Welfare and Freedom: Towards a Semi-Kantian Theory of Private Law

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 Kant’s in that it understands private law as a means of instituting and protecting private freedom. Yet, semi-Kantians insist that the choice between different private law programs, which respect private freedom equally well, can at times be justified by considerations of aggregate welfare and distributive justice, as well as other considerations that concern the impact on society as a whole.

     

Between reform and Islam: The Arab spring in Jordan 2011–2014

This article discusses the Arab Spring in Jordan and the reasons the Hashemite regime was able to survive it. Liberals, retired military officers, young people, members of tribes, and members of the Muslim Brotherhood all participated in the demonstrations against the regime, which began in January 2011. In the beginning, it seemed that diversified demonstrations would bring about the regime’s collapse, as happened in other Arab countries. But in the end, it turned out that each group acted in its own interests. Tribal leaders worried about economic concerns, liberals sought to promote political reform, and the Muslim Brotherhood demanded the establishment of an Islamic caliphate. The lack of a common goal combined with Jordan’s policy of allowing demonstrations free from the fear of violent repression, sapped protesters’ motivation and minimized the number of participants. The fear of the type of anarchy and terror seen in Syria and Egypt also frightened the protesters and led them to the conclusion that it is better to live in an undemocratic but stable regime than pursue a fight for democracy that might end badly. Ultimately, it was King Abdullah’s astute political strategy in combination with international contingencies that enabled Jordan’s Hashemite regime to survive the Arab Spring.     

Pantheonizing the Jerusalem Haram: from Pan-Islamic to a national Palestinian pantheon

Analyzing the initiative to establish an Islamic–Arab–Palestinian pantheon in the holiest place in Jerusalem against the background of the Arab–Jewish conflict in Palestine, this article discusses the transformation of the Haram pantheon from an all-Islamic burial place to a Palestinian national one in which the Husayni family was given priority. Understanding decision-making regarding who was entitled to be buried in this special place is the main focus of the article. The eight personalities who were buried at the Haram signify different motivations according to the authority in charge of allowing the burial in the Haram, family ties and networks and the political needs of the Arabs of Palestine as well as the Hashemites.