Confessions both hold a great promise and pose a grave danger. When the accused speaks against his interest and assumes responsibility for criminal actions this is viewed as a compelling sign of guilt. It is not, therefore, for naught that the confession has been crowned the "queen of evidence." Yet research conducted in the last few decades has shown that a substantial number of confessions are false, ranking the out of court confession high among the factors leading to the conviction (...) of innocent people. The acceptance of DNA testing, has further substantiated this finding, igniting a renewed interest in out-of-court confessions. It is hard to assess the magnitude of social harm caused by the widespread and persistent resort to obtaining confessions, but one thing is evident from the vast literature on the matter: this evidentiary mechanism is currently overused, much beyond the optimal level. The reasons for this over-use are varied, among them the fact that confessions are readily available for law enforcement officers, and that those in charge of trying the facts tend to overwhelmingly convict based on out-of-court confessions, while underestimating the associated dangers. As a result, confessions have come to play a paramount role in the criminal justice system. Many attempts have been made to deal with confession-based wrongful convictions. Examples include the Miranda rules or the requirements for varying degrees and types of corroborating evidence. To date, all the rules and proposals share a common characteristic: They all attempt to correct the evidentiary fallacies associated with out-of-court confessions by evidentiary means, whether admissibility oriented or weight oriented. In the article we argue that none of the proposed mechanisms is likely to solve the problem. The root of the problem lies in the fact that the entire criminal justice system is currently organized around confessions. Law enforcement officers focus on obtaining confessions and the prosecution uses it as its evidentiary centerpiece. Further restricting admissibility or requiring a higher degree of corroboration will not change this trend. Moreover, the confessional lure is too strong to resist. Like the Sirens' Song, the confession casts a spell on all those subjected to it and, no matter how strong a corroboration we require, we will eventually fall back on the confession. We propose an entirely different solution to the tendency to over-use confessions, one that utilizes penal means to change the incentive structure within the criminal justice system. We propose to incorporate into the sentencing guidelines a mandatory reduction of the criminal sanction whenever an out-of-court confession is introduced into evidence by the prosecution. In other words, our proposal is to elevate the cost of using out-of court confessions, as compared to other types of evidence. The article will demonstrate how placing such a "sentencing price tag" on the use of out-of-court confessions will correct the current bias in favor of using this evidence and induce law enforcement officials to seek extrinsic evidence, thus turning confessions into a residual evidentiary devise. The article will also show that the proposed regime will improve the court's ability to distinguish between true and false confessions. After discussing the proposed model's normative appeal, the article will proceed to deal with possible criticisms which can be leveled against it, whether retributive, utilitarian or expressive. (shrink)

The creation of a "market for virtue" and social responsibility is dependent on the flow of information from the corporation to the responsible agents. To achieve a free flow of information, excessive, missing and unreliable information must be avoided. More generally, a market for virtue should make it possible to create the appropriate means to signal true commitments and enable informed agents to know how to effectively use their limited resources for deploying market power that rewards and sanctions the corporations (...) that deserve such responses. The underlying assumption of this query is that if corporations in fact compete among themselves in the dimension of social responsibility, then some corporations will identify ways of demonstrating credibility of both efforts and results. The purpose of publishing codes of conduct and annual Corporate Social Responsibility reports would be to improve the level of information that is needed for the market for virtue to function. In order to assess the existence of a competitive market for virtue, the Article analyzes the codes and associated documents of sixteen multinational companies in three industries — textile, petrochemical and automobile. The Article finds some differences between labor and environmental norms, both within each of the sectors, as well as between sectors. However, the major finding casts doubt on the very assumption that labor and environmental norms are shaped by a market for virtue. Contrarily, the Article sheds new light on alternative reasons for developing social norms in corporations and rethinks the purpose of CSR reports. (shrink)

Regionalism is experiencing a global resurgence as countries grapple with issues such as coordination problems, economic inequality, racial tensions, and environmental degradation. Nations are exploring various regional entities as potential solutions to these challenges. However, despite the growing prominence of regions, they remain undertheorized. While extensive research has been conducted on national and local governments, regions have often been treated as either state-like or locality-like, or as ad-hoc remedies for the limitations of both. This article seeks to complicate this perspective (...) and present the initial stages of a theory of regions. By examining the case study of the Cities’ Union in Israel and tracing its historical origins and legal evolution into multipurpose regional clusters, the article uncovers valuable theoretical insights about regions. First, it argues that just as “the local” and “the national” mutually shape one another, “the local” and “the regional” too are interdependent concepts, each definition relying on the other. The existence of a third concept—the regional—is crucial, making this a conceptual triad rather than a dyad. Second, the article highlights that legal institutions such as interlocal cooperations and special-purpose governments (SPGs) are not inherently local or regional but can be perceived as either depending on historical and political contingencies. The conceptualization and concrete manifestations of local and regional forms are subject to political concerns and ideological commitments, extending beyond mere technical or functional considerations. Lastly, the article reflects on the unique characteristics of regional forms that make them legally, socially, geographically, and economically nimbler and more adaptable than their national and local counterparts. (shrink)

The emergence and persistence of the jews other.

