En la actualidad, y bajo los sistemas procesales penales inquisitivo, acusatorio y mixto, es indispensable la presencia del procesado y encausado al momento en que se le está juzgando, respetando de manera efectiva la garantía de la posibilidad, que sobre la base de la contradicción, el acusado pueda ejercer su derecho a la defensa. No obstante, la no comparecencia del encausado al juicio es un problema que se da con bastante frecuencia, agravándose en los casos donde quien es requerido por (...) la justicia donde se ha cometido el hecho sujeto de investigación judicial, se encuentra en un país sin tratado de extradición. Si bien algunos países, mayormente europeos, han legislado excepcionalmente en favor de los juicios en ausencia, siguen las controversias por su aplicación y efectiva garantía y materialización de la justicia. Este trabajo analiza el aporte del sistema jurídico judío, para el cual el deber presencial por parte del acusado constituye la base de su ley penal, pero donde la ausencia voluntaria o involuntaria del acusado confronta con el irrenunciable precepto bíblico de perseguir justicia. A través de la filosofía jurídica judía expuesta por sus máximos representantes y legistas, tales como Maimónides, Aharón haLevi de Barcelona, Yosef Karo, Moisés Isserles, Ioel Sirkis e Ieoshua Katz, se profundizará en los casos donde se problematice la relación entre la ausencia del encausado y la necesidad de hacer justicia. Concretamente, se examinarán las causas jurídicas y los motivos filosóficos por los cuales se da dicho deber presencial, sus excepciones, y los aportes del judaísmo para los casos donde el acusado de crímenes aberrantes, terroristas o de lesa humanidad, no comparecen ante los tribunales. (shrink)

Torat Ḥovot ha-levavot / ḥibro Baḥye ben Yosef ibn Paḳudah -- Lev Yiśraʼel / [me-et Aharon Yiśraʼel Ḳahan] -- Nefesh Avigdor / liḳuṭ mi-shiʻure Avigdor Miller.

ʻEdut be-Hosef -- Derekh ʻets ha-ḥayim -- Refuʼat ha-nefesh -- ha-Tapuaḥ.

kerekh 1. Ba-halakhah uve-agadah -- kerekh 2. [without special title].

In this paper, I try to decipher the role of internal symmetries in the ontological maze of particle physics. The relationship between internal symmetries and laws of nature is discussed within the framework of “Platonic realism.” The notion of physical “structure” is introduced as representing a deeper ontological layer behind the observable world. I argue that an internal symmetry is a structure encompassing laws of nature. The application of internal symmetry groups to particle physics came about in two revolutionary steps. (...) The first was the introduction of the internal symmetries of hadrons in the early 1960s. These global and approximate symmetries served as means of bypassing the dynamics. I argue that the realist could interpret these symmetries as ontologically prior to the hadrons. The second step was the gauge revolution in the 1970s, where symmetries became local and exact and were integrated with the dynamics. I argue that the symmetries of the second generation are fundamental in the following two respects: According to the so-called “gauge argument,” gauge symmetry dictates the existence of gauge bosons, which determine the nature of the forces. This view, which has been recently criticized by some philosophers, is widely accepted in particle physics at least as a heuristic principle. In view of grand unified theories, the new symmetries can be interpreted as ontologically prior to baryon matter. (shrink)

A new view of the functional role of the left anterior cortex in language use is proposed. The experimental record indicates that most human linguistic abilities are not localized in this region. In particular, most of syntax (long thought to be there) is not located in Broca's area and its vicinity (operculum, insula, and subjacent white matter). This cerebral region, implicated in Broca's aphasia, does have a role in syntactic processing, but a highly specific one: It is the neural home (...) to receptive mechanisms involved in the computation of the relation between transformationally moved phrasal constituents and their extraction sites (in line with the Trace-Deletion Hypothesis). It is also involved in the construction of higher parts of the syntactic tree in speech production. By contrast, basic combinatorial capacities necessary for language processing – for example, structure-building operations, lexical insertion – are not supported by the neural tissue of this cerebral region, nor is lexical or combinatorial semantics. The dense body of empirical evidence supporting this restrictive view comes mainly from several angles on lesion studies of syntax in agrammatic Broca's aphasia. Five empirical arguments are presented: experiments in sentence comprehension, cross-linguistic considerations (where aphasia findings from several language types are pooled and scrutinized comparatively), grammaticality and plausibility judgments, real-time processing of complex sentences, and rehabilitation. Also discussed are recent results from functional neuroimaging and from structured observations on speech production of Broca's aphasics. Syntactic abilities are nonetheless distinct from other cognitive skills and are represented entirely and exclusively in the left cerebral hemisphere. Although more widespread in the left hemisphere than previously thought, they are clearly distinct from other human combinatorial and intellectual abilities. The neurological record (based on functional imaging, split-brain and right-hemisphere-damaged patients, as well as patients suffering from a breakdown of mathematical skills) indicates that language is a distinct, modularly organized neurological entity. Combinatorial aspects of the language faculty reside in the human left cerebral hemisphere, but only the transformational component (or algorithms that implement it in use) is located in and around Broca's area. Key Words: agrammatism; aphasia; Broca's area; cerebral localization; dyscalculia; functional neuroanatomy; grammatical transformation; modularity; neuroimaging; syntax; trace deletion. (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)

