An interesting feature of the language of many Daoist texts is their atypical idealization of Darkness and Obscurity, which contrasts with the positive connotations of Light and Clarity in virtually all great philosophical traditions. This article highlights a formerly unnoted difference between the received and the excavated Guodian 郭店 versions of the Laozi 老子, which reveals an interesting change in the use of Light/Darkness symbolism through the evolution of the text: while the received Laozi uses both metaphorical schemes to roughly (...) the same extent, the presumably earlier Guodian Laozi lacks almost all of the “bright” references that appear in later recensions, thus constituting a much “darker” version of the text. The article discusses the philosophical meaning of this terminological shift and the possible reasons for its occurrence, and closely analyzes three cases in which this process of “textual illumination” seems to have taken place during the transition between the Guodian and received version of the text. Alongside more specific implications such as the formerly unknown linkage between ming 明 and chang 常, a suggested stratification of chapter 55, and the possible relationship between the proto-Laozian materials and the Zhuangzi 莊子, this article also proposes a more general hypothesis according to which the absence of light metaphors in the Guodian version represents the jargon of an earlier “dark” stratum of Daoism, traces of which were preserved in some of the texts known to us today. (shrink)

We introduce a hitherto overlooked phenomenon in the cognitive and psycholinguistic study of metaphors that we termed imposed metaphoricity. We propose that a metaphorical reading can be imposed on a given expression regardless of its semantic content. We suggest that there is a class of constructions that impose metaphorical interpretation. We present findings from three experiments and from corpus-based analyses that support our proposal. Experiments 1–2 compared interpretations of expressions that can have both a literal and a metaphorical meaning when (...) embedded in a standard metaphorical form and in a form that imposes metaphoricity. In Experiment 3 we examine reaction time to such forms in an attempt to identify interference of form with early metaphorical processing. Two corpus-based analyses characterize the use of these two metaphorical constructions in natural language. We discuss the independence of metaphoricity from semantics, as demonstrated by forms that impose metaphorical interpretations. (shrink)

Āsakti has its roots in the ancient Indian knowledge system. It precipitates the concept of attachment in the Indian perspective. The following paper explores the psychological perspective of āsakti from the Shrimad Bhagavad Gita while maintaining its philosophical purpose and nature. Āsakti hinders the path of self-realization; hence, from the psycho-philosophical lens, its inquiry with scientific understanding is important for spiritual growth. Āsakti can be understood as a river with five tributaries. Each tributary branches out of the river as an (...) independent water body, but has its traces though in the river. Āsakti is a combination of Rāga (approach), Dveṣa (aversion) and Ahaṁkāra (ego focus), is related to the operation of Triguṇa, moving from āsakti to anāsakti brings peace, happiness and health. In its unregulated form, āsakti leads to intellectual, mental and spiritual decay. Its control and regulation leads to anāsakti, spiritual growth, liberation from bondages and surrenderance to the supreme power. (shrink)

Originally published in 1989, Reclaiming Reality still provides the most accessible introduction to the increasingly influential multi-disciplinary and international body of thought, known as critical realism. It is designed to "underlabour" both for the sciences, especially the human sciences, and for the projects of human emancipation which such sciences may come to inform; and provides an enlightening intervention in current debates about realism and relativism, positivism and poststucturalism, modernism and postmodernism, etc. Elaborating his critical realist perspective on society, nature, science (...) and philosophy itself, Roy Bhaskar shows how this perspective can be used to undermine currently fashionable ideologies of the Right, and at the same time, to clear the ground for a reinvigorated Left. Reclaiming Reality contains powerful critiques of some of the most important schools of thought and thinkers of recent years—from Bachelard and Feyerabend to Rorty and Habermas; and it advances novel and convincing resolutions of many traditional philosophical problems. Now with a new introduction from Mervyn Hartwig, this book continues to provide a straightforward and stimulating introduction to current debates in philosophy and social theory for the interested lay reader and student alike. Reclaiming Reality will be of particular value not only for critical realists but for all those concerned with the revitalization of the socialist emancipatory project and the renaissance of the Marxist theoretical tradition. Roy Bhaskar is the originator of the philosophy of critical realism, and the author of many acclaimed and influential works including A Realist Theory of Science, The Possibility of Naturalism, Scientific Realism and Human Emancipation and Dialectic: The Pulse of Freedom. He is an editor of the recently published Critical Realism: Essential Readings and is currently chair of the Centre for Critical Realism. (shrink)

