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.

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)

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)

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)

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.

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)

Caplan & Waters propose a dedicated linguistic working memory to handle “interpretive” language comprehension, but there are data suggesting that more general working memory capacity can predict syntactic comprehension difficulty, and their claims depend on the existence of a principled distinction between “interpretive” and “post-interpretive” processes, which seems unlikely. Other conceptions of the source of individual differences also deserve consideration, as more flexible explanations of the phenomena.

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)

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)

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)

Cities are traditionally characterized as a sub-unit of the state that functions as a socioeconomic node. However, global trends in recent decades indicate that cities are gradually acquiring a semi-independent political role, challenging and contesting the nation state`s authority. Into the twenty-first century, cities` actions in global politics (e.g., supranational city-based networks) and within the state (e.g., sanctuary cities) indicate that they aspire to attain or even directly claim more political autonomy. However, achieving these localist goals sometimes warrants regional cooperation (...) with neighboring municipal jurisdictions, thereby engendering ad-hoc and bottom-up regionalisms. Addressing this phenomenon theoretically, this Article analyzes three empirically and conceptually distinct types of the localist-regionalist nexus, demonstrating different rationales: (1) regional cooperation supporting localist innovation independent of state intervention; (2) regional cooperation supporting localist contestation of state policies; and (3) regional solidarity in the face of national tensions. Based on recent examples from Israel, it analyzes these three types along with their political and normative implications. Despite various discrepancies and possible tensions between localism and regionalism, the main conclusion emerging from this Article is that these two principles are not mutually exclusive. Moreover, although there are legal, institutional, political, and ideological tensions between them, the analysis suggests a third way between localism or regionalism. Likewise, some types of regionalization may act as a mechanism or tactic to support and deepen localist agendas. (shrink)

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 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.

Seeking to unlock the secrets of consciousness, neuroscientists have been studying neural correlates of sensory awareness, such as meaningless randomly moving dots. But in the natural world of species' survival, “raw feelings” mediate conscious adaptive responses. Merker connects the brainstem with vigilance, orientating, and emotional consciousness. However, depending on the brain's phylogenetic level, raw feeling takes particular forms. (Published Online May 1 2007).

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)

The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation of government funds. (...) Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development of formerly agricultural lands. (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)

_ Source: _Volume 24, Issue 2, pp 300 - 317 This article examines R. Zvi Yehudah Kook’s reading of two earlier thinkers who were influential in the formulation of his thought—the Maharal of Prague and R. Avraham Azulai. I argue that his creative and unique reading of these texts exemplifies a fascinating dialogue he held with earlier sources, which he interpreted and infused with his own theological postulates. Here I explore his theory of the unique nature of the Jewish soul, (...) in both its collective and individual manifestations. The connection between R. Zvi Yehudah’s approach to interpreting earlier Jewish theological texts and that of his father, R. Avraham Itzhak HaCohen Kook, will also be discussed. (shrink)

Imprisonment calls into question the institutionalized violence of the state and its organs. It touches on the very core of the meaning of state sovereignty and concerns one of the most disempowered groups of society: indicted criminals. Therefore, privatization of prisons signals the willingness to apply privatization policies almost with no limitations. Private prisons have become a known phenomenon in many countries. After the debate on this issue seemed to lose its pragmatic value—in contrast to its importance on the theoretical (...) level—privatization of prisons reemerged as an issue of legal debate due to the Israeli Supreme Court decision that declared a law authorizing the establishment of a private prison unconstitutional. The following analysis evaluates this decision using it as a microcosm for studying the role of law in regulating privatization policies. The Article starts by studying the full range of privatization policies, in order to offer an analysis that would be relevant also to other cases along the privatization spectrum. It then challenges the traditional premise of public law that the move to privatization is merely a matter of policy and not of law. More concretely, the Article offers an analysis based upon distinguishing among three distinct spheres of discussion: the boundaries of privatization, the privatization process, and the regulation of privatized actions. This model of analysis is then applied to the case-study of prison privatization as decided by the Israeli Supreme Court. (shrink)

This article analyses and interprets the works of Friedensreich Hundertwasser (1928-2000) as a source of inspiration for environmental ethics and offers an extended model of the Ecological Self based on an interpretation of his works. Hundertwasser was a prominent Jewish-Austrian artist and environmental activist, yet despite his commitment to environmental issues, he has not received the attention he deserves from the environmental ethics community. His works and writings suggest a critique and reformulation of the well-known concept of the Ecological Self. (...) This concept implies that humans are essentially embedded in the natural world - that the Self is porous and open rather than disengaged and atomistic. This article suggests an alternative, holistic and extended version of this concept. It assesses and incorporates additional layers found between humans and nature - clothing, architecture, urban environments, and social and political environments. (shrink)

