Traditional state v. state war is largely a relic. How then does a nation-state protect itself - preemptively - against the unseen enemy? Existing international law - the Caroline Doctrine, UN Charter Article 51, Security Council Resolutions 1368 and 1373 - do not provide sufficiently clear guidelines regarding when a state may take preemptive or anticipatory action against a non-state actor. This article proposes rearticulating international law to allow a state to act earlier provided sufficient intelligence is available. After examining (...) international law, this article proposes a process-based "strict-scrutiny" approach to self-defense. Under this approach, the executive will have to convince a court, based on relevant, reliable, viable, and corroborated intelligence, that preemptive action is appropriate. This process leads to a check on the power o the executive by placing a judicial check on preemptive action, consequently establishing objective legal criteria for operational counterterrorism. Muge Kinacioglu, Department of International Relations, Bilkent, University, Turkey, wrote a response to my article titled, "A Response to Amos Guiora: Reassessing the Parameters of the Use of Force in the Age of Terrorism: Pre-emptive Action and International Law." Tarcisio Gazzini, Faculty of Law, VU University, Amsterdam, also wrote a response titled, "A Response ot Amos Guiora's Article on Pre-Emptive Self-Defence Against Non-State Actors.". (shrink)

Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what (...) sort of forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)

In his thought-provoking, carefully crafted, and impressively researched article, Don Scheid makes a compelling argument for an indefinite detention paradigm for “mega-terrorists.” Scheid's proposa...

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate (...) speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate (...) speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...) is available. These heuristics are highly economical and usually effective, but they lead to systematic and predictable errors. A better understanding of these heuristics and of the biases to which they lead could improve judgements and decisions in situations of uncertainty. (shrink)

This pioneering work in the history of science, which originated in a series of three Gauss Seminars given at Princeton University in 1984, demonstrated how the roots of the scientific revolution lay in medieval scholasticism.

This book offers a fresh account of one of the remarkable figures in the Renaissance, Giovanni Pico della Mirandola (1463-1494), by focusing on a neglected aspect of his work; his reading of scholasticism and its reception in the fifteenth century.

In his recent Ars Disputandi article, ‘Some Difficulties for Amos Yong’s Disability Theology of the Resurrection,’ Ryan Mullins argues that Yong’s proposals are fundamentally misguided by Stanley Hauerwas’ dictum – which states that to ‘eliminate the disability means to eliminate the subject’ – and that therefore Yong’s disability theology of the resurrection body encounters potentially insuperable difficulties or is not sufficiently justified in the face of more traditional accounts. In response to Mullins’ criticisms, clarifications are offered with regard to (...) both the role of Hauerwas’ notion in Yong’s theology and the theological basis for claims regarding the persistence of the marks of impairment in the resurrection body. (shrink)

Moral distress has been well reviewed in the literature with established deleterious side effects for all healthcare professionals, including nurses, physicians, and others. Yet, little is known about the quality and effectiveness of interventions directed to address moral distress. The aim of this integrative review is to analyze published intervention studies to determine their efficacy and applicability across hospital settings. Of the initial 1373 articles discovered in October 2020, 18 were appraised as relevant, with 1 study added by hand search (...) and 2 after a repeated search was completed in January and then in May of 2021, for a total of 22 reviewed articles. This review revealed data mostly from nurses, with some studies making efforts to include other healthcare professions who have experienced moral distress. Education-based interventions showed the most success, though many reported limited power and few revealed statistically lowered moral distress post intervention. This may point to the difficulty in adequately addressing moral distress in real time without adequate support systems. Ultimately, these studies suggest potential frameworks which, when bolstered by organization-wide support, may aid in moral distress interventions making a measurable impact. (shrink)

In his recent Ars Disputandi article, ‘Some Difficulties for Amos Yong’s Disability Theology of the Resurrection,’ Ryan Mullins argues that Yong’s proposals are fundamentally misguided by Stanley Hauerwas’ dictum – which states that to ‘eliminate the disability means to eliminate the subject’ – and that therefore Yong’s disability theology of the resurrection body encounters potentially insuperable difficulties or is not sufficiently justified in the face of more traditional accounts. In response to Mullins’ criticisms, clarifications are offered with regard to (...) both the role of Hauerwas’ notion in Yong’s theology and the theological basis for claims regarding the persistence of the marks of impairment in the resurrection body. (shrink)

"Perceptions of Jewish History scintillates with original ideas and insights. It will appeal to a broad audience." --Michael A. Signer, University of Notre Dame "Students of the Jewish past will welcome this volume; it will also attract readers with the widest possible range of interests." --Robert Chazan, New York University.

This paper presents a new challenge for libertarianism. The problem, in a nutshell, is that libertarianism appears to self-destruct in cases where conjoined twins—who share body parts—disagree over what to do with them. The problem is explored, and some solutions are proposed. The verdict is that accepting any of them will make libertarianism harder to defend.