To succeed in self-regulation, people need to believe that it is possible to change behaviour and they also need to use effective means to enable such a change. We propose that this also applies to emotion regulation. In two studies, we found that people were most successful in emotion regulation, the more they believed emotions can be controlled and the more they used an effective emotion regulation strategy – namely, cognitive reappraisal. Cognitive reappraisal moderated the link between beliefs about the (...) controllability of emotion and success in emotion regulation, when reappraisal was measured as a trait or manipulated. Such moderation was found when examining the regulation of disgust elicited by emotion-inducing films, and the regulation of anger elicited by real political events. We discuss the implications of our findings for research and practice in emotion regulation. (shrink)

_Dialectic_ is now widely regarded as a classic of contemporary philosophy. This book, first published in 1993, sets itself three main aims: the development of a general theory of dialectic, of which Hegelian dialectic can be seen to be a special case; the dialectical enrichment and deepening of critical realism, viz. into the system of dialectical critical realism; and the outline of the elements of a totalizing critique of Western philosophy. The first chapter clarifies the rational core of Hegelian dialectic. (...) Chapter two then proceeds to develop a general theory of dialectic. Isolating the fallacy of 'ontological monovalence', Roy Bhaskar then shows how absence and other negating concepts such as contradiction have a legitimate and necessary ontological employment. He then goes on to give a synoptic account of key dialectical concepts such as the concrete universal; to sketch the further dialectical development of critical naturalism through an account of what he calls four-planar social being; and following consideration of the dialectical critique of analytical reason, he moves on to the real definition of dialectic as absenting absence and in the human sphere, the axiology of freedom. Chapter three extends and deepens critical realism’s characteristic concerns with ontology, science, social science and emancipation not only into the realms of negativity and totality, but also into the fields of reference and truth, spatio-temporality, tense and process, the logic of dialectical universalizability and on to the plane of ethics, where it articulates a combination of moral realism and ethical naturalism, whereby consideration of elemental desire involves commitment to the eudaimonistic society. This is then followed by a sublime discussion of key moments in the trajectory of Western philosophy, the tradition of which can now be seen to be based on what the author calls the unholy trinity of the epistemic fallacy or the reduction of being to knowledge, primal squeeze or the collapse of structure and alethic truth, and ontological monovalence. (shrink)

Following on from Roy Bhaskarâe(tm)s first two books, A Realist Theory of Science and The Possibility of Naturalism, Scientific Realism and Human Emancipation, establishes the conception of social science as explanatoryâe"and thence emancipatoryâe"critique. Scientific Realism and Human Emancipation starts from an assessment of the impasse of contemporary accounts of science as stemming from an incomplete critique of positivism. It then proceeds to a systematic exposition of scientific realism in the form of transcendental realism, highlighting a conception of science as explanatory (...) of a structured, differentiated and changing world. Turning to the social domain, the book argues for a view of the social order as conditioned by, and emergent from, nature. Advocating a critical naturalism, the author shows how the transformational model of social activity together with the conception of social science as explanatory critique which it entails, resolves the divisions and dualisms besetting orthodox social and normative theory: between society and the individual, structure and agency, meaning and behavior, mind and body, reason and cause, fact and value, and theory and practice. The book then goes on to discuss the emancipatory implications of social science and sketches the nature of the depth investigation characteristically entailed. In the highly innovative third part of the book Roy Bhaskar completes his critique of positivism by developing a theory of philosophical discourse and ideology, on the basis of the transcendental realism and critical naturalism already developed, showing how positivism functions as a restrictive ideology of and for science and other social practices. (shrink)

