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Asa Kasher

Tel Aviv University, Philosophy, Faculty Member

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Asa Kasher is Professor Emeritus of Professional Ethics and Philosophy at Tel Aviv University and a Senior Researcher at the Institute of National Security Studies. In 2000, Professor Kasher was awarded the Israel Prize for his work in philosophy and ethics. Prof. Kasher is author of the IDF’s Code of Ethics.

[This page is curated by Mr. Menachem Butler of Cambridge, MA, with the endorsement and on behalf of Professor Asa Kasher.]

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Articles & Reviews by Asa Kasher

Asa Kasher, “The Spectrum of Negative Criticism: From Objective Reasoning to Anti-Semitism,” (Jerusalem: Jerusalem Center for Public Affairs, 2020), 91-102

The examination of anti-Israel statements for elements of anti-Semitism should begin with pinpoin... more The examination of anti-Israel statements for elements of anti-Semitism should begin with pinpointing an exact definition of anti-Semitism, as a type of racial discrimination, as set out in the International Convention for the Elimination of Racial Discrimination of 1965. A negative assessment is a legitimate criticism when it is properly reasoned and based on principles, data, analyses, and forecasts, with the objective of reaching a sound evaluation. If a negative assessment is thus reached, it is legitimate criticism. Meaning, context, and communication patterns must be analyzed to assess legitimate criticism. The speaker's justification for his or her statement on the subject can be evaluated by observing a personal connection to the subject, whether the subject is selective, and whether it concerns the speaker without bias.

Asa Kasher, “The Value of Statehood in the Ethics of the IDF,” in Idit Shafran Gittleman, ed., Mamlakhtiut and the IDF Code of Ethics (Jerusalem: The Israel Democracy Institute, 2020), 59-69 (Hebrew)

Asa Kasher, “A Unique Path to the Law of the Terminally Ill Patient,” Refuah ve-Mishpat, no. 51 (July 2019): 114-120 (Hebrew)

Asa Kasher, “Human shields for BDS are complicit in its transgressions,” Ynet (7 June 2019)

Asa Kasher, “The Human Shields of the New Anti-Semitism,” Jerusalem Center for Public Affairs (27 June 2019)

Asa Kasher and Fiamma Nirenstein, “Morality and Immigration,” in Fiamma Nirenstein, ed., The Migration Wave into Europe: An Existential Dilemma (Jerusalem: Jerusalem Center for Public Affairs, 2019), 23-36

Eli Bukspan and Asa Kasher, “Human Rights in the Private Sphere: Corporations First,” University of Pennsylvania Journal of International Law, vol. 40, no. 2 (2019): 419-464

The purpose of the article is to establish and theoretically justify a new "constitutional mindse... more The purpose of the article is to establish and theoretically justify a new "constitutional mindset" for a direct application of constitutional human rights in the private sector, based on moral arguments that are reinforced and illustrated by today's democratic and social reality. Generally, constitutional human rights are viewed as part of public law and are to be applied in private law through the indirect application model; however, this doctrine has proven to be limited, implicit, and unsystematic. According to our view, moral ideals at the heart of a democratic regime hold the basis for individual direct reliance on constitutional human rights, regardless of whether the breaching entity is a government, corporation, or individual.

Asa Kasher, “Academic Ethics, State Regulation and Political Anarchism,” Israel Yearbook on Human Rights, vol. 48 (Tel Aviv: Tel Aviv University, 2018): 200-259

Asa Kasher, “When Academia Is Afraid of Ethics,” Hashiloach, no. 9 (April 2018): 73-102 (Hebrew)

Asa Kasher, “Imminence Reconsidered,” in Anne Bayefsky and Laurie Blank, eds., Incitement to Terrorism (Leiden: Brill, 2018), 129-133

Asa Kasher, “Introduction,” in Ayala Yaniv, ed., Zechariah’sh: The Last Commander of the Ghetto (Tel-Aviv: Deror la-Nefesh, 2018), 9-12 (Hebrew)

Asa Kasher, “Ethics and Professional Ethics,” in Rafael S. Feuerstein, ed., Breaking through the Glass Wall: Intimacy and Marriage for People with Disabilities (Rishon LeZion: Miskal, 2018), 43-56 (Hebrew)

Eli Bukspan and Asa Kasher, “Direct Incidence of Constitutional Human Rights on the Citizenry,” Tel Aviv University Law Review, vol. 40, no. 1 (2017): 45-116

