A Jewish Modified Divine Command Theory

We claim that divine command metaethicists have not thought through the nature of the expression of divine love with sufficient rigor. We argue, against prior divine command theories, that the radical difference between God and the natural world means that grounding divine command in divine love can only ground a formal claim of the divine on the human; recipients of revelation must construct particular commands out of this formal claim. While some metaethicists might respond to us by claiming that this account leads to an inability to judge between better and worse constructions of the commanded life, we propose that an analysis of the human response to divine love—theological eros—can be the basis for an articulation of a philosophical theology (in our case, negative theology) that can guide the religious believer toward generating particular principles for ethical action that are grounded in an account of divine action. By linking divine command to imitatio Dei, the believer can have confidence that her imitative acts of God are not inaccurate constructions of the commanded life.     

Judaism and the Contingency of Religious Law in Kant’s Religion within the Boundaries of Mere Reason

For Kant’s moral universalism, contingent religious law is legitimate only when it serves as a means of fulfilling the moral law. Though Kant uses traditional theological resources to account for the possibility of “statutory ecclesiastical law” in historical religions, he denies this possibility to Jewish law. Something like Kant’s logic appears in the work of some of his intellectual successors who continue to define Christianity in terms of its moral superiority to Judaism while attempting to excise remaining “Jewish” elements from it. A more adequate account of the Hebrew Bible, Judaism, and the origins of Christianity exposes deficiencies in Kant’s universalizing logic which seems to deny any intrinsic value to historical religions. A possible alternative may lie in a modified account of the relationship between the moral law and religious law, perhaps nourished by Jewish thought, including the rabbinic tradition of the Noachide commandments.     

Butler Interprets Aquinas

This essay examines whether the Catholic magisterium's use of Aquinas to condemn homosexual acts is actually Thomistic. Rather than being aligned with the magisterium, Aquinas advances a moral epistemology better illuminated by the work of philosopher Judith Butler. Deploying Butler as a means of immanent critique, I show how magisterial attempts to argue against lesbian and gay sex fail on their own terms. Reading Aquinas alongside Butler shows us why we need not choose between fidelity to Thomistic natural law and affirmation of lesbians and gays.     

Aquinas on Natural Law and the Virtues in Biblical Context Homosexuality as a Test Case

Marriagelike homosexual relationships expose a division among ethicists following Aquinas. Those emphasizing natural law may call such relationships unnatural; those emphasizing the virtues may approve of relationships fostering love and justice. Natural law, the virtues, and homosexuality all show up in Aquinas's Commentary on Romans —untranslated and hardly cited. Romans 1:18 opens a discussion of justice. Verse 20 provides Aquinas's chief warrant for natural law. Verse 26 applies virtue and law to "the vice against nature." But Aquinas's account also depends on Paul as an exemplar of virtue and on Aquinas's high regard for the Bible. Aquinas deploys natural law as a mode of biblical exegesis, not an alternative to it. In the De potentia , Aquinas considers how to proceed when nature and Scripture seem to conflict. The account does not settle, but rather makes more room for, dispute.     

GRATIAN AND MENGZI

In this essay, I compare two pioneer thinkers of the “just war” tradition across cultures: Gratian in the Christian tradition, and Mengzi (Mencius) in the Confucian tradition. I examine their historical-cultural contexts and the need for both to discuss just war, introduce the nature of their treatises and the rudimentary theories of just war therein, and trace the influence both thinkers’ theories have had on subsequent just war ethics. Both deemed just cause, proper authority, and right intention to be necessary conditions for initiating a just war. However, Gratian’s theory has a presumption against injustice whereas Mengzi’s theory has a presumption against war. As a jurist of the Church, Gratian sought to discriminate just from unjust wars, while Mengzi, a moral-political advisor to rulers, was more concerned with avoiding bloodshed and building lasting peace. In addition to examining these thinkers’ respective historical influences, I submit that Gratian’s Decretum and the Mengzi are pioneering in two more senses. First, they offer important clues to understanding how just war ideas were developed very differently in medieval Europe and in premodern China. Second, both embodied features that helped shape their subsequent intellectual tradition, which in turn molded the different legacies of these two works.     

Is Natural Law a Border Concept Between Judaism and Christianity?

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti‐ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition.     

RECONSIDERING THE RELATIONSHIP BETWEEN VITORIA AND GROTIUS’S CONTRIBUTIONS TO THE INTERNATIONAL LAW AND NATURAL LAW TRADITIONS

In light of recent reevaluations of the work of Hugo Grotius, this essay analyzes the respective roles of Francisco de Vitoria and Grotius in the construction of the “Grotian tradition” of international law and human rights. In contrast to conventional accounts which understand the two within a progression, this essay argues that Vitoria and Grotius can alternatively be understood as representing two distinct strains of international law and ethics, forms of which persist to this day. The first is that strain which privileges local governance based on the natural law and which insists that international law must have a moral or equitable valence (represented today by liberal internationalism). The second, competing strain which, with its focus on “neutral” rules of commerce and international order, presumes that it need not have such a valence (essentially, neoliberalism). In the process, this essay examines the role of the natural law in Vitoria’s thought, which for him was most often a reason against interference or intervention, not for. The essay also highlights the role of the Eighty Years’ War between the Dutch United Provinces and Spain in the development of Grotius’s understanding of sovereignty, in contrast to the Thirty Years’ War which is given more prominence in conventional accounts.     

CALVINIST RESOURCES FOR CONTEMPORARY AMERICAN POLITICAL LIFE: A Critique of Michael Walzer's Revolution of the Saints

Inheriting the religious prejudices of the Enlightenment, many supporters of liberal democracy consider John Calvin's theology contrary to the norms and virtues necessary for productive public discourse in a religiously and culturally diverse society. In Revolution of the Saints: A Study in the Origins of Radical Politics , Michael Walzer makes a similar assumption, arguing that, despite its contribution to political modernization, the inherent fideism, absolutism, and intolerance of Calvinism constitutes a threat to public discourse in liberal society. In this paper, I contend that the prevailing understanding of Calvin's theology is incorrect. In actuality he is a nuanced natural law thinker, whose complex understanding of human nature and the state encourages the subtle balance of virtues that contemporary political life requires.