Introduction: Critical realism, hegelian dialectic and the problems of philosophy preliminary considerations -- Objectives of the book -- Dialectic : an initial orientation -- Negation -- Four degrees of critical realism -- Prima facie objections to critical realism -- On the sources and general character of the hegelian dialectic -- On the immanent critique and limitations of the hegelian dialectic -- The fine structure of the hegelian dialectic -- Dialectic : the logic of absence, arguments, themes, perspectives, configurations -- Absence (...) -- Emergence -- Contradiction I : Hegel and Marx -- Contradiction II : misunderstandings -- On the materialist diffraction of dialectic -- Dialectical arguments and the unholy trinity -- Dialectical motifs : tina formation, mediation, concrete universality, etc -- On the generalized theory of the dialectical remark, the failure of detachment, and the presence of the past -- Dialectical critical naturalism -- Towards a real definition of dialectic -- Dialectical critical realism and the dialectic of freedom -- Ontology -- The dialectic of truth -- On the emergence and derivability of dialecticized transcendental realism -- 1m realism : non-identity -- 2e realism : negativity -- Space, time and tense -- Social science, explanatory critique, emancipatory axiology -- 3l realism : totality -- 4d realism : agency -- The dialectic of desire to freedom -- Dialectical critical realism and the dialectics of critical realism -- Metacritical dialectics : irrealism and its consequences -- Irrealism -- The problems of philosophy and their resolution -- Contradictions of the critical philosophy -- Dilemmas of the beautiful soul and the unhappy consciousness -- Master and slave : from dialectics of reconciliation to dialectics of liberation -- The metacritique of the hegelian dialectic -- Marxian dialectic i: the rational kernel in the mystical shell -- Marxian dialectic ii: the mystical shell in the rational kernel -- Metacritical dialectics : philosophical ideologies, their sublation and explanation -- The consequences of irrealism -- Diffracted and retotalized dialectics -- Dialectic as the pulse of freedom. (shrink)

In this book, Sorensen presents the first general theory of the thought experiment. He analyses a wide variety of thought experiments, ranging from aesthetics to zoology, and explores what thought experiments are, how they work, and what their positive and negative aspects are. Sorensen also sets his theory within an evolutionary framework and integrates recent advances in experimental psychology and the history of science.

The primary narrative problem of the analyst is, then, not how to tell a normative chronological life history; rather, it is how to tell the several histories of each analysis. From this vantage point, the event with which to start the model analytic narration is not the first occasion of thought—Freud's wish-fulfilling hallucination of the absent breast; instead, one should start from a narrative account of the psychoanalyst's retelling of something told by an analysand and the analysand's response to that (...) narrative transformation. In the narration of this moment of dialogue lies the structure of the analytic past, present, and future. It is from this beginning that the accounts of early infantile development are constructed. Those traditional developmental accounts, over which analysts labored so hard, may now be seen in a new light: less as positivistic sets of factual findings about mental development and more as hermeneutically filled-in narrative structures. The narrative structures that have been adopted control the telling of the events of the analysis, including the many tellings and retellings of the analysand's life history. The time is always present. The event is always an outgoing dialogue. Roy Schafer is clinical professor of psychology and psychiatry at Cornell University Medical College, adjunct professor of psychology at New York University, and a supervising and training analyst at Columbia University's Center for Psychoanalytic Training and Research. He is the author of A New Language for Psychoanalysis, Language and Insight, and Narrative Actions in Psychoanalysis: Narratives of Space and Narratives of Time. (shrink)

In this book, Roy Bhaskar sets out to revindicate ontology, critiquing the reduction of being in favor of knowledge, which he calls the "epistemic fallacy".

ABSTRACTA careful look at societies facing threat reveals a unique phenomenon in which liberals and conservatives react emotionally and attitudinally in a similar manner, rallying around the conservative flag. Previous research suggests that this rally effect is the result of liberals shifting in their attitudes and emotional responses toward the conservative end. Whereas theories of motivated social cognition provide a motivation-based account of cognitive processes, it remains unclear whether emotional shifts are, in fact, also a motivation-based process. Herein, we propose (...) that under threat, liberals are motivated to feel existential concern about their group’s future vitality to the same extent as conservatives, because this group-based emotion elicits support for ingroup protective action. Within the context of the Palestinian-Israeli conflict, we tested and found support for this hypothesis both inside and outside the laboratory. We d... (shrink)

The Vedanta of conciousness : transcendence, enlightenment and everyday life -- The alienated self and the Kabbala of transformation -- The Zen of creativity and the critique of the discursive intellect -- The Tao of love and unconditionality in commitment -- The yoga of action and effortless efficiency -- The nous of perception and the re-enchantment of the tree of life -- The gnosis of freedom and the Fana of fulfilment.

A co-authored article with Roy T. Cook forthcoming in a special edition on the Caesar Problem of the journal Dialectica. We argue against the appeal to equivalence classes in resolving the Caesar Problem.

