Confessions both hold a great promise and pose a grave danger. When the accused speaks against his interest and assumes responsibility for criminal actions this is viewed as a compelling sign of guilt. It is not, therefore, for naught that the confession has been crowned the "queen of evidence." Yet research conducted in the last few decades has shown that a substantial number of confessions are false, ranking the out of court confession high among the factors leading to the conviction (...) of innocent people. The acceptance of DNA testing, has further substantiated this finding, igniting a renewed interest in out-of-court confessions. It is hard to assess the magnitude of social harm caused by the widespread and persistent resort to obtaining confessions, but one thing is evident from the vast literature on the matter: this evidentiary mechanism is currently overused, much beyond the optimal level. The reasons for this over-use are varied, among them the fact that confessions are readily available for law enforcement officers, and that those in charge of trying the facts tend to overwhelmingly convict based on out-of-court confessions, while underestimating the associated dangers. As a result, confessions have come to play a paramount role in the criminal justice system. Many attempts have been made to deal with confession-based wrongful convictions. Examples include the Miranda rules or the requirements for varying degrees and types of corroborating evidence. To date, all the rules and proposals share a common characteristic: They all attempt to correct the evidentiary fallacies associated with out-of-court confessions by evidentiary means, whether admissibility oriented or weight oriented. In the article we argue that none of the proposed mechanisms is likely to solve the problem. The root of the problem lies in the fact that the entire criminal justice system is currently organized around confessions. Law enforcement officers focus on obtaining confessions and the prosecution uses it as its evidentiary centerpiece. Further restricting admissibility or requiring a higher degree of corroboration will not change this trend. Moreover, the confessional lure is too strong to resist. Like the Sirens' Song, the confession casts a spell on all those subjected to it and, no matter how strong a corroboration we require, we will eventually fall back on the confession. We propose an entirely different solution to the tendency to over-use confessions, one that utilizes penal means to change the incentive structure within the criminal justice system. We propose to incorporate into the sentencing guidelines a mandatory reduction of the criminal sanction whenever an out-of-court confession is introduced into evidence by the prosecution. In other words, our proposal is to elevate the cost of using out-of court confessions, as compared to other types of evidence. The article will demonstrate how placing such a "sentencing price tag" on the use of out-of-court confessions will correct the current bias in favor of using this evidence and induce law enforcement officials to seek extrinsic evidence, thus turning confessions into a residual evidentiary devise. The article will also show that the proposed regime will improve the court's ability to distinguish between true and false confessions. After discussing the proposed model's normative appeal, the article will proceed to deal with possible criticisms which can be leveled against it, whether retributive, utilitarian or expressive. (shrink)

The present work is aimed at filling a hiatus in the literature dealing with the Young Hegelians and the early thought of Karl Marx. Despite the prevalent view in the past few decades that Bruno Bauer played an important part in the radical activity of Hegel's young disciples in the eighteen forties in Germany, no comprehensive work has so far been published on the relations between Bauer and Marx. In 1927 Ernst Bar nikol promised to write a monograph on the (...) subject, but he never did. For the purpose of this study I perused material in numerous library collections and I would like to express my gratitude to the staff of the following institutions: Tel Aviv University Library, the Library and Archive of the International Institute of Social History in Am sterdam, the Heidelberg University Library, the Library of Gottingen University, the Tiibingen University Library, Frankfurt University Library, the State Library at Marburg, the Manuscript Department of the State Archives in Berlin. (shrink)

Regionalism is experiencing a global resurgence as countries grapple with issues such as coordination problems, economic inequality, racial tensions, and environmental degradation. Nations are exploring various regional entities as potential solutions to these challenges. However, despite the growing prominence of regions, they remain undertheorized. While extensive research has been conducted on national and local governments, regions have often been treated as either state-like or locality-like, or as ad-hoc remedies for the limitations of both. This article seeks to complicate this perspective (...) and present the initial stages of a theory of regions. By examining the case study of the Cities’ Union in Israel and tracing its historical origins and legal evolution into multipurpose regional clusters, the article uncovers valuable theoretical insights about regions. First, it argues that just as “the local” and “the national” mutually shape one another, “the local” and “the regional” too are interdependent concepts, each definition relying on the other. The existence of a third concept—the regional—is crucial, making this a conceptual triad rather than a dyad. Second, the article highlights that legal institutions such as interlocal cooperations and special-purpose governments (SPGs) are not inherently local or regional but can be perceived as either depending on historical and political contingencies. The conceptualization and concrete manifestations of local and regional forms are subject to political concerns and ideological commitments, extending beyond mere technical or functional considerations. Lastly, the article reflects on the unique characteristics of regional forms that make them legally, socially, geographically, and economically nimbler and more adaptable than their national and local counterparts. (shrink)

The emergence and persistence of the jews other.

