In his essay The Dynamic Analytics of Property Law, Professor Michael Heller describes and criticizes the familiar, current analytical tools of property theory and calls for the adoption of a more dynamic approach. In this comment, I shall address briefly two issues discussed in Heller's paper: his suggestion that we add a fourth type of property – "anticommons property" – to the well-known "property trilogy" of private property, commons property, and state property; and his critique of the "bundle of rights" (...) approach of the courts to the takings problem, which leads to excessive fragmentation of private property. The former issue nicely demonstrates the current tendency of scholars to argue against "too much private property." The latter illustrates the familiar, futile search of property scholars for an all-encompassing metaphor to describe and identify private property. (shrink)

Although emotion has become one of the most popular research areas within organizational scholarship, few studies have considered its connection with unethical behavior. Using dual-process theory, we expand on the rationalist perspective within the field of behavioral ethics by considering the process through which two discrete emotions, anger and guilt, influence unethical behavior. Across two studies using different methodologies, we found that anger increases unethical behavior whereas guilt reduces unethical behavior. These effects were mediated by impulsive and deliberative processing. Overall, (...) our results shed light on distinct mechanisms through which emotions can influence unethical behavior. Both theoretical and practical implications are discussed. (shrink)

Pharmacological substances used to improve cognition and brain function range from dietary supplements and caffeine to drugs targeted at altering particular neurochemical concentrations in the brain. This article considers current scientific research into pharmaceutical cognitive enhancement and likely future directions. Then it discusses the trends in the use of PCEs within patients groups for whom they were intended, as well as in those for whom they were not originally intended, including healthy adults and children. Finally, it provides an overview of (...) current and future ethical considerations and concludes that the use of PCE will likely continue both within patient and healthy individuals in the foreseeable future. Information regarding actual use, benefits, and harms in various populations is severely lacking. Therefore, more emphasis should be placed on obtaining the relevant empirical data, for example, by the long-term monitoring of effectiveness and side effects, and by accurate large-scale surveys to assess actual usage. (shrink)

The military service of combat soldiers may pose many threats to their well being and often take a toll on body and mind, influencing the physical and emotional make-up of combatants and veterans. The current study aims to enhance our knowledge about the combat experiences and the challenges that female soldiers face both during and after their service. The study is based on qualitative methods and narrative analysis of in-depth semi-structured personal interviews with twenty military veterans. It aims to analyze (...) the narratives of American and Israeli female combat soldiers regarding their military service, with emphasis on the soldiers’ descriptions, in their own words, about their difficulties, challenges, coping and successes during their service and transition to civilian life. A recurring theme in the interviews with the veterans of both militaries was the need to be heard and the fact that societies, therapists, and military institutions do not always truly listen to female veterans’ experiences and are not really interested in what actually ails them. Our research suggests that conventional methods used in research relating to veterans might at times be inadequate, because the inherent categorization might abstract, pathologize, and fragment a wide array of soldiers’ modes of post-combat being. Moreover, female veterans’ voices will not be fully heard unless we allow them to be active participants in generating knowledge about themselves. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

The notion of common ground is important for the production of referring expressions: In order for a referring expression to be felicitous, it has to be based on shared information. But determining what information is shared and what information is privileged may require gathering information from multiple sources, and constantly coordinating and updating them, which might be computationally too intensive to affect the earliest moments of production. Previous work has found that speakers produce overinformative referring expressions, which include privileged names, (...) violating Grice’s Maxims, and concluded that this is because they do not mark the distinction between shared and privileged information. We demonstrate that speakers are in fact quite effective in marking this distinction in the form of their utterances. Nonetheless, under certain circumstances, speakers choose to overspecify privileged names. (shrink)

In this article, we discuss the findings of a pilot project involving online journalists and online journalism graduate students in The Netherlands regarding their experiences and professional views on ethical dilemmas specifically related to new media. This article offers an exploratory analysis of the literature regarding new media ethics, singles out a number of specific issues confronting the online professional, and measures their relative impact on the self-perception and daily practices of online journalists in The Netherlands.

Our study contributes to the ongoing debate about women’s rights and religious feminism. The context for analysis of women’s experiences is the “Women of the Wall” who have been struggling for the past 30 years for their right to practice their spiritual rituals (praying at the Western Wall) in a hegemonic and masculine arena. We suggest that the “Women of the Wall” and their battle for spiritual equality threaten the hegemonic masculinity. Moreover, this feminist battle expands the feminist revolution and (...) the fights for women’s equality to the religious arena which is dominated by the hegemonic masculinity. The implementation of the Listening Guide, a feminist methodology, assists us in uncovering various voices, representing different aspects of the experiences of the “Women of the Wall” in a conflict zone. These narratives reveal juxtapositions of feelings of competence, determination and vulnerability and shed light on the women’s struggle for gender equality in a hegemonic masculine domain. (shrink)

