Polycomb group proteins are evolutionary conserved chromatin‐modifying complexes, essential for the regulation of developmental and cell‐identity genes. Polycomb‐mediated transcriptional regulation is provided by two multi‐protein complexes known as Polycomb repressive complex 1 (PRC1) and 2 (PRC2). Recent studies positioned PRC1 as a foremost executer of Polycomb‐mediated transcriptional control. Mammalian PRC1 complexes can form multiple sub‐complexes that vary in their core and accessory subunit composition, leading to fascinating and diverse transcriptional regulatory mechanisms employed by PRC1 complexes. These mechanisms include PRC1‐catalytic activity (...) toward monoubiquitination of histone H2AK119, a well‐established hallmark of PRC1 complexes, whose importance has been long debated. In this review, the central roles that PRC1‐catalytic activity plays in transcriptional repression are emphasized and the recent evidence supporting a role for PRC1 complexes in gene activation is discussed. (shrink)

This article studies kabbalistic interpretation of a ritual of unknown origin: the daily recitation of the manna episode (Exod 16:1–36). This episode foregrounds a major theme in the writings of R. Baḥya ben Asher ibn Halawa (c.1255–1340) and many other medieval kabbalists: the cyclical nature of sustaining existence. Baḥya’s interpretation builds on two primary sources: R. Jacob ben Sheshet Gerondi’s commentary on Ps 145 in his kabbalistic polemic Meshiv Devarim Nekhoḥim, and a hermeneutic tradition derived from Hasidic-Ashkenazi biblical exegesis. The (...) article also examines roughly analogous works that illuminate Baḥya’s hermeneutical outlook. (shrink)

Fundamentismus und Skeptizismus-Anarchismus sind zwei entgegengesetzte Positionen in der traditionellen Erkenntnistheorie und in der modernen Wissenschaftstheorie. Zwischen ihnen gibt es einen dritten Standpunkt, den Evolutionismus. Beispiele sind zwei neuere Arbeiten von Putnam und Stegmüller . Im Gegensatz zum logisch-statischen Fundamentismus berücksichtigt der Evolutionismus auch dynamische und naturalistische Ansätze. Stegmüller folgend entlehnen wir in der vorliegenden Untersuchung aus der Sprachphilosophie pragmatische Gesichtspunkte, um die logische Syntax und Semantik, die Werkzeuge des Fundamentismus, zu ersetzen. Wir zeigen die Kraft der Pragmatik bei der (...) Behandlung von Problemen wie Erkenntniswachstum, Begriffswechsel, Theorien- und Bedeutungsdynamik, wissenschaftliche Entdeckung und besonders beim Problem der Inkommensurabilität. Unser nicht-fundamentistischer Vorschlag ist ein heuristisches Modell, das auf der modernen genetischen Theorie basiert. (shrink)

This article examines the attitude toward animals in the Pentateuch and ancient Near Eastern legal codes. Employing a comparative approach, it analyzes criminal and tort law in relation to animals and their carers—stealing and finding animals used in factory farms, the responsibility of watchmen and renters, and that of the legal “owners” of animals who cause damage. Demonstrating how animals form part of the biblical ethical system, in which ethical demands become binding statutes, it looks at why this process only (...) occurred in the Hebrew Bible and not in other ancient Near Eastern cultures. (shrink)

Marx himself would have agreed with such a practical approach to the criticism of his method..... He was led to this position, I believe, by his conviction that a scientific background was urgently needed by the practical politician.

How can adverse experiences in early life, such as maltreatment, exert such powerful negative effects on health decades later? The answer may lie in changes to DNA. New research suggests that exposure to stress can accelerate the erosion of DNA segments called telomeres. Shorter telomere length correlates with chronological age and also disease morbidity and mortality. Thus, telomere erosion is a potential mechanism linking childhood stress to health problems later in life. However, an array of mechanistic, methodological, and basic biological (...) questions must be addressed in order to translate telomere discoveries into clinical applications for monitoring health and predicting disease risk. This paper covers the current state of the science and lays out new research directions. (shrink)