Rabbinic literature contains several examples of a manner of silencing impious arguments that is usually identified only with later forms of piety, namely, ascribing the arguments to the evil inclination . Arguments attributed to the yetzer represent serious discursive threats against rabbinic doctrine, marking fundamental problems in both its legal and nonlegal parts. Identifying a question or refutation as belonging to the yetzer automatically invalidates it. By ascribing arguments to the yetzer , the rabbis prevent their audience from actually engaging (...) them, thus marking the limits of rabbinic dialogism. (shrink)

The creation of a "market for virtue" and social responsibility is dependent on the flow of information from the corporation to the responsible agents. To achieve a free flow of information, excessive, missing and unreliable information must be avoided. More generally, a market for virtue should make it possible to create the appropriate means to signal true commitments and enable informed agents to know how to effectively use their limited resources for deploying market power that rewards and sanctions the corporations (...) that deserve such responses. The underlying assumption of this query is that if corporations in fact compete among themselves in the dimension of social responsibility, then some corporations will identify ways of demonstrating credibility of both efforts and results. The purpose of publishing codes of conduct and annual Corporate Social Responsibility reports would be to improve the level of information that is needed for the market for virtue to function. In order to assess the existence of a competitive market for virtue, the Article analyzes the codes and associated documents of sixteen multinational companies in three industries — textile, petrochemical and automobile. The Article finds some differences between labor and environmental norms, both within each of the sectors, as well as between sectors. However, the major finding casts doubt on the very assumption that labor and environmental norms are shaped by a market for virtue. Contrarily, the Article sheds new light on alternative reasons for developing social norms in corporations and rethinks the purpose of CSR reports. (shrink)

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental harms. In this Article (...) we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)

The Crown and the Courts: Separation of Powers in the Early Jewish Imagination. By David C. Flatto. Cambridge, MA: Harvard University Press, 2020. Pp. 367. $39.95.

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...) story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

In this stunning reappraisal of the celebrated case of Daniel Paul Schreber, Lothane takes the reader on a richly documented tour of all the ingredients that made Schreber's illness a unique psychiatric event. Building outward from a close examination of Schreber's troubled relationship to his two psychiatrists, Flechsig and Weber, Lothane elaborates the personal, familial, and cultural contexts of Schreber's illness. Incorporating extensive new archival and bibliographic research, and providing extensive accounts of the personalities and theories of Schreber's two psychiatrists, (...) Paul Flechsig and Guido Weber, Zvi Lothane offers a stunning reappraisal of the Schreber case that overturns virtually all previous opinion. Lothane examines both the man and his milieu in a way that allows the reader fresh access not only to the tragedy of Schreber's illness but also to his heroic, if doomed, attempts to come to terms with his condition through writing. In the process, he persuasively demonstrates that important issues of both psychiatric diagnosis and psychoanalytic interpretation have heretofore been compromised by a failure to pay sufficient attention to Schreber's interpersonal, cultural, and historical contexts. (shrink)

We argue that a conflict between two conceptions of “quantity of matter” employed in a corollary to proposition 6 of Book III of the Principia illustrates a deeper conflict between Newton’s view of the nature of extended bodies and the concept of mass appropriate for the theoretical framework of the Principia. We trace Newton’s failure to recognize the conflict to the fact that he allowed for the justification of natural philosophical claims by two types of a posteriori, empiricist methodologies. Newton's (...) thoughts on these methodologies demonstrate that his natural philosophy continued to develop after the publication of the first edition of Principia and that De Grav should be understood as an early, and not necessarily representative, text. (shrink)

Newton’s Regulae philosophandi—the rules for reasoning in natural philosophy—are maxims of causal reasoning and induction. This essay reviews their significance for Newton’s method of inquiry, as well as their application to particular propositions within the Principia. Two main claims emerge. First, the rules are not only interrelated, they defend various facets of the same core idea: that nature is simple and orderly by divine decree, and that, consequently, human beings can be justified in inferring universal causes from limited phenomena, if (...) only fallibly. Second, the rules make substantive ontological assumptions on which Newton’s argument in the Principia relies. (shrink)

Evolution, mathematics, and the evolution of mathematics -- Mathematics and the Greeks' view of the world -- Mathematics and the view of the world in early modern times -- Mathematics and the modern view of the world -- The mathematics of randomness -- The mathematics of human behavior -- computations and computers -- Is there really no doubt? -- The nature of research in mathematics -- Why is teaching and learning mathematics so hard?

