This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. This (...) approach provides better guidance to the balancer , restricts wide discretion in balancing, and makes the act of balancing more transparent, more structured, and more foreseeable. The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison, namely the social marginal importance and that the balancing rules—basic, principled, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu. (shrink)

There is renewed scholarly interest in studying the dynamics of constitutional revolutions and the explanations for the rise of constitutional courts around the world. At the same time, there is growing discussion of democratic backsliding and concern that democracies are exhibiting extremism, weakening of opposition forces and constitutional courts, and violations of civil and political rights that are pertinent to vibrant democracies. Scholars try to study both phenomena and understand the relationship between them. Israel is an important case study for (...) both agendas. This Article analyzes the jurisprudence of Aharon Barak, one of the greatest jurists of our time with a worldwide reputation for revolutionizing both Israeli constitutional law and comparative constitutional law. It explains the tactics and strategy used by Barak to revolutionize Israeli constitutional law on issues of reasonableness, proportionality, standing, justiciability, constitutional review, equality, and supra-constitutional law. It reveals how each revolution paved the way for the next. It offers explanations for the effectiveness of these judicially-led revolutions as well as possible bases for their legitimation. Barak was a common law judge and ultimately treated parliamentary sovereignty as a doctrine arising from common law and constrained by common law, though he never quite put it in these terms. The Article concludes with explanations for the political backlash experienced by the current Israeli Supreme Court that some have characterized as democratic backsliding. It argues that the Court contributes to the development of law as part of a dialog and interaction between the different branches of government. As the Court operates within these dynamics, it must understand and take into account the institutional, political, and social environments in which it operates to preserve legitimacy and achieve efficacy. Barak was a strategic player that laid foundations for an expansive judicial power, but his Court was very prudent in utilizing that power. His successors may have contributed unintentionally to the backlash against the Court by following Barak’s substantive jurisprudence, but not necessarily his prudent tactics and strategy. (shrink)

When people lose capacity to make a medical decision, the standard is to assess what their preferences would have been and try to honor their wishes. Dementia raises a special case in such situations, given its long, progressive trajectory during which others must make substituted judgments. The question of how to help surrogates make better‐informed decisions has led to the development of dementia‐specific advance directives, in which people are given tools to help them communicate what their preferences are while they (...) are still able. Such directives allow the perspective of the person to play a clearer role in guiding decisions about their care. Dementia directives can never serve as rigid algorithms. Rather, they can be used to help inform conversations, to help surrogates make decisions that are better aligned with the preferences the person would have had. This essay lays out the proposed utility of dementia‐specific directives and addresses some of the criticisms raised about them. (shrink)

Taking steps to build a more dementia‐friendly society is essential for addressing the needs of people experiencing dementia. Initiatives that improve the quality of life for those living with dementia are needed to lessen controllable factors that can negatively influence how people envision a future trajectory of dementia for themselves. Programs that provide better funding and better coordination for care support would lessen caregiver burden and make it more possible to imagine more people being able to live what they might (...) consider a “good life” with dementia. Specific proposals, such as payment for dementia care managers and new systems to support high‐quality, symptom‐based palliative care beyond the hospice benefit of only six months, would improve and reframe how many people in the United States experience a dementia illness. Such changes should be incorporated into discussions about improving and respecting preferences in the later stages of dementia. (shrink)

In this paper, I argue for a particular conception of impossible worlds. Possible worlds, as traditionally understood, can be used in the analysis of propositions, the content of belief, the truth of counterfactuals, and so on. Yet possible worlds are not capable of differentiating propositions that are necessarily equivalent, making sense of the beliefs of agents who are not ideally rational, or giving truth values to counterfactuals with necessarily false antecedents. The addition of impossible worlds addresses these issues. The kinds (...) of impossible worlds capable of performing this task are not mysterious sui generis entities, but sets of structured propositions that are themselves constructed out of possible worlds and relations. I also respond to a worry that these impossible worlds are unable to represent claims about the shape of modal space itself. (shrink)

Counterpossibles are counterfactuals with necessarily false antecedents. The problem of counterpossibles is easiest to state within the "nearest possible world" framework for counterfactuals: on this approach, a counterfactual is true (roughly) when the consequent is true in the "nearest" possible world where the antecedent is true. Since counterpossibles have necessarily false antecedents, there is no possible world where the antecedent is true. On the approach favored by Lewis, Stalnaker, Williamson, and others, counterpossibles are all trivially true. I introduce several arguments (...) against the trivial approach. First, it is counter-intuitive to think that all counterpossibles are true. Second, if all counterpossibles were true, then we could not make sense of their use in logical, philosophical, or mathematical arguments. Making sense of the role of sentences like these requires that they not have vacuous truth conditions. The account of counterpossibles I ultimately favor is an extension of the "nearest possible world" semantics discussed above. The Lewis/Stalnaker account is supplemented with the addition of impossible worlds, and the nearness metric is extended to range over these impossible worlds as well as possible worlds. Thus, a counterfactual is true when its consequent is true in the nearest world where the antecedent is true; if the counterfactual's antecedent is impossible, then the nearest world in question will be an impossible world. Once the framework of impossible worlds and similarity is in place, we can put it to use in the analysis of other philosophical phenomena. I examine one proposal that makes use of a theory of counterpossibles to develop an analysis of the notion of metaphysical dependence. (shrink)