Kant’s first antinomy in the Critique of Pure Reason deals with the question of the size of the world. The temporal portion of the problem, on which I will focus in this paper, concerns the question of whether the world has a beginning in time or whether it exists eternally. Kant is sometimes understood as arguing that since neither one of the conflicting options can be confirmed, one needs to reject the common mistake of both opponents, namely, that we know (...) the world as a thing in itself, and embrace instead Kant’s transcendental idealism. In view of modern cosmology, Kant’s resolution of the first antinomy may appear outdated. Modern cosmological theories, after all, do suggest that the world evolved from a singular point by a big bang or through a cycle of successive expanding and contracting phases. I wish to argue in this paper that Kant’s analysis of the first antinomy does not involve questions of confirmability and that its lessons apply to modern cosmology as well. Kant’s analysis challenges the view that the world as a whole is a proper object for human investigation, but it does not reject the legitimacy of the cosmological project of explaining the current state of the universe and its evolution in terms of earlier events in the history of the world. It merely shows that modern theories are misguided only insofar as they attempt to affirm that the singular point is the absolute beginning of the world or that the cycle of expansion and contraction is ultimately infinite. Thus, Kant does not deny science as a legitimate avenue of research. He rather keeps cosmology from sliding into the dogmatic paths of traditional cosmological speculations, which purported to account for the absolute origin of the world by means of theological and metaphysical considerations. (shrink)

This article explores the association between animals and ethics in the teachings of Rabbi Judah Loew of Prague, famously known as the Maharal of Prague. The article is divided into three parts. The first will present the Maharal and the nature of his writings; the second will present how the Maharal viewed the essence of animals and their place in the act of creation; and the third part will examine the Maharal’s ethical approach toward animals. I will deal with the (...) Maharal’s philosophy as it is reflected in his extensive writing. (shrink)

Kant argues in the Critique of the Teleological Power of Judgment that the first stage in resolving the problem of teleology is conceiving it correctly. He explains that the conflict between mechanism and teleology, properly conceived, is an antinomy of the power of judgment in its reflective use regarding regulative maxims, and not an antinomy of the power of judgment in its determining use regarding constitutive principles. The matter in hand does not concern objective propositions regarding the possibility of objects (...) or actual features of certain objects, namely, organisms. It is rather a methodological issue as to the appropriate way to explain the generation, development, and function of organisms. Taken in this manner as subjective maxims guiding the explanation and inquiry of organisms, the principles of mechanism and teleology need not necessarily be seen as contradictorily opposed but instead can be combined in the study of organisms. This, however, is not enough to complete the analysis of the antinomy of the teleological power of judgment. In order to show that there is an antinomy in this case, Kant has to establish that both seemingly conflicting maxims are necessary and natural to the human mind. He does it by grounding them in the ‘special character’ or peculiarity (Eigentümlichkeit) of the human understanding. However, it is not entirely clear just what exactly this peculiarity of the human understanding is. Paul Guyer argues that Kant suggests two different accounts of the peculiarity of the human intellect. According to one account, this peculiarity consists in the fact that our understanding forms general concepts and according to another, in its propensity to proceed from the parts to the whole. I will argue in this paper that Kant puts forward a single account, in which the combination of these two features demonstrate the peculiarity of the human understanding manifested in the encounter with organisms. This account explains the necessity of the regulative maxims of mechanism and teleology, and thus completes Kant’s analysis of the antinomy of the teleological power of judgment. (shrink)

Aristotle is a severe critic of traditional religion, believing it to be false, yet he also holds that traditional religion and its institutions are necessary if any city, including the ideal city he describes in the Politics, is to exist and flourish. This book provides, for the first time, a coherent account of the socio-political role which Aristotle attributes to traditional religion despite his rejection of its content. Mor Segev argues that Aristotle thinks traditional religion is politically necessary because (...) it prepares the ground for what he considers the pinnacle of human endeavor: attaining the knowledge of first philosophy, whose objects are real beings worthy of being called gods. Developing this interpretation, Segev goes on to analyze Aristotle's references to the myths of traditional Greek religion, and to assess his influence on medieval Jewish and Christian theology and philosophy of religion. (shrink)

