Israel J. Cohen

Halakhic jurisprudence distinguishes between factual uncertainty, where the relevant non-normative facts are unknown, and normative uncertainty, where the applicable halakhic norms are unknown. This distinction is reflected in the claim that certain jurisprudential principles, most notably hazaka (a legal presumption in favor of the status quo), apply in cases of factual uncertainty but not in cases of normative uncertainty. The philosophical basis of this asymmetry, however, is far from clear. This thesis develops an explanation grounded in the different modal and epistemic structures of factual and normative uncertainty. It argues that reliance on hazaka is subject to a modal constraint: a ruling based on hazaka must be capable, a priori, of conforming to all the known facts. Normative uncertainty cannot satisfy this condition in the same way factual uncertainty can. The thesis then examines the assumption that halakhic norms are necessary, ultimately replacing a strong metaphysical necessity claim with a more modest internal-halakhic thesis: halakhic reasoning systematically abstracts from the contingency of halakhic norms. The resulting account also suggests a broader framework for understanding normative uncertainty beyond halakha.

In my dissertation, "The Nature of Halakha: Philosophical Investigations," I explore the metaphysics of Halakha using contemporary analytical philosophy. The central question guiding my research is: How are the natural world and the world of Halakha related, according to the underlying assumptions of Halakha? My work consists of three papers addressing the relationship between natural facts and halakhic facts. In the first paper, I propose a shift from the traditional debate between halakhic realism and nominalism to a discussion of halakhic naturalism and non-naturalism. I evaluate arguments for and against various interpretations of these views, favoring a non-naturalistic perspective. In the second paper, I argue for a strong version of non-naturalism, which I term "Halakhic Occasionalism." This view suggests that God's primary involvement in the world is His responsiveness to halakhic practices. I analyze the Talmudic principle that "the mitzvot were not given to produce benefit" and its implications, using this analysis to support the occasionalist interpretation. The third paper examines the metaphysical nature of halakhic laws, focusing on the relationship between their general aspect and specific applications. I present two competing theses: Halakhic Generalism and Halakhic Particularism. I argue that the particularist position better justifies the halakhic principle that "no prohibition applies to prohibition" in cases of normative overdetermination. Throughout my dissertation, I argue that the halakhic concepts do not carve nature at its joints, indicating that the halakhic framework does not align with the natural divisions of the physical world. I explore this insight across the three papers, contributing to an understanding of the relationship between God, the natural world, and halakhic practice. My work aims to contribute to the field of philosophy of Halakha by applying analytical methods to traditional Jewish legal concepts. I also seek to bridge discussions in metaethics, philosophy of religion, and philosophy of law with halakhic thought, offering perspectives on longstanding questions in Jewish legal philosophy. I draw on sources including Talmudic literature, Jewish commentaries, and contemporary philosophical works. By engaging with traditional Jewish texts and modern analytical philosophy, I create an interdisciplinary approach to understanding the nature of Halakha.

Halakha consists of a variety of laws that determine the halakhic status of various actions. Halakhic laws, by their very nature, have a general aspect in that they apply to all similar actions under similar conditions. In this paper, I examine, from a philosophical-analytical point of view, the relationship between the general aspect of the halakhic laws and the fact that these laws apply to particular actions. After the introduction, this paper is divided into three parts. First, I distinguish between two competing theses regarding the "metaphysical order" between the general aspect of halakhic law and its individual cases. The first one, I call 'Halakhic Generalism', according to which the general aspect of Halakhic law has essential precedence. The second one I refer to as 'Halakhic Particularism', according to which the general aspect of the halakhic law is nothing more than a generalization of all its individual cases. In the second part of the paper, I argue that the particularist position has the power to justify a unique and puzzling halakhic principle. According to this principle, in cases of normative over-determination where the same action is forbidden due to two different halakhic laws, then "a prohibition does not apply to a prohibition". Finally, I compare the reasoning I offer for this principle to alternative justifications of said principle. I argue that, compared to the alternatives, the particularist position provides the best explanation for the principle.

In this paper I discuss the nature of halakhic facts and I frame the discussion in a broader meta-ethical context. Most of the existing literature on the philosophy of halakha has focused on the contrast between ‘Halakhic Realism’ and ‘Halakhic Nominalism’. This theoretical contrast is vague and includes a wide range of theories. Inspired by the meta-ethical literature, I propose to focus the discussion on views that can be called ‘Halakhic Naturalism’ and ‘Halakhic Non-naturalism’. I present, develop and distinguish between different meanings of 'naturalism' and consider arguments for and against 'Halakhic Naturalism'. The purpose of this paper is twofold: First, to present and demonstrate the fruitful encounter between meta-ethics and the philosophy of halakha. Second, to present, evaluate and promote the substantive discussion of naturalistic and non-naturalistic views.