This series of interviews, conducted in the form of exchanges between Roy Bhaskar and Mervyn Hartwig, tells a riveting story of the formation and development of critical realism. Three intersecting and interweaving narratives unfold in the course of this unfinished story: the personal narrative of Roy Bhaskar, born of an Indian father and English mother, a child of post-war Britain and Indian partition and independence; the intellectual narrative of the emergence and growth of critical realism; and a world-historical story, itself (...) theorized by critical realism in its discussion of the development of modernity. This book gives an invaluable account of the development of critical realism, and its consolidation as a leading philosophy of our times. It takes us through the major moments of its formation, the principal objections to and controversies within critical realism, the establishment of its institutions, and considers its limits and future development. Special features of the book include discussion of the genesis of critical realism, and the origins and nature of the so-called dialectical and spiritual turns. The informal dialogical style of The Formation of Critical Realism makes it compelling reading and an invaluable source for students of critical realism as well as all those interested in the intellectual story of our times. (shrink)

This dictionary introduces undergraduate and post-graduate students in philosophy, mathematics, and computer science to the main problems and positions in philosophical logic. Coverage includes not only key figures, positions, terminology, and debates within philosophical logic itself, but issues in related, overlapping disciplines such as set theory and the philosophy of mathematics as well. Entries are extensively cross-referenced, so that each entry can be easily located within the context of wider debates, thereby providing a valuable reference both for tracking the connections (...) between concepts within logic and for examining the manner in which these concepts are applied in other philosophical disciplines. Roy T. Cook is Assistant Professor in the Department of Philosophy at the University of Minnesota and an Associate Fellow at Arché, the Philosophical Research Centre for Logic, Language, Metaphysics and Epistemology at the University of St Andrews. He works primarily in the philosophy of logic, language, and mathematics, and has also published papers on seventeenth century philosophy. (shrink)

Using labelled formulae, a cut-free sequent calculus for intuitionistic propositional logic is presented, together with an easy cut-admissibility proof; both extend to cover, in a uniform fashion, all intermediate logics characterised by frames satisfying conditions expressible by one or more geometric implications. Each of these logics is embedded by the Gödel–McKinsey–Tarski translation into an extension of S4. Faithfulness of the embedding is proved in a simple and general way by constructive proof-theoretic methods, without appeal to semantics other than in the (...) explanation of the rules. (shrink)

Since its inception in the 1970's, critical realism has grown to address a broad range of subjects, including economics, philosophy, science, and religion. It has also gone through a number of key evolutions that have changed its direction, and seen it develop into a complex and mature branch of philosophy. Critical Realism: A Brief Introduction, is the first book to look back over the entire field of critical realism in one concise and accessible volume. As the originator and chief exponent (...) of CR, Roy Bhaskar draws from his experience of countless introductory lectures, seminars, workshops and courses to give a definitive and compelling account of this increasingly influential, international and multi-disciplinary approach. Its eight chapters examine the following topics: Transcendental Realism and the Philosophy of Science Critical Naturalism and the Philosophy of Social Science Explanatory Critique and Ethics Language and Critical Discourse Analysis The Development of Critical Realism Interdisciplinarity and Applied Critical Realism Modernity, Theories of Science and Metacritique The Advantages of Critical Realism Everything from the definition of CR and its applicability to the social sciences, to explanations of dialectical critical realism and the philosophy of meta-reality are addressed in detail, making this the essential introduction for students of CR at all levels. (shrink)

In this concise text, Roy Bhaskar sets out to diagnose, explain and resolve the "problems of philosophy". _Plato Etc._ reviews all the main areas of the subject: the theory of knowledge and philosophy of science; the philosophy of logic and language; the philosophies of space, time and causality; the philosophy of the social and life sciences and of dialectic; ethics, politics and aesthetics; and the history and sociology of philosophy. Among the issues discussed are the problems of induction and universals, (...) the question of relativism, Heidegger’s "scandal of philosophy", the nature of moral truth and the conundrum of free will and determinism. The last two chapters consist of a synoptic account of the development of Western philosophy from the pre-Socratics to poststructuralism. _Plato Etc._ seeks to revindicate the philosophical project, and to demonstrate that the author’s "dialectical critical realism" has the categorical power to remedy the problem fields of philosophy. The book serves both as a critical introduction to philosophy and as an invaluable resource for the scholar. (shrink)

