Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

The movement known as Deutsche Physik (German physics) evolved hand in hand with National Socialism. It represented a marginal but vocal group of German scientists and science scholars who profiled themselves as defenders of “Aryan” science and called for the elimination of the “Jewish spirit” that they saw as epitomized by Albert Einstein’s relativity theory and as dominating the natural sciences, even in Nazi Germany. This infamous movement is most associated with the Nobel laureate physicists Philipp Lenard and Johannes Stark, (...) who founded it and gave it its initial political impetus during the early years of the Third Reich. However, in its main and final phase, between 1937 and 1943, the movement was no longer led by Lenard and Stark but by the philosopher of science Hugo Dingler (1881–1954) and his Munich-based circle. Tracing the development of his career until 1937, this article examines how Dingler came to play this role both despite and because of the significant differences between his and the better known Lenard-Stark strand of Deutsche Physik. Special attention is paid to Dingler’s subversive use of theoretical principles—particularly his framing of his work as a radical search for certainty—to advance the movement’s antiscientific agenda. (shrink)

This article addresses the question of what history an obstacle that stands in the way of our performing a certain action must have in order to render us socially unfree to x. The most promising view on this question is the moral responsibility view, according to which such an obstacle renders us socially unfree to x, if and only if another person is morally responsible for its existence. The main challenge of this view is to identify a serviceable test for (...) establishing when someone is morally responsible for the existence of an obstacle. Numerous attempts to do so have been made over the years, but none of them proved to be successful. In my discussion of the moral responsibility view I will expose the failure of the most recent and powerful attempt to identify such a test. Then I will suggest a more plausible test and defend it from a few possible objections. Before discussing the moral responsibility view I will discuss its main rivals and show why it is superior to them in the first place. (shrink)

:We propose to strengthen Popper’s notion of falsifiability by adding the requirement that when an observation is inconsistent with a theory, there must be a ‘short proof’ of this inconsistency. We model the concept of a short proof using tools from computational complexity, and provide some examples of economic theories that are falsifiable in the usual sense but not with this additional requirement. We consider several variants of the definition of ‘short proof’ and several assumptions about the difficulty of computation, (...) and study their different implications on the falsifiability of theories. (shrink)

Employing a time-lagged sample of 371 North American individuals working full time in a wide range of industries, occupations, and levels, we contribute to research on employee outcomes of corporate social responsibility attributions as substantive or symbolic. Utilizing a mediated moderation model, our study extends previous findings by explaining how and why CSR attributions are related with work-related attitudes and subsequent individual performance. In support of our hypotheses, our findings indicate that the relationships between CSR attributions and individual performance are (...) mediated through person–organization fit and work-related attitudes. Additionally, when CSR is perceived as important, substantive CSR is positively related to, and symbolic CSR is negatively related to, perception of fit with the organization. These findings contribute toward our understanding of the complex effect CSR has on employees’ work outcomes. Practical implications and future research directions are discussed. (shrink)

Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of (luck-egalitarian) equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions (...) of freedom, self-ownership, and an egalitarian share of the world’s natural resources, insofar as the right to equal freedom implies the right to self-ownership and to an egalitarian share of the world’s natural resources, it is incompatible with (luck-egalitarian) equality. (shrink)

The “Assyrian Century,” the period of Assyrian rule in the Levant, is usually regarded as an era of prosperity and economic progress. As far as the southern Levant is concerned, this reconstruction more or less reflects the reality on the southern edge of the region—in the areas of Philistia, Judah, and Edom. But what was the situation in the northern part of the country, in the territories of the former kingdom of Israel and adjacent territories, regions that had become Assyrian (...) provinces? It is the aim of this paper to scrutinize the archaeological data from these regions in order to shed light on the settlement and demographic reality in those provinces, and furthermore to reassess Assyrian policy in the west. After summarizing previous research, the article will present the available archaeological data, which will then be compared with that from the southern part of the country in order to enable a reexamination of the Assyrian empire’s policy in the west. (shrink)

Qu’est-ce qu’un conflit religieux et comment devrait-on le définir ? En quoi un tel conflit diffère-t-il des autres ? Quelles sont les variables qui le désignent comme « religieux » ? La définition d’un conflit en ces termes importe-t-elle ? Autrement dit, que nous apprend-elle sur sa nature, ses buts, ses règles, ses procédures et ses limites et, en particulier,..

In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the various types of jural relations. Hohfeld’s scheme has been justly regarded as a seminal contribution to analytical jurisprudence, and has stimulated lively debate since. This Essay aims to refute one of Hohfeld’s fundamental and most influential theses: the axiom of right–duty correlativity. To do so, it employs the simplest refutation strategy in first-order logic, namely providing a valid counterexample. Part I discusses earlier attempts to (...) do likewise, and explains why they failed. For the most part, previous illustrations of ostensibly standalone rights or standalone duties neglected relevant parties who could owe the correlative duties or hold the correlative rights, respectively. Part II puts forward a simple argument: There are abstract duties in private law that ban certain types of conduct without reference to specific victims. Those duties are not necessarily correlative with rights, although their breach may generate secondary duties with corresponding rights. In particular, tort law allows plaintiffs to recover for harm caused by breach of duty that occurred before they acquired legal personality. This is tantamount to recognizing duties that are not correlative with rights, and therefore invalidates the correlativity axiom. (shrink)

