Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is property-dependent, there is a difference (...) between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)

ABSTRACT This paper is concerned with the question of whether an individual has a moral obligation to sign a protest petition which has been initiated on moral grounds. It is argued that there is such an obligation when the petition represents a viewpoint with which one broadly agrees. This is a general dury which may lapse with changed circumstances or which may be redeemed by some alternative action. It is argued that the duty to initiate a protest petition is, on (...) the other hand, supererogatory as far as an individual is concerned, but may be a duty for a community or group. Finally it is argued that protest petitions are essentially protests, not against evil deeds as such, but against evil deeds done in one's own name, and are therefore a vital aspect of democracy. (shrink)

Isaiah Berlin: A Celebration gathers tributes, reflections, and commentaries on the great thinker and his philosophy, politics, and life-including contributions from Michael Ignatieff, Leon Wieseltier, Ronald Dworkin, Stephen Spender, and many others. "Some [essays], like Joseph Brodsky's tribute, are touchingly personal. Others, like G. A. Cohen's 'Isaiah's Marx, and Mine,' mingle personal reminiscences with a more theoretical look at Berlin's ideas. . . . The volume is a fitting tribute to a thinker famed for his erudition, eclecticism, and clarity of (...) style."--Merle Rubin, The Christian Science Monitor "One of the many merits of this rich and rewarding collection is the sense-very imperfectly conveyed here-it transmits of the tone of Berlin's writings and conversation, of the multiplicity of his interests and the variety of his achievements. . . . The essays testify to the character of Berlin's mind as a luminous prism, in which the cultural traditions of Russia, England and Judaism are marvelously refracted."--John Gray, Times Literary Supplement "[T]he collection testifies to the learning and profundity of Berlin's thought and, by way both of reminiscence and influence, to the charm and gaity of its expression."--Anthony Quinton, The Times of London. (shrink)

In a book that asks, 'Is there an ethics of memory?' Avishai Margalit addresses a separate, perhaps more pressing, set of concerns.

When is political compromise acceptable--and when is it fundamentally rotten, something we should never accept, come what may? What if a rotten compromise is politically necessary? Compromise is a great political virtue, especially for the sake of peace. But, as Avishai Margalit argues, there are moral limits to acceptable compromise even for peace. But just what are those limits? At what point does peace secured with compromise become unjust? Focusing attention on vitally important questions that have received surprisingly little (...) attention, Margalit argues that we should be concerned not only with what makes a just war, but also with what kind of compromise allows for a just peace. Examining a wide range of examples, including the Munich Agreement, the Yalta Conference, and Arab-Israeli peace negotiations, Margalit provides a searching examination of the nature of political compromise in its various forms. Combining philosophy, politics, and history, and written in a vivid and accessible style, On Compromise and Rotten Compromises is full of surprising new insights about war, peace, justice, and sectarianism. (shrink)

Since being brought to light in 1853 by Adalbert Kuhn, the fact that the Homeric expressionκλέος ἄφθιτονhas an exact parallel in the Veda has played an extremely important role in formulating the hypothesis that Greek epic poetry is of Indo-European origin. Yet only with Milman Parry's analysis of the formulaic character of Homeric composition did it become possible to test the antiquity ofκλέος ἄφθιτονon the internal grounds of Homeric diction.It is generally agreed that the conservative character of oral composition entails (...) a high degree of correlation between the antiquity of a Homeric expression and its formulaic character. In other words, although not all Homeric formulae are necessarily of ancient origin, it is nevertheless in the formulaic stock of the epic diction that archaic and backward-looking expressions should be sought. Consequently, demonstration thatκλέος ἄφθιτον is a Homeric formula would constitute valuable evidence for its origin in Indo-European heroic poetry. Strangely enough, however, as Parry's analysis won the recognition of scholars,κλέος ἄφθιτονwas identified as a Homeric formula simply because of its agreement with the Vedicśráva ákṣitam. Yet examination ofκλέος ἄφθιτονfrom the internal standpoint of the Greek epic casts serious doubts on the formulaic and traditional character of this Homeric expression. (shrink)

