Dan Baras

Dan is working on a PhD in philosophy  at Ben Gurion University under the joint supervision of David Enoch (HU) and Jerome Gellman (BGU). The dissertation will discuss implicative relations between moral and religious realisms. His MA thesis discussed arguments for and against moral intuitionism. Dan served as coordinator for a fellowship program on legal theory and Jewish studies at the Van Leer Institute in Jerusalem. In addition, Dan has taught Jewish studies and Philosophy in a variety of institutions, among them Bet Midrash Havruta at the Hebrew University, and the Drisha institute in Manhattan, New-york. 

The Prophecy of the Jurist: Moral, Jurisprudential and Halakhic Intuitionism

Experience teaches us that legal systems, religious or secular, rule centered or precedent centered, are ineliminably underdeterminate. The jurist is forever destined to employ his own judgment, to call upon his own interpretive and normative intuitions in adjudication. Extrapolating particular verdicts from rules and precedent, is a practice common to jurists, halakhists and ethicists alike. Judgments produced by employing normative and interpretive intuitions are treated by those committed to the system as authoritatively binding. But how are these intuitions to be understood? Where do they come from and what explains their authoritative status? What follows will be an analysis of varied explanations of a common phenomenon, stemming from practitioners in very distinct philosophical cultures.