"This book examines the longstanding debate between philosophical optimism and pessimism in the history of philosophy, focusing on Aristotle, Maimonides, Spinoza, Schopenhauer, Nietzsche and Camus. Philosophical optimists maintain that the world is optimally arranged and is accordingly valuable, and that the existence of human beings is preferable over their nonexistence. Philosophical pessimists, by contrast, hold that the world is in a woeful condition and ultimately valueless, and that human nonexistence would have been preferable over our existence. Schopenhauer criticizes the optimism (...) he locates in the Hebrew Bible and in Spinoza for being unable to square the presumed perfection of the world and its parts, including human life, with the suffering and misfortunes observable in them, and for leading to egoism and thereby to cruelty. Nietzsche, in turn, criticizes Schopenhauer's overtly pessimistic view, inter alia, for furtively positing a perfect state for one to aspire to, thus being latently optimistic. Similarly, Camus charges Nietzsche, who announces his rejection of both optimism and pessimism, with deifying the world and oneself, thereby reverting to optimism. Interestingly, Aristotle countenances an optimistic theory, later adopted and developed by Maimonides, that is arguably capable of facing Schopenhauer's challenge. Aristotelian optimism accounts for the perfection of the world in terms of a hierarchy of value between its parts, with human beings ranked relatively low, and recommends an attitude congruent with that ranking"--. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

This is an introduction to the special issue on criminal law theory.

Face recognition is a computationally challenging classification task. Deep convolutional neural networks (DCNNs) are brain‐inspired algorithms that have recently reached human‐level performance in face and object recognition. However, it is not clear to what extent DCNNs generate a human‐like representation of face identity. We have recently revealed a subset of facial features that are used by humans for face recognition. This enables us now to ask whether DCNNs rely on the same facial information and whether this human‐like representation depends on (...) a system that is optimized for face identification. In the current study, we examined the representation of DCNNs of faces that differ in features that are critical or non‐critical for human face recognition. Our findings show that DCNNs optimized for face identification are tuned to the same facial features used by humans for face recognition. Sensitivity to these features was highly correlated with performance of the DCNN on a benchmark face recognition task. Moreover, sensitivity to these features and a view‐invariant face representation emerged at higher layers of a DCNN optimized for face recognition but not for object recognition. This finding parallels the division to a face and an object system in high‐level visual cortex. Taken together, these findings validate human perceptual models of face recognition, enable us to use DCNNs to test predictions about human face and object recognition as well as contribute to the interpretability of DCNNs. (shrink)

Summary Pluralism and monism are the two current views concerning scientific research and language understanding. Between them there is a third, intermediate, view. We take a procedural methodology of science as exemplified in the work of L. Tondl, and procedural linguistics , as exemplified in the work of B. Harrison, to be representative of this third possibility. Procedures are cognitive, linguistic, and physical processes which, through their hierarchical interconnections can generate fruitful mechanisms . These mechanisms are sensitive to context and (...) operate in heuristic and algorithmic ways. Their similar logical structure points towards a profound unified basis for scientific and linguistic activities, thus providing an interesting bridge between what is achieved by a little child talking to his parents, and a creative scientist struggling to interpret the results of his experiments. (shrink)

Kant’s theory of biology in the Critique of the Power of Judgment may be rejected as obsolete and attacked from two opposite perspectives. In light of recent advances in biology one can claim contra Kant, on the one hand, that biological phenomena, which Kant held could only be explicated with the help of teleological principles, can in fact be explained in an entirely mechanical manner, or on the other, that despite the irreducibility of biology to physico-mechanical explanations, it is nonetheless (...) proper science. I argue in response that Kant’s analysis of organisms is by no means obsolete. It reveals biology’s uniqueness in much the same way as several current theorists do. It brings to the fore the unique purposive characteristics of living phenomena, which are encapsulated in Kant’s concept of “natural end” and which must be explicated in natural terms in order for biology to become a science. I maintain that Kant’s reluctance to consider biology proper science is not a consequence of his critical philosophy but rather of his inability to complete this task. Kant lacked an appropriate theoretical framework, such as provided later by modern biology, which would enable the integration of the unique features of biology in an empirical system. Nevertheless, as I show in this paper, the conceptual problems with which Kant struggled attest more to the relevance and depth of his insights than to the shortcomings of his view. His contribution to the biological thought consists in insisting on an empirical approach to biology and in providing the essential philosophical underpinning of the autonomous status of biology. (shrink)

Is there a reason to prevent deontological wrongdoing—an action that is wrong due to the violation of a decisive deontological constraint? This question is perplexing. On the one hand, the intuitive response seems to be positive, both when the question is considered in the abstract and when it is considered with regard to paradigmatic cases of deontological wrongdoing such as Bridge and Transplant. On the other hand, common theoretical accounts of deontological wrongdoing do not entail this answer, since not preventing (...) wrongdoing does not necessarily amount to doing harm or intending harm, for example. The puzzle is reinforced due to the fact that the intuitive response to other cases seems to be different, namely that there is no reason in favour of preventing deontological wrongdoing. This question is thus interesting in itself. It might also shed light on additional questions such as the “paradox of deontology” and the appropriate response to wrongful actions more generally. Yet, despite its importance, this question is typically overlooked. The paper explores this question. (shrink)