Some actions are freer than others, and the difference is palpably important in terms of inner process, subjective perception, and social consequences. Psychology can study the difference between freer and less free actions without making dubious metaphysical commitments. Human evolution seems to have created a relatively new, more complex form of action control that corresponds to popular notions of free will. It is marked by self-control and rational choice, both of which are highly adaptive, especially for functioning within culture. The (...) processes that create these forms of free will may be biologically costly and therefore are only used occasionally, so that people are likely to remain only incompletely self-disciplined, virtuous, and rational. (shrink)

Written for undergraduates, the educated layperson, and scholars in fields other than philosophy, _The Myth of Religious Neutrality _offers a radical reinterpretation of the general relations between religion, science, and philosophy. This new edition has been completely revised and updated by the author.

_ Source: _Volume 24, Issue 2, pp 224 - 278 This article discusses the anonymous early kabbalistic work _Sefer Maʿayan ha-Ḥokhmah_, one of the pivotal works of ʿIyyun literature. The first part deals with the book’s historical and literary aspects. The second part interprets a specific formulation in light of the basic ideas of the book itself, presenting the twofold pattern as a mystical type and as a grounding for linguistic-theological theory. The third part discusses the term “positive theology” in (...) the theosophical and religious dimension, from the phenomenological perspective of extrovertive mysticism, and as a linguistic structure that provides the layer of signs as a stable basis for the restrained progress of Tongue. Acquiring the source as hidden but attendant by its constant grounding as a part of linguistic progression, uses the bifocal sight of binary extrovertive mysticism to denote the twofold structure of each being and each part of speech. (shrink)

In standard economic models, two basic assumptions are made: the first, that actors are rational, and the second, that actors’ preferences are a given and exogenously determined. Behavioral economics — followed by behavioral law and economics — has questioned the first assumption. This Article challenges the second one, arguing that in many instances, social welfare should be enhanced not by maximizing satisfaction of existing preferences but by changing the preferences themselves. The Article identifies seven categories of cases where the traditional (...) objections to intentional preference change by the state and the law lose force and argues that in these cases, such a change warrants serious consideration. It then proposes four different modes of intervention in people’s preferences, varying in intensity, on the one hand, and in the identity of their addressees, on the other, and explains the relative advantages and disadvantages of each form of intervention. (shrink)

People living in areas of intractable conflicts experience extreme negative emotions which ultimately lead to support of aggressive policies. Emotion regulation and particularly cognitive reapprais...

Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...) proportionate recovery principle, under which the defendant compensates the claimant for a fraction of his or her injury that represents the defendant's statistical share in that injury. This article analyses this development within the particular domain of indeterminate causation, over which the proportionate recovery principle has been licensed to exercise control. The article claims that this development would constitute an improvement of the law from the perspectives of both optimal deterrence and corrective justice, if the courts properly formulate its scope. First, the proportionate recovery principle needs to be explicitly confined to cases that deal with recurrent wrongs. Second, determination of the defendant's share in the claimant's injury ought to be grounded on the probability of causation, rather than the risk of inflicting that injury. Third, judges must not apply unarticulated intuitions in determining the magnitude of the relevant risk or probability: their decisions in that area would be better informed by the statistical principle of ‘insufficient reason’, also known as the ‘indifference principle’. Fourth, courts are yet to relieve the doctrinal tension between the proportionate recovery principle, as recognized in Holtby and Allen, and the previous rejection of that principle by the House of Lords. Subsequently, the article analyses the House of Lords' decision in Fairchild—yet another instance of indeterminate causation in which proportionate recovery is preferable to the ‘all or nothing’ approach. In this case, the House of Lords allowed the claimants full recovery. This holding was grounded in the Law Lords' innovative approach to indeterminate causation, and the article unfolds the problematics of this approach. Finally, the article offers an adoption of yet another legal mechanism—the ‘evidential damage doctrine’—that replaces liability under uncertainty with liability for uncertainty. (shrink)

