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From Critical to Prophetic Idealism: Ethics, Law, and Religion in the Philosophy of Hermann Cohen From Critical to Prophetic Idealism: Ethics, Law, and Religion in the Philosophy of Hermann Cohen by Paul Egan Nahme A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department for the Study of Religion University of Toronto © Copyright by Paul Egan Nahme 2013 ii From Critical to Prophetic Idealism: Ethics, Law, and Religion in the Philosophy of Hermann Cohen Paul Egan Nahme Doctor of Philosophy Department for the Study of Religion University of Toronto 2013 Abstract In this study of the nineteenth-century German-Jewish philosopher Hermann Cohen, I argue that Cohen’s major revision of Kantian ethics and moral theology is permeated with concepts drawn from and logically contoured by his interpretation of Maimonidean rationalism and Jewish sources, more generally. Through an idealizing hermeneutic, Cohen normativizes certain philosophical problems in post-Kantian philosophy and addresses them under the title of “pantheism” and “positivism”. Between both pantheism and positivism, Cohen’s idealism presents a middle path, which I describe as “prophetic idealism,” or a philosophy of time and ideality that interprets history, law, and ethical normativity as future-oriented. In other words, “prophecy” intimates a methodological role for temporality in practical philosophy and introduces a new meaning for legality in ethics. Cohen therefore offers a philosophy of Judaism, as a philosophy of religion, by normativizing the idea of prophecy and making it a conceptual model for reason- giving, agency, legal norms and ethical action. By focusing upon the critique of both pantheism and positivism, this dissertation therefore argues that Cohen’s negotiations of nineteenth-century philosophical problems introduces a normative role for Judaism as a public philosophy and the argument concludes by suggesting that Cohen’s philosophy of Judaism is instructive for contemporary public philosophy. iii Acknowledgments I have benefitted from the support of many people, both intellectually and emotionally, over the past few years while working on this project. No one deserves more thanks and credit than my incredible wife, Brauna. There are no limits to her love and support; and to my sons Elias and Benjy, who remind me daily that the future is our homeland. To all my parents, Mom, Dad, Mark, Karen, and Norman; and to my family, Jaime and Brad, Amelia, Taylor, Aurie, and Josh, I love you all. My colleagues have shared their insights and criticisms in such warm dialogue that I believe myself blessed to have such companionship in philosophical thought. My gratitude goes to Shira Billet for conversations about Kant and social thought, and her and Steven’s profound friendships. To Eli Sacks, my big brother and intellectual role model, who is a friend like no other; to Tim Langille for reminding me that a scholar is nothing unless he is a Mensch first and foremost; to Matt King for showing me the wisdom of interpretation, listening, response, and most importantly, savouring every moment; to Yoni Brafman for sharing his commitment to rational and thoughtful Judaism and profound insights into the meaning of obligation; to Sam Brody for sharing with me his commitment to a world in which prophetic justice is not myth. At Toronto I benefitted and learned from the wit and wisdom of Tyson Gofton, Karen Nisenbaum, Anthony Bruno, Jason McKinney, and Paula Schwebel, who all shared their generous thoughts and comments on different ideas along the way. At NYU I benefitted from the group therapy, laughs, and encouragement of Hillel Ben Sasson and Lynn Kaye. I have been fortunate to have many faculty mentors while in graduate school. In my field and beyond, they have all been a source of inspiration. Many thanks to Anver Emon for all his encouragement and thoughtful suggestions in the early stages of my research; he is a truly wonderful teacher and I cannot begin to express my gratitude for his patience and support. To Hindy Najman for her mentorship and conversation. I am so thankful for having been able to iv learn from her. To Alan Mittleman, Ken Green, Pamela Klassen, and Leora Batnitzky I am thankful for the example of how to balance serious scholarship and family life. My sincere thanks goes to Rav Asher Turin, who showed endless patience and kindness toward me and introduced me to the sea of Talmud and Rabbinic literature. My deepest respect and thanks to Rav Dov Linzer, Rav Ysoscher Katz, and Rav Yaacov Love for teaching me how to balance a critical eye with devotion, charitable interpretation, and a sensitivity to the diverse voices in the halakhah. To my advisors, I owe a profound respect, thanks, and appreciation. David Novak has been a rav, a teacher, an