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)

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)

Recent years have seen abundant literature, in law and the social sciences, addressing the significance of "soft law," "self-regulation," and "private law-making" and analyzing the potential implications of "governance" in general for the trajectory of law. This Article is grounded in and oriented towards this broad theoretical and conceptual terrain by pointing at empirical phenomena that mark a shift towards market-embedded forms of social regulation. I specifically discuss the Equator Principles, a self-regulatory blueprint for overseeing the social and environmental performance (...) of project-finance initiatives. I argue for an understanding of the process in terms of a general moralization of markets, in and of itself a product of neo-liberal conceptions of governance. I posit that one implication of this process is that socially-oriented norm-making and norm-enforcement merge with the instrumental and utilitarian logic of markets. (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)

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)

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)

This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the early third century CE. It discusses the different manuscripts, editions and translations of the tosefta. It concludes that the narratives or case stories in the tosefta possess significance for historical research and their relevance ranges from an increased understanding of the daily life of the Jews in Palestine and (...) the activity of the rabbis in society to the more precise determination of their power and position within society. (shrink)

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)

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)

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)

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)

: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)

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)

In this book, Tal S. Shamir sets out to identify cinema as a novel medium for philosophy and an important way of manifesting and developing philosophical thought. The volume presents a comprehensive analysis of the nature of philosophy's potential-or, more strongly put, its need-to be manifested cinematically. Drawing on the fields of cinema, philosophy, and media studies, Cinematic Philosophy adds film to the traditional list of ways through which philosophy can be created, concentrating on the unique potential of the (...) cinematic medium to effectively put forward and create philosophy. In the process, the book opens up innovative horizons for new types of knowledge and wisdom grounded in contemporary contexts and philosophical thought. Philosophy, best characterized as the love of wisdom, is not dependent on a specific medium nor solely situated within written text or oral lectures. Shamir asserts that philosophy can, should, and must be manifested and identified in a range of different platforms. (shrink)

The objective of this survey was to assess the extent to which nurses encounter and identify dilemma-generating situations in the light of the publication and circulation of the Israeli code of ethics for nurses in 1994. The results are being used as a basis for a programme aimed at promoting nurses' decision-making skills in coping with ethical dilemmas. In this era of major advances in medicine, the nurse's role as the protector of patient rights may bring about conflicts with physicians' (...) orders, with institutional policies, or with patients' families. Nurses will then become confronted with ethical and moral dilemmas. A nationwide survey was carried out to identify and describe the ethical conflicts with which nurses in Israel are confronted in the course of their work. A third of the enumerated dilemmas were encountered by more than 50% of the nurses. The major determinant influencing encounters with dilemmas, as perceived by the participating nurses, was their work setting, namely, the hospital versus the community. It was shown that nurses seek support mainly among their peers, they are barely familiar with the Israeli Code, and they consider their own families as the predominant factor in shaping their ethical attitudes. (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)

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 his left-libertarian theory of justice Hillel Steiner introduces the idea of conceiving our germ-line genetic information as a natural resource as a means to achieving luck-egalitarian equality. This idea is very interesting in and of itself. But it also has the potential of turning Steiner’s theory into a particularly powerful version of left-libertarianism, or so I argue in the first part of this paper. In the second part I critically examine this idea. I show why, in contrast to what (...) Steiner claims, this idea requires us to evaluate not only the pieces of GLGI that we have used, but rather all the pieces of GLGI that our bodies deliver throughout our lives. Then I argue that besides the immense technical difficulties involved in meeting this requirement, which we may overcome in the future, there is also a substantive reason why we cannot meet this requirement. The relevant value of any given piece of GLGI depends on the way it would interact with another piece of GLGI of the opposite sex in a reproductive process. But there is no way of determining which pieces of GLGI should be assigned to each other for the purpose of this evaluation. (shrink)

Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...) the freedoms one possesses and partly on their physical extension. According to the critique, because of its reference to freedoms’ specific value, the partly evaluative approach fails to capture freedoms’ non-specific value, which is what it should capture. In this paper I argue that this critique is unfounded, by showing that even measures of more mundane things, which nevertheless, like freedom, present us with a commensuration problem, sometimes involve evaluative considerations similar to the ones that the partly evaluative approach invokes. (shrink)

Philosophy prides itself on beginning with Socrates’s death: scandalous with regard to Socrates’s virtue and wisdom, as well as his age, this death is transfigured into an entry into truth. One can...