As children gradually master grammatical rules, they often go through a period of producing form‐meaning associations that were not observed in the input. For example, 2‐ to 3‐year‐old English‐learning children use the bare form of verbs in settings that require obligatory past tense meaning while already starting to produce the grammatical –ed inflection. While many studies have focused on overgeneralization errors, fewer studies have attempted to explain the root of this earlier stage of rule acquisition. In this work, we use (...) computational modeling to replicate children's production behavior prior to the generalization of past tense production in English. We illustrate how seemingly erroneous productions emerge in a model, without being licensed in the grammar and despite the model aiming at conforming to grammatical forms. Our results show that bare form productions stem from a tension between two factors: (1) trying to produce a less frequent meaning (the past tense) and (2) being unable to restrict the production of frequent forms (the bare form) as learning progresses. Like children, our model goes through a stage of bare form production and then converges on adult‐like production of the regular past tense, showing that these different stages can be accounted for through a single learning mechanism. (shrink)

This article takes a close look at a rhetoric strategy, often used in an attempt to preserve an appearance of neutrality in conflicts over rights. This strategy rests on the concept of symmetry, and in particular concerns symmetry between so-called 'positive rights' (described as the right to obtain or have an object, to engage in an activity, or to enjoy a desired state of affairs) and 'negative rights' (the right not to have this object, not to engage in this activity, (...) or to prevent this state of affairs). When a positive and a negative right protect contradictory options, this strategy conveys that they are of equal standing. The article cautions against the risks entailed by this inference. The deceptive nature of symmetry is first examined in the context of procreation rights and subsequently in other contexts, including conflicts concerning freedom of expression, active euthanasia, and abortion. Our conclusion is that the explicit or implicit recourse to the argument from symmetry is a recurrent feature of rights discourse, deserving attention and cautious handling. (shrink)

One Health, as an international movement and as a research methodology, aspires to cross boundaries between disciplines. However, One Health has also been viewed as “reductionist” due to its overemphasize on physicians-veterinarians cooperation and surveillance capacity enhancement, while limiting the involvement with socio-political preconditioning factors that shape the impact of diseases, and the ethical questions that eventually structure interventions. The current article draws on a qualitative study of Brucellosis control in Israel, to address the benefits of broadening the One Health (...) perspective to include ethical considerations and the socio-political aspects of health. Using in-depth-interviews, observations and document review, the article analyzes stakeholders’ knowledge (policy makers, practitioners and livestock owners) to understand Brucellosis control interventions in the Negev region of Israel. The analysis highlights four different types of boundaries: geographical, professional, disciplinary and participatory. The variety of boundaries going beyond disciplinary ones, are often neglected by traditional One Health discourses, however they provide clearer understanding regarding the role of the Israel and Palestine relations; enforcement activities and trust creation; and mechanisms of decision-making and public participation, in Brucellosis interventions. A broad One Health analysis that addresses ethical concerns and socio-political environments, as well as human and veterinary medicine, encourages re-framing of causes and solutions when dealing particularly with Brucellosis in the Negev, but more generally with zoonotic diseases, low-trust settings and inequitable distribution of power. The inclusion of historical, political and bioethical considerations of Public Health in One Health creates opportunities to increase the relevance of One Health and expand its scope as a novel scientific paradigm. (shrink)

The relation between testosterone levels and aggressive behavior is well established. From an evolutionary viewpoint, testosterone can explain at least part of the sex differences found in aggressive behavior. This explanation, however, is mediated by factors such as prenatal testosterone levels and basal levels of cortisol. Especially regarding sex differences in aggression during adolescence, these mediators have great influence. Based on developmental brain structure research we argue that sex differences in aggression have a pre-pubertal origin and are maintained during adolescence. (...) Evidence of prenatal, adolescent, and adult levels of testosterone in relation to aggression taken together, support Archer's argument for sexual selection as the driver of sex differences in aggression. (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)