Since being brought to light in 1853 by Adalbert Kuhn, the fact that the Homeric expression κλέος φθιτον has an exact parallel in the Veda has played an extremely important role in formulating the hypothesis that Greek epic poetry is of Indo-European origin. Yet only with Milman Parry's analysis of the formulaic character of Homeric composition did it become possible to test the antiquity of κλέος φθιτον on the internal grounds of Homeric diction. It is generally agreed that the conservative (...) character of oral composition entails a high degree of correlation between the antiquity of a Homeric expression and its formulaic character. In other words, although not all Homeric formulae are necessarily of ancient origin, it is nevertheless in the formulaic stock of the epic diction that archaic and backward-looking expressions should be sought. Consequently, demonstration that κλέος φθιτον is a Homeric formula would constitute valuable evidence for its origin in Indo-European heroic poetry. Strangely enough, however, as Parry's analysis won the recognition of scholars, κλέος φθιτον was identified as a Homeric formula simply because of its agreement with the Vedic śráva ákitam. Yet examination of κλέος φθιτον from the internal standpoint of the Greek epic casts serious doubts on the formulaic and traditional character of this Homeric expression. (shrink)

Looking at the Essene connection, the archaeology of Qumran, and the sectarian nature of the scrolls community, this work explores the different arenas, and ways, in which contesting theories of the scrolls do battle. In this context, it finds examples that exercise philosophers of science as well as the general public.

What makes a choice difficult, beyond being complex or difficult to calculate? Characterizing difficult choices as posing a special challenge to the agent, and as typically involving consequences of significant moment as well as clashes of values, the article proceeds to compare the way difficult choices are handled by rational choice theory and by the theory that preceded it, Kurt Lewin's "conflict theory." The argument is put forward that within rational choice theory no choice is in principle difficult: if the (...) object is to maximize some value, the difficulty can be at most computational. Several prototypes of choices that challenge this argument are surveyed and discussed ; special attention is given to difficult choices faced by doctors and layers. The last section discusses a number of devices people employ in their attempt to cope with difficult choices: escape, "reduction" to non-difficult choices, and second-order strategies. (shrink)

Much effort has been invested by scholars in defining the specific character of the Homeric values as against those that obtained at later periods of Greek history. The distinction between the ‘shame-culture’ and the ‘guilt-culture’ introduced by E. R. Dodds, and that between the ‘competitive’ and the ‘cooperative’ values advocated by A. W. H. Adkins, are among the more influential ones. Although Adkins's taxonomy encountered some acute criticism, notably from A. A. Long, it has become generally adopted both in the (...) scholarly literature and in general philosophical discussions of Greek ethics. Objections to Adkins's approach have mainly concentrated on demonstrating that his denial of the cooperative values to Homer is untenable on general grounds and is not supported by Homeric evidence. Characteristically, Adkins's thesis concerning the centrality to Homer's ethics of the so-called ‘competitive values‘ has never received similar attention, probably owing to the fact that this is the point at which his picture of the Homeric society concurs with the influential reconstructions by W Jaeger and M. I. Finley. The present study oftimēandaretē, generally held to be the two competitive values central to the Homeric poems, purports to address this issue. (shrink)

Given a descriptive word, what is the nature of the relation between it and the features of the object to which it is supposed to apply? What is it that entitles one to assert ‘this is a horse’?A traditional answer has been in terms of ‘Merkmal’: a collection of features, or properties, severally necessary and Jointly sufficient for the application of the word in question. This relation - call it the Merkmal relation - between word and features is common to (...) a variety of theories of meaning that may otherwise be in disagreement about the status of the features themselves in their relation to the object: whether they be actual or believed, perceptual or ‘essential,’ phenomenal or ‘real,’ etc. (shrink)

The list of Helen's suitors in the Catalogue of Women, a late epic poem attributed to Hesiod, is directly related to the Catalogue of Ships in Iliad 2, in that it is in fact a list of future participants in the Trojan war. That the two catalogues treat the same traditional material is demonstrated above all by their agreement on minor personages: not only the protagonists of the Trojan saga, but also such obscure figures as Podarces of Phylace, Elephenor of (...) Euboea, Thoas of Aetolia, or Menestheus of Athens feature in both Homer and Hesiod, and are characterized by basically the same traditional expressions. But, though the Hesiodic catalogue is sometimes used as evidence that a given Homeric personage belongs to the authentic tradition,3 it seems that the exegetic potential of this poem has not yet been exploited in full. As I hope to show, the Catalogue of Women throws light on one of the most controversial issues in Homeric scholarship, that of the representation of Athens and Salamis in the Catalogue of Ships. (shrink)