Plato’s dialogues, the Symposium, and Phaedrus, provide a reasonable explanation of love. G. Vlastos and M. Nussbaum do not share such an opinion. The former contends that Plato’s view of love is about loving only a person’s beauty, but not the entire person; thus, it falls short of an appropriate explanation of love. The latter holds that a theory of love should be complete, and that Plato’s one is incomplete on the grounds that it does not account for personal love. (...) These criticisms will be re-evaluated in light of the duality of love as well as participants’ views in the Symposium; a re-assessment will weaken the mentioned objections. This paper contends that from the Symposium and Phaedrus, one can have a fruitful understanding of being in love, being out of love, falling in love, loving for its own sake and being erotically in love. In order to account for these related issues of love it is important to consider Plato’s works in terms of his “official” and “unofficial” views. The former is construed as the doctrine of the lover or loving for its own sake: this is associates with Diotima’s views which are repeated by Socrates. With reference to the latter, it is possible to explain what personal love or being in love, being out of love, falling in love, and being erotically in love involve. Erotic love will be interpreted as an extension of our philosophical conception of love, related to views of love that are mentioned in the Symposium other than Socrates’ report of Diotima’s conceptions. This paper is divided into two parts: the first one will show views of love in the Symposium. That is, being in love, being out of love, falling in love and loving for its own sake will be discussed. In addition, the forementioned criticisms will be re-evaluated. In the second section, we will show that Aristophanes’ speech expresses erotic love, and then Kant’s objections will be explained and discussed. (shrink)

The systematic comparison of Avicenna’s Ilāhiyyāt of the Šifā' with Aristotle’s Metaphysics , accomplished for the first time in the present volume, provides a detailed account of Avicenna’s reworking of the epistemological profile and contents of the Metaphysics and a comprehensive investigation of this latter’s transmission in pre-Avicennian Greek and Arabic philosophy.

We analyze the situation of an observer coaccelerated relative to a linearly accelerated charge, in order to find whether he can observe the radiation emitted from the accelerated charge. It is found that the seemingly special situation of the coaccelerated observer relative to any other observer, is deduced from a wrong use of the retarded coordinate system, when such a system is inadmissible. It is also found that the coaccelerated observer has no special position other than any other observer, and (...) hence, he can observe any physical events as any other observer. (shrink)

The potential of a static electric charge located in a Schwarzschild gravitational field is given by Linet. The expressions for the field lines derived from this potential are calculated by numerical integration and drawn for different locations of the static charge in the gravitational field. The field lines calculated for a charge located very close to the central mass can be compared to those calculated by Hanni–Ruffini. Maxwell equations are used to analyze the dynamics of the falling electric field in (...) a gravitational field. (shrink)

This book presents the definitive exposition of 'prospect theory', a compelling alternative to the classical utility theory of choice. Building on the 1982 volume, Judgement Under Uncertainty, this book brings together seminal papers on prospect theory from economists, decision theorists, and psychologists, including the work of the late Amos Tversky, whose contributions are collected here for the first time. While remaining within a rational choice framework, prospect theory delivers more accurate, empirically verified predictions in key test cases, as well (...) as helping to explain many complex, real-world puzzles. In this volume, it is brought to bear on phenomena as diverse as the principles of legal compensation, the equity premium puzzle in financial markets, and the number of hours that New York cab drivers choose to drive on rainy days. Theoretically elegant and empirically robust, this volume shows how prospect theory has matured into a new science of decision making. (shrink)

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also with (...) institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

Previous works were described as too technical for the average person. In this text, Amos does an exceptional job of explaining the subject in terms that are easily understood by everyone with an interest in this area.

The starting-point and, at the same time, the foundation of recent scholarship on the Arabic translations of Aristotle's Metaphysics are Maurice Bouyges' excellent critical edition of the work in which the extant translations of the Metaphysics are preserved – i.e. Averroes' Tafsīr of the Metaphysics – and his comprehensive account of the Arabic translations and translators of the Metaphysics in the introductory volume. Relying on the texts made available by Bouyges and the impressive amount of philological information conveyed in his (...) edition, subsequent scholars have been able to select and focus on more specific topics, providing, for example, a closer inspection of the Arabic translations of the single books of the Metaphysics, or a detailed comparison of some of these translations with the original text of the Metaphysics. A new trend of research in recent times has been the study of these versions as part of the wider context of the Graeco-Arabic translation movement. (shrink)

The protests at the Universiteit van Amsterdam (UvA) that began in November 2014 as a reaction to severe cuts in the department of humanities have sparked a broad debate nationally and even internationally about the future of the university and the values and ideals that should define it. It turned out that dissatisfaction was much more widespread in different parts of the university than some had previously thought, and many turned out to share the concerns first put forward in the (...) humanities department, to extend beyond the borders of the university and the country. Increasing focus on getting as many students as possible to graduate promptly has shifted the attention ever more towards quantitative indicators for the evaluation of education rather than qualitative ones, leading to raising the question of whether the quality of education has suffered from these priorities. How did this come about and what could be done to improve this quality? In this essay we briefly consider the history of the university as an institute that aims to combine research and education, subsequently mentioning some more recent challenges for the university, finishing it with a brief description of a ‘circulation model of education’ that we consider to be a fruitful source for answering some of the challenges we identified from the current discussions. In this model circulation rather than unidirectional traffic occurs between different elements: circulation between research and education, between insights of teachers and of students, between disciplines, between general and contextualized knowledge, between disciplinary and experi- ential knowledge, between doing research and (meta-)reflection upon research, and so on. (shrink)