Newton began his Principia with three Axiomata sive Leges Motus. We offer an interpretation of Newton’s dual label and investigate two tensions inherent in his account of laws. The first arises from the juxtaposition of Newton’s confidence in the certainty of his laws and his commitment to their variability and contingency. The second arises because Newton ascribes fundamental status both to the laws and to the bodies and forces they govern. We argue the first is resolvable, but the second is (...) not. However, the second tension shows that Newton conceives laws as formal causes of bodies and forces. This neo-Aristotelian conception goes missing in Kantian accounts of laws, as well as accounts that stress laws’ grounding in powers and capacities. (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

This is the first volume of original commissioned papers on the subject of Newton and empiricism. The chapters, contributed by a leading team of both established and younger international scholars, explore the nature and extent of Newton's relationship to a variety of empiricisms and empiricists.

I argue that Isaac Newton's De Gravitatione should not be considered an authoritative expression of his thought about the metaphysics of space and its relation to physical inquiry. I establish the following narrative: In De Gravitatione (circa 1668–84), Newton claimed he had direct experimental evidence for the work's central thesis: that space had "its own manner of existing" as an affection or emanative effect. In the 1710s, however, through the prodding of Roger Cotes and G. W. Leibniz, he came to (...) see that this evidence relied on assumptions that his own Principia rendered unjustifiable. Consequently, he (i) revised the conclusions he explicitly drew from the experimental evidence, (ii) rejected the idea that his spatial metaphysics was grounded in experimental evidence, and (iii) reassessed the epistemic status of key concepts in his metaphysics and natural philosophy. The narrative I explore shows not only that De Gravitatione did not constitute the metaphysical backdrop of the Principia as Newton ultimately understood it, but that it was the Principia itself that ultimately lead to the demise of key elements of De Gravitatione. I explore the implications of this narrative for Andrew Janiak's and Howards Stein's interpretations of Newton's metaphysics. (shrink)

The introduction considers the state of scholarship on empiricism as a philosophical and historical category, particularly as it pertains to experimental philosophy. It concludes that empiricism properly understood is a rich category encompassing epistemic, semantic, methodological, experimental, and moral elements. Its richness makes it a suitable lens through which to account for actual historical complexity. The introduction relates the category to the work of Sir Isaac Newton, who influenced all of empiricism’s elements.

Newton's Principia begins with eight formal definitions and a scholium, the so-called scholium on space and time. Despite a history of misinterpretation, scholars now largely agree that the purpose of the scholium is to establish and defend the de fi nitions of key concepts. There is no consensus, however, on how those definitions differ in kind from the Principia's formal definitions and why they are set-off in a scholium. The purpose of the present essay is to shed light on the (...) scholium by focusing on Newton's notion and use of de fi nition. The resulting view is developmental. I argue that when Newton first wrote the Principia, he viewed the scholium's definitions as items of “natural philosophy.” By the time of the third edition, however, he came to view their methodological status differently; he viewed them as belonging to the more qualified “manner of geometers.” I explicate the two methods of natural inquiry and draw out their implications for Newton's account of space. (shrink)

All families are political, each in its own way. Nevertheless, the diversity of family politics has not negated, by and large, patriarchal influence on the Political Family. This Article introduces the Political Family as a key concept in a scholarly and activist movement in family law studies which I identify as Critical Family Law. In Part I a reminder is offered that “alternative families” have existed since the dawn of history. However, I argue that despite constant changes in the configuration (...) of the family, for the most part all family forms have adhered to patriarchy. Part II offers a brief overview of some of the central themes in contemporary critical study of family law. I show how dichotomies such as private/public and intervention/autonomy have lain at the basis of the definition of the family since antiquity, constantly shifting the very meaning of the family across time, cultures and legal traditions, but rarely challenging its patriarchal ideology. Such challenges necessitate a critical look at the language of rights and obligations within the family, in acknowledgment that this very discourse is already saturated with ideology and biased preconceptions. Under the umbrella of “Critical Family Law,” I explore the potential for promoting such a shift, discussing articles in this issue. In memory of Paula Ettelbrick, 1955-2011. (shrink)