New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental harms. In this Article (...) we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state, local governments, and civil society entities. This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it. (shrink)

The present work is aimed at filling a hiatus in the literature dealing with the Young Hegelians and the early thought of Karl Marx. Despite the prevalent view in the past few decades that Bruno Bauer played an important part in the radical activity of Hegel's young disciples in the eighteen forties in Germany, no comprehensive work has so far been published on the relations between Bauer and Marx. In 1927 Ernst Bar nikol promised to write a monograph on the (...) subject, but he never did. For the purpose of this study I perused material in numerous library collections and I would like to express my gratitude to the staff of the following institutions: Tel Aviv University Library, the Library and Archive of the International Institute of Social History in Am sterdam, the Heidelberg University Library, the Library of Gottingen University, the Tiibingen University Library, Frankfurt University Library, the State Library at Marburg, the Manuscript Department of the State Archives in Berlin. (shrink)

Rabbinic literature contains several examples of a manner of silencing impious arguments that is usually identified only with later forms of piety, namely, ascribing the arguments to the evil inclination . Arguments attributed to the yetzer represent serious discursive threats against rabbinic doctrine, marking fundamental problems in both its legal and nonlegal parts. Identifying a question or refutation as belonging to the yetzer automatically invalidates it. By ascribing arguments to the yetzer , the rabbis prevent their audience from actually engaging (...) them, thus marking the limits of rabbinic dialogism. (shrink)

The Crown and the Courts: Separation of Powers in the Early Jewish Imagination. By David C. Flatto. Cambridge, MA: Harvard University Press, 2020. Pp. 367. $39.95.

This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...) story of the procedural amendments, despite their immense impact, remains shrouded in mystery and is told here for the first time. The reason for that, we argue, is that despite the vast impact of procedure on substantive right, many in the Israeli legal system mistakenly view civil procedure rules as highly technical and neutral directives for the day-to-day operation of the litigation process. The conclusion from such a view is that rulemaking should be left to expert legal technicians and court administrators and that transparency mechanisms or public participation are to be avoided as unnecessary due to the costs and burdens they impose on the rulemaking process. The article concludes with a call for overhauling the rulemaking process in Israel. We argue that the secretive and opaque process is anathema to democracy. Bearing in mind that procedural rules are inevitably imbued with substantive values and have an enormous effect on the substantive rights of the citizenry, the rulemaking process should be radically altered to enable all interested parties to take part in the process, making it far more transparent and subject to public scrutiny in all its stages. (shrink)

In this article, I study several midrashic passages preserved in the Babylonian Talmud that deal with Satan. The verses that they are based on are nearly all drawn from the book of Job. I find that these midrashim strongly support the conclusions of Ishay Rosen-Zvi’s monograph Demonic Desires in several ways, notably that Satan is not the font and origin of evil in the world as he is in other branches or wings of the ancient Jewish imagination.

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

Dignity plays a central role in current thinking about law and human rights, but there is sharp disagreement about its meaning. Combining conceptual precision with a broad historical background, Michael Rosen puts these controversies in context and offers a novel, constructive proposal. “Penetrating and sprightly...Rosen rightly emphasizes the centrality of Catholicism in the modern history of human dignity. His command of the history is impressive...Rosen is a wonderful guide to the recent German constitutional thinking about human dignity...[ (...) class='Hi'>Rosen] is in general an urbane and witty companion, achieving his aim of accessibly written philosophy.” —Samuel Moyn, The Nation “[An] elegant, interesting and lucid exploration of the concept of dignity...Drawing on classical, liberal and Catholic traditions, Rosen hopes to rehabilitate dignity to its rightful place near the centre of moral thought...Rosen's admirable book deserves wide attention from political theorists, jurisprudes and political philosophers.” —Simon Blackburn, Times Higher Education “Dignity deserves to be widely read, not only for its intrinsic interest, but also as a corrective to the habit of discussing such topics in abstraction from their social context. Whether or not one agrees with Rosen's arguments, there can be no doubt he has widened our horizons.” —Rae Langton, Times Literary Supplement. (shrink)

I embark on the writing of this short note not as an expert in ethics or a seasoned war analyst but rather as an involved observer nudged into the spotlight by a colleague’s overestimation of my insight into the Israel–Hamas conflict. I approach this task with scepticism yet hoping to morph it into a form of therapy. My own therapy, a means to break the shackles of silence that have gripped not only myself but, I suspect, many others in Israel.