In this article I attempt to present an explanation that integrates the five features needed for the cognitive (knowledge‐yielding) linking of philosophy and literature. These features are, first, explaining how a literary work can support a general claim. Second, explaining what is uniquely gained through concentrating on such support patterns as they appear in aesthetic contexts in particular. Third, explaining how features of aesthetic response are connected with knowledge. Four, maintaining a distinction between manipulation and adequate persuasion. Five, achieving all (...) this without invoking what David Novitz has called “a shamelessly functional and didactic view of literature.”. (shrink)

I attempt to explain Plato's choice of dialogue through an analysis of what he regarded as the conditions of knowledge acquisition. I see the main contribution of the paper in exposing the way in which time and pain are, for Plato, conditions of knowledge acquisition. Plato endorsed the “learning through suffering,” or pathei mathos, convention, central to Greek drama, and did so not through theory but through the praxis some of the dialogues employ. This addition of experiential components to the (...) more cognitively oriented definitions of knowledge that Socrates uses complicates what these works may say about human knowledge. I analyze these tensions and the bearing they may have on the question of Plato's choice of dialogue, that is, on his rhetoric in practice. The requirements for actual persuasion, as Plato specifies them in the Seventh Letter,, are only partially met by the fictional scenes of argumentation and knowledge conveying that Plato presents. However, such scenes permit transcending some of the limitations of written, systematic, nonpersonal discourse. The presentation of such interactions to a real reader through dialogue turns into a mode of writing that is closer to meeting the demands of actual communication of knowledge – at least knowledge regarding what Plato envisaged as being the highest sort of epistemic communication. (shrink)

Depue & Collins's model of incentive-motivational modulation of goal-directed behavior subserved by a medial orbital prefrontal cortical (MOC) network is appealing, but it leaves several questions unanswered: How are the stimuli that elicit an incentive motivational state selected? How does the incentive motivational state created by the MOC network modulate behavior? What is the function of the dopaminergic input to the striatum? This commentary suggests possible answers, based on the open-interconnected model of basal-ganglia-thalamocortical circuits, in which the limbic circuit selects (...) goals and, via its connections with the motor and the associative circuits, directs behavior according to those goals, elaborating on the role of dopamine. (shrink)

From Higgins (1973) to Iatridou and Varlokosta (1998), connectivity has been considered in the literature to be a defining characteristic of specificational pseudoclefts. This paper argues against this view based on an analysis of specificational pseudoclefts in Hebrew. Pseudoclefts in Hebrew are interesting in two ways. First, predicational and specificational pseudoclefts are distinguished lexically in the choice of the copula. Second, specificational pseudoclefts fall into two classes, each exhibiting a different set of connectivity effects. The connectivity pattern in Hebrew is (...) accounted for following Jacobson (1994) and Sharvit (1999), who assume that connectivity effects are independent of each other and derive them as a by-product of semantic equation. It is shown that this pattern cannot be obtained using any single grammatical operation, such as reconstruction or coping, which would necessarily derive all connectivity effects at once. (shrink)

Part one. Homesickness, borderlines, and contraband -- The architectonics of subjectivity -- The poetics of subjectivity -- The shattered mirror of modernity -- Part two. The exilic constellation -- Introduction -- The dead end of omniscience : reading Bakhtin with Bergson -- In the beginning was the body : reading Bakhtin with Merleau-Ponty -- From dialogics to trialogics : reading Bakhtin with Lévinas -- Coda : a home away from home.

Inspired by early proposals in philosophy, dominant accounts of language posit a central role for mutual knowledge, either encoded directly in common ground, or approximated through other cognitive mechanisms. Using existing empirical evidence from language and memory, we challenge this tradition, arguing that mutual knowledge captures only a subset of the mental states needed to support communication. In a novel theoretical proposal, we argue for a cognitive architecture that includes separate, distinct representations of the self and other, and a cognitive (...) process that compares these representations continuously during conversation, outputting both similarities and differences in perspective. Our theory accounts for existing data, interfaces with findings from other cognitive domains, and makes novel predictions about the role of perspective in language use. We term this new account the Multiple Perspectives Theory of mental states in communication. (shrink)

This Article calls for a departure from the ‘positivist–professional’ definition of Elder Law. It offers a new definition that demands answers regarding the justifications for this legal area and the normative base that should guide its content. The paper draws on findings from a qualitative study with grown children who have an elderly parent in need. These findings point toward a) a preliminary theoretical framework that justifies a special area of Elder Law, embracing and transcending that of anti-ageist law, and (...) b) the relevance of Family Law jurisprudence as a normative inspiration for this legal area. (shrink)

This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted (...) interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice. (shrink)