' religion, race, caste, sex, place of birth or any of them, be subject to any disability, liabil... more ' religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or CONSTITUTION) r"iiVmpb 35 'D INxi 7: .dedicated to the use of the general public" "() The fundamental .Q-"WV liir :Tbrb ;FEDERAIE [CST] [CONSTITUTION] (Switz.) fights shall be realized in the entire legal system. (2) Whoever exercises function of the state must respect the fundamental fights and contribute to their realization. (3) The authorities shall ensure that the fundamental rights also be respected in relations .among pfivate parties whenever the analogy is applicable" ... 'lIt 0000ri wo8 =hll Doin 010 n:0)-?-I nilin rzi 0'7 t-710i ,01mm00o' "i971-i inp" K"Whm Krvinn1 294/91 X"Y ".=YS 71n 010 4191/97 }'"-713 11:1 1IN MA 181 .(01IUOI0 71i :1Vi (1992) 530 ,464 (2)10-1"!) ,7:)N" :(11Vi :$i (2000) 362 ,330 (5)13-1"!) ,-MMO *21lim '21-1" 21p' Dili 0010n 1 00vr0 ?pM O 00; n'llih nznrl v inlm OrK-11o00 rin11py ."..it:) ri'vi138 rm'liin Dri ,13IU0p }7W M I181.395-390 'nY:1,4 tr"A 'Y ,"uW10M unn'ri nrnpli n11n" (12n 8-7"! ,n"Yn (1965) wn*-i ri011n ft=0 'I 71H 3414/93 X"Y ;530 'nYl ,7 v"A 'Y :}i)(2000) 850 (3)13 1"!D,190t 'I AES System Inc. 6601/96 N"Y;(1995) 196 (3)un .(190 711V r"1110 n 711 l1 .1ip1? 90 1nyn In10iu 018N mlrlti Dn wA oin On In 9 (1978) 359 ,337 (3):I 1"! ,n~yn "}-ixr" lihy Drisiriny x"iur 9817' m rrWin 9/77 13DDwv 'D V, pxR .-I:) r1890 711 T 18 'N V n-R 11:10 IN ,'0 y ".'1'@01 01 8900-yn y11l

Asa Kasher and Ziva Shamir, “Books and Writers in the ‘Global Village’ Era: Opportunities and Risks,” Gag: A Periodical of Israeli Contemporary Literature, no. 43 (2017): 43-54 (Hebrew)

Asa Kasher, “Soldiers as Subjects of Medical Research: Comments on Hassidim et al. on Ethical Standards of the Israel Defense Force,” Israel Journal of Health Policy Research, vol. 6 (2017): 1-4

In 2008 a group of former soldiers of the Israel Defense Force (IDF) sued the Ministry of Defense... more In 2008 a group of former soldiers of the Israel Defense Force (IDF) sued the Ministry of Defense and others, claiming they had suffered from medical problems that resulted from an IDF medical experiment in which they had participated in the 1970s. There was no compelling medical evidence with respect to causal relationships between their participation in the experiment and their later medical problems. The President of the District Court, Justice Hila Gerstl, appointed me, with the consent of the parties, to write a deposition with respect to the ethical aspects of the case. My comments in the sequel rest on my deposition, applying not only to the case that had been under discussion but also to each and every case of experimentation. My arguments, strictly confined to the ethical aspects of the case, as opposed to the legal aspects and the debated facts, were not in favor of either party. As a result the state and the former soldiers reached an agreement approved by the court. One of the major points made in that deposition is that the Nuremberg and Helsinki principles follow from those of medical ethics in general, except for the requirement to have an Institutional Review Board (IRB). A second major point is that under very strict conditions, more than what is usually required, soldiers may participate in medical experiments administered by their military force. However, new conscripts during their first months of their service should not take part in medical experimentation within their military force.

Eli Bukspan and Asa Kasher, “The Direct Application of Human Rights to the General Population,” Tel Aviv University Law Review, vol. 40, no. 1 (June 2017): 45-115 (Hebrew)

‫כשר‬ ‫ואסא‬ ‫בוקשפן‬ ‫עלי‬ religion, race, caste, sex, place of birth or any of them, be subject... more ‫כשר‬ ‫ואסא‬ ‫בוקשפן‬ ‫עלי‬ religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or Constitution(‫שווייץ‬ ‫לחוקת‬ 35 ‫ס'‬ ‫ראו‬ ‫כן‬ .dedicated to the use of the general public" "(1) The fundamental ‫שווייץ).‬ ‫חוקת‬ ‫להלן:‬ ;fédéRaLe [Cst] [Constitution] (Switz.) rights shall be realized in the entire legal system. (2) Whoever exercises function of the state must respect the fundamental rights and contribute to their realization. (3) The authorities shall ensure that the fundamental rights also be respected in relations .among private parties whenever the analogy is applicable"