Plato’s Symposium has no less than three dramatic dates: its narrative frame is placed in 401 BCE; Agathon’s dinner party is envisaged as having occurred in 416; finally, Plato makes Socrates meet Diotima in 440 BCE. I will argue that the multi-level chronology of the Symposium should be approached along the lines of Socrates’ intellectual history as placed against the background of Greek ideas of age classes. As a result, the Symposiumfunctions as a retrospective of Socrates’ life, which uses the (...) traditional concept of ages of man to create a paradigm of philosophical life. (shrink)

Reasoning Practically deals with a classical philosophical topic, the link between thought and action--how we think about what we do or ought to do, and how we move from thinking to doing. The essays by such renowned contributors as Donald Davidson, Barry Stroud, Cass R. Sunstein, Seyla Benhabib, and Gerald Dworkin, cover a range of issues raised when we link reason and practice. This collection connects state-of-the-art philosophical work with concrete issues in social life and political practice, making it of (...) interest not only to philosophers, but to political theorists, legal scholars, and any researcher interested in the practical application of reason. (shrink)

The volume before us is the fourth in the series of proceedings of what used to be the Israel Colloquium for the History, Philosophy and Sociology of Science. This Colloquium has in the meantime been renamed. It now bears the name of Yehoshua Bar-Hillel (1915-1975). Bar-Hillel was an eminent philosopher of science, language, and cognition, as well as a fearless fighter for enlightenment and a passionate teacher who had a durable influence on Israeli philosophical life. The essays collected in this (...) volume have of course this much in common, that they are all in, of, and pertaining to science. They also share the property of having all been delivered before live, and often lively, audiences in Jerusalem and in Tel Aviv, in the years 1984-1986. As is customary in the volumes of this series, the essays and commentaries presented here are intended to strike a rather special balance between the disciplines to which the Colloquium is dedicated. The historical and sociological vantage point is addressed in Kramnick's and Mali's treatment of Priestley, in Vickers' and Feldhay's studies of the Renaissance occult, and in Warnke's and Barasch's work on the imagination. From a philosophical angle several concepts, all material to the methodology of science, are taken up: rule following, by Smart and Margalit; analysis, by Ackerman; explanation, by Taylor; and the role of mathematics in physics, by Levy-Leblond and Pitowsky. (shrink)

In this paper I take up the notion of family fairness and contrast it with justice. In particular I take issue with Susan Okin's notion of the just family and develop, instead, the notion of the not-unjust fair family. Driving a wedge between justice and fairness, I propose that family fairness is partial and sympathetic rather than impartial and empathic, and that it is particular and internal rather than universalizable. Furthermore, I claim that family fairness is based on ongoing comparisons (...) of preferences among family members. I finally characterize the good family as a not-unjust family that is considerate and fair. (shrink)

The Israel Colloquium for the History, Philosophy and Sociology of Science presents before you its third volume of proceedings. The philosophy section of the volume has three main foci: the scientific explanation (Hempel and Ben-Menachem, Elster and Dascal); realism in science (Cohen and Zemach) and its implications for the problem of universals (Armstrong and Bar-Elli); and the question of demarcation: the dividing line between science and philosophy (KrUger), as well as the cognitive limits of science (Stent). There is no neat (...) separation in this volume between essays on the history of science and those on the sociology of science, and perhaps properly so. Thus, Lenoir's contribution is a clear example of the way the two disciplines combine and interrelate. Joseph Ben-David's comment on this lecture was among the last things he wrote, knowing full well that his days were numbered. Reading his contribution imparts a strong sense of loss, the loss of a great sociologist and a wise man. Not only history, however, but also historiography is a subject for reflection in this volume (Freudenthal and Kerszberg). And, finally, a couple of articles convey the sense of fascination with science as a story (Heilbron, Hughes). We have by now come to expect from the investigations reported in the Israel Colloquium series not surface unity of theme and method, but rather an underlying common commitment and zest for the scientific enterprise at its best. The third volume hopes to join the first two in footing this bill. (shrink)

This collection is the first proceedings volume of the lectures delivered within the framework of the Israel Colloquium for the History, Philosophy and Sociology of Science, in its year of inauguration 1981-82. It thus marks the beginning of a new venture. Rather than attempting to express an ideology of the l}nity of science, this collection in fact aims at presenting a kaleidoscopic picture of the variety of views about science and within science. Three main disciplines come together in this volume. (...) The first of scientists, the second of historians and sociologists of science, the third of philosophers interested in science. The scientists try to present the scientific body of knowledge in areas where the scientific adventure kindles the imagination of the culture of our time. At the same of course, they register their own reflections on the nature of this body time, of knowledge and on its likely course of future development. For the historians and sociologists, in contrast, science is there to be studied diachronically, as a process, on the one hand, and synchronically, as a social institution, on the other. As for the phil9sophers, finally, their contribution to this series is not meant to remain within the confines of what is usually seen as the philosophy of science proper, or to be limited to the analysis of the scientific mode of reasoning and thinking: it is allowed, indeed encouraged, to encompass alter native, and on occasion even competing, modes of thought. (shrink)