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 ...

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 --.

As opposed to the computer, the human being can intentionally mislead in many different ways, can behave chaotically, and whenever he has the motivation can choose also by improvisation, non‐consequent misleading, and spontaneous manners of reasoning and articulation. Human perception and the elaboration of the experience are existentially interest‐related, and distorted if found necessary. The arbitrariness is unlimited; human beings can initiate and produce absurd combinations, contextual failures and deceptive expressions, and do so also by intonation and body‐language. These are (...) the sources of social behaviour, of literature, arts, jurisprudence, politics, etc., all representing systems of meaning constructed by human beings, present in their ‘Lebenswelt’. Human beings are flexible, sensible of emotions and well‐trained to code and decode hidden fallacies, to produce wild associations, capricious‐temporary conclusions, tasks that the rigid computer cannot fulfil. They can choose incorrect and dysfunctional answers; the exactness of their reasoning can be logically invalid. The computer has only inner horizons; human beings have also outer ones, in which they are able to produce multidimensional relationships. They are not truth‐conditioned.The reduction of organic human thinking to the computer’s mechanisms can end up in humankind’s dehumanisation. (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.

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)

According to structural realism, in mature science there is structural continuity along theoretical change. A major counterexample to this thesis is the transition from the Eightfold Way to the Standard Model in particle physics. Nevertheless, the notion of structure is significantly important in comprehending the theoretical picture of particle physics, where particles change and undergo transmutations, while the only thing which remains unchanged is the basic structure, i.e. the symmetry group which controls the transmutations. This kind of view agrees with (...) the paradigmatic case where the structure is an internal symmetry and the instantiations are the elementary particles. The metaphysical view which reflects this situation is a version of ontic structuralism. (shrink)

In this paper I shall offer new definitions for what seem to be the most dominant terms in Epicurus’ theory of pleasures - “kinetic” and “katastematic”. While most of the scholarly literature treats these terms as entirely concerned with states of motion and states of stability, I shall argue that the distinction concerns whether pain is or is not removed by this or that pleasure. As the removal of pain is a necessary condition for the Epicurean goal of ataraxia and (...) aponia, “katastematic” pleasure, having to do with the removal of pain, is the necessary pleasure pertaining both to the process of removing pain and to its result, namely the absence of pain, while “kinetic” pleasure is an unnecessary pleasure having nothing to do with the removal of pain, e.g. it starts after pain has been removed. If my analysis and interpretation prove correct, the two conventional classifications - “kinetic-katastematic” and “necessary-unnecessary” - turn out to be referring to the same phenomenon and are aspects of one classification. Moreover, this new interpretation resolves some of the main problems arising from our testimonia concerning “kinetic” and “katastematic” pleasures. (shrink)

In this paper a model is presented for the growth of knowledge in a dynamic scientific system. A system which is in some respects an idealization of a Lakatosian research program. The kinematics of the system is described in terms of two probabilistic variables, one of which is related to the evolution of its theoretical component and the other--to the growth of the empirical component. It is shown that when the empirical growth is faster than the theoretical growth the posterior (...) probability of the theoretical component increases. Thus, empirical progressiveness of a research program, as explicated in this model, is accompanied by an increase in the degree of confirmation. In such a case the system grows in a Popperian-like spirit, while learning from experience in a Bayesian manner. (shrink)

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.

Determining Risk Factors and Demographic Patterns of Suicide in Tehran Suicide refers to the death of a person that is primarily achieved by self-harm. Today, it is considered one of the major public health issues. One of the important risk factors associated with attempted suicide is social relations. This study is a descriptive and analytical study that aims to identify the suicide rate, the risk factors in suicide, and the methods of suicide. The findings show that there is a significant (...) relationship between suicide and demographic variables that include age, sex, educational level, adherence to religion, and occupation. This research also shows the psychological factors that lead to suicide include depression, addiction, lack of social activities, and mental disorders caused by chronic disease. (shrink)