This paper examines the ways Israeli law differentiates betweensingle and married women. The first section explores the littlewe know of single women and single mothers' realities. The secondsection analyses Israeli laws related to military service,housing assistance, homemakers' status in the social securitysystem, ways of becoming a mother, and public support formothers. The legal analysis reveals complex distinctions betweensingle and married women ranging from ignoring single women whenthey have no children and encouraging them to marry, toambivalence towards single women who want (...) to conceive, and ontosubstantial public support for single women who are alreadymothers. The article points to directions of change needed so thelaw will adequately address single women's choices and needs. (shrink)

This article discusses two puzzles regarding identity questions: (i) certain definites cannot occur in the post-copular position of identity questions; and (ii) the same definites are the only possible answers to identity questions with post-copular names. We demonstrate that the range of these definites crucially depends on interlocutors' shared assumptions about how entities in the physical surroundings are perceived and categorized. We propose that these definites are directly referential in the sense of Kaplan (1989a,b), and only contribute the referent itself (...) to the semantic composition. To explain the asymmetry between perceptually grounded descriptions and proper names, we draw on Gupta's (1980) framework of relative identity. This analysis suggests that direct reference is not always determined lexically, but is—at least in part—a pragmatic phenomenon. More generally, this phenomenon shows that natural language is sensitive to the source of information in the common ground. (shrink)

Culture provides people with rich, detailed, implicit, and explicit knowledge about associations and contingencies. These culture-based expectations allow people to get through their days without much systematic reasoning. Experimental designs that unpack these situated effects of culture on thinking, feeling, and doing can advance bias research and direct policy and intervention.

Are grounded procedures such as cleansing value-neutral main effects? Culture-as-situated-cognition theory suggests otherwise. Societies differ in how frequently they trigger membership and individualizing cultural mindsets and their linked mental-procedures – connecting and separating, respectively. Commonly triggered mindsets feel fluent. Fluency feels good. Cleansing can separate from but also connect to others in the form of membership-based rituals.

People can imagine their future selves without taking future-focused action. Identity-based motivation theory explains why. Hoerl & McCormack outline how. Present-focused action prevails because future “me” feels irrelevant to the choices facing current “me” unless future “me” is experienced as occurring now or as linked to current “me” via if-then simulations. This entails reasoning in time and about time.

Culture-as-situated cognition theory provides insight into the system 1 monitoring algorithm. Culture provides people with an organizing framework, facilitating predictions, focusing attention, and providing experiential signals of certainty and uncertainty as system 1 inputs. When culture-based signals convey that something is amiss, system 2 reasoning is triggered and engaged when resources allow; otherwise, system 1 reasoning dominates.

We report an experiment on two treatments of an ultimatum minigame. In one treatment, responders’ reactions are hidden to proposers. We observe high rejection rates reflecting responders’ intrinsic resistance to unfairness. In the second treatment, proposers are informed, allowing for dynamic effects over eight rounds of play. The higher rejection rates can be attributed to responders’ provision of a public good: Punishment creates a group reputation for being “tough” and effectively “educate” proposers. Since rejection rates with informed proposers drop to (...) the level of the treatment with non-informed proposers, the hypothesis of responder’s enjoyment of overt punishment is not supported. (shrink)

Name der Zeitschrift: Der Islam Jahrgang: 93 Heft: 1 Seiten: 290-295.

A wide-ranging exploration of the Hekhalot and Merkavah literature, a mystical Jewish tradition from late antiquity, including a discussion of the possible cultural context of this material's creators.

Enterprise Resource Planning systems are used by universities to handle the academic services and business processes while providing enhanced experience and services to students. This study begins with a background review of ERPs in higher education institutions, the impact on the business processes through optimization and the importance of critical success factors for easier implementation. Secondly, Academic Planning, a core part of the student module of ERPs for higher education, is analyzed in this paper from the prism of data integration, (...) business process workflow, and process optimization. The issues that arise with development of a module are addressed through a case study at SEE-University. The data and business process workflows are based on an actual study by real implementation at this institution. The findings from this study will serve other universities who are in the process of implementation of an ERP to ease their development process and improve the efficiency of the services provided. Main contribution of this study is that it reduces the gap in literature and practice for issues and solutions that arise with the development of a new system, especially in higher education institutions, which in turn are very scarce in nature. (shrink)

Adaptations have varied relations to their source material, making it hard to formulate a general theory. Avoiding the attempt, we characterize a narrower, more unified class of reflective adaptations which communicate an active and sometimes critical relation to the source's framework. We identify the features of reflective adaptations which give them their distinctive interest. We show how these features are embodied in Akira Kurosawa's Throne of Blood, an adaptation with a radically shifted perspective on the relation between character and situation (...) compared to its Shakespearean source. We identify some of the artistic choices through which this response to the source is conveyed, such choices being a characteristic feature of reflective adaptations. (shrink)