The aim of this research is to analyze the political discourse and the language they used in public addresses provided by two former presidents of the United States, specifically, President Barak Obama and President Donald Trump. This research reflects on the material that has been collected for several months which aimed to contribute on the analysis of the corpus, distinctions and similarities, as well as their attitudes towards the public opinion. The objectives of this study are mainly empirical and (...) theoretical. Considering the empirical objectives, this study seeks to explore, identify and categorize the most used words in a political speech according to the categories, form, function and meaning, whereas, the theoretical objectives of this study are to provide a description of the language that is used in major events from well-known politicians when aiming to capture people’s attention. Their rhetorical habits were examined, in every delivery of Mr. Obama’s political speech; his speeches were carefully and well-articulated throughout his 8 year political service in the oval office, portraying him as a kind person. On the other hand, Mr. Trump’s, as a non-politician, more as a businessman, political speeches throughout his campaign and 4 years in the office were very often seen as aggressive, unforeseen, and nonetheless straight to the point. This study covers the linguistic level analysis as well as semantic and pragmatic levels. Initially, the selected corpora were analyzed using the Ant Conc software regarding frequency of usage and then move into detailed analysis. (shrink)

Barak's plan was not given in detail, but the outlines are familiar: they conform to the "final status map" presented by the US-Israel as the basis for the Camp David negotiations that collapsed in July. This plan, extending US-Israeli rejectionist proposals of earlier years, called for cantonisation of the territories that Israel had conquered in 1967, with mechanisms to ensure that usable land and resources remain largely in Israeli hands while the population is administered by a corrupt and brutal (...) Palestinian Authority, playing the role traditionally assigned to indigenous collaborators under the several varieties of imperial rule: the Black leadership of South Africa's Bantustans, to mention only the most obvious analogue. In the West Bank, a northern canton is to include Nablus and other Palestinian cities, a central canton is based in Ramallah, and a southern canton in Bethlehem; Jericho is to remain isolated. Palestinians would be effectively cut off from Jerusalem, the centre of Palestinian life. Similar arrangements are likely in Gaza, with Israel keeping the southern coastal region and a small settlement at Netzarim, which is hardly more than an excuse for a large military presence and roads splitting the Strip below Gaza City. (shrink)

A series of essays on the evolution of culture, dealing with topics including the city and consciousness, evolution of the afterlife, literary and mathematical archetypes, machine consciousness and the implications of 9/11, and the invasion of Iraq. The enlarged new edition contains extra essays and brings the author's comments on current affairs up to date with coverage of the election of Barak Obama as US President.

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

Both notional and grammatical number affect agreement during language production. To explore their workings, we investigated how semantic integration, a type of conceptual relatedness, produces variations in agreement (Solomon & Pearlmutter, 2004). These agreement variations are open to competing notional and lexical-grammatical number accounts. The notional hypothesis is that changes in number agreement reflect differences in referential coherence: More coherence yields more singularity. The lexical-grammatical hypothesis is that changes in agreement arise from competition between nouns differing in grammatical number: (...) More competition yields more plurality. These hypotheses make opposing predictions about semantic integration. On the notional hypothesis, semantic integration promotes singular agreement. On the lexical-grammatical hypothesis, semantic integration promotes plural agreement. We tested these hypotheses with agreement elicitation tasks in two experiments. Both experiments supported the notional hypothesis, with semantic integration creating faster and more frequent singular agreement. This implies that referential coherence mediates the effect of semantic integration on number agreement. (shrink)

Civic Jazz asks us to expand our understanding of what it means to say that jazz is an American art form. While Clark is clearly a fan, with an intimate knowledge of jazz, its culture, and community, this book offers more than anecdote and description, which is so common in jazz studies. Rather, this well-crafted book extends and offers a theoretical basis to the idea, put forward by Wynton Marsalis, Albert Murray, Ralph Ellison, and most recently Barak Obama when (...) speaking at the 2016 International Jazz Day Concert, that jazz expresses the American spirit. Clark finds his theoretical armature in Kenneth Burke’s blurring of the boundary between rhetoric and poetic. As Clark argues, Burke’s works articulate a... (shrink)

Aristotle Middle Commentary on the Topics, comparing them, where necessary, to the testimonies collected by Boethius in his De topicis differentiis. In addition we show that the Themistian classification of loci was taken up by Abt al-Badb al-mub al-mu al-Barak thus reveals himself to be closer than Averroes to the testimony of Boethius. This suggests the idea of a double redaction by Themistius of the classification of loci: one, more concentrated, comes from an introduction to the paraphrase of the (...) central books of the Topics, which may have inspired Averroes; the other, more extensive, which will have been part of an original work, and inspired the classifications of Boethius and of Abt al-Badī. (shrink)