Abstract:This essay presents and discusses how James Rennel (1742–1830), a royal cartographer in eighteenth-century Bengal and father of British Modern Geography, presented and discussed the biblical concept of "exile" as a "practice" for the benefit of the empire. Following Rennell's readings in Biblical and Classical texts, this essay shows how Rennell intervened in contemporary European debates about Jews and trade.

What is life? For four centuries, it has been believed that the only possible scientific approach to this question proceeds from the Cartesian metaphor -- organism as machine. Therefore, organisms are to be studied and characterized the same way "machines" are; the same way any inorganic system is. Robert Rosen argues that such a view is neither necessary nor sufficient to answer the question. He asserts that life is not a specialization of mechanism, but rather a sweeping generalization of (...) it. Above all, Rosen argues that renouncing mechanism does not mean abandoning science. A radical alternative is proposed, drawn equally from experience in biology, physics, and mathematics; an alternative which draws attention to a new class of complex systems, which are radically different from mechanism. (shrink)

In this stunning reappraisal of the celebrated case of Daniel Paul Schreber, Lothane takes the reader on a richly documented tour of all the ingredients that made Schreber's illness a unique psychiatric event. Building outward from a close examination of Schreber's troubled relationship to his two psychiatrists, Flechsig and Weber, Lothane elaborates the personal, familial, and cultural contexts of Schreber's illness. Incorporating extensive new archival and bibliographic research, and providing extensive accounts of the personalities and theories of Schreber's two psychiatrists, (...) Paul Flechsig and Guido Weber, Zvi Lothane offers a stunning reappraisal of the Schreber case that overturns virtually all previous opinion. Lothane examines both the man and his milieu in a way that allows the reader fresh access not only to the tragedy of Schreber's illness but also to his heroic, if doomed, attempts to come to terms with his condition through writing. In the process, he persuasively demonstrates that important issues of both psychiatric diagnosis and psychoanalytic interpretation have heretofore been compromised by a failure to pay sufficient attention to Schreber's interpersonal, cultural, and historical contexts. (shrink)

In this book a distinguished philosopher offers a comprehensive interpretation of Plato’s most controversial dialogue. Treating the _Republic _as a unity and focusing on the dramatic form as the presentation of the argument, Stanley Rosen challenges earlier analyses of the _Republic _ and argues that the key to understanding the dialogue is to grasp the author’s intention in composing it, in particular whether Plato believed that the city constructed in the _Republic _is possible and desirable. Rosen demonstrates that (...) the fundamental principles underlying the just city are theoretically attractive but that the attempt to enact them in practice leads to conceptual incoherence and political disaster. The _Republic, _says Rosen, is a vivid illustration of the irreconcilability of philosophy and political practice. (shrink)

Compiling twenty articles on the nature of life and on the objective of the natural sciences, this remarkable book complements Robert Rosen's groundbreaking Life Itself--a work that influenced a wide range of philosophers, biologists, linguists, and social scientists. In Essays on Life Itself, Rosen takes to task the central objective of the natural sciences, calling into question the attempt to create objectivity in a subjective world and forcing us to reconsider where science can lead us in the years (...) to come. (shrink)

The Shadow of God combines history and philosophy in a way that is, unlike Hegel, fundamentally pluralistic. It presents the period of German Idealism as a time when philosophers aimed to bring faith and reason together through the idea of autonomy. At the same time, the tensions endemic in that process led to a transfer of individual hope from an afterlife of reward or punishment to participation in a collective, historical process. This article responds to a series of critical questions: (...) Does the book assimilate consolation and reconciliation? Does it sufficiently distinguish knowledge and justification? Does it open the possibility for a reaffirmation of the individual? Does it underestimate the potential for a secularized Kantian philosophy to bring together equality, justification, and community? Does its interpretation of Kant give a place for his account of historical progress? Is awareness of the way in which theodicy came to be historicized helpful in understanding contemporary democracy and its discontents? (shrink)

This chapter contains sections titled: 1 A Question about Composition 2 Some Answers 3 How Shall We Decide? 4 Common Sense and Unrestricted Composition 5 Common Sense and Compositional Nihilism 6 Compositional Nihilism and the Self 7 The Appeal to Science 8 Problem or Pseudoproblem? What To Do?