Locke and Leibniz are often classified as proponents of compatibilist theories of human freedom, since both maintain that freedom is consistent with determinism and that the difference between being and not being free turns on how one is determined. However, we will argue in this paper that their versions of compatibilism are essentially different and that they have significantly distinct commitments to compatibilism. To this end, we will first analyze the definitions and examples for freedom and necessity that Locke and (...) Leibniz present in sections 8-13 of chapter 21 of the Essay on Human Understanding and the Nouveaux essais respectively, and then conjecture how Locke and Leibniz would have continued the discussion, if they had had the opportunity to engage in an exchange of opinions. In this way, we believe, one will be in a position to understand why Leibniz thinks that Locke’s discussion of freedom “est un des plus prolixes et des plus subtils de son ouvrage.”. (shrink)

Leibniz’s main thesis regarding the nature of space is that space is relational. This means that space is not an independent object or existent in itself, but rather a set of relations between objects existing at the same time. The reality of space, therefore, is derived from objects and their relations. For Leibniz and his successors, this view of space was intimately connected with the understanding of the composite nature of material objects. The nature of the relation between space and (...) matter was crucial to the conceptualization of both space and matter. In this paper, I discuss Leibniz’s account of relational space and examine its novel elaborations by two of his successors, namely, the young Immanuel Kant and the Croat natural philosopher Roger Boscovich. Kant’s and Boscovich’s studies of Leibniz’s account lead them to original versions of the relational view of space. Thus, Leibniz’s relational space proved to be a philosophically fruitful notion, as it yielded bold and intriguing attempts to decipher the nature of space and was a key part in innovative scientific ideas. (shrink)

There is a controversy as to the moral status of an action in the face of uncertainty concerning a non-moral fact that is morally significant (according to an applicable moral standard): According to the objective conception, the right action is determined in light of the truth, namely the actual state of affairs (regarding the pertinent fact), whereas according to the subjective conception, the right action depends on the epistemic state of the agent, namely her (justified) belief (concerning the pertinent fact). (...) A similar debate concerns the law, with respect to uncertainty regarding a legally significant fact. In this paper, I argue that moral and legal normative concepts are ambiguous and include two aspects: The ideal aspect, which is concerned with the constitutive feature of the normative standard, and the pragmatic aspect, which determines the correct action under uncertainty . With regard to each aspect, a different conception is appropriate: The objective conception should govern the ideal aspect and the subjective conception the pragmatic aspect. And the relevant aspect (and therefore the appropriate conception) depends on the question under consideration regarding the pertinent normative standard: what is its constitutive feature or whether an action is right (according to the applicable normative standard) in the face of uncertainty. (shrink)

Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are very general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit (...) that is not supported by a morally significant fact (a valid reason), or in a way that involves distributive injustice, or both. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a (...) theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should (...) be prevented. (shrink)

In this paper I analyze the virtual debate between Locke and Leibniz on solidity as proposed in Leibniz’s chapter on solidity in his New Essays on Human Understanding. I first track the oddities of the dialogue presented in the New Essays’ chapter on solidity. In this virtual dialogue, Leibniz’s representative often digresses and sometimes overlooks or misrepresents some of Locke’s most important insights. I then argue that these oddities reflect Leibniz’s sentiment that a productive controversy on this issue cannot be (...) conducted due to his substantial differences with Locke regarding solidity and the nature of matter. These differences are at most indirectly implied in passing in Leibniz’s chapter on solidity and to see them one has to consider other texts presenting Leibniz’s theory of matter. (shrink)

Aristotle does not explicitly state how it is that one should ideally relate to the true gods of his metaphysics, like the prime mover. He does, however, speak of an unreciprocated relationship of friendship between humans and such gods. I argue that Aristotle’s conception of the magnanimous person sheds light on that relationship. The magnanimous person, who is a philosopher, devalues humanity and devotes her life and efforts to the divine. Thus, contrary to some scholars, Aristotle’s conception of magnanimity resembles (...) quite closely the ideals of humility and even “lowliness of spirit” presented by Aristotelian medieval thinkers such as Moses Maimonides. Aristotle’s endorsement of total devotion to the divine seems to go against the natural tendency of organisms to further their own lives and species. Nevertheless, I argue that this recommendation is consistent with his teleological view of nature. (shrink)