This is the second volume of Proceedings of the Israel Colloquium for the History, Philosophy and Sociology of Science. At the time that this preface is being written, the fourth annual series of lectures within the framework of the Israel Colloquium is already behind us and the fifth is underway. The Israel Colloquium thus has now not only a future to look forward to but also a past which is a source, of pride and pleasure for those who take part (...) in this venture. The Israel Colloquium has, I believe, struck roots in the Israeli scientific and intellectual life, while drawing on the ever-increasing readiness of the international scientific and intellectual community for continuous support. As in the first volume, here too the papers presented, taken together, attempt a threefold representation of science and of the scientific activity: the historical, the social, and the systematic. A novel focal point in this volume is the treatment of some case studies illuminating historical, social, and philosophical aspects of medicine. Another center of gravity here is the Eddington Centennial Symposium which was a main event in the ColloƯ quium activity of the 1982-83 series. This is a fitting place for me to report with sorrow the untimely death in the summer of 1984 of Solly G. Cohen, one of Israel's leading scientists, who is among the contributors to this volume. (shrink)

The BiDil affair brought once again to the fore questions of race and medicine. As discussed in other essays in this collection, the emergence of BiDil as the first medication approved and marketed for treating specific racial groups raises important questions for medicine and society: How are race and ethnicity framing our understanding of health and illness? Should treatment decisions be based on the race and ethnicity of patients? Should we encourage the development of race-specific medical treatments in order to (...) reduce health disparities? Or is this approach dangerous, and can it lead to unwanted consequences including racial stigmatization? These questions are not new, and since the introduction of race as a scientific construct in the late-19th century, race has played an important part in the history of medicine, most notoriously during World War II and the Holocaust. Yet the identification of race medicine with Nazi science tends to obscure the vast use of race as a medical construct by a wide range of medical scientists and practitioners across the political spectrum. In many instances, racial minorities were preoccupied with race medicine in order to promote the health of their own communities. One such group was that of Jewish physicians. (shrink)

We propose that in addition to children's requests for word names being a reflection of an understanding of the referential nature of words, they may also be requests for adult's teaching. These possible requests for teaching among toddlers, along with other indications, suggest that teaching may be a natural cognition that may be related to the development of theory of mind.

This is a selection of the most important work of Edna Ullmann-Margalit, an unorthodox and deeply original philosopher whose work illuminated the largest mysteries of human life. It centres on two questions: How do people proceed when they cannot act on the basis of reasons, or project likely consequences? How is social order possible?

The article offers a new reading of the home ownership-mortgage relationship in Israel. It points at the duality characterizing Israeli law regarding home ownership and its protection. While home ownership is a cherished social value, there is a reluctance to provide it with sufficient protection. The significant implications of repossession in the personal, social, and economic realms call for new thinking concerning the assurance of sustainable housing. Current protection laws focus mostly on ex post solutions, aimed at alleviating the plight (...) of the defaulting mortgagor. The article emphasizes the need for ex ante policies, introducing innovative mechanisms in home purchasing. (shrink)

The fans of a football club constitute a community. This community of fans is a constitutive attribute of the club. It is part of the meaning of the football club as a resource. However, besides the cases of football clubs that are organized as members’ associations, the fans rarely have a meaningful say in the running of the club. As the history of modern football proves, the interests of the fans in the club and in the continuance of their community (...) often come under threat. Introducing the concept of "property as belonging," this Article aims at explaining why the interests of the community of fans merit protection through the recognition of the fans’ property interest in the club. The Article analyzes various existing ways of ensuring fans a formal voice in their club, and suggests a new structure of governance of football clubs, one that conceptualizes the fans as the social or moral owners of the club and accords them special decision-making power regarding those incidents that bear a high level of risk to their community. Along with members’-association clubs, this new property institution of the football club will adhere to the idea promoted in this Article, according to which the fans belong to the club and to their community, and the club, al least in part, belongs to them. (shrink)