What do we do with Judges? This two-edged word? This ambidextrous book? These ambivalent heroes? The Judges were drawing their last fleeting breaths shipwrecked and scattered upon the shores of historical-critical-grammatical-linear-modernist-masculine interpretation. "The narrative is primitive," they said. "The editors have made a mess," they exclaimed. "The conclusion is really an appendix," another said. Then the bible-acrobats jumped in pretending there was no literary carnage while at the same time drawing our eyes away from the literary carnage. "No, no, there (...) is an order to this disorderly book!" "Gideon is a man of faith," they explained. "Gideon is a sham," others retorted. "Long live the king," they cried. "Oh no, the king will bring down the nation," others said. Enter the latest literary critics and the fresh feminist readers to save the day. And save they have. Barry noted the irony. Cheryl called attention to the elaborate, spiraling labyrinth. Phyllis remembered the forgotten. Mieke heralded the incoherence. Deborah the Bee slings Barak with irony. Cowardly Jephthah sacrifices his virgin daughter immediately after he is filled with the spirit. Blind Samson remains stuck in some adolescent, Pinnochio-like stage milling around the same old vices. The Levite, the man of word and sacrifice, lies to the people and dismembers his wife. To beat it all the myopic narrator joins in lock step with the other blind characters stumbling around in the narrative. What manner of text is this? These Judges, these stories, are even more troubling now that we take them seriously. Now what do we do with Judges? The recent scholarship is most promising, but I think we must press forward, or is that backward, or perhaps to another plan. Perhaps Judges hearkens forward to the postmodern. What would Judges look like if we viewed the story through a postmodern lens? Would we see the text in another dimension? Would we let the characters live and breathe as confusing, confounding, intricate characters? Judges speaks to me. These judges, they teach me. How can I ever forget my reading of Judges? For once I found a text reflecting the madness of faith in my maddening world. For once I saw a text like Pablo. I heard the echo of Umberto. I noted the faint murmurings of Jacques. I danced a most joyous jig with Julia. I saw, up ahead, or was that behind me, or over to the side, Martin's flickering candle. Mieke, meet Jael. Barak, meet Barry. Jacques, meet Gideon. Samson, meet Martin. Umberto, meet the narrator or two or three. Pablo, meet the Levite's wife---sorry, she has no name. (shrink)