The objective in this article is to apply a Daoist model of an ethic derived from the Laozi on writings of the Huang Lao tradition to offer a unique Daoist cosmically derived ethic in its own terms. Having our point of departure in the Laozi we refer to its paradoxical language as a living riddle that is inherent in the tradition, and as such it suggests a "model of modeling." We find this model in Laozi 25, according to which self-so (...) (ziran 自然) serves as foundation for an ethic that is neither dichotomizing nor resting on human moral conventions, but serves rather as a guiding philosophy of living. On this basis we explore the question of an ethic in the Huang Lao tradition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 269-283 [Access article in PDF] To Live a Riddle:The Case of the Binding of Isaac Galia Patt-Shamir MOST OF US BELIEVE we know what a riddle is. Usually it is an obscurity, or a set of obscurities, for which—we assume—an answer can be given, even if one is not yet known. Most of us, moreover, believe we know what a solution to a (...) riddle is; in most cases it is a well-defined explanation of the obscurities inherent in the riddle. But what if these obscurities cannot be defined well inherently? In this case, it may be called "a living riddle." Most of us probably have never given a thought to what a living riddle is, and to what would amount to a response. In this article, I attempt to understand the biblical story of the binding of Isaac (the Akedah), as a riddle of a special type, a riddle whose "solution" is one's life.An underlying assumption here is that obscurities and paradoxical expressions in religious texts reflect real conflicts in life. No one can completely understand a foreign form of life; and moreover, in each form of life the most crucial ideas are couched only in subtle cues. The idea of a living riddle opens a channel between texts and practice; an ability to see the riddle expresses understanding for the form of life it represents.The article opens with a philosophical exposition, followed by a literary illustration regarding the role of riddle in a religious context. In the second part, we offer a methodology, mainly as an implication of the later Wittgenstein's texts; in this part, we will focus on the senses of life as a riddle. The third part focuses on life as the response to the riddle. By applying this method to the biblical story of the Akedah, we will refer to Kierkegaard's Fear and Trembling. In the fourth part, Kierkegaard and Wittgenstein are interwoven to highlight the absurd. [End Page 269] This article ends with a counter-example to the futile attempt to reason with the Akedah, as presented in Kafka's short story "Abraham." I Let us start in reading two passages from Wittgenstein's Culture and Value. Christianity is not a doctrine, not, I mean, a theory about... but a description of something that actually takes place in human life. (p. 28) But in that case why is the scripture so unclear? If we want to warn someone of a terrible danger, do we go about it by telling him a riddle whose solution will be the warning? But who is to say that the scripture is really unclear? Isn't it possible that it was essential in this case to 'tell a riddle'? (p. 31) 1Wittgenstein stresses that first and foremost, the particular case of Christianity refers to a system of practices. In his words Christianity is not a theory about something; it is human life itself. Religious belief can, and has to be, expressed in riddles: telling a riddle is essential for understanding. According to the present view, a riddle is a question in which the answer is inherent. The riddle itself is a hint toward its solution. If, by analogy, a careful detective discovers a clue and shows that it is inherent in the puzzle, we get closer to unraveling the whole.Religion is presented as a riddle of a special kind. Its "solution" is not found in theoretical terms; rather, it is a commitment; "a living riddle." When one takes up this riddle as one's life, one commits every move in life as an expression of the riddle. Even without living it, an ability to see the riddle and its response is an ability for "seeing every problem from a religious point of view," despite seeing oneself as "not a religious person" (as Wittgenstein testifies of himself). 2 The ability to see that it is a living riddle, allows an "outsider" to recognize a certain point about the believer's life not... (shrink)

Countries increasingly have been entering bilateral labor agreements as a tool for the regulation and governance of short-term temporary labor migration worldwide. However, these are often confidential legal instruments, and consequently we know relatively little about their actual content and impact, and why countries choose to enter them. This Article complements existing explanations in the literature regarding the reasons why countries enter BLAs and their potential to create and improve migrant workers’ rights. Based on a detailed content analysis of 81 (...) recent BLAs signed largely over the last 20 years, and on a wide literature review and interest analysis, we introduce a “control thesis.” According to the control thesis, the popularity, confidentiality and unenforceability of BLAs can be explained, at least partially, by their ability to promote a key shared interest of sending and receiving countries in controlling and policing the mobility and actions of migrant workers and also, at times, aspects of the illicit migration industry that develops around labor migration. We reach this conclusion, and elaborate on its meaning and the potential it may hold for migrant workers and their advocates, in strategically seeking to use BLAs to improve temporary migrant workers’ rights and protections. (shrink)