In this article, I will explore an idea of authority as depicted by a religious picture (note the indefinite article). It is a picture, not the picture. It is the picture of God as the supreme decision maker without him being a deliberator. I shall call it the decisionist picture of God. His authority is based on his absolute will unhindered by any laws and rules and in particular by any laws of morality. One may call the decisionist picture of (...) God a fascist picture of God. This is perhaps abusive but not inaccurate. 'That there must be', in the language of the 18th century Blackstone, 'a supreme, irresistible, absolute, and uncontrolled authority, in which the … right of sovereignty resides', is the idea and ideal that I am interested in. Pompously put, it is the genealogy of authority that I am interested in. (shrink)

In this article, I will explore an idea of authority as depicted by a religious picture. It is a picture, not the picture. It is the picture of God as the supreme decision maker without him being a deliberator. I shall call it the decisionist picture of God. His authority is based on his absolute will unhindered by any laws and rules and in particular by any laws of morality. One may call the decisionist picture of God a fascist picture (...) of God. This is perhaps abusive but not inaccurate. 'That there must be', in the language of the 18th century Blackstone, 'a supreme, irresistible, absolute, and uncontrolled authority, in which the … right of sovereignty resides', is the idea and ideal that I am interested in. Pompously put, it is the genealogy of authority that I am interested in. (shrink)

‘The Russian Revolution and the National Socialist ascendancy in Germany are the two most important sources of evidence of moral philosophy in our time, as the French Revolution was for Hegel and Marx, and later to Tocqueville and for Mill. Although both revolutions produced, both in intention and in effect, a triumph on a gigantic scale, there are often remarked differences between the evil effects planned and achieved.’ This is an observation made by Stuart Hampshire, a keen philosophical connoisseur of (...) the 20th century. (shrink)

Abstract: Social justice concerns us on two counts: One, what is social justice? Two, given that we know the answer to one, then the question is: how can social justice be implemented? Answering the first question requires hitting the right balance between two values: liberty and equality. My concern here, however, is with the second question, the question of implementation rather than with what social justice consists of. I assume that the right balance between liberty and equality is somehow a (...) given. To implement the structural changes that a just society requires calls for a historical agent that can bring about such changes. The working class was a good candidate to be such a historical agent. The working class was suitable for this historical task because it was the class that had the most to gain from a just society and it was a very large class of people. The working class was singled out for this task not for being a particularly virtuous class but by being the class that had the most to gain from a change in the status quo. But the working class is rapidly disappearing; in the developed countries, it has shrunk considerably. Thus, the implementation of social justice is now left without an effective historical agent to carry it through. (shrink)

이 글의 목적은 현대 이스라엘의 철학자 아비샤이 마갈릿(1939-)의 1996년작『품위 있는 사회』에 전개된, 독특하고 도전적인 사회사상의 의의와 한계를 규명하는 것이다. ‘품위 있는 사회’의 기획인 이 사상이 바람직한 사회의 여느 이념형과 다르게 다소간 비상한 주목을 끄는 이유는 그것이 다른 유력한 사회 질서 모델인 ‘정의로운 사회(just society)’ 및 ‘문명화된 사회(civilized society)’와의 입체적인 비교를 통해 ‘품위 있는 사회(decent society)’의 규범적인 중요성과 우선성을 부각하기 때문이다. 논자는 이 세 가지 사회 유형을 구별하는 마갈릿의 논변이 존 롤스가 선도한 평등주의적 정의관에 필수적인 ‘인간 존엄’의 이념을 일깨우는 중요한 발견적 (...) 기능을 수행함을 밝혀낼 것이다. 그러나 동시에 그것은 ‘인간 존엄’을 구현하기 위한 사회 제도의 과감한 기획을 막아서는 보수주의적 장애물로 작용할 수 있음도 드러낼 것이다. ‘품위 있는 사회’론의 그러한 규범적 양가성을 매개로 논자는 그것이 롤스 이래로 활발히 논의되어 온 평등주의적 정의관의 (‘대체재’가 아니라) ‘보완재’로 적절히 자리매김할 수 있는 가능성을 타진할 것이다. (shrink)

In this article, I compare recent literature on theology of institutions with the ethics of philosopher Avishai Margalit. This article has two tasks. First, it shows that Margalit's understanding of a decent society provides helpful categories for moral and political theology. The second task, by putting theology and Margalit in dialogue, and focusing on the topic of labor and economic institutions, highlights where moral and political theology exposes potential weaknesses within Margalit's thought. Though his account of (...) humiliation and the ‘decent society’ draws upon a rich theological and philosophical tradition, his rejection of a doctrine of creation weakens his claims. (shrink)