: Although Galileo's struggle to mathematize the study of nature is well known and oft discussed, less discussed is the form this struggle takes in relation to Galileo's first new science, the science of the second day of the Discorsi. This essay argues that Galileo's first science ought to be understood as the science of matter—not, as it is usually understood, the science of the strength of materials. This understanding sheds light on the convoluted structure of the Discorsi's first day. (...) It suggests that the day's meandering discussions of the continuum, infinity, the vacuum, and condensation and rarefaction establish that a formal treatment of the "eternal and necessary" properties of matter is possible; i.e., that matter as such can be considered mathematically. This would have been a necessary, and indeed revolutionary, preliminary to the mathematical science of the second day because matter itself was thought in the Aristotelian tradition to be responsible for the departure of natural bodies from the unchanging and thus mathematizable character of abstract objects. In addition, the first day establishes that when considered physically, these properties account for matter's force of cohesion and resistance to fracture. This essay closes by showing that this dual style of reasoning accords with the conceptual structure of mixed mathematics. (shrink)

Our eyes, bodies, and perspectives are constantly shifting as we observe the world. Despite this, we are very good at distinguishing between self-caused visual changes and changes in the environment: the world appears mostly stable despite our visual field moving around. This, it seems, also occurs when we are dreaming. As we visually investigate the dream environment, we track moving objects with our dream eyes, examine objects, and shift focus. These movements, research suggests, are reflected in the rapid movements or (...) saccades of our sleeping eyes. Do we really see the dream world in the same way that we see the real world? If we do, how could dreaming, usually assumed to be mind-generated hallucinations, replicate such an experience? This problem would be deflated if dreams are not hallucinations at all, but rather imagination, illusion or simply unrealistic. I argue that imagination and illusion views do not satisfactorily explain away the problem of vision and action in sleep. The imagination model is not a complete description of dreaming that is consistent with empirical research, and it is unlikely that the visual dream world is an illusion. Given that the dreaming visual experience is most likely active, hallucinatory, and at times a realistic world simulation, there are important implications for our understanding of visual perception and its relationship to movement. Evidence suggests that our dream eyes investigate the dream world as our waking eyes investigate the waking world. If changes to the unconsciously generated dream environment are perceived as external and unintentional while dream body movements are perceived as self-generated and intentional, current theory of visual perception may have to be expanded to account for how the dreaming mind generates a stable world in which we track and visually explore mind-generated objects. (shrink)

Newton's Principia begins with eight formal definitions and a scholium, the so-called scholium on space and time. Despite a history of misinterpretation, scholars now largely agree that the purpose of the scholium is to establish and defend the de fi nitions of key concepts. There is no consensus, however, on how those definitions differ in kind from the Principia's formal definitions and why they are set-off in a scholium. The purpose of the present essay is to shed light on the (...) scholium by focusing on Newton's notion and use of de fi nition. The resulting view is developmental. I argue that when Newton first wrote the Principia, he viewed the scholium's definitions as items of “natural philosophy.” By the time of the third edition, however, he came to view their methodological status differently; he viewed them as belonging to the more qualified “manner of geometers.” I explicate the two methods of natural inquiry and draw out their implications for Newton's account of space. (shrink)

Evolution, mathematics, and the evolution of mathematics -- Mathematics and the Greeks' view of the world -- Mathematics and the view of the world in early modern times -- Mathematics and the modern view of the world -- The mathematics of randomness -- The mathematics of human behavior -- computations and computers -- Is there really no doubt? -- The nature of research in mathematics -- Why is teaching and learning mathematics so hard?

In this book a distinguished philosopher offers a comprehensive interpretation of Plato’s most controversial dialogue. Treating the _Republic _as a unity and focusing on the dramatic form as the presentation of the argument, Stanley Rosen challenges earlier analyses of the _Republic _ and argues that the key to understanding the dialogue is to grasp the author’s intention in composing it, in particular whether Plato believed that the city constructed in the _Republic _is possible and desirable. Rosen demonstrates that (...) the fundamental principles underlying the just city are theoretically attractive but that the attempt to enact them in practice leads to conceptual incoherence and political disaster. The _Republic, _says Rosen, is a vivid illustration of the irreconcilability of philosophy and political practice. (shrink)

The intuitive view that memories are characterized by a feeling of pastness, perceptions by a feeling of presence, while imagination lacks either faces challenges from two sides. Some researchers complain that the “feeling of pastness” is either unclear, irrelevant or isn’t a real feature. Others point out that there are cases of memory without the feeling of pastness, perception without presence, and other cross-cutting cases. Here we argue that the feeling of pastness is indeed a real, useful feature, and although (...) this feeling does not define memory ontologically, it is a characteristic marker which helps us easily categorise a mental state first-personally. We outline several cognitive features that underlie this experience, including the feeling of past accessibility, ergonomic significance, immersion, objectivity and mental strength. Our account is distinctly phenomenal, rather than doxastic, although our web of beliefs may contribute to this experience. (shrink)