Daniel Statman

Many believe that in?supreme emergencies? collectives are granted what I elsewhere call?special permissions?, permissions to carry out self-defensive acts which would otherwise be morally forbidden. However, there appears to be a continuum between non-emergency, emergency and supreme-emergency situations, which gives rise to the following problem: If special permissions are granted in supreme emergencies, they should apply, mutatis mutandis, to less extreme cases too. If, to save itself from wholesale massacre, a collective is allowed to kill thousands of noncombatants on the side of the aggressor, then to save itself from a less murderous campaign, a collective should be allowed to kill several hundreds of noncombatants, and so on. But this conclusion seems to undermine the most fundamental ideas of just war theory. The purpose of the paper is to discuss possible solutions to this problem. I contend that a contractarian view of the war convention offers the most attractive solution, though, at the end of the day, I am not sure that it will work

A recent empirical study has argued that experts in the ethics or the law of war cannot reach reasonable convergence on dilemmas regarding the number of civilian casualties who may be killed as a side effect of attacks on legitimate military targets. This article explores the philosophical implications of that study. We argue that the wide disagreement between experts on what in bello proportionality means in practice casts serious doubt on their ability to provide practical real-life guidance. We then suggest viewing in bello proportionality through the prism of virtue ethics.

In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view to warfare in which no effective social contract is in place

The last decade or so has witnessed a wave of empirical studies purporting to show that men’s sexual focus on the female body leads to increased hostility and aggression against women. According to what I call “The Objectification Hypothesis”, the explanation for this phenomenon has to do with the fact that, in such circumstances, men “objectify” women, that is, regard them as mere objects or as means only. The paper rejects this hypothesis and offers an alternative explanation for the connection between men’s sexual gaze and their aggression against women. This explanation makes no reference to the notions of seeing-other-as-object or of treating-as-means-only. Instead, it locates the dynamic at hand within the theoretical framework of misogyny along the lines developed by Kate Manne.

Sometimes victims cannot defend themselves against the threat posed to them, but they can nevertheless harm or even kill their aggressors. Since they cannot defend themselves, it is unclear how such harming can be justified under the title of self-defense. According to the “Honor Solution,” by violently resisting their aggressors, victims do (partially) defend themselves because they protect their honor. Blake Hereth recently argued that this solution is incompatible with the feminist commitment that sexual assault victims ought not to be shamed or dishonored. The purpose of my paper is to reject Hereth's criticism and defend the Honor Solution.

Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that _Moral Dilemmas_ tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times, human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned.

The paper discusses a neglected condition for justified self-defense, namely, 'The Success Condition [SC].' According to SC, otherwise immoral acts can be justified under the right to self-defense only if they actually achieve the intended defense from the perceived threat. If they don't, they are almost always excused, but not morally justified. I show that SC leads to a troubling puzzle because victims who estimate they cannot prevent the attack against them would be morally required to surrender. I try to solve the puzzle by relying on what I call 'The Honor Solution.' Even if defensive acts fail to protect the victim's body, property, or life, they are successful in protecting her honor, thus they do ultimately meet the success condition.

Modern orthodoxy often perceives itself and is perceived by others as a movement which grants more importance to moral considerations in its interpretation of halakha and in its general worldview than does the ultra-orthodox movement. Accordingly, modern orthodox rabbis are often referred to as more “moderate” than their ultra-orthodox counterparts, a term which seems to imply that they are more open to moral arguments and more likely to adopt, or to develop, moral interpretations of halakha. A study of some central figures like Walter Wurzburger, Eliezer Berkovits and Joseph B. Soloveitchick, however, indicates that the modern orthodox approach to morality is much more ambivalent. The purpose of this paper is to discuss this ambivalence and to speculate on its source.

Jews and Arabs in Israel often agree that there is a reciprocal relation between rights and duties, though they derive opposing conclusions from it. Jews infer that Arabs are not entitled to the same rights and privileges as Jews are, since they do not shoulder an equal share of the duties. Arabs, by contrast, argue that they are under no duty to share the burdens, particularly military or national service, since their rights are not fully respected. The Paper assesses these opposing claims and ends up rejecting both. It argues that the rights to which citizens are entitled do not depend on citizens carrying out all their social or legal duties, while the citizens’ duty to contribute to the welfare of their countries by national service or other means is generally not contingent on the countries’ fulfillment of its duties towards them. The Paper focuses on national service by Israeli Arabs and suggests that that there is nothing wrong in making such service mandatory though there are practical considerations against doing so and that making such service optional is an excellent alternative, one that should be encouraged as much as possible

The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient for an act to be discriminatory. If people stand to directly benefit from some act, they cannot claim discrimination on the basis of such benefit.