Kant’s first antinomy in the Critique of Pure Reason deals with the question of the size of the world. The temporal portion of the problem, on which I will focus in this paper, concerns the question of whether the world has a beginning in time or whether it exists eternally. Kant is sometimes understood as arguing that since neither one of the conflicting options can be confirmed, one needs to reject the common mistake of both opponents, namely, that we know (...) the world as a thing in itself, and embrace instead Kant’s transcendental idealism. In view of modern cosmology, Kant’s resolution of the first antinomy may appear outdated. Modern cosmological theories, after all, do suggest that the world evolved from a singular point by a big bang or through a cycle of successive expanding and contracting phases. I wish to argue in this paper that Kant’s analysis of the first antinomy does not involve questions of confirmability and that its lessons apply to modern cosmology as well. Kant’s analysis challenges the view that the world as a whole is a proper object for human investigation, but it does not reject the legitimacy of the cosmological project of explaining the current state of the universe and its evolution in terms of earlier events in the history of the world. It merely shows that modern theories are misguided only insofar as they attempt to affirm that the singular point is the absolute beginning of the world or that the cycle of expansion and contraction is ultimately infinite. Thus, Kant does not deny science as a legitimate avenue of research. He rather keeps cosmology from sliding into the dogmatic paths of traditional cosmological speculations, which purported to account for the absolute origin of the world by means of theological and metaphysical considerations. (shrink)

Many think that equality is an intrinsic value. However, this view, especially when based on a consequential foundation, faces familiar objections related to the claim that equality is sometimes good for none and bad for some: most notably the levelling down objection. This article explores a unique (consequential) conception of equality, as part of a more general conception of fairness concerning the resolution of interpersonal conflicts, which is not exposed to these objections.

Based on a general thesis regarding the proper resolution of interpersonal conflicts, this paper suggests a normative framework for the distribution of scarce health resources. The proposed thesis includes two basic ideas. First, individual well-being is the fundamental value. Second, interpersonal conflicts affecting well-being should be resolved in light of several conceptions of fairness, reflecting the independent value of persons and the moral significance of responsibility of individuals for the existence of interpersonal conflicts. These ideas are elaborated in several principles (...) that are applied with respect to the distribution of scarce health resources. (shrink)

In his discussions of dreaming in the Parva Naturalia, Aristotle neither claims nor denies that dreams serve a natural purpose. Modern scholarship generally interprets dreaming as useless and teleologically irrelevant for him. I argue that Aristotle's teleology permits certain types of dream to have a natural role in end-directed processes. Dreams are left-overs from waking experience, but they may, like certain bodily residues, be used by nature, which does ‘nothing in vain’ and makes use of available resources, for the benefit (...) of the beings in which they occur. Contrary to prevalent opinions, Aristotle does not assimilate dreams to sensory illusions and does not hold that they have no interaction with our reasoning capacity. Dreams constitute a special class of the products of phantasia, but this does not prevent them from functioning like other (waking) phantasmata. In Aristotle's view, dreams regularly generate 'natural signs' of diseases and cause waking actions. I show that this preparatory power of dreams, often dismissed or attributed to divine intervention in antiquity, is captured within Aristotle’s natural philosophy, and provides evidence that (some) dreams are (or should be) regarded by him as having a teleological significance. (shrink)

According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance (...) or mistake of law is excuse due to lack of (sufficient) culpability. The paper challenges this consensus. I argue that, according to the best conception of justification, ignorance and mistake, including ignorance and mistake of law, could be justified. Generally, ignorance and mistake are justified when based on a rational analysis of the information the agent has and should have. The conceptual possibility of justified ignorance or mistake is demonstrated mainly with respect to ignorance or mistake of law due to reliance on the guidance of public officials or private lawyers. (shrink)

This is Re'em Segev's contribution to the symposium on Douglas Husak's book "Overcriminalization.".

Name der Zeitschrift: Rhizomata Jahrgang: 5 Heft: 2 Seiten: 177-209.

The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit legislation (...) to that effect. The article presents and evaluates the Judgment, particularly the relation between the substantive moral questions involved and the aspect of authorization. (shrink)