This article examines some techno-political aspects of the early years of electrification in British-ruled 1920s Palestine. It emphasizes the importance of local technical, topographical and hydrological forms of knowledge for understanding the dynamics of electrification. Situating the analysis in a general colonial context of electrification, the study shows that British colonial rulers lagged behind both German firms and local entrepreneurs in understanding the specific conditions pertaining to electrification in Palestine. Subsequently, the study shows that the British had limited control of (...) the actual electrification process and its declared/professed developmental purposes, thereby complicating assumptions about electrification as a tool of the Empire/tool of empire. Finding some similarities between the cases of electrifying Palestine and India, the article’s findings may shed further light on the importance of micro-politics of knowledge for understanding the trajectory of electrification in the colonies. (shrink)

An engaging and inspiring set of reflections by one of the master educators of today's Jewish world - full of delightful stories, compelling analysis and generosity of spirit. Read it and your faith in the Jewish future will be renewed. - Rabbi Lord Jonathan Sacks.

Nearly forty percent of the world’s financial assets are located in loosely defined British Empire city-state jurisdictions. This article seeks to provide an explanation for this odd development. My explanation of the rise of such a British Empire-centered economy links the development of the Euromarket, or the offshore financial market, to three sets of theories. The first is the hinterland theory that explains why small city-state types of jurisdictions are in an advantageous position when it comes to trading in Euromarket (...) financial assets in comparison to other states. Second is the dependent jurisdictions theory, which suggests that dependent jurisdictions are perceived as safer locations for investment than independent islands, in addition to which they are able to offer better treatment of nonresident capital because they are subsidized by the motherland. As the British Empire was the largest Empire the world has ever seen, it is perhaps not surprising that the British state has inherited the greatest number of such dependent jurisdictions, and that they, in turn, have taken advantage of their "Britishness" to develop their financial centers. Third, I advance a related argument that suggests that the hegemonic position of the British Empire in the world economy prior to the rise of the United States was an important factor as well. Here, I draw on the idea that city-states and, more generally, trading centers tend to be dominated by commercially outward-oriented elites. (shrink)

While globalization is largely theorized in terms of trans-border flows, this article suggests an exploratory sociological framework for analyzing globalization as consisting of systemic processes of closure and containment. The suggested framework points at the emergence of a global mobility regime that actively seeks to contain social movement both within and across borders. The mobility regime is theorized as premised upon a pervasive “paradigm of suspicion” that conflates the perceived threats of crime, immigration, and terrorism, thus constituting a conceptual blueprint (...) for the organization of global risk-management strategies. The article draws on multiple examples, singling out some elementary forms of the mobility regime, emphasizing the sociological affinity between guarded borders on the one hand and gated communities on the other. In particular, the article aims at theorizing the translation of the paradigm of suspicion into actual technologies of social screening designed to police the mobility of those social elements that are deemed to belong to suspect social categories. Specifically, the article points at biosocial profiling as an increasingly dominant technology of intervention. Biosocial profiling, in turn, is theorized in juxtaposition to other modalities of power, namely, legal and disciplinary measures. (shrink)

This essay discusses a heretofore neglected dimension of one of the most important questions in the realm of political theory: which obstacles that stand in the way of our performing a certain action render us unfree to perform that action? This dimension is concerned with the issue of the causal test that a certain central kind of obstacle—i.e., subjunctive interference—has to pass in order to render us unfree. The aim of this essay is, first, to introduce this issue; and, second, (...) to offer a first analysis of the two possible positions that can be taken with respect to it. (shrink)

In 1939 Sigmund Freud published his latest book, Moses and Monotheism, which is his most unusual and problematic work. In Moses Freud offers four groundbreaking claims in regard to the biblical story: [a] Moses was an Egyptian [b] The origin of monotheism is not Judaism [c] Moses was murdered by the Jews [d] The murder sparked a constant sense of unconscious guilt, which eventually contributed to the rational and ethical development of Jewish monotheism. As is well known, Freud’s Moses received (...) extremely negative reviews from Jewish thinkers. The social psychoanalyst, Erich Fromm, who wrote extensively on Freud as well as on Judaism and the biblical narrative, did not explicitly express his position on Freud’s latest work. This paper offers explanations for Fromm’s roaring silence on Freud’s Moses. (shrink)

This paper discusses Franz Rosenzweig’s use of the term “the unconscious” (das Unbewußte) and possible influences on his understanding of it. I claim that for Rosenzweig, it is through the unconscious that the individual becomes aware of himself and becomes capable of fulfilling his longing to achieve self-fulfillment and eventually to take part in a collective redemption. The unconscious is often perceived as the mental sphere related to trauma and repression in which defense mechanisms and fantasies are evolved. Fantasies are (...) psychological tools that allow the individual to cope with trauma, but they are also “layers of enclosedness,” illusions that should be dissolved. Hence, in the unconscious, we find a possibility of liberation. (shrink)