The trend to centralization of the Mizrahi narrative has become an integral part of the nationalistic, ethnic, religious, and ideological-political dimensions of the emerging, complex Israeli identity. This trend includes several forms of opposition: strong opposition to "melting pot" policies and their ideological leaders; opposition to the view that ethnicity is a dimension of the tension and schisms that threaten Israeli society; and, direct repulsion of attempts to silence and to dismiss Mizrahim and so marginalize them hegemonically. The Mizrahi Democratic (...) Rainbow [The Keshet], the most prominent proponent and representative of this trend, was established in the 1990s with the intention of being a leading civic and political body in Israeli society. While it was the Mizrahi worldview that led to selection of the organization's name and aims, their vision was to be involved in social struggle on behalf of other groups in Israeli society. Since it was established, The Keshet has aimed to function as an assertive, long-term alternative coalition exerting influence, power, and pressure on the Israeli narrative network. And, indeed, the organization has succeeded in disrupting Israeli discourse, principally, by challenging the ideological foundations of the Zionist meta-narrative. Nearing the end of the first decade of the 21st century and nearly a decade since it was established, The Keshet not only represents the most current wave of Mizrahi discourse, it has changed it to such a great degree that it is impossible to ignore its influence. Further, this alternative narrative may have significant potential to advance the internal Jewish discourse so fundamental at this time given the changing Israeli situation and regional conditions. And, while it is possible to view The Keshet and this new narrative as a continuation of the Mizrahi struggle, as a narrative The Keshet's agenda represents a post-colonial perspective and multi-cultural alternative to Zionism as a social vehicle. Amidst all of this, The Keshet continues to offer concrete proposals to change the Jewish character of the state as well as its internal and external relations. One of the primary goals of this study was to examine the rise of the Mizrahi narrative over the last two decades and the new Mizrahi discourse in Israeli society. More specifically, the study sought to attain an in-depth understanding of the central narrative created and represented by The Keshet. An additional goal was to investigate the influence of The Keshet's activity and the narrative it constructed in regard to other narratives. In particular, the study focused on The Keshet's opposition to the central Zionist narrative that infuses civic, political, and academic frameworks in Israel. Accordingly, the primary research questions investigated in the study sought to determine: What has been the influence of the Mizrahi Democratic Rainbow on the Mizrahi narrative in Israel? And, what are implications of such influence for the central Zionist narrative? Methodologically, the study was based on narrative and comparative analyses of texts from different periods of the older and newer Mizrahi narratives. The corpus included two types of texts: First, academic texts and opinion pieces, both philosophical and programmatic in nature, published in magazines, journals, books, as well as position papers; second, all of the texts published by prominent and influential figures who charted the path of The Keshet or led it organizationally and/or intellectually over the last twenty years (e. g., Yehudah Shenhav, Yossi Yona, Moshe Krief among others). All texts were examined by means of philosophical, historical and critical hermeneutic tools. This analysis revealed different levels of Mizrahi and civic discourse in Israel as well as among The Keshet's founders and leading ideologues. The study was based on a three stage process model, developed for purposes of this study, for investigation and analysis of the new Mizrahi narrative as well as other oppositional narratives, in particular opposition to the hegemonic meta-narrative. The stages are: issuing the challenge, dissolution and, liberation; that is, liberation is the measure of the ultimate success of the struggle for narrative change. Such change is not based on success in the field, but rather on a radical, fundamental reversal of thought, discourse patterns, stylistic structures, as well as forms of questioning - in this case of taken-for-granted racist mechanisms. However, the principal change is in achieving a deep, inner de-legitimization of the signifiers, categories, and reproductions of all manner of mockery that are based on immoral colonialist processes that are reinforced by regimes of fear and intimidation whose self-destruction began upon their very creation. This three stage model charts the course of the oppositional Mizrahi narrative from: accounting for the past (passing judgment on the so-called historic colonialist Zionism) to writing a new (pure Mizrahi) history and creation of a Mizrahi-Arab identity separate from the Ashkenazic, identified as Zionist. Contemporary post-colonialist discourse is integral in these stages. Such a perspective has been transformed by transitions from - binarism to hybridity, Orientalism to Occidentalism, the politics of "liberation" to "constructive" politics, from the history of consciousness to the history of change, as well as from nationalist to post-nationalist questions. Fundamentally, according to this approach, political and other struggles for the emerging narrative of Mizrahi (or Arab) history seek to centralize it in society and weave it amidst the models of multiculturalism. Undertaken in parallel, the central characteristics of all these stages are borrowed from countries in which the need for national reconciliation led to renunciation of apartheid and racist policies and historical judgment of the hegemony supported by racist leaders. In addition, these three moves were undertaken in Keshet and its ideologues by means of substantive symbolic violence directed at the hegemonic Ashkenazic discourse, which included creation of hatred of it, use of stereotypes the opposite of oppressive discourse, and adoption of an arrogant point of view toward it. This stands in stark contrast to the claims of the self-proclaimed new Mizrahi stance of a discourse established on purely ethical grounds that sought to cleanse itself of these very same oppressive elements. The model developed for and demonstrated in this study allows for analysis of oppositional narratives in which the libratory stage evolves into a form of entrapment, as appears to be occurring to the new Mizrahi discourse. This conclusion is based on the observations shared by many Keshet proponents including leading intellectuals who worked on the manifestos that were the subject of criticism from the Zionist camp. The study identified and defined the following six interwoven strata, which for purposes of explication are each discussed in a separate chapter: The first chapter presents a general theoretical discussion of the issue of the narrative and the inter-narrative struggle that has become central and applicable in various ways in the latest generation (e. g., anthropologically, hermeneutically, and philosophically). The analysis surveys different discussions in the inter-narrative struggle and locates them in the contexts, relations, and meanings derived from, representing, and indeed reproducing the narrative of national identity. The second chapter includes a historical survey of the older Mizrahi struggle that existed prior to the ascendance of the new Mizrahi narrative. Initially, Mizrahi discourse focused on expressing the ethnic protest that grew in years to follow. These feelings of discrimination and social distancing of the immigrants from Islamic countries gave birth to expressions of protest, the most prominent of which were Wadi Salib and the Black Panther Movement's various activities. The research literature contains many explanations for the exacerbation of the ethnic problem and creation of a situation that could not be ignored. The consensus academic view reached at the end of the 1970s identified a number of primary factors for this situation: the existence and extensive numbers of different ethnic groups; the relative or absolute segregation of frameworks within which members of these ethnic groups lived and acted; and the significant overlap between socio-economic status and feelings of discrimination retained by members of the Mizrahi group due years of neglect by the Ashkenazic establishment, the strengthening of Mizrahi social, cultural, and political power, as well as the emergence of a Mizrahi elite that identified with Mizrahi problems. The severe consequences of feelings of discrimination were expressed in a long series of events, such as: rioting by residents of the Rehovot Sharayim neighborhood in 1956; events of Wadi Salib in Haifa in 1959; and a chain of activities involving the Black Panthers in the 1970s. Protest was also an aspect of the "tent movement" in the 1970s and 1980s. Political activities were advanced by the Tami Movement that competed in the election for the 10th Knesset in 1981 and the Shas Movement that has continued to garner political power since being found in 1984. The 1980s and 1990s were characterized as the era of radical consciousness of Mizrahi discourse as well as by the rise to power, in consecutive order, of the political parties – Tami, Shas, and the Mizrahim HaHadashim [the New Mizrahi]. The latter party laid the foundations of the new radical Mizrahi discourse from which emerged such cultural activities as: Iton Aher [A Different Newspaper]; Bimat Kivon Aher [Another Direction Forum]; Efir'yon journal; the Halah Organization for Education in Neighborhoods, Development Towns, and