Asa Kasher, “Democracy Facing Terrorism: Human Rights and Military Ethics,” in Fiamma Nirenstein, ed., Lessons from Israel’s Response to Terrorism (Jerusalem: Jerusalem Center for Public Affairs, 2017), 23-36

Asa Kasher, “Killer Israeli Soldier Deserves Prison Not Pardon — Democracy Depends on It,” The Forward (12 January 2017)

Asa Kasher, “Using Sperm from a Deceased Individual for the Birth of a Child to Be Raised by the Deceased Parents: Legal Opinion on a Civil Case,” Bioethics, no. 16 (January 2017): 33-41 (Hebrew)

Asa Kasher, “Ethics in Educational Activities and Instruction,” Bitaon Mofet Journal, no. 59 (December 2016): 3-4 (Hebrew)

Asa Kasher, “The Spectrum of Negative Criticism: From Objective Reasoning to Anti-Semitism,” (Jerusalem: Jerusalem Center for Public Affairs, 2020), 91-102

The examination of anti-Israel statements for elements of anti-Semitism should begin with pinpoin... more The examination of anti-Israel statements for elements of anti-Semitism should begin with pinpointing an exact definition of anti-Semitism, as a type of racial discrimination, as set out in the International Convention for the Elimination of Racial Discrimination of 1965. A negative assessment is a legitimate criticism when it is properly reasoned and based on principles, data, analyses, and forecasts, with the objective of reaching a sound evaluation. If a negative assessment is thus reached, it is legitimate criticism. Meaning, context, and communication patterns must be analyzed to assess legitimate criticism. The speaker's justification for his or her statement on the subject can be evaluated by observing a personal connection to the subject, whether the subject is selective, and whether it concerns the speaker without bias.

Asa Kasher, “The Value of Statehood in the Ethics of the IDF,” in Idit Shafran Gittleman, ed., Mamlakhtiut and the IDF Code of Ethics (Jerusalem: The Israel Democracy Institute, 2020), 59-69 (Hebrew)

Asa Kasher, “A Unique Path to the Law of the Terminally Ill Patient,” Refuah ve-Mishpat, no. 51 (July 2019): 114-120 (Hebrew)

Asa Kasher, “Human shields for BDS are complicit in its transgressions,” Ynet (7 June 2019)

Asa Kasher, “The Human Shields of the New Anti-Semitism,” Jerusalem Center for Public Affairs (27 June 2019)

Asa Kasher and Fiamma Nirenstein, “Morality and Immigration,” in Fiamma Nirenstein, ed., The Migration Wave into Europe: An Existential Dilemma (Jerusalem: Jerusalem Center for Public Affairs, 2019), 23-36

Eli Bukspan and Asa Kasher, “Human Rights in the Private Sphere: Corporations First,” University of Pennsylvania Journal of International Law, vol. 40, no. 2 (2019): 419-464

The purpose of the article is to establish and theoretically justify a new "constitutional mindse... more The purpose of the article is to establish and theoretically justify a new "constitutional mindset" for a direct application of constitutional human rights in the private sector, based on moral arguments that are reinforced and illustrated by today's democratic and social reality. Generally, constitutional human rights are viewed as part of public law and are to be applied in private law through the indirect application model; however, this doctrine has proven to be limited, implicit, and unsystematic. According to our view, moral ideals at the heart of a democratic regime hold the basis for individual direct reliance on constitutional human rights, regardless of whether the breaching entity is a government, corporation, or individual.

Asa Kasher, “Academic Ethics, State Regulation and Political Anarchism,” Israel Yearbook on Human Rights, vol. 48 (Tel Aviv: Tel Aviv University, 2018): 200-259

Asa Kasher, “When Academia Is Afraid of Ethics,” Hashiloach, no. 9 (April 2018): 73-102 (Hebrew)

Asa Kasher, “Imminence Reconsidered,” in Anne Bayefsky and Laurie Blank, eds., Incitement to Terrorism (Leiden: Brill, 2018), 129-133

Asa Kasher, “Introduction,” in Ayala Yaniv, ed., Zechariah’sh: The Last Commander of the Ghetto (Tel-Aviv: Deror la-Nefesh, 2018), 9-12 (Hebrew)

Asa Kasher, “Ethics and Professional Ethics,” in Rafael S. Feuerstein, ed., Breaking through the Glass Wall: Intimacy and Marriage for People with Disabilities (Rishon LeZion: Miskal, 2018), 43-56 (Hebrew)

Eli Bukspan and Asa Kasher, “Direct Incidence of Constitutional Human Rights on the Citizenry,” Tel Aviv University Law Review, vol. 40, no. 1 (2017): 45-116