When we dream, we feel emotions in response to objects and events that exist only in the dream. What should we say about these emotions? One key question is whether these emotions can be said to be ‘fitting’, that is, appropriate to the evoking scenario. However, how we evaluate these emotions for fittingness may depend on the nature of dreams. According to the imagination model, dreamers do not believe that dream objects are real or that dream events are really happening. (...) In contrast, the hallucination model suggests that we falsely believe dream events are real and many of these beliefs are irrational. Under these conditions, an interesting possibility arises: dream emotions may be “essentially unfitting”, or in other words, feeling emotions in response to dream events is always unfitting. If fittingness requires a match between emotion and evaluative properties of objects or events, it is prima facie plausible that dream emotions could fail to fit under the imagination model because it is unfitting to have an emotion towards an object we do not believe to be real. Further, under the hallucination model, dream emotions could be unfitting because their objects do not exist even if we believe them to be real, or alternatively, because of the irrational nature of dream beliefs. More nuance, however, is required. By comparing dream emotions to the emotions we experience while imagining, engaging with fiction, and hallucinating, we evaluate the possibility of essential unfittingness of dream emotions. We conclude that although there are compelling arguments in support of the claim that dream emotions are essentially unfitting, these arguments are not entirely convincing, and it is more plausible that particular dream emotions can be assessed for fittingness under either model of dreaming. (shrink)

History, as we all know, is written by the victors. But in political theory the writing of history is a part of the struggle. Joshua Cherniss’s Liberalism in Dark Times makes a distinguished additi...

In this insightful and controversial book, the eminent philosopher Stanley Rosen takes a new look at the famous 'quarrel' that the moderns have with the ancients, analyzing and comparing ancient philosophers and modern Continental and analytical thinkers from Plato, Descartes, and Kant to Fichte, Nietzsche, and Rorty. He urges that we do not dismiss the classical heritage but appropriate it, for this appropriation is an indispensable step in the process of legitimizing our historical experience.

Herbert Marcuse visited Israel in late December 1971 . Summing up his political conclusions at the end of his visit, he published an article in the English-language Israeli newspaper The Jerusalem Post under the title “Israel is Strong Enough to Concede.”1 A Hebrew translation of that article appeared concurrently in the Israeli daily Haaretz under the title “My Opinions on the Arab-Israeli Conflict: Israel Must Accept the Existence of a Palestinian State.”2 A few days prior to the publication of his (...) article in the Israeli press, Marcuse met with journalists and other guests…. (shrink)

: Although Galileo's struggle to mathematize the study of nature is well known and oft discussed, less discussed is the form this struggle takes in relation to Galileo's first new science, the science of the second day of the Discorsi. This essay argues that Galileo's first science ought to be understood as the science of matter—not, as it is usually understood, the science of the strength of materials. This understanding sheds light on the convoluted structure of the Discorsi's first day. (...) It suggests that the day's meandering discussions of the continuum, infinity, the vacuum, and condensation and rarefaction establish that a formal treatment of the "eternal and necessary" properties of matter is possible; i.e., that matter as such can be considered mathematically. This would have been a necessary, and indeed revolutionary, preliminary to the mathematical science of the second day because matter itself was thought in the Aristotelian tradition to be responsible for the departure of natural bodies from the unchanging and thus mathematizable character of abstract objects. In addition, the first day establishes that when considered physically, these properties account for matter's force of cohesion and resistance to fracture. This essay closes by showing that this dual style of reasoning accords with the conceptual structure of mixed mathematics. (shrink)

Accounts of Hobbes’s ‘system’ of sciences oscillate between two extremes. On one extreme, the system is portrayed as wholly axiomtic-deductive, with statecraft being deduced in an unbroken chain from the principles of logic and first philosophy. On the other, it is portrayed as rife with conceptual cracks and fissures, with Hobbes’s statements about its deductive structure amounting to mere window-dressing. This paper argues that a middle way is found by conceiving of Hobbes’s _Elements of Philosophy_ on the model of a (...) mixed-mathematical science, not the model provided by Euclid’s _Elements of Geometry_. I suggest that Hobbes is a test case for understanding early-modern system-construction more generally, as inspired by the structure of the applied mathematical sciences. This approach has the additional virtue of bolstering, in a novel way, the thesis that the transformation of philosophy in the long seventeenth century was heavily indebted to mathematics, a thesis that has increasingly come under attack in recent years. (shrink)

Isaac Newton is best known as a mathematician and physicist. He invented the calculus, discovered universal gravitation and made significant advances in theoretical and experimental optics. His master-work on gravitation, the Principia, is often hailed as the crowning achievement of the scientific revolution. His significance for philosophers, however, extends beyond the philosophical implications of his scientific discoveries. Newton was an able and subtle philosopher, working at a time when science was not yet recognized as an activity distinct from philosophy. He (...) engaged with the work of Rene Descartes and G.W. Leibniz, and showed sensitivity to the work of John Locke, Francis Bacon, Pierre Gassendi and Henry More, to name just a few. In his time, Newton was not perceived as a scientific outsider, but as an active and knowledgeable participant in philosophical debates.... (shrink)