Confucianism and cosmopolitanism

ABSTRACT

This essay investigates the Confucian cosmopolitan aspiration. First, it examines the nature of cosmopolitanism and its distinction from universalism. It demonstrates that cosmopolitanism is a philosophical doctrine that consists of two core tenets: (1) the tenet that humankind in whole is a social-political community under the rule of law; each person has global duty and obligation; (2) the tenet that a cosmopolitan world society is one of peoples of diverse cultures that are constellated into a community under the rule of law. Secondly, it explores Confucian cosmopolitanism consisting of five tenets: (1) the vision of humankind in whole as a community; (2) the concept of one’s cosmopolitan belonging; (3) the concept of equal moral worthiness of all human beings and inviolability of human dignity; (4) the concept of cultural diversity of humanity; and (5) the aspiration to a world society of permanent peace. Thirdly, it discusses why we must have a cosmopolitan reading, not a universalistic reading, of Confucianism.     

MUST ETHICS BE THEOLOGICAL? A CRITIQUE OF THE NEW PRAGMATISTS

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable.     

The Responses of Health Systems to Marital Sexual Violence – A Perspective from Southern India

ABSTRACT

Marital sexual violence is a serious problem in India. However, marital rape and most other forms of marital sexual violence are not criminalized in the country. This qualitative study with healthcare providers (physicians and nurses), lawyers, members of a non-profit organization that offers domestic violence support services out of a hospital, a journalist and two lawyers suggest that the majority of care providers recognize that marital sexual violence is a serious concern, and agree that health systems can play a vital role in addressing both the immediate biomedical concerns of survivors, and also overall well-being. The study reveals several systemic and internal factors that hinder responsiveness of Indian health institutions. These include, the absence of a protocol or uniform internal guidelines in most hospitals, a lack of screening programs to capture the presence of violence occurring when patients visit hospitals for other reasons, a large patient load, a lack of gender sensitivity in providers’ education, an absence of domestic violence shelters, and poor interlinkages between support services such as counseling and legal services. Notwithstanding these challenges, some exemplar physicians and nurses assist survivors of sexual violence, sometimes risking their own safety. The Indian health system can be made more responsive, provided these factors are addressed, and crucially budgets are allocated for interventions.     

THE UNIVERSALITY OF JEWISH ETHICS: A Rejoinder to Secularist Critics

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification ( ratio essendi ) of a totalitarian regime.     

TORTURE AND JUST WAR

I offer an argument for why torture, as an act of state‐sponsored force to gain information crucial to the well‐being of the common good, should be considered as a tactic of war, and therefore scrutinized in terms of just war theory. I argue that, for those committed to the justifiability of the use of force, most of the popular arguments against all acts of torture are unpersuasive because the logic behind them would forbid equally any act of mutilating or killing in battle. I will also argue that looking at torture through the perspective of the just war tradition forces us to place strictures on the practice that make it hard to justify, helps us to see why torture should never be legalized, helps us to clarify when circumstances might justify torture, and suggests what sort of character is required to recognize when those circumstances have occurred.     

Halakhah as Torat Hayyim: the values-conscious visions of Eliezer Berkovits and Emanuel Rackman

In the third quarter of the twentieth century, Eliezer Berkovits and Emanuel Rackman were two of the most articulate spokesmen of an approach to the interpretation and application of Jewish law, in the United States, identified with modern Orthodoxy. Each viewed their understanding of the development of Halakhah as an organic expression of the millennia-old process that is torat hayyim, living Torah. Both Berkovits and Rackman moved to Israel in the 1970s; each was, increasingly, marginalized in the world of organized Orthodoxy.

The tropes sounded by Berkovits and Rackman were remarkably consistent over their careers. One particular area that both recognized as urgently calling for halakhic development was matters relating to women. In this connection, as with other issues they addressed, they maintained that Torah principles of the ethical have a significant role to play in Jewish legal development. This essay focuses on the visions of halakhic development articulated by Berkovits and Rackman during the third quarter of the twentieth century.     

GENOCIDAL MUTATION AND THE CHALLENGE OF DEFINITION

Abstract: The optimum definition of the term “genocide” has been hotly contested almost since the term was coined. Definitional boundaries determine which acts are covered and excluded and thus to a great extent which cases will benefit from international attention, intervention, prosecution, and reparation. The extensive legal, political, and scholarly discussions prior to this article have typically (1) assumed “genocide” to be a fixed social object and attempted to define it as precisely as possible or (2) assumed the need for a fixed convention and sought to stipulate the range of events that should be denoted by the term. Even if its meaning is a matter of convention, however, “genocide” is not a fixed object but varies by context and evolves in methods and forms over time. In fact, as relevant laws, legal interpretations, and political commitments develop, so do would‐be perpetrators modify what genocide is in order to avoid political and legal consequences. This article advances an approach to a definition of “genocide” that allows even legal definitions to keep pace with this evolutionary process.     

Law and Gospel,or the Law of the Gospel? Karl Barth’s Political Theology Compared with Luther and Calvin

This essay is an attempt to understand the significance of Barth's redefinition of the "law/gospel" rubric for political theology. Barth's thought is exposited at length, and illumined by comparison with Luther and Calvin. Luther emphasizes the distance between gospel and the law, distinguishing between serving God in the secular regiment, and serving Christ in the spiritual regiment. He thereby challenges the improper relation of state and church, but does so in a manner that can lead to a passive dualism. Calvin holds that preaching the law to the state includes preaching the gospel; thus, the church has a positive vision against which it can evaluate the state's service to God in Christ. This leads, however, to the danger of a 'clerical guardianship' of the state.
Barth finds a positive connection between the two governments in the fact that both communities are based in Christ, in whom the gospel is their law. This grounds his high view of the state as predecessor to the heavenly kingdom, as well as a prophetic mission of the church to the state. This does not lead to a new Christendom, however, first, because Barth hopes not for a kingdom wrought by human hands, but for the Theocracy of God, and second, because Barth sees the fallen reality of both church and state, the state pagan and violent, and the church a poor witness. In the end, though Barth makes a strong case for supporting theological critique of the state, while avoiding Constantinianism, he is unable to solve the problem of how to connect the gospel and the law in the civil community.     

WHAT IS IMMANENT IN JUDAISM? Transcending A Secular Age

This essay takes on the implicit claim in Taylor's A Secular Age, forecast in some of his earlier writings, that the desire for a meaningful life can never be satisfied in this life. As a result, A Secular Age is suffused with a tragic view of existence; its love of narratives of religious longing makes no sense otherwise. Yet there are other models of religion that lend meaning to existence, and in the majority of this essay, I take up one model that Taylor ignores in A Secular Age, namely that of a God who is immanent in social life throughout religious law. Turning to Maimonides's account of divine law in the Guide of the Perplexed, I argue that a vision of the divine law that is divine because of its effects in society, namely the promotion of human welfare, can mend the relations between varying kinds of believers and unbelievers in a way that Taylor thinks is impossible. A God who commands laws is a God who inaugurates an “anthropocentric shift” long before current understandings of secularization see it beginning.