' religion, race, caste, sex, place of birth or any of them, be subject to any disability, liabil... more ' religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or CONSTITUTION) r"iiVmpb 35 'D INxi 7: .dedicated to the use of the general public" "() The fundamental .Q-"WV liir :Tbrb ;FEDERAIE [CST] [CONSTITUTION] (Switz.) fights shall be realized in the entire legal system. (2) Whoever exercises function of the state must respect the fundamental fights and contribute to their realization. (3) The authorities shall ensure that the fundamental rights also be respected in relations .among pfivate parties whenever the analogy is applicable" ... 'lIt 0000ri wo8 =hll Doin 010 n:0)-?-I nilin rzi 0'7 t-710i ,01mm00o' "i971-i inp" K"Whm Krvinn1 294/91 X"Y ".=YS 71n 010 4191/97 }'"-713 11:1 1IN MA 181 .(01IUOI0 71i :1Vi (1992) 530 ,464 (2)10-1"!) ,7:)N" :(11Vi :$i (2000) 362 ,330 (5)13-1"!) ,-MMO *21lim '21-1" 21p' Dili 0010n 1 00vr0 ?pM O 00; n'llih nznrl v inlm OrK-11o00 rin11py ."..it:) ri'vi138 rm'liin Dri ,13IU0p }7W M I181.395-390 'nY:1,4 tr"A 'Y ,"uW10M unn'ri nrnpli n11n" (12n 8-7"! ,n"Yn (1965) wn*-i ri011n ft=0 'I 71H 3414/93 X"Y ;530 'nYl ,7 v"A 'Y :}i)(2000) 850 (3)13 1"!D,190t 'I AES System Inc. 6601/96 N"Y;(1995) 196 (3)un .(190 711V r"1110 n 711 l1 .1ip1? 90 1nyn In10iu 018N mlrlti Dn wA oin On In 9 (1978) 359 ,337 (3):I 1"! ,n~yn "}-ixr" lihy Drisiriny x"iur 9817' m rrWin 9/77 13DDwv 'D V, pxR .-I:) r1890 711 T 18 'N V n-R 11:10 IN ,'0 y ".'1'@01 01 8900-yn y11l

Asa Kasher and Ziva Shamir, “Books and Writers in the ‘Global Village’ Era: Opportunities and Risks,” Gag: A Periodical of Israeli Contemporary Literature, no. 43 (2017): 43-54 (Hebrew)

Asa Kasher, “Soldiers as Subjects of Medical Research: Comments on Hassidim et al. on Ethical Standards of the Israel Defense Force,” Israel Journal of Health Policy Research, vol. 6 (2017): 1-4

In 2008 a group of former soldiers of the Israel Defense Force (IDF) sued the Ministry of Defense... more In 2008 a group of former soldiers of the Israel Defense Force (IDF) sued the Ministry of Defense and others, claiming they had suffered from medical problems that resulted from an IDF medical experiment in which they had participated in the 1970s. There was no compelling medical evidence with respect to causal relationships between their participation in the experiment and their later medical problems. The President of the District Court, Justice Hila Gerstl, appointed me, with the consent of the parties, to write a deposition with respect to the ethical aspects of the case. My comments in the sequel rest on my deposition, applying not only to the case that had been under discussion but also to each and every case of experimentation. My arguments, strictly confined to the ethical aspects of the case, as opposed to the legal aspects and the debated facts, were not in favor of either party. As a result the state and the former soldiers reached an agreement approved by the court. One of the major points made in that deposition is that the Nuremberg and Helsinki principles follow from those of medical ethics in general, except for the requirement to have an Institutional Review Board (IRB). A second major point is that under very strict conditions, more than what is usually required, soldiers may participate in medical experiments administered by their military force. However, new conscripts during their first months of their service should not take part in medical experimentation within their military force.

Eli Bukspan and Asa Kasher, “The Direct Application of Human Rights to the General Population,” Tel Aviv University Law Review, vol. 40, no. 1 (June 2017): 45-115 (Hebrew)

‫כשר‬ ‫ואסא‬ ‫בוקשפן‬ ‫עלי‬ religion, race, caste, sex, place of birth or any of them, be subject... more ‫כשר‬ ‫ואסא‬ ‫בוקשפן‬ ‫עלי‬ religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or Constitution(‫שווייץ‬ ‫לחוקת‬ 35 ‫ס'‬ ‫ראו‬ ‫כן‬ .dedicated to the use of the general public" "(1) The fundamental ‫שווייץ).‬ ‫חוקת‬ ‫להלן:‬ ;fédéRaLe [Cst] [Constitution] (Switz.) rights shall be realized in the entire legal system. (2) Whoever exercises function of the state must respect the fundamental rights and contribute to their realization. (3) The authorities shall ensure that the fundamental rights also be respected in relations .among private parties whenever the analogy is applicable"

