The Proper Limits of Academic Freedom: Lessons from the Unrest at Columbia University

The following essay is part of a special series of responses to recent events centered, for now, at Columbia University, and extending beyond its confines to include the wider array of societal problems that the disorder there symptomatizes. For details, see Gabriel Noah Brahm, “From Palestine Avenue to Morningside Heights.”
—Gabriel Noah Brahm, Director of the Telos-Paul Piccone Institute’s Israel initiative

Columbia University president Nemat Shafik’s recent testimony to Congress indicates an important shift in our conception of academic freedom. While affirming the legal principle of free speech, she clearly accepted limits on academic freedom by stating that calls for genocide have no place at the university. Since at least one issue would disqualify someone from participating in Columbia’s educational project, she opens up the question of the limits of academic freedom and the duty of a university to enforce such limits through decisions on hiring and dismissal of faculty as well as suspension of students. While the American Association of University Professors seeks to criticize such restrictions on academic freedom, its 1940 statement on academic freedom stipulates that “[i]nstitutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole.” The congressional hearings have demonstrated that the common good may require restrictions on academic freedom, and such restrictions indeed are already part of the way universities see their mission.

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Telos 206 (Spring 2024): The Intuitive and the Conceptual

Telos 206 (Spring 2024): The Intuitive and the Conceptual is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.

We often have the experience of intuiting something without being able to precisely define what that intuition is. Sometimes this intuition leads to a more well-defined insight, and sometimes it might lead to some kind of action, even in the absence of clear conceptual definitions. Yet it is difficult to ascertain what kind of knowledge or awareness such intuitions consist of. What is an intuition as opposed to a defined concept of something? How seriously should we take such intuitions? Are they something separate and qualitatively different than concepts? Are they just fuzzy concepts? Do they really exist at all? These are crucial questions because they lead to conclusions about the status of concepts themselves. If the alternative to clear concepts is nothing at all, then the sociopolitical corollary would be that the alternative to conceptual knowledge and the holders of such knowledge would also be nothing at all. By contrast, if intuitions are separate from concepts and real, then expert knowledge might possibly have some deficiencies in comparison with intuitions. The essays in this issue of Telos explore in one way or another this question of the status of conceptual knowledge as opposed to intuitive awareness.

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How the Subjective Experience of War Affects Its Political Meaning

As much as war has become automated and mechanized, the subjective experience of the horror of war remains central to its meaning today. Russia, through its intentional bombing of civilians, and Hamas, with its massacres, have both sought to manipulate personal experience by terrorizing their enemies to achieve their war aims. Such tactics have also become the basis of their rule, in which they use fear to intimidate domestic political opponents to maintain their power. While they seek to create fear, the response of Ukrainians and Israelis alike has been to respond to subjective horror with the courage to maintain resistance while also affirming their values. War continues to be grounded in the way in which the participants’ most personal experiences can create a unified political will.

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Telos 205 (Winter 2023): Forms of War

Telos 205 (Winter 2023): Forms of War is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.

One of the most challenging aspects of the wars in Ukraine and Israel is the way in which the conflicts have been constantly shifting in form. In the first place, there is a conventional ground war between Russia and Ukraine, in which the identity and will of the two peoples are at stake. Yet Russia has used weapons supplied by Iran and North Korea, and Ukraine relies on NATO for its own supplies, indicating that this war depends on the maintenance and expansion of alliances. The stability of these alliances in turn depends on a combination of Realpolitik and shared values as the glue that holds them together. This logic of alliances motivates the energy war that Russia is waging with Europe, revealing that, unbeknownst to Europe, Russian energy policy over the last decade was an early form of the war. Similarly, the threat of nuclear war also tests the resolve of NATO, forcing it to consider the values at stake in the conflict. Is the war about Ukraine’s sovereignty or the principle of nation-state sovereignty itself? Is it about human rights for Ukrainians or the entire human rights project? For Russia, is it about self-defense or a pan-Slavic identity? Is it about the protection of Russian minorities in Ukraine or the threat of Western secularization? The answers to these questions will determine the will to fight on each side and thus the length and ferocity of the war.

Similarly, the war between Israel and Hamas began with Hamas’s use of terror and rape as instruments of war. The idea was to provoke Israel into attacking Hamas and causing civilian casualties. Because the terrain of war extends to public opinion in the West, Hamas’s use of Israeli hostages and Palestinian human shields becomes part of its strategy of increasing civilian casualties in the war. Even though Hamas is the ultimate cause of such casualties, Hamas is able to pressure Israel by placing civilians in the path of Israel’s war effort. The conflict on the ground in Gaza is thus overshadowed by the struggle for hearts and minds across the globe.

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Israel, Hamas, and Moral Asymmetry

Last week I attended a conference on “AI and the Law, on the Battlefield and in Cyberspace” organized by Academic Exchange and the Strauss Center for International Security and Law at the University of Texas, Austin. During the conference we received some updates about the situation in Israel and the Israeli efforts to comply with international law in their war against Hamas. Using rules of engagement and battlefield procedures similar to U.S. practices in Iraq and Afghanistan, the Israelis have been trying to balance their need to fight a terrorist enemy against legal and moral imperatives to protect noncombatants. Their approach contrasts sharply with the way Hamas attempts to both terrorize and murder Israelis on the one hand and to use Palestinians as human shields on the other hand. We might say that this is a “morally asymmetric” war because Hamas does not abide by any legal or moral scruples and in fact takes advantage of the fact that Israel does maintain such scruples in its own conduct. By placing its command posts and ammunition stores underneath civilian structures such as schools, mosques, and hospitals, Hamas, with the help of Iran, forces Israel to choose between pursuing its military goals and protecting civilians. The asymmetric military advantage that Hamas enjoys consists in the fact that it would be clearly useless for Israel to employ similar human shields because Hamas would have absolutely no hesitation in killing Israeli civilians.

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The Sources of War

As Israel begins its attack on Hamas, it will be important to remember the underlying sources of war that will ultimately be the target of Israel’s efforts. Most leftists in the United States and Europe attempt to blame Israel for the continuation of hostilities. But the variety of enmity that fuels the war comes primarily from the Palestinian side. Hamas’s attack on Israel demonstrates that it sees Israel and Israelis as what Carl Schmitt called an “absolute enemy,” against which there can be no compromise and against which the primary strategy is eradication. There clearly can be no peace as long as this attitude prevails. It is also clear that Israel does not share this kind of enemy thinking. In fact, it has worked over the decades to integrate Palestinians into its society and economy. Arabs and Palestinians continue to live and work within Israel, in stark contrast to the plight of Israelis who remain in Gaza primarily as hostages. If the war cannot end until each side stops treating the other side as an absolute enemy, then Israelis have shown their willingness to live alongside Palestinians—while Palestinian leaders have demonstrated the opposite.

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