In response to our critics, we explain why in spite of the ad bellum breach involved in the first use of force the war agreement is still binding; why the moral symmetry to which War by Agreement subscribes benefits all parties, weak and strong; why contractarianism leaves room the for moral option of not acting within one's rights and refusing to take part in a seemingly unjust war; why contractarianism is superior to rights-consequentialism as a theory of just war; and why contractarianism does not rule out reforms in international law and institutions.

Religion and Morality seeks to answer two fundamental questions regarding the relation between religion and morality. The first is the puzzle posed by Socrates, the so-called 'Euthyphro dilemma', which asks: is morality valuable by virtue of its intrinsic importance and worth, or is morality valuable because, and only because, God approves it and commands us to follow its dictates? The second question is raised by Kierkegaard in Fear and Trembling. He asks: Is a conflict between religion and morality possible? Does God ever demand that we neglect our moral commitments? The discussion on these questions is divided into three parts. In the first two parts, we discuss the idea that morality depends on religion. The authors distinguish two types of dependence: strong dependence, according to which the very existence, or validity, of moral obligations depends on God's command, and weak dependence, according to which though morality itself is independent of God, God (or belief in God) is necessary to enable human beings to know their moral duties and to carry them out. The authors reject the strong dependence thesis, as well as most versions of the weak dependence. The third part of the book discusses different versions of the view that religion might conflict with morality. The authors reject this view, and show that very few religious thinkers would follow it all the way through to its ultimate consequences. The book has implications for the philosophy of religion, in its emphasis on the centrality of the moral element in religion, and for moral philosophy, in its highlighting, among other things, of the nature of moral judgments.

Moral dilemmas set a challenge for ethical theory. They are situations where agents seem to be under an obligation both to do, and to refrain from doing, a specific act. Are such situations possible? What is their exact nature? These are the questions that _Moral Dilemmas_ tries to answer. The book argues that moral theories should not allow for the possibility of irresolvable dilemmas, for situations in which no right answer exists. To this end, arguments seeking to prove the existence of irresolvable dilemmas, especially the argument from the incommensurability of values, are discussed at length and refuted. The book shows that though on the normative level dilemmas are resolved, they typically involve a high moral cost for which there is no adequate compensation. This moral cost is the source of the regret and pain suffered by agents in moral dilemmas. Thus, moral dilemmas do not point to any inconsistency in our moral reasoning or theory, but to a problematic aspect of the human condition; at times, human beings are justified, and even required, to dirty their hands by behaving in ways that in ordinary situations would be strictly forbidden and condemned.

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more.

_Religion and Morality_ seeks to answer two fundamental questions regarding the relation between religion and morality. The first is the puzzle posed by Socrates, the so-called '_Euthyphro_ dilemma', which asks: is morality valuable by virtue of its intrinsic importance and worth, or is morality valuable because, and only because, God approves it and commands us to follow its dictates? The second question is raised by Kierkegaard in _Fear and Trembling_. He asks: Is a conflict between religion and morality possible? Does God ever demand that we neglect our moral commitments? The discussion on these questions is divided into three parts. In the first two parts, we discuss the idea that morality depends on religion. The authors distinguish two types of dependence: strong dependence, according to which the very existence, or validity, of moral obligations depends on God's command, and weak dependence, according to which though morality itself is independent of God, God is necessary to enable human beings to know their moral duties and to carry them out. The authors reject the strong dependence thesis, as well as most versions of the weak dependence. The third part of the book discusses different versions of the view that religion might conflict with morality. The authors reject this view, and show that very few religious thinkers would follow it all the way through to its ultimate consequences. The book has implications for the philosophy of religion, in its emphasis on the centrality of the moral element in religion, and for moral philosophy, in its highlighting, among other things, of the nature of moral judgments.

"מעמדה של הדת במדינה תופס מקום מרכזי בשיח הציבורי והפוליטי, בארץ ובעולם. ייחודו של ספר זה בתפיסה השיטתית והמקיפה שלו באשר למקום הדת בישראל. מצד אחד, הספר דוחה את ההנחה הרווחת שלפיה הליברליזם מחייב את הפרדת הדת והמדינה. מצד אחר, הספר מציע פרשנות מצמצמת והגנות המיוחדות המוענקות לדתיים, המעוגנות בזכות לחופש דת ובחשיבות ההגנה על רגשות דתיים. נושאים מעוררי מחלוקת ורגישים כגון גיוס בחורי ישיבות, מימון ממשלתי לחינוך הדתי ונישואים וגירושים ברבנות נדונים בספר במבט מפוכח, משפטי ופילוסופי, המספק כלים לחשיבה צלולה ולדיון פורה". -- מעטפת אחורית.