example of intellectual fortitude and Jewish commitment. I’ve never known a better teacher and mentor, whose willingness to sit and think through questions with me, allowing me the independence to think through problems on my own, making mistakes in the process, yet always guiding me toward a more responsible judgment. He has taught me to look for Torah in everything and I hope to live up to his example. Bob Gibbs, my teacher, whose depth of soul and thought has been of delight to learn from. So much of him is in this work, both in the margins and explicitly, that it is difficult to credit him sufficiently. But as Rav and Abbaye suggest in Baba Batra 12a-b, when words are said by one and they are said again by someone else in the name of a great man, or even said again to be a halakhah le-moshe mi-sinai, one should know that this is prophecy. Paul Franks has set an example of impeccable scholarship and erudition. I can only strive for his learnedness and see his philosophical rigour as an ideal to work toward. I have also benefitted from the generous financial support of a number of institutions, to which I would like to extend my deepest thanks: The Social Sciences and Humanities Research Council of Canada; the Tikvah Fund; the Tikvah Center for Law and Jewish Civilization at NYU School of Law, Cardozo School of Law at Yeshiva University, Yeshivat Chovevei Torah, the Centre for Jewish Studies and the Department for the Study of Religion at the University of Toronto. Special thanks to Fereshteh Hashemi for making my graduate career run so smoothly. v To the many people that are not listed here, you are not forgotten, and your influence and help has been a blessing for me. Please accept my eternal thanks to you all. Paul E. Nahme Overland Park, KS 7 Tishrei, 5774/September 11, 2013 vi Contents Introduction: Pantheism, Positivism, and Prophecy: The Constellations of Hermann Cohen’s Philosophy 1 Introduction . 1 2 Idealization and Hermeneutics . 6 3 The Primacy of Practical Reason and the Legacy of Pantheism. 11 4 Neo-Kantianism: Idealism or Positivism? . 17 5 Maimonidean Influences on German Philosophy. 26 6 The Principle of Prophecy. 30 Chapter 1: Ethics, Nature, and the Polemic Against Pantheism in Cohen’s Neo-Kantianism 1 Introduction. 37 2 Cohen’s Critique of German Idealism. 40 3 Legality and Morality. 44 3.1 Natural vs. Ethical Experience: Cognition and Normativity. 46 3.2 The Idea and the Thing in Itself. 51 3.3 Ideal Norm and Action: The Typic-Problem. 58 3.4 The Moral Law and Noumenal Reality. 64 4 Conclusion: The Harmonization of Nature and Morality. 69 Chapter 2: The Ethics of Law between Positivism and Pantheism: Hermann Cohen’s Practical Philosophy 1 Introduction. 78 1.1 Chapter Overview. 84 2 Legal Philosophy in Nachmärz Germany. 85 2.1 State-Law Theory: Pantheism within Positivism? . 86 vii 2.3 Law and Morality Amidst State Religion and Secular Law . 92 3 Cohen’s Ethik in Historical Context . 94 3.1 The Concept of Man and the Concept of Action. 97 3.2 Pure Will and the Basis of Right. 104 3.3 The Contract and Ethical Self-Consciousness. 108 4 Otto von Gierke and the Genossenschaftsrecht School. 109 4.1 Cohen’s Theory of the Corporation . 113 5 How to Avoid the Idolatry of the State: Law as Idealization. 117 5.1 Historicism and Naturalism. 120 6 The Kingdom of Ends, Positivism, and Religion. 124 7 Conclusion: Wissenschaft des Judentums as a Methodological Middle? . 128 Chapter 3: The Principle of Prophetic Idealism: Cohen’s Maimonidean Typic of Practical Reason 1 Introduction: The Problem of Nature and Ethics . 135 1.2 Logic and Ethics; Pantheism vs. Monotheism. 139 1.3 From Kantian to Maimonidean Idealism . 144 2 Maimonides on Creation and the Miracle of Law . 148 2.1 Temporality and Prophecy . 156 2.2 The Purpose of Nature and the Purpose of Law. 161 3 Cohen’s Maimonides: the Idea of the Good and the God of Ethics. 167 3.1 The Idea of the Good and the Temporality of Ethical Cognition. 170 4 Prophetic Principle & Messianic Schema: Cohen’s New “Typic” of Practical Reason . 175 5 The Messianic Kingdom of Ends . 181 viii Chapter 4: From Pantheism to Monotheism: Correlation, Moral Law, and Intellectual Intuition in Cohen’s Religion of Reason 1 Introduction . 190 2 Religion’s Methodological Share in Reason . 195 2.1 Religion and the Subject. 200 3 Maimonides on Prophetic and Performative Knowledge. 205 3.1 Creation, Prophecy, and the Dissolution of Intellectual Intuition . 208 4 Aesthetics, Psychology, and the Subject: the Question of Intuition. 212 4.1 Infinitesimal Monotheism . 222 4.2 Correlation as the Differential between God and Man. 225 4.3 Correlation as Positivized Prophecy. 233 5 Heilige Geist vs. Absolute Geist: A neo-Hegelian Excursus. 236 5.1 Holy Spirit II: Towards a Normative Interpretation of Religion.
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