Lawmakers regularly delegate authority to agents. Such delegation is accompanied by mechanisms that attempt to ensure that the agents adhere to the will of the lawmakers. But these mechanisms are often ineffective or inefficient. Moreover, at times the very imposition of constraints distorts the agents’ incentives and impels them to adopt skewed policies. We suggest that it is possible to reduce such wasteful enforcement costs by delegating authority to certain types of agents who will pursue the lawmaker’s policies without constraints (...) imposed by the lawmaker. In this Article we focus on agents who are impartial — but not indifferent! — and skillful enough to identify the proper course of action. The Article encompasses two main arguments. The normative argument is that when skillful and impartial agents can be identified, it makes sense to delegate to them decision-making powers with only limited constraints. Moreover, in such instances it may be more cost-effective to provide agents with incentives to act impartially rather than develop enforcement mechanisms to impose impartiality. The positive argument is that the law — sometimes explicitly and sometimes implicitly — is compatible with our normative argument in various fields. Although our argument is general in scope and applies to many areas of law, in this Article we begin by focusing on tort law and on international law. We distinguish five categories of cases where the law relies on agents and detect in some of them impartial and skillful agents. This analysis demonstrates that, in some of these categories, the law in fact relies on agents with only minimal constraints and that, in other situations, the constraints imposed by the law are counterproductive. Our normative argument thus serves an explanatory role in understanding many legal doctrines and principles, but, at the same time, offers a critical view on other doctrines and principles, which are not compatible with that argument. (shrink)

A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to (...) lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for lapses, and argue that under certain circumstances injurers should be entitled to invoke a “lapse defense.”. (shrink)

The Jehovah’s Witnesses cases of the late 1930s and early 1940s presented some of the first instances of American Supreme Court’s attempts to grapple with the challenges of a multicultural society. Taken as a whole, these cases represented a favorable position towards minorities’ claims, even to some extent a path breaking one. The Jehovah’s Witnesses cases were a precursor of the Court’s growing involvement in the protection of minorities’ rights, which colored the entire second half of the 20th century. They (...) further introduced a new language, and new judicial forms into constitutional jurisprudence—the language of balancing and balancing tests. In all these aspects the Jehovah’s Witnesses cases seem to have shown the early sings of multicultural ideology in Supreme Court jurisprudence. However, not all Jehovah’s Witnesses cases showed the same kind of judicial willingness to protect minorities’ interests from the will of the majority, and not all involved the new judicial rhetoric of balancing. What explains these different judicial responses in cases which are similar in their facts and close to each other in time? In this Article I will attempt to distinguish between three types of Jehovah’s Witnesses cases and argue that the different judicial responses in each of them indicates a different structure of the multicultural conflict, and a different structure of the multicultural claims in each of them. (shrink)

The Israeli Supreme Court has become increasingly polarized between liberal and conservative judges. This phenomenon is relatively new to the Israeli Supreme Court and follows the much older and more well-known example of the U.S. Supreme Court. This article surveys both U.S. and Israeli court polarization and shows the history, reasons, and special features of polarization of both courts, including the important differences between them. It also adds a distinction to existing literature on court polarization—the distinction between court polarization and (...) politicization, and especially the distinction between “regular” polarization and “one-side” polarization. Regular court polarization happens when the court is divided roughly equally between the two main political contenders. One-side polarization happens when there is a clear advantage to one side of the political map in the make-up of the court. The current U.S. Supreme Court, with six conservative justices and only three liberal justices, is an example of one-side court polarization that is tilted to the right. The current Israeli Supreme Court is an example for one-side court polarization tilted to the left; there are 10 liberal judges and only five conservative judges on the court. The article’s main argument is that one-side court polarization presents a particularly vexing problem for the legitimacy of the court, even more so than “regular” polarization. The article concludes with a survey of possible solutions to help Israel retract itself from one-side court polarization. (shrink)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...) and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

Negligence law is built around the paradigmatic case of a person who unreasonably preferred his own interests to those of others and, as a result, caused damage to another person. However, this case is not representative of all instances of negligence. In some cases, the negligent injurer failed in balancing between the interests of the victim alone; in other cases, he failed in balancing between the victim’s interests and those of a third party; sometimes the injurer failed in balancing the (...) victim’s interests and the interests of the public or of society as a whole; and in yet other instances, he failed in balancing between his own interests. This article argues that the law should not treat in the same manner the different types of instances of failure in balancing between interests. Both justice and deterrence considerations mandate different treatment for the different types of instances, in accordance with the type of interests that the negligent injurer failed to balance. The article focuses on the typical types of balances of interests that the potential injurer is required to conduct before taking action, with the aim of determining the degree to which it is crucial to impose tort liability in each type of case. The article also examines whether prevailing negligence law is compatible with the thesis developed in the article and proposes tools for achieving such compatibility. (shrink)