Introducing non-Darwinian mind as a nonaptation I argue that Darwinian mind evolved from non-Darwinian mind through the evolution of desire and aversion. The subject position within Darwinian mind is Darwinian self and is inherently selfish. However the cathexis whereby the subject prioritises motivations of desire and aversion is not an inherent property of mind. Instead it is proposed to be an adaptation, a predisposition to respond to pleasant/unpleasant sensations with desire/aversion. This explains why self-sacrifice and disengagement from desire/aversion are the (...) sine qua non of serious commitment to the spiritual path, i.e. Darwinian self and desire/aversion are two sides of the same coin and erosion of one is erosion of the other. Thus, through self- renunciation and suspension of desire/aversion the seeker passes from adaptive selfish Darwinian mind towards nonaptive selfless non-Darwinian mind. But Darwinian mind automatically resists this transcendence by intensifying motivations of desire/aversion thereby explaining the extreme difficulties of the spiritual path. A theoretical distinction is made between evolved Darwinian 'morality' , 'Darwinian' morality and amoral non-Darwinian kenosis . These distinctions make it easy to disentangle scientific and religious jurisdictions on morality with important implications for both religious ethics and science's view of spirituality. All in all, the nonaptive theory of spiritual mind offers a unified solution to age-old problems which have been uncomfortably shifting this way and that in the interstices between biology, psychology, theology and philosophy. (shrink)

We prove that the theory of all sentences in the language of rings which are true in for almost all is decidable. Here is the field of all algebraic numbers; is the ring of all algebraic integers; is the absolute Galois group of ; for each , is the fixed field of σ1,…,σe in ; and the clause ‘almost all’ is used in the sense of the Haar measure of.

At the beginning ofTristia2, a single long apologetic elegy, Ovid struggles with making sense of his continued occupation with poetry, despite the disaster it has brought upon him. In lines 7–8 he broods over Augustus’ displeasure, roused by theArs Amatoria, which led to his reproach. The passage is also sometimes adduced as a reference to the removal of theArsfrom Rome's public libraries.1.

This Article explores several meanings of a regulatory preference for government inaction. It explains the rise to dominance of this inaction preference in the United States and its distorting influence on the perception and understanding of regulation. Specifically, the Article demonstrates how basic terms in regulation, such as “government failure,” “regulatory capture,” and “deregulation,” acquired misleading connotations suggesting that government inaction is always superior to government action. The Article further explains how, through government inaction, the U.S. legal system accommodates rent (...) extraction - the profitable exploitation of market imperfections and favorable laws. Several developments in recent decades have considerably improved the capacity of very small groups in society to collect rents, namely, use talent and positional advantages to gain increasing levels of earnings. The Article argues that the parallel rise of the inaction preference has contributed to this trend, primarily because the availability of rent extraction opportunities draws talent that utilizes them with growing effectiveness. The purpose of the Article is to clarify several aspects of the relationships between regulation and rent extraction or, more precisely, to emphasize that government inaction may entail undesirable income effects. (shrink)

According to the tuning-for-criticality theory, the essential role of sleep is to protect the brain from super-critical behaviour. Here we argue that this protective role determines the content of dreams and any apparent relationship to the art of memory is secondary to this.

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

The growing trend of shifting from classroom to distance learning in ethics education programs raises the need to examine ways for adapting best instructional practices to online modes. To address this need, the current study was set to apply a social constructivist approach to an online course in research ethics and to examine its effect on the learning outcomes of science and engineering graduate students. The study applied a pre-test post-test quasi-experimental research design within a framework of a mixed-methods approach. (...) The study compared the learning outcomes of students who participated in a social constructivist online course with those who studied in a conventional online course. The data were collected via questionnaires and interviews. The findings indicated that both the conventional and the social constructivist online learners gained knowledge of facts and regulations. Yet, the social constructivist learners were more successful in demonstrating knowledge of practices that are used to establish research ethics, and in understanding the importance of conducting research in a responsible manner. The social constructivist online learners were also more successful in demonstrating awareness of ethical dilemmas, by identifying ethical dilemmas and providing solutions to ethical problems. (shrink)

The goal of the current study was to examine novice researchers’ views about online ethics education and to identify the instructional design components that may foster ethical practice. Applying the mixed methods approach, data were collected via a survey and semi-structured interviews among M.Sc. and Ph.D. students in science and engineering. The findings point to the need for rethinking the way conventional online ethics courses are developed and delivered; encouraging students to build confidence in learning from distance, engaging them in (...) online active and interactive experiences, and providing them with personalized support and adaptive guidance. The novice researchers identified the synergistic integration of collaborative, case-based, and contextual learning, as the instructional design components that may foster not only ethical knowledge but also ethical practice in a fully online course. (shrink)

This article explores an issue of some ongoing controversy in Ovidian scholarship: the identity of the anonymous person addressed in the epilogue of the “Tristia”’s third book. The exploration combines an analysis of the text with an examination of salient aspects of Hellenistic and Roman literary culture. These in turn inform a systematic prosopographical reassessment of four hypotheses. Evidence converges in the conclusion that the addressee was likely a high-level library administrator, most probably C. Iulius Hyginus.

Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants . Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types of actors should (...) not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcing—drawing upon historical, legal and moral perspectives—is necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history , morality , and law , to show that private warfare deserves a more nuanced and pragmatic treatment under international law. (shrink)

The main message of this volume is that the creative process of discovery is not a purely rational enterprise in the traditional sense which equates rationality with logical reasoning, yet it is a manifestation of a universal phenomenon ...

ABSTRACT Can Nietzsche's ideal of man, the overman, be conceived as an educational ideal in post-modern democratic societies? Should it be so conceived? This paper answers both questions positively. The affirmative answer to the first question is based on arguments aimed at overcoming two obvious difficulties: the Contradictions in Nietzsche's various references to his human ideal, and his blatant anti-democratic attitude. The affirmative answer to the second question builds on an analysis portraying Nietzsche's conception of man as one that allows (...) us, in a non-objectivist era, to accord a clear meaning to the term the “good life” and to educate in the light of this meaning. (shrink)

Aharon Appelfeld, one of the most important Israeli writers, reflects on the multiform nature of evil that those who experienced the Holocaust, as he did, had to face, and he discusses how this experience can be communicated, even in its sensuality, only through literature. Literature – differently form philosophy, historiography, and all other disciplines – “has the capacity to lead the atrocious experience back into the circle of life, to move it from the category of history to the category (...) of art, because only art has the power to get the suffering out of the abyss”. (shrink)

Aharon Appelfeld, one of the most important Israeli writers, reflects on the multiform nature of evil that those who experienced the Holocaust, as he did, had to face, and he discusses how this experience can be communicated, even in its sensuality, only through literature. Literature – differently form philosophy, historiography, and all other disciplines – “has the capacity to lead the atrocious experience back into the circle of life, to move it from the category of history to the category (...) of art, because only art has the power to get the suffering out of the abyss”. (shrink)

The need for better incorporation of the construct emotional intelligence (EI) into counterproductive work behavior (CWB) research may be achieved via a unified conceptual framework. Accordingly, the purpose of this paper is to use the Profile Analysis via Multidimensional Scaling (PAMS) approach, a conceptual framework that unifies motivational process with antecedents and outcomes, to assess differences in EI concerning a variety of constructs: organizational justice, CWB, emotional exhaustion, job satisfaction, and intrinsic motivation. Employing established scales within a framework unifying CWB, (...) intrinsic motivation, EI, organizational justice, and outcome constructs, two EI-based profiles displayed associations with CWB based on responses from 3,293 employees. Both the first core profile, high overall justice and low emotional intelligence, and the second core profile, high emotional intelligence and low work motivation, displayed associations with interpersonal deviance and organizational deviance, as well as emotional exhaustion and job satisfaction. The results are discussed with respect to possible underlying theory and an overarching unified motivation framework that incorporates goal choice, intrinsic motivation, antecedents, and outcomes. We also provide directions for future research and implications for managers in the workplace based on heuristic conceptual frameworks that combine multiple motivational perspectives into a unified model. (shrink)

Aharon Aviram; The Paradoxes of Education for Democracy, or the Tragic Dilemmas of the Modern Liberal Educator, Journal of Philosophy of Education, Volume 20, I.

[1] Ṭohorah, yiḥud, hanhagat ha-bayit --.

Aharon Aviram; The Subjection of Children, Journal of Philosophy of Education, Volume 24, Issue 2, 30 May 2006, Pages 213–234, https://doi.org/10.1111/j.1467-97.

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

Aharon Aviram; The Justification of Compulsory Education: the still neglected moral duty, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, P.

Fundamentismus und Skeptizismus-Anarchismus sind zwei entgegengesetzte Positionen in der traditionellen Erkenntnistheorie und in der modernen Wissenschaftstheorie. Zwischen ihnen gibt es einen dritten Standpunkt, den Evolutionismus. Beispiele sind zwei neuere Arbeiten von Putnam und Stegmüller . Im Gegensatz zum logisch-statischen Fundamentismus berücksichtigt der Evolutionismus auch dynamische und naturalistische Ansätze. Stegmüller folgend entlehnen wir in der vorliegenden Untersuchung aus der Sprachphilosophie pragmatische Gesichtspunkte, um die logische Syntax und Semantik, die Werkzeuge des Fundamentismus, zu ersetzen. Wir zeigen die Kraft der Pragmatik bei der (...) Behandlung von Problemen wie Erkenntniswachstum, Begriffswechsel, Theorien- und Bedeutungsdynamik, wissenschaftliche Entdeckung und besonders beim Problem der Inkommensurabilität. Unser nicht-fundamentistischer Vorschlag ist ein heuristisches Modell, das auf der modernen genetischen Theorie basiert. (shrink)