Asa Kasher, “Democracy Facing Terrorism: Human Rights and Military Ethics,” in Fiamma Nirenstein, ed., Lessons from Israel’s Response to Terrorism (Jerusalem: Jerusalem Center for Public Affairs, 2017), 23-36

Asa Kasher, “Killer Israeli Soldier Deserves Prison Not Pardon — Democracy Depends on It,” The Forward (12 January 2017)

Asa Kasher, “Using Sperm from a Deceased Individual for the Birth of a Child to Be Raised by the Deceased Parents: Legal Opinion on a Civil Case,” Bioethics, no. 16 (January 2017): 33-41 (Hebrew)

Asa Kasher, “Ethics in Educational Activities and Instruction,” Bitaon Mofet Journal, no. 59 (December 2016): 3-4 (Hebrew)

*Journal of National Defense Studies, no. 2-3*, ed. Asa Kasher (September 2003)

Defense Studies is concerned with the Academic debate on the wide aspects of national security is... more Defense Studies is concerned with the Academic debate on the wide aspects of national security issues. It is a platform on which investigators and other National Defense College graduates can express their academic papers publishes papers in all areas of national security. It encourages publication of papers written by graduates of the college and its faculty as a result of research they have done within the framework of the college.

Asa Kasher, *A Little Book on the Meaning of Life* (Tel Aviv: Hakibbutz Hameuchad and Yehoraz Association, 2002; Hebrew)

Asa Kasher, *Spirit of Man: Four Gates* (Tel Aviv: Am Oved and Yehoraz Association, 2000; Hebrew)

*The Meaning of Life*, ed. Asa Kasher (Tel Aviv: Hakibbutz Hameuchad, 1999; Hebrew)

*Pragmatics: Critical Concepts, vol. IV: Presupposition, Implicature and Indirect Speech Acts*, ed. Asa Kasher (London: Routledge, 1998)

*Pragmatics: Critical Concepts, vol. III: Indexicals and Reference*, ed. Asa Kasher (London: Routledge, 1998)

*Pragmatics: Critical Concepts, vol. II: Speech Act Theory and Particular Speech Acts*, ed. Asa Kasher (London: Routledge, 1998)

*Pragmatics: Critical Concepts, vol. I: Dawn and Delineation*, ed. Asa Kasher (London: Routledge, 1998)

Asa Kasher, *Military Ethics* (Tel Aviv: Ministry of Defense, 1996; Hebrew)

*Virtues and Emotions*, eds. Asa Kasher and Aharon Namdar (Ramat-Gan: Amutat Yehoraz, 1994; Hebrew)

*The Chomskyan Turn*, ed. Asa Kasher (Oxford: Blackwell, 1991)

All rights reserved. Except for the quotation of short passages for the purposes of criticism and... more All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher.

Asa Kasher and Shalom Lappin, *Philosophical Linguistics: An Introduction* (Kronberg: Scriptor Verlag, 1977)

Asa Kasher, *Linguistics and Logic: Conspectus and Prospects* (Kronberg: Scriptor Verlag, 1975)

*Israeli Philosophy: A Selection of Articles on General and Jewish Philosophy*, eds. Moshe Hallamish and Asa Kasher (Tel-Aviv: Papyrus Publications, 1983; Hebrew)

*Modern Trends in Philosophy*, eds. Asa Kasher and Shalom Lappin (Tel Aviv: Yahdav, 1982; Hebrew)

*Religion and Language: Philosophical Essays*, eds. Moshe Hallamish and Asa Kasher (Tel Aviv: University Projects, 1981; Hebrew)

*Professor Israel Efros, Poet and Philosopher*, eds. Itzhak Orpaz, Nurit Govrin, Asa Kasher, B.Y. Michali, Zvi Malachi (Tel Aviv: Tel Aviv University, 1981; Hebrew)

*Yeshayahu Leibowitz Jubilee Volume*, eds. Asa Kasher and Yaakov Levinger (Tel Aviv: Papyrus, 1977; Hebrew)

*Baruch Spinoza: Special Colloquium at the Third Centenary of his Death*, ed. Asa Kasher (Tel Aviv: Tel Aviv University, 1977) (Hebrew)

*Language in Focus: Foundations, Methods and Systems – Essays in Memory of Yehoshua Bar-Hillel*, ed. Asa Kasher (Dordrecht: Reidel, 1976)