Villages; Kedma; the newspaper – Patish [Hammer]; and, eventually the establishment of Keshet. The third chapter presents an examination of the materialization of the inter-narrative struggle in the case of Israel, with a specific focus on The Keshet and the new Mizrahi narrative advanced by it and intellectuals. The Keshet ideology is examined in the context of its grounding in post-colonial thought, especially that of Edward Said; the directions proposed by Ella Shohat and her followers; the central thinkers of the narrative in Israel in the last decade; and the harsh critique leveled at the Ashkenazic-Zionist narrative. The practical steps proposed for implementation within the multicultural model are also examined. Here the effort to reduce the centrality of Zionism while revealing its oppressive mechanisms was undertaken in parallel with use of these mechanisms in order to create a Mizrahi space with broad margins inclusive of alternative forms of Israeli identity in the Middle East and in conjunction with Arabs within and beyond Israel. Mizrahi traditionalism is examined in the fourth chapter in two particular respects. First, the criticism of the new Mizrahi narrative leveled by the renewed view and, second, the implications of the alternative in terms of creating a Mizrahi space that does not oppose Zionism. Rather, in opposing the post-colonialist perspective, this renewed traditionalist perspective criticizes as well as values Zionism. This space seeks to be both Jewish and Mizrahi. It does not detach itself from nationalist Zionism but rather views itself as a continuation of this tradition and, accordingly, is an effort to develop a next stage in its development. For example, an essential dimension of the traditionalist perspective, "commitment," is considered in this stage to be a fertile basis for dialogue with the past and as an anchor for contemporary interpretation of Mizrahi and other Jews' identities in Israel. The fifth and sixth chapters deal with all of the vectors of criticism directed at the new Mizrahi narrative, including its ideological foundations, philosophical stance, as well as intellectual and practical basis in the Israeli sphere in the face of Palestinian nationalism. These vectors of criticism from within and beyond The Keshet deal with issues, such as, the meaning of the movement's activities and the narrative that it offers regarding questions of Israeli identity, Israeli collective memory, and Mizrahi self-perception. At the same time, it must confront the capitalist neo-liberal narrative in a global world and thrive in a context in which it must make itself manifest amidst oppositional narratives. The final chapter presents a comprehensive, critical analysis of the new Mizrahi narrative. It does so by means of a theoretical model that examines it as an oppositional narrative – one that seeks to challenge the hegemonic meta-narrative, to dissolve the boundaries of the narrative discourse, and to propose liberation and redemption that may led to entrapment amidst a changing, a-dichotomous realities (e. g., global economic development in the face of Zionist nationalisms that display ideological strength as well as development of the sense of being an Israeli that maintains its vitality and continuity while being constituted by sectors that challenge being a Mizrahi, such as co-ethnic subjects. The Keshet's influence is dramatic and extends in a number of central directions. Its political activity and non-entry into the domains of the Israeli parliament granted the movement significant power in civic discourse and contributed to changing the persona of the Mizrahi discourse; for example, from political-party struggles over budgets and obtaining shares of the regime to changing the face of Israeli society and the centrality of the Mizrahi narrative. This change included deconstructing the Ashkenazic narrative and constructing comprehensive Ashkenazic-Zionist guilt, as evident in the Ehud Barak's request for collective forgiveness. This was accomplished through the participation of leading members of Keshet who appeared in prominent intellectual forums and engaged in lively discourse - principally in academic, social, and media domains. Such participation gave new meaning to various aspects of Israeli society while establishing different models of multiculturalism. The rise of the new Mizrahi narrative is a significant marker in the inter-narrative struggle as it represents a desire for separate or hybrid identities. And, the deep probing of the narrative constructed by leaders of The Keshet and those who identify with the movement produced a number of clear ways to distinguish it from the old Mizrahi struggle, whose history was portrayed through social protests, in a manner similar to linear vectors marked with wars and elections. The old Mizrahi struggle selected the traditional tactical struggle identified usually with social and political movements that seek to change political, social, and economic reality - from the bottom up. Their primary demand was to change decisions as well as the division of social goods and resources. Hence, this older period of struggle was not aimed at opposing the ideological foundations of the hegemonic narrative nor did it seek to undermine in a radical manner the unique nature of the state of Israel as a revolutionary solution for the problems of the Jews according to the Zionist approach, as a national home for the Jewish people, and recognition of the right to an preferred and meta-definition of Jewish nationalism. In contrast, the top down struggle advanced by the new narrative is part of an ideological movement led by the educated that is assertive and ground in post-colonialist theory. Accordingly, it was critical of the techniques and mechanisms of oppression as well as sought to attack the Zionist ideological foundations and to reveal its racist operations and the regimes that have preserved it so efficiently for many years. The uniqueness of this narrative is the intellectual offensive that continues to be advanced and, in parallel, development of the discourse struggle in Israel concerning the justification for Zionism and the concrete political proposal that Jews reject the taken-for-granted status of it as an ideology. This new narrative recognizes the historic difficulties of subversion as an emancipatory and, principally, moral effort. In addition, the new Mizrahi narrative shares the foundations and narrative of Palestinian victimization. In its radical version, the new Mizrahi narrative seeks to connect to the Palestinian narrative in order to create a new space here. According to this version, this action will take place gradually. The first stage will be characterized by opposition to Western European, Ashkenazic Zionism. The Eurocentric Zionism will surrender in the second stage, to be followed in the last stage by creation of a coalition of Jews and Arabs that will be establish through concrete actualization of the refugee status and victimization that is shared by both Palestinians and Mizrahim (whether as Mizrahim or Jewish-Arab). Not a speculative academic exercise, the goal sought by this narrative is delineate and to achieve a multicultural model in which equality, liberty, and social justice will overcome the nationalism and colonialism of either side; that is it will be neither Zionist nor Jewish. Thus, this approach stresses what is shared (e.g., acceptance of the Arab space and not a rejection of it; the legitimacy of the Arab language and culture). This is part of detachment from and historic judgment of the colonialist Zionist enterprise. This possibility includes moral elements that remove the evil and harm caused by Zionism for many years as well as inner cleansing – primarily among Ashkenazim – of attitudes towards Jews and non-Jews. Though, in this regard, it should be noted that, to date, the new narrative has not made similar claims that Palestinians undergo a similar process. The assumption seems to be that this should be tested, that the coalition proposed is a possibility that will be recognized by the Palestinians, and that they are prepared to undergo a similar, shared moral process that involves negating the state of Israel as a Jewish, Western state, a state of the Jewish people, and not only for those who live within it. These Mizrahi thinkers conducted a significant move through deconstruction and substitution of the Eurocentric narrative with a multi-cultural proposal that is optimistic and even attractively naïve. Today, they acknowledge that they did not take into account Palestinian nationalist violence directed to citizens, the traditionalist alternative, and widespread opposition within the Mizrahi community toward what is perceived to be Mizrahi seclusion. They also did not take into account the harsh criticism rendered by young and educated Mizrahim who claim that they were born into a complex, multi-dimensional, multi-layered identity that includes internalization of the language of the West and rules of the game of this complex identity. And, though they are critical of some of its values, this makes it difficult to mount internal emotional opposition to the West and to the globalization contained within this world. Hence, this more familiar world is preferred over the values of the Mizrahi-Arab alternative, particularly in regard to problems in the domains of democratic citizenship, stance taken toward women, and freedom of speech. Further, educated Mizrachim reject the post-colonialist perspective and are stridently critical of its dichotomization. They claim that such a division is irrelevant in a world in which older ideologies have collapsed and new spheres – such as cyberspace and others – are open to them in which they can present themselves with an Israeli identity that is not categorized as necessarily Mizrahi. (shrink)

The Oslo "peace process" changed the modalities of the occupation, but not the basic concept. Shortly before joining the Ehud Barak government, historian Shlomo Ben-Ami wrote that "the Oslo agreements were founded on a neo-colonialist basis, on a life of dependence of one on the other forever." He soon became an architect of the US-Israel proposals at Camp David in Summer 2000, which kept to this condition. These were highly praised in US commentary. The Palestinians and their evil leader (...) were blamed for their failure and the subsequent violence. But that is outright "fraud," as Kimmerling reported, along with all other serious commentators. (shrink)

The Oslo "peace process" changed the modalities of the occupation, but not the basic concept. Shortly before joining the Ehud Barak government, historian Shlomo Ben-Ami wrote that "the Oslo agreements were founded on a neo-colonialist basis, on a life of dependence of one on the other forever". He soon became an architect of the US-Israel proposals at Camp David in 2000, which kept to this condition. At the time, West Bank Palestinians were confined to 200 scattered areas. Bill Clinton (...) and Israeli prime minister Barak did propose an improvement: consolidation to three cantons, under Israeli control, virtually separated from one another and from the fourth enclave, a small area of East Jerusalem, the centre of Palestinian communications. The fifth canton was Gaza. It is understandable that maps are not to be found in the US mainstream. Nor is their prototype, the Bantustan "homelands" of apartheid South Africa, ever mentioned. No one can seriously doubt that the US role will continue to be decisive. It is crucial to understand what that role has been, and how it is internally perceived. The version of the doves is presented by the editors of the New York Times, praising President Bush's "path-breaking speech" and the "emerging vision" he articulated. Its first element is "ending Palestinian terrorism" immediately. Some time later comes "freezing, then rolling back, Jewish settlements and negotiating new borders" to allow the establishment of a Palestinian state. If Palestinian terror ends, Israelis will be encouraged to "take the Arab League's historic offer of full peace and recognition in exchange for an Israeli withdrawal more seriously". But first Palestinian leaders must demonstrate that they are "legitimate diplomatic partners". (shrink)

Explores intellectual and philosophical evolution of German philosopher Martin Heidegger, focusing on period after World War II. Analyzes how Heidegger s ideas, particularly his notion of being, influenced and were influenced by postwar context, including confrontation with Nazism and emergence of new philosophical currents. Argues that Heidegger s work offers relevant insights for contemporary philosophical debates and calls for a critical dialogue with his legacy. Discusses Heidegger s philosophy in the context of French and German philosophical schools, highlighting relevance of (...) his ideas and impact they had on contemporary philosophy. (shrink)

Social suffering commands increasing public attention in the wake of several historical processes that have changed the ways victims are perceived. In making suffering eloquent by rendering it in conceptual form, philosophy runs the risk of muting suffering, thereby neutralizing its ability to mobilize responses. In the experience of suffering philosophy finds a limit it must recognize as its own. Yet only by fulfilling its duty towards suffering - only by having the abolition of suffering as its ultimate goal - (...) can philosophical thinking withstand a tacit complicity with injustice. (shrink)

Warne's original study provides an insightful analysis of the role of contemplation and creation in the thought of Josef Pieper, illustrating the importance of this practice to earthly happiness and human flourishing. What is the relationship between creation, contemplation, human flourishing, and moral development? Nathaniel Warne's Josef Pieper on the Spiritual Life offers a sophisticated answer to this question through a systematic analysis of philosopher Josef Pieper's (1904-1997) thought. Warne's examination centers on the role of contemplation and creation in Pieper's (...) thinking, arguing that contemplation of the created order is a key feature of earthly happiness. By emphasizing the importance of contemplation, Pieper illustrates the deep interconnections between ethics, creation, and spirituality. For Warne, to posit a binary between the contemplative life and active life creates a false dichotomy. Following Pieper, Warne claims that theology and spirituality cannot be bracketed from ethics and social action--indeed, our lived experience in the world blurs the lines between these practices. Contemplation and action are closer together than are typically assumed, and both have important implications for both our spiritual development and our engagement with the world around us. Ultimately, Warne's emphasis on creation and contemplation represents an attempt to resist a view of ethics and the spiritual life that is divorced from our environment. In response to this view, Warne argues that we need a renewed sense that creation and place are important for self-understanding. Contemplation of creation is, at bottom, a form of communion with God--we thus need a more robust sense of how ethics and politics are rooted in God's creative action. Taking Pieper as a guide, Warne's study helps to deepen our thinking about these connections. (shrink)