (as in Mishnah Avot 5:18-19) is barely represented in rabbinic thought. Openness and Faith: In Search of Cultural Education Here and Now is nevertheless an important contribution to the intellectual discourse over the individual and public virtues. In our ever-more segregated and fenced-off world, there is an urgency to delineating the virtue of openness, hoping that Ecclesiastes is right in contending that “No person has power over the spirit [רוח] to retain it” (8:8). But to make Eidelstein’s point about openness in the second half of his book educationally viable, there a need for a pragmatic refinement of the philosophical anthropology in its first half. One way or the other, Openness and Faith is praiseworthy for its articulateness and depth, which invites its readers to an open-minded conversation about the concept of openness. (shrink)

In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...) questions and observations are raised regarding Jewish tradition, fallibility, and modernity, and the interaction between Judaism and pragmatism in the history of ideas. (shrink)

This article presents Franz Rosenzweig’s concept of redemption as a vehicle for raising some important questions for confronting the contemporary movement of Transhumanism. The upshot of our discussion is located in the existential questions asked, following a philosophical comparison of Rosenzweig’s religious and philosophical commitment to human life in its most robust form, with Transhumanism’s scientistic vision. To do so, the article first discusses some techno-scientistic assumptions of Transhumanism, showing that it presumes what was once a core principle of German (...) Idealism, the identity of reason and being, against which Rosenzweig rebelled. Then, the article turns to examine Rosenzweig’s humanistic redemptive vision and its emphasis on the corporeal, the temporal, and the worldly. The conclusion makes explicit the ways in which Rosenzweig’s redemptive vision provides a contrasting model to the one set forth by Transhumanism. (shrink)

The paper surveys the problem of language and translation in Antoine Berman’s pioneering achievements. This French philosopher of translation was deeply influenced not only by Schleiermacher, who affirmed the unity of thought and expression, but also by Benjamin, who drew attention to the formalism of language. In Berman’s view the essence of language lies in signifiers and letters. He criticized the Platonic view of language and translation which endows non-sensual, mental, and universal elements, with a higher ontological status. (...) Thus Berman proposed a modern theory of translation without Platonism. Meanings can be realized through and within letters not only in the source language, but also in the target language. In this sense, Berman’s philosophy of translation clearly reflects “the achievements of modern semiotics” . The paper criticizes the conception of translation as trapped within the logic of identity, which ignores the differences between, and the multiplicity of, languages as a result of a deep-rooted drive to obtain a universal meaning. The paper shows that Berman’s philosophy reflects and accepts this multiplicity allowing thereby the logic of difference/otherness to flourish in translation. (shrink)

The Western Legal Tradition (WLT) is a child of the Cold War era. Originally conceived by the Harvard legal historian HJ Berman in his 1950 book on Justice in Russia, a work aimed at explaining to the West what laid beyond the Iron Curtain, this idea gives life to an account set out in an opposition in which the West and Soviet Russia are defined with the features missing to each other. In those pages is the blueprint for his (...) two well-known volumes published in 1983 and 2003, and for a third volume left unfinished. -/- The WLT grows from another legacy from the Cold War era: human rights history. While this theme entered public debate fuelled by the concern with human rights in the Eastern European countries during the Cold War era, this paper shows how the WLT absorbed this theme hijacking a core component of continental legal science (subjectives Recht) re-engineered by political theorists into the major identitary element of the WLT in an eternity history rooted in medieval canon law. (shrink)

It is common to hear the claim that referees in sporting events are doing their jobs well so long as they are, quite simply, being fair to both sides in a competitive event. It will be the purpose...

Please see the extended abstract in the attached file.

In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line “New Yorkers need a Mayor, not a Nanny.” On television, the CATO Institute's Michael Cannon declared, “This is the most ridiculous sort of nanny state-ism; [i]t’s (...) none of the mayor's business how much soda people are drinking.” And in newspapers around the country, editorial pages featured headlines such as “Gulp! Yet Another Intrusion of the Nanny State.” Just like that, the public debate about this measure became focused on government overreach, while the public health problem of obesity faded into the background. (shrink)

The Heythrop Journal, Volume 63, Issue 4, Page 520-530, July 2022.

Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Do firms respond to changes in economic growth by altering their corporate social responsibility programs? If they do respond, are their responses simply neglect of areas associated with corporate social performance or do they also cut back on positive programs such as profit sharing, public/private housing programs, or charitable contributions? In this paper, we argue that because CSP-related actions and programs tend to be discretionary, they are likely to receive less attention during tough economic times, a result of cost-cutting efforts. (...) However, the various CSP performance areas vary in terms of their resource requirements and their influence on financial performance, which suggests that firms may respond differently depending on area. Consequently, in addition to examining CSP concerns separately from positive actions and programs, we also examine the influence of economic growth across the five areas of diversity, employee relations, the environment, product quality/safety, and the community. Based on data from 837 firms over 15 years, our results suggest that firms neglect some areas associated with CSP during economic downturns, resulting in increased concerns about community and employee relations, product safety/quality, and the environment. However, this relationship does not apply to positive actions and programs. Instead, firms tend to increase their positive CSP programs in areas such as diversity, employee relations, and the environment during periods of slow economic growth and reduce them when the economy picks up. We offer potential explanations for our findings and discuss their importance to research on CSP. (shrink)

This review discusses Harold Berman’s, Law and Language, published by Cambridge University Press in 2013. It locates this short book in relation to Berman’s extensive body of publications in international and comparative law, and asks what contribution the book’s recent, posthumous publication can make to current debates over approaches to forensic linguistics. Particular attention is given to Berman’s conceptualisation of law as a ‘living language’, as well as to his coining of the term ‘communification’ to describe the (...) value of legal-lay dialogue in building a public sense of community and in sustaining the legitimacy of legal systems. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. Moreover, Foot argues in effect that goodness admits of only the kind-based sort, obtaining solely in virtue of something’s satisfying kind-based standards. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be (...) bad for doing so. In defending my counterexample, I respond to the Aristotelian contention that evaluations should only be made from “within” the standpoint of a particular lifeform conception, rather than an “external” one from which that kind itself can be judged to be bad. (shrink)

In two important articles Denis Grey has argued that Berkeley’s philosophy develops in “two incompatible ways.” Grey calls these the “limerick view” and the “strict interpretation”—which he thinks is feasible. In the first, he finds Berkeley arguing that.

Robert Adams defends a platonic account of goodness, understood as excellence, claiming that there exists a platonic good that all other good things must resemble, identifying the Good with God. Mark Murphy agrees, but argues that this platonic account is in need of Aristotelian supplementation, as resemblance must take into account a thing’s kind-membership. While this article will accept something like Murphy’s account of goodness, it will further develop its details and support. Without relying on theistic premises, I show that (...) the metaphysical status of an individual’s goodness consists in resemblance with the platonic good. As for the distinct question of what that goodness holds in virtue of, I conclude it holds in virtue of exactly: the thing’s own properties, those properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. I then develop an account of how K-standards resemble the platonic good: The K-standards resemble it firstly with respect to requiring activities, as the platonic good will be posited to be active, and must resemble it secondly also at the level of what teleology those activities are directed towards. I also motivate the need for a third respect of resemblance, to be developed in future work. The article ends with a discussion of the nature of the platonic good. (shrink)

While sociologists and political scientists have become interested in the role of ideas in the political process, relatively little work looks at how ideological claims are actually deployed in political discourse. This article examines the economic claims made in two pairs of Congressional debates over tax cuts, one generally associated with Keynesian economic theories, and one tied to supply-side ideas. While these bills were indeed initiated by groups subscribing to different economic ideologies, subsequent debates look surprisingly similar. The bills were (...) closer in substance than one might expect, and while their proponents came from opposite political camps, in both cases supporters focused more on supply-side than demand-side effects and emphasized tax cuts’ ability to pay for themselves through economic stimulation. The authors propose that politically acceptable economic claims may evolve more slowly than the economic theories that inspire policy entrepreneurs, and that this “discursive opportunity structure” may not only constrain the political process but may potentially shape the political effects of expert knowledge. (shrink)

In two important articles Denis Grey has argued that Berkeley’s philosophy develops in “two incompatible ways.” Grey calls these the “limerick view” and the “strict interpretation”—which he thinks is feasible. In the first, he finds Berkeley arguing that.

Could Christians and Muslims be referring to the same God? For an account of the reference of divine names, I follow Bogardus and Urban (2017) in advocating in favour of using Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. However, I argue further that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this demonstrative use of names offers a (...) promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God. I also respond to Burling’s (2019) worship-worthiness view. (shrink)

In Aristotle’s writings regarding the biology of embryology, especially in the Generation of Animals, he contends that the mother’s menstrual fluids provide the material for the generation of the offspring, and the father’s form determines its formation as a member of that species (e.g. human). The katamenia (menstrual fluids) of the mother are said to be potentially all the body parts of the offspring, though actually none of them. So, the fluids are potentially the offspring. But are they a first (...) potentiality or second potentiality (first actuality) of a human, in the terminology of De Anima II? In this paper I will argue that katamenia are a first potentiality of a human. My first argument is that katamenia do not have the potential for human activities such as thinking, but rather the potential of becoming something having the potential for those activities. I answer the objection that katamenia are not even a first potentiality, by appealing to an important text contending that for any x whose source of becoming is external, x is potentially y if nothing in x with respect to matter needs to be changed in order for an external principle to make x into y. (shrink)

Principles of Laser Spectroscopy and Quantum Optics is an essential textbook for graduate students studying the interaction of optical fields with atoms. It also serves as an ideal reference text for researchers working in the fields of laser spectroscopy and quantum optics. The book provides a rigorous introduction to the prototypical problems of radiation fields interacting with two- and three-level atomic systems. It examines the interaction of radiation with both atomic vapors and condensed matter systems, the density matrix and the (...) Bloch vector, and applications involving linear absorption and saturation spectroscopy. Other topics include hole burning, dark states, slow light, and coherent transient spectroscopy, as well as atom optics and atom interferometry. In the second half of the text, the authors consider applications in which the radiation field is quantized. Topics include spontaneous decay, optical pumping, sub-Doppler laser cooling, the Heisenberg equations of motion for atomic and field operators, and light scattering by atoms in both weak and strong external fields. The concluding chapter offers methods for creating entangled and spin-squeezed states of matter. Instructors can create a one-semester course based on this book by combining the introductory chapters with a selection of the more advanced material. A solutions manual is available to teachers. Rigorous introduction to the interaction of optical fields with atoms Applications include linear and nonlinear spectroscopy, dark states, and slow light Extensive chapter on atom optics and atom interferometry Conclusion explores entangled and spin-squeezed states of matter Solutions manual. (shrink)

The 16th and 17th centuries witnessed a philosophical shift that would help pave the way for modern science, a shift from metaphysical theories of material objects to other views embracing only the empirically-accessible parts of material things. One much-debated topic in the course of this shift was regarding prime matter. The late scholastic Jacobus Zabarella (1533-1589) arrived upon his views about prime matter via his version of the regressus method, a program for a sort of scientific reasoning. In his De (...) rebus naturalibus, Zabarella defends the position that prime matter is extended. However, it is less clear how he accounts for its extension. There is an important text where he apparently suggests that prime matter is extended in and of itself. However, there are two other texts apparently stating that matter is extended in virtue of a distinct accident in the category of quantity. I argue that a decisive reading based solely upon any particular texts is not available. Nevertheless, examining Zabarella’s writing on the topic as a whole, the trajectory of his overall argument is remarkably sympathetic to Averroes, who famously took the accidentally quantified position. Thus, from this systematic feature, the accidentally quantified reading is more reasonable. (shrink)