36 found
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  1. War by Agreement: A Contractarian Ethics of War.Yitzhak Benbaji & Daniel Statman - 2019 - Oxford University Press.
    Yitzhak Benbaji and Daniel Statman present a new theory on the ethics of war which shows that wars can be morally justified at both the ad bellum level and the in bello level.
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  2. The Doctrine of Sufficiency: A Defence.Yitzhak Benbaji - 2005 - Utilitas 17 (3):310-332.
    This article proposes an analysis of the doctrine of sufficiency. According to my reading, the doctrine's basic positive claim is ‘prioritarian’: benefiting x is of special moral importance where (and only where) x is badly off. Its negative claim is anti-egalitarian: most comparative facts expressed by statements of the type ‘x is worse off than y’ have no moral significance at all. This contradicts the ‘classical’ priority view according to which, although equality per se does not matter, whenever x is (...)
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  3.  67
    Sufficiency or Priority?Yitzhak Benbaji - 2006 - European Journal of Philosophy 14 (3):327–348.
  4. A Defense of the Traditional War Convention.Yitzhak Benbaji - 2008 - Ethics 118 (3):464-495.
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  5. The Moral Power of Soldiers to Undertake the Duty of Obedience.Yitzhak Benbaji - 2011 - Ethics 122 (1):43-73.
  6.  87
    The War Convention and the Moral Division of Labour.Yitzhak Benbaji - 2009 - Philosophical Quarterly 59 (237):593-617.
    My claim is that despite powerful arguments to the contrary, a coherent moral distinction between the jus in bello code and the jus ad bellum code can be sustained. In particular, I defend the traditional just war doctrine according to which the independence between the in bello and ad bellum codes reflects the moral equality between just and unjust combatants and between just and unjust non-combatants. In order to establish this, I construe an in bello proportionality condition which can be (...)
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  7. Through Thick and Thin: A New Defense of Cultural Relativism.Yitzhak Benbaji & Menachem Fisch - 2004 - Southern Journal of Philosophy 42 (1):1-24.
    Some relativists deny that moral discourse is factual. According to them, our ethical commitments are to be explained by appealing to noncognitive mental states like desires, rather than to beliefs in some independent moral facts. Indeed, the package antirealism (there are no moral properties) & noncognitivism (the source of moral commitments is noncognitive) seems to be implicit in Lewis’s and Harman’s relativism. But to many philosophers this package seems to be unattractive. Our task in this paper is to construe and (...)
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  8.  82
    Culpable Bystanders, Innocent Threats and the Ethics of Self-Defense.Yitzhak Benbaji - 2005 - Canadian Journal of Philosophy 35 (4):585 - 622.
    The moral right to act in self-defense seems to be unproblematic: you are allowed to kill an aggressor if doing so is necessary for saving your own life. Indeed, it seems that from the moral standpoint, acting in self-defense is doing the right thing. Thanks, however, to works by George Fletcher and Judith Thomson, it is now well known how unstable the moral basis of the right to self-defense is. We are in the dark with regard to one of the (...)
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  9.  27
    Using Others' Words.Yitzhak Benbaji - 2004 - Journal of Philosophical Research 29:93-112.
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  10.  71
    Parity, Intransitivity, and a Context-Sensitive Degree Analysis of Gradability.Yitzhak Benbaji - 2009 - Australasian Journal of Philosophy 87 (2):313-335.
    Larry Temkin challenged what seems to be an analytic truth about comparatives: if A is Φ-er than B and B is Φ-er than C, then, A is Φ-er than C. Ruth Chang denies a related claim: if A is Φ-er than B and C is not Φ-er than B, but is Φ to a certain degree, then A is Φ-er than C. In this paper I advance a context-sensitive semantics of gradability according to which the data uncovered by Temkin and (...)
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  11.  16
    Commonsense Morality and the Ethics of Killing in War: An Experimental Survey of the Israeli Population.Yitzhak Benbaji, Amir Falk & Yuval Feldman - 2015 - The Law and Ethics of Human Rights 9 (2):195-227.
  12.  12
    Commonsense Morality and the Ethics of Killing in War: An Experimental Survey of the Israeli Population.Yitzhak Benbaji, Amir Falk & Yuval Feldman - 2015 - Law and Ethics of Human Rights 9 (2):195-227.
    Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.
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  13.  6
    Using Others’ Words.Yitzhak Benbaji - 2004 - Journal of Philosophical Research 29:93-112.
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  14.  1
    Sufficiency or Priority?Yitzhak Benbaji - 2006 - European Journal of Philosophy 14 (3):327-348.
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  15. Dehumanization, Lesser Evil and the Supreme Emergency Exemption.Yitzhak Benbaji - 2010 - Diametros 23:5-21.
    Many believe that if the indiscriminate bombings of German cities at the beginning of World War II were necessary for preventing unlimited spread of Nazism, then the bombings were justified. For, the outcome, in which innocent Germans living in Nazi Germany are killed, was not as bad as the outcome in which the Nazis inflict ethnic cleansing and enslavement on a massive scale. Recently, however, Daniel Statman has advanced a powerful case against this type of justification. I aim in this (...)
     
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  16.  47
    A Demonstrative Analysis of 'Open Quotation'.Yitzhak Benbaji - 2004 - Mind and Language 19 (5):534–547.
    A striking feature of Cappelen and Lepore's Davidsonian theory of quotation is the range of the overlooked data to which it offers an elegant semantical analysis. Recently, François Recanati argued for a pragmatic account of quotation, on the basis of new data that Cappelen and Lepore overlooked. In this article I expose what seem to me the weak points in Recanati's alternative approach, and show how proponents of the demonstrative theory can account for the data on which Recanati bases his (...)
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  17.  76
    The Responsibility of Soldiers and the Ethics of Killing in War.Yitzhak Benbaji - 2007 - Philosophical Quarterly 57 (229):558–572.
    According to the purist war ethic, the killings committed by soldiers fighting in just wars are permissible, but those committed by unjust combatants are nothing but murders. Jeff McMahan asserts that purism is a direct consequence of the justice-based account of self-defence. I argue that this is incorrect: the justice-based conception entails that in many typical cases, killing unjust combatants is morally unjustified. So real purism is much closer to pacifism than its proponents would like it to be. I conclude (...)
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  18.  4
    Justice in Asymmetric Wars: A Contractarian Analysis.Yitzhak Benbaji - 2013 - The Law and Ethics of Human Rights 6 (2).
  19.  12
    Justice in Asymmetric Wars: A Contractarian Analysis.Yitzhak Benbaji - 2012 - Law and Ethics of Human Rights 6 (2):172-200.
    This Article aims to extend contractarianism in just war theory to the case of asymmetric war of independence. Its main thesis is that within asymmetric wars, the traditional rule of noncombatant immunity has no contractarian justification: It systematically discriminates against the weak part to the conflict, and thus it is unfair. On the other hand, a rule that allows those who take themselves to be freedom fighters to threaten civic life, yet prohibits deliberately targeting individuals, is fair and mutually beneficial. (...)
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  20.  5
    Welfare and Freedom: Towards a Semi-Kantian Theory of Private Law.Yitzhak Benbaji - 2020 - Law and Philosophy 39 (5):473-501.
    The Kantian theory of private law, as Ernest Weinrib and Arthur Ripstein have developed it over the last two decades, is based on a fundamental normative truth, viz., no person is subordinate or superior to another person. Kantians construe any attempt to understand and justify the distribution of the rights-claims and rights-liberties that constitute private law in terms of aggregate welfare and/or distributive justice, as a deep category mistake. This essay outlines a ‘semi-Kantian’ theory of private law, which is like (...)
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  21.  4
    A Demonstrative Analysis of ‘Open Quotation’.Yitzhak Benbaji - 2004 - Mind and Language 19 (5):534-547.
    : A striking feature of Cappelen and Lepore's Davidsonian theory of quotation is the range of the overlooked data to which it offers an elegant semantical analysis. Recently, François Recanati argued for a pragmatic account of quotation, on the basis of new data that Cappelen and Lepore overlooked. In this article I expose what seem to me the weak points in Recanati's alternative approach, and show how proponents of the demonstrative theory can account for the data on which Recanati bases (...)
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  22.  8
    Civilian Immunity Without the Doctrine of Double Effect.Yitzhak Benbaji & Susanne Burri - forthcoming - Utilitas:1-20.
    Civilian Immunity is the legal and moral protection that civilians enjoy against the effects of hostilities under the laws of armed conflict and according to the ethics of killing in war. Immunity specifies different permissibility conditions for directly targeting civilians on the one hand, and for harming civilians incidentally on the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect. We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards (...)
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  23.  62
    Factuality Without Realism: Normativity and the Davidsonian Approach to Meaning.Yitzhak Benbaji & Menachem Fisch - 2005 - Southern Journal of Philosophy 43 (4):505-530.
  24.  16
    Using Others’ Words and Drawing the Limits of the Thinkable.Yitzhak Benbaji - 2004 - Dialogue 43 (1):125-146.
    Philosophers tend to presuppose a close relationship between language and thought. They express and defend this conviction in different ways. I shall focus on the relation between the thinkable and the expressible, as stated in the Inexpressibility Thesis.
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  25.  41
    The Moral. The Personal, and the Importance of What We Care About.Yitzhak Benbaji - 2001 - Philosophy 76 (3):415-433.
    This paper challenges what I call ‘Frankfurt's Care-Importance Principle’ (or ‘the CIP’), according to which, ‘If there is something that a person does care about, then it follows that it is important to him.’ Indeed, caring may generate genuine importance. I claim, however, that the agent's caring may have blinding effects too, it may blind him to what is really important to him. In this kind of case, caring does not generate genuine importance; rather, it reinforces the agent's false belief (...)
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  26.  27
    A New Puzzle About Believed Fallibility.Yitzhak Benbaji - 2006 - Dialogue 45 (4):679-696.
    I shall consider the phenomenon of believing ourselves to have at least one false belief: a phenomenon I call believed fallibility I shall first present a paradoxical argument which appears to show that believed fallibility is incoherent; second, note that this argument assumes that we are committed to the conjunction of all our beliefs; third, sketch a more intuitive notion of commitment in which we are not committed to the conjunction of all our beliefs and argue that the original paradoxical (...)
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  27.  9
    The Lesser Evil Dilemma for Sparing Civilians.Yitzhak Benbaji - 2018 - Law and Philosophy 37 (3):243-267.
    The rule I call ‘Civilian Immunity’ – the rule that prohibits targeting civilians in war – is the heart of the accepted jus in bello code. It prohibits targeting civilians in a wide variety of war circumstances. Seth Lazar's brilliant book, Sparing Civilians, attempts to defend Civilian Immunity. In this essay I show, first, that his ‘Risky-Killing based argument’ fails to provide civilians with the robust protection Sparing Civilians promises. I argue, secondly, that the moral framework that Sparing Civilians employs, (...)
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  28.  2
    Contract Law in a Just Society.Yitzhak Benbaji - 2019 - Theoretical Inquiries in Law 20 (2):411-432.
    This Article challenges Hanoch Dagan and Michael Heller’s choice theory of contract, according to which contract law is autonomy-enhancing. I make three points: first, the choice theory of contract cannot clarify the critical normative distinction between enforceable formal contracts and unenforceable informal promises. Second, I develop the roads/contract-types analogy: instead of promoting individuals’ autonomy and enhancing their choice among different projects, most contract types are justified by the preexisting preferences of citizens. Finally, I outline a teleological justification of contract law (...)
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  29.  11
    Referees for Volume 7.Andrew Altman, Michael Barnhart, Avner Baz, David Benatar, Yitzhak Benbaji, Talia Bettcher, Brian Bix, Jeffrey Bland-Ballard & Lene Bomann-Larsen - 2010 - Journal of Moral Philosophy 7 (4):541-542.
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  30.  7
    A New Puzzle About Believed Fallibility.Yitzhak Benbaji - 2006 - Dialogue 45 (4):679-696.
    ABSTRACT: I shall consider the phenomenon of believing ourselves to have at least one false belief: a phenomenon I call believed fallibility I shall first present a paradoxical argument which appears to show that believed fallibility is incoherent; second, note that this argument assumes that we are committed to the conjunction of all our beliefs; third, sketch a more intuitive notion of commitment in which we are not committed to the conjunction of all our beliefs and argue that the original (...)
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  31.  18
    Using Others' Words and Drawing the Limits of the Thinkable.Yitzhak Benbaji - 2004 - Dialogue 43 (1):125-.
    Philosophers tend to presuppose a close relationship between language and thought. They express and defend this conviction in different ways. I shall focus on the relation between the thinkable and the expressible, as stated in the Inexpressibility Thesis.
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  32.  18
    Introduction.Yitzhak Benbaji - 2009 - Ethics and International Affairs 23 (4):319-324.
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  33.  4
    Distributive Justice and the Moral Division of Labor: A Comment on Penner.Yitzhak Benbaji - 2009 - Theoretical Inquiries in Law 10 (1 Forum).
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  34. Reading Walzer.Yitzhak Benbaji & Naomi Sussmann (eds.) - 2013 - Routledge.
    Michael Walzer is one of the world’s leading philosophers and political theorists. In addition to his best-known books such as Spheres of Justice , and Just and Unjust Wars , he has contributed to contemporary political debates beyond academia in the New York Times , the New Yorker and Dissent . Reading Walzer is the first book to assess the full range of Walzer’s work. An outstanding team of international contributors consider the following topics in relation to Walzer’s work: the (...)
     
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  35. Zionism and Political Liberalism: The Right of Scattered Nations to Self-Determination.Yitzhak Benbaji - 2020 - Theoretical Inquiries in Law 21 (2):229-254.
    This Article offers a defense of egalitarian Zionism that, unlike Chaim Gans’s argument for this view, does not appeal to the Jewish problem in justifying the Zionist requirement for a state with a dominant Jewish community. The argument extracts from the egalitarian principles that underlie John Rawls’s political liberalism, a conception of global justice according to which members of a scattered nation are entitled to a fair opportunity to establish a new state within which they enjoy the advantage of demographic (...)
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  36. Against Moral Taint.Yitzhak Benbaji & Daniel Statman - forthcoming